Issuu

FG Gives Wealthy Tax Evaders 90 Days to Declare Assets Says N1.3trn spent on capital projects in 2016 Ambode demands review of revenue allocation formula Gboyega Akinsanmi and Akinwale Akintunde

face the full wrath of the law. The ultimatum came through Vice-President Yemi Osinbajo during the 57th Annual Conference of the Nigerian Bar Association

The Federal Government yesterday said it had given tax evading wealthy Nigerians and corporate bodies 90 days to declare their taxable income and pay appropriate taxes or

(NBA) in Lagos, where the state Governor, Mr. Mr. Akinwunmi Ambode, called for a review of the country’s revenue allocation formula. Osinbajo had in June

2017 signed an executive order on Voluntary Assets and Income Declaration Scheme (VAIDS), aimed at facilitating tax collection by revenue collection agencies.

Under the order, tax evading individuals and companies were to be given days of grace to declare and pay their outstanding tax obligations, failing which they would be

PDP’s Understanding of Restructuring Nigeria Shallow, Says APC… Page 12

prosecuted. The order took effect from July 1, 2017 and would last till March 31, 2018. Osinbajo had been particularly critical of wealthy individuals and private bodies Continued on page 8

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Buhari Works From Home Pending Renovation of Office It’s in order, says Oyegun Saraki, Dogara receive notice of resumption Mixed reactions to president's speech Tobi Soniyi, Segun James, Shola Oyeyipo inLagos,Omololu Ogunmade, Damilola Oyedele, Onyebuchi Ezigbo inAbujaand Omon-Julius Onabu inAsaba President Muhammadu Buhari, who resumed duties

yesterday after 103-day medical vacation abroad, will operate from his official residence until the completion of the renovation of his office, the Presidency said yesterday. Continued on page 8

FG Increases Local Content Fund to $200m Dangote refinery to select vendors from Nigeria’s oil industry database Ejiofor Alike The Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote, yesterday said the agency had obtained all necessary approvals to relaunch the Nigerian Content Intervention Fund (NCI Fund) and had increased the pool available for lending to qualified oil and gas players from $100 million to $200 million. This, he said, was to increase the opportunities for

more deserving companies to benefit from the fund. He spoke in Lagos just as Dangote Refinery said it would select competent Nigerian vendors that would participate in the construction of its plant from the Nigerian Oil and Gas Industry Joint Qualification System (NOGICJQS), the database of available capacities in the oil and gas industry managed by the NCDMB. The Chief Operating Officer of Dangote Refinery, Mr. Giuseppe Surace, made this commitment at Continued on page 10

WORKING FROM HOME… President Muhammadu Buhari and his Chief of Staﬀ, Mr. Abba Kyari, during the signing of a letter notifying the National Assembly of his return to work … yesterday state house

T H I S D AY TUESDAY AUGUST 22, 2017

ͻ ŽŶƟŶƵĞĚ ŽŶ ƉĂŐĞ ϯϰ

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PAGE EIGHT BUHARI WORKS FROM HOME PENDING RENOVATION OF OFFICE The Senior Special Assistant to the President on Media and Publicity, Mr. Shehu Garba, told THISDAY that the president’s office needed renovation because of its devastation by rodents during the president’s long period of absence. “Following the three months period of disuse, rodents have caused a lot of damage to the furniture and the air conditioning units,” he said, explaining that it was impossible for his boss to operate from the office in that condition. Garba, however, said this would not affect the effectiveness of Buhari’s work since the residence had an annex of the office, adding that the president had been carrying out his duties from home since he resumed. Saying he could not tell when the renovation would be completed, the presidential spokesperson stated that the maintenance company, that was seen at work yesterday at the Presidential Villa by THISDAY, had been asked to speed up its pace of work. The president had yesterday morning met with Vice President Yemi Osinbajo and other senior aides, including the Chief of Staff, Mr. Abba Kyari, at his official residence, where he signed a letter informing the National Assembly that he had resumed duties. The president’s decision to work from home got a nod from the National Chairman of the All Progressives Party (APC), Chief John Odigie Oyegun, who said it was in order, explaining that what was important was that the president would do his job. “What is important is that the job gets done. Whether he does it from his bedroom, or his sitting room, or his ante room, it does not matter. Let the job be done. And the job will be done,” he told ARISE TV, a THISDAY Newspaper sister broadcast network, yesterday. The Senate President, Dr. Bukola Saraki, and the Speaker of the House of Representatives, Hon. Yakubu Dogara, in separate statements yesterday acknowledged receipt of the letter from the president. “I have received a letter from President Muhammadu Buhari informing the Senate that he has returned to the country. I have also acknowledged the letter,” Saraki tweeted on his twitter handle @ SPNigeria. The letter, said the Special Adviser on Media and Publicity, Mr. Femi Adesina, was in fulfilment of section145 of the 1999 Constitution (as amended)

which provides: "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives, a written declaration that he is proceeding on vacation, or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President." Nigerians React to the President’s Speech Meanwhile, mixed reactions have trailed the president’s address to the nation. While the president’s supporters and party members welcomed it as apt, addressing the basic issues affecting the country, others, mostly opposition party members and social critics, described it as uninspiring. APC National Chairman, Oyegun, said the president’s speech was solid on all substantive issues of national importance, specifically backing Buhari’s warning that unhealthy discussions and divisive comments in Nigeria must stop, saying the comment was in order. He said the recent unhealthy discussions by some Nigerians were capable of turning the people against themselves, hence could not be tolerated any longer. Oyegun told ARISE TV: “President Buhari swore to protect and defend the sovereignty of this nation. That is why he first started with a note of caution, but if such unhealthy discussions persist and continue to threaten the basic existence of the nation, then he is obliged to defend the sovereignty of the country. “If you listen to the President, you will discover he was mild in his words because some of the discussions we hear everyday have gone beyond what can be acceptable. It is as if people don’t just care on the cost or likely repercussion of what they are saying, doing or what they are planning to do. Those who have actually gone through war do not wish another war on themselves, and this is what the president is cautioning against. We elected him to main, preserve and defend the constitution of this nation. All he said is to reiterate that he has sworn to defend our nation. On agitation by some groups that they were being disenfranchisement in deciding their future, Chief Oyegun said the president was right that such discussions should be taken to the National Assembly. “The President acknowledged that every group has grievances, but the beauty of a

federation is that it allows the people to discuss such issues and work out a basis for mutual coexistence. “Don’t forget these persons have representatives in the National Assembly. If you don’t trust them enough to discuss national issues on your behalf, why then did you elect them. They are there representing our constituencies. They are there to represent our views, hopes, fears and perceptions. That is the best place to exchange ideas on coexistence. At the end of the day you have your representative in the national assembly. That is democracy,” he added. On security, Oyegun said the president believe our security personnel have fought insecurity well, but must tighten loosed ends. But the People’s Democratic Party (PDP), which in a statement by its National Publicity Secretary, Prince Dayo Adeyeye, welcomed the president, said the Buhari and his handlers missed a golden opportunity to reconnect with the people as his speech failed to address issues that had direct bearing on their well-being. It said: “The President’s speech did not contain anything new; just a rehash of statements that already had been made by both government and various leaders of thought across the country, adding: “The PDP had cause to commend the then Acting President, Professor Yemi Osinbajo, for going round the country to engage with relevant stakeholders, which certainly was a better approach.” The party added: “The Peoples Democratic Party (PDP) believes that rather than rehashing the worn out clichés about Nigeria’s unity not being negotiable, Nigerians would have loved to hear their President come out definitively to tell them what realistic measures his government intended to take to uproot the causes of the perennial agitations and counter agitations that are now becoming a recurring decimal in our national discourse. “The Party believes that instead of always mouthing the indivisibility of this country, the government should be seen walking the talk by instilling confidence in all the people across board that it belongs to all.” The PDP said further: “The casual mention of ‘elements of Boko Haram'... kidnappings, farmers versus herdsmen clashes’, were also somewhat on the perfunctory side and do not imbue confidence. Adding: “President Buhari returned to the Country in a week that saw the closure of all our public universities as a result of the strike

embarked upon by the Academic Staff Union of Universities (ASUU). Yet, not even a whimper from our President.” An ardent critic of the president, Ekiti State Governor Ayodele Fayose, welcomed Buhari back but urged him and the APC to henceforth concern themselves with the real issues of governance in order to bring desired succour to Nigerians, whom the governor said were hungry. The National Chairman of the National Conscience Party, Dr. Yanusa Tanko, was critical of the speech and said the president failed to address the controversy over his health condition. He said: "I was one of those who said Mr President should help in declaring the status of his health, not for anything but because Nigerians need to know, so that we will be able to address issues properly so that it can clear the rumour that he was poisoned. "He has to dispel that particular rumour. And again, Nigerians also remember that Mr. President had said he would treat himself at home as against foreign medical trips. Mr President should have to tell Nigerians why the medical trip abroad had to be taken, perhaps because of certain exigencies." The Social Democratic Party (SDP), said the president's failure to capture the mood of Nigerians on the issue of restructuring was a big minus in his speech. In a statement by the National Publicity Secretary, Mr. Alfa Mohammed, the party said: "We have listened to Mr President's speech carefully this morning. While we commend Mr President for resolving to address the worrisome economic situation of the country and invigorate the fight against terrorism and ethnic violence, we disagree with mere passing remark by him on the sensitive issue of the wide spread call for the restructuring of the nation particularly in relation to the devolution of more powers to the federating units and the correction of the imminent structural imbalance. This issue of restructuring we reason is fundamental to the peace and unity of our great country, and pretending otherwise is like postponing the dooms day. The National Chairman of African Democratic Congress (ADC), Chief Okey Nwosu, described the broadcast as "depressing." "We have to thank God that our President came back healthy, strong and but I must say that the President's speech is very depressing. And this

FG GIVES WEALTHY TAX EVADERS 90 DAYS TO DECLARE ASSETS he accused of neglecting to pay taxes. “Despite having some of Africa’s wealthiest people whose lifestyles are the subject of global discussion, only 214 Nigerians pay taxes of N20 million or more each year,” he had said, adding: “A personal tax of N20 million implies an income of N80 million a year with majority of them based in Lagos State.” Osinbajo enjoined Nigerians to change their ways of paying tax, warning: “Tax evasion is not just a civil matter but is also a crime.” Yesterday in Lagos, he reemphasised the criminal aspect of tax evasion, stating firmly that at the end of the period of grace, all offenders would be punished. Speaking during the plenary session, “Conversations with the Vice-President,” Osinbajo said that the federal government had introduced the Beneficial Ownership Scheme that would expose all tax offenders in the

country, especially the wealthy Nigeria rich. Under the new scheme, he explained, all wealthy Nigerians, who had not been paying taxes had been given a 90-day period of grace after which they would face the full wrath of the law if they did not disclose what they owned in order to pay tax. "We have established the Beneficial Ownership Scheme where wealthy Nigerians who have been avoiding paying their taxes have been given a 90-day period of grace after which if they don't disclose what they own in order to pay tax, they will face the full wrath of the law,” he said. He said the new approach had yielded good outcome. “A few wealthy Nigerians have approached us to disclose what they own,” the vice president said. Osinbajo reeled out major achievements of the President Muhammadu Buhari administration, noting that the administration was already setting the foundation for the economic

recovery of the country. He said the Buhari administration was progressively moving away from a monoeconomy and a financial industry that was essentially opaque. According to him: “We have set a foundation of rebuilding the economy; creating The Single Treasury Account (TSA); monitoring government spending; modified the tax system to be more efficient; and implemented executive orders. We are currently in a situation where we have cleared the mess inherited by this administration.” The vice president restated the federal government's effort in tackling corruption as well as Nigeria's poor reputation abroad, noting that the Buhari administration spent N1.3 trillion on capital projects in 2016, saying it was the highest ever in the country. Governor Ambode in his presentation lamented what he called the aberrations in the 1999 Constitution as amended, which he said would continue to stunt the country’s economic growth

and inhabit the capacity of states to harness their potentials. He, therefore, called on the NBA to take advantage of the ongoing amendment of the Constitution, to support the demand for fiscal federalism and devolution of powers to states, adding that there was an urgent need for the review of the current revenue sharing formula. Under the current revenue allocation formula, the federal government takes a share of 52.68 percent from the Federation Accounts, state governments 26.72 percent and local governments 20.60 percent. “The NBA leaders should raise their voices in support of the demand for devolution of power to states and fiscal federalism, especially the review of the current revenue sharing formula,” he told the gathering of lawyers, which was also attended by Ondo State Governor, Mr. Rotimi Akeredolu; his Sokoto counterpart, Mr. Aminu Tambuwal; and President of Dangote Group, Alhaji Aliko Dangote among others.

goes to show the nature of people around him. When we have so many sycophants who have taken over power this is what you get. "For somebody who was out of the country for over one hundred days and you came back to meet the people that you promised so much during your election, you will look at them in the face and said sorry, nature seems to be taking its course, please bear with me and thank Nigerians for their prayers because it is not his will.” The Christian Association of Nigeria, (CAN), Niger chapter, lauded the President’s broadcast denouncing inflammatory statements capable of causing chaos in the country. The state CAN chairman, Mr. Mathias Echioda, commended the president’s resoluteness that the country’s unity was not negotiable. He said: “President Muhammadu Buhari’s address to Nigerians this morning is a move in the right direction. Buhari’s statement is a clear call to all sectional patriots and hate champions of our dear country to put away their swords. We are better together as a Nation. “We don’t only welcome Buhari home we congratulate him for such a bold step this morning.” The Lagos State Chapter of APC Publicity Secretary, Mr. Joe Igbokwe, in a statement said: “We are all living witnesses to how the president held his vice president's hands when he landed in Abuja last Saturday and the whole world saw the affinity, the bond, and the brotherly love that exists between the two great and honest leaders. The photographs spoke a billion words. “Lagos APC therefore appeals to Nigerians to continue to support the president and his vice as they brace up to deal with the challenges ahead. We have no doubt in our minds that these two patriots mean well for Nigeria and they have demonstrated this through actions and deeds.” The Rivers State APC Chairman, Dr. Davies Ikanya, in a comment said that all those who wished that the president never came back so as to save their looted funds now had to rethink because the government would ensure that all the looted funds, which is the main reason behind the unwarranted tension and agitations across the country, would be retrieved. He said: “The president's broadcast yesterday morning has assured Nigerians that they are now free to live and do business in any part of this country without any molestation or threat. We, therefore, plead with all Nigerians to give this government time and an enabling environment to operate so that it can fulfil all its electoral promises to Nigerians.” However, there were other Nigerians who held contrary views. Chief Femi Fani-Kayode, a member of the opposition PDP and a strident critic of the president, the speech was below average. He said: During his thoroughly uninspiring six minute broadcast this morning, instead of appealing to Nigerians for patience and understanding, and instead of apologising to them for the ineptitude and sheer incompetence that his government has displayed over the last 2 years, President Muhammadu Buhari has returned home after 105 days on his sick bed in the United Kingdom, and not only insulted Nigerians but also threatened them.” He lamented: “The president made no attempt to reach out to the people, to build bridges and to calm the troubled waters in what is clearly a traumatised and divided nation and instead he sought to intimidate and talk down on our people and his perceived enemies.” Mr. Ebun-oluwa Adegboruwa, a lawyer, said he was disappointed with the president’s speech. According to him: “One cannot

but express a sense of utter disappointment. This is a president who virtually sneaked out of Nigeria, who breached his own self declaration of transparency, by keeping Nigerians in the dark for over 100 days, and in that process grinding the wheel of progress of the nation. “Notwithstanding that the president took Nigerians for granted, he was not impeached, but rather Nigerians were offering prayers for his recovery, daily, only for him to return with a language of combat and insult, describing his own citizens as "irresponsible elements"! “This should not be language of a president that has benefited from the goodwill and magnanimity of his people, this cannot be the message of gratitude that Nigerians deserve from the president, who has been absent from duty.” The pan-Yoruba socio-political organisation, Afenifere, said it was not ready to react to the content of the president speech until tomorrow. According to the National Publicity Secretary of Afenifere, Mr. Yinka Odumakin, the South-west would collectively react to Buhari’s speech. “We plan to react to the speech as South-west region, so I will not be able to give you any reaction until Wednesday when we would have arrived at a collective position,” he said. However, former National Publicity Secretary of the Labour Party (LP), Dr. Kayode Ajulo, had both praise and knocks for the president over the speech. While he was not taken aback by the president’s refusal to resign as being speculated in some quarters, he said some aspects of the speech were undemocratic. He said: “If you look at the speech it is less inspiring. For me, with that speech he should have shown empathy with Nigerians, appreciate them and woo them. And he is trying to pitch herdsmen against farmers by saying herdsmen versus farmers. We are all students of grammar. That is uncharitable. “Here in Nigeria we are practicing democracy and for him to say ‘dear citizens’ is not acceptable. We are fellow citizens. And saying that the unity of Nigeria is not negotiable is wrong. Democracy allows everything to be negotiated. “The essence of democracy is freedom. Saying the unity is not negotiable is taking away the freedom in a democracy. Even marriage where it is for better or worse it is still negotiable. It is a political willy-nilly.” United kingdom based journalist and public relation consultant, Mr. Lekan Fatodu, was of the opinion that the president was not himself during the speech, emphasising that Buhari should allow Osinbajo to continue managing the Nigerian economy. “The man is so jocular, brutally open and candid, part of why you voted for him and he has just brought these known characteristics into his speech this morning (yesterday morning) but many have started to whine,” he said.

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T H I S D AY TUESDAY AUGUST 22, 2017

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STARTERS

Suspected Ritual Killer Escapes from Police Custody Ernest Chinwo in Port Harcourt Confusion has enveloped the Rivers State Police Command as a suspected ritual killer, Ifeanyichukwu Maxwell Dike, escaped from police detention shortly after he was taken to the State Criminal Investigation Department (CID), Port Harcourt. The 23-year-old Dike was arrested at Eliozu Community in Obio/Akpor Local Government Area of Rivers last Saturday by men of the Okporo Police Station. According to a statement issued by the State Police Public Relations Officer (PPRO), Omoni Nnamdi (DSP), Dike abducted one eight-year-old Chikamso Victory, of the same address. Nnamdi explained, “The little girl was abducted, defiled and killed, while her vagina, eyes, tongue and breast were removed and put in a polythene bag. The suspect was going to dispose of the body, when he was arrested by the local Vigilante that suspected his movement. “On being questioned, the suspect dropped the bag and took to flight. Consequently, he was given a hot chase and arrested. On further interrogation by the Police, he confessed and took the Police to where the vital organs were concealed. The body and the organs have been recovered, paraded and deposited in the mortuary. While the suspect is helping us in Investigation.” But contrary to what the PPRO said, when the suspect was taken to the State CID, the Investigating Police Officer (IPO), one Johnbosco, reportedly removed the handcuff that was on Dike to take his statement. As he was leading the suspect to the cell, he ran away and all efforts to catch him failed. The father of the victim, Dr. Ernest Nmezuwuba, narrated: “After taking the corpse to the State CID with the suspect handcuffed, the Inspector that led me there; the commissioner (CP) said I should come and that they should officially hand this case to the state CID, which I followed up. Reaching there, I saw the DSP in charge of the place, we explained to him what happened and the man shouted. “He (DSP) called one Johnbosco to record everything and take statement. We were

Police IG, Ibrahim Idris there with the suspect in handcuff. When we got to the state CID, there was no light in the entire State CID. I wrote my statement with candle; imagine a whole state CID. The Johnbosco removed the handcuff from the suspect’s hand for him (suspect) to write his statement. “At a point, the boy (Dike) said he was thirsty and Johnbosco said I should buy pure water for him and I asked him; are you crazy? Is something wrong with you? Why would you ask me to buy water for a person that killed my daughter? Why would I buy water for a ritualist? And I told Johnbosco that it was none of my business. “Some policemen were at the gate with guns while we were at the charge room writing statement. After we finished writing our statement, Johnbosco called the IPO to go and put the suspect in the cell. The suspect was not handcuffed at that time. “They did not walk up to a pole when I heard hold am, hold am. He has escaped. Whether he jumped the fence or not, I cannot say because the entire place was dark; it was around 7.30 to 8p.m. I now told Johnbosco that you know what you are doing. “They (policemen) came out with torchlight and checked under the cars parked there. Then I saw the DCP, I mean the Deputy Commissioner of Police and he said; what

nonsense is this? He then asked of Johnbosco and he was told he was inside. The DCP then said that they should handcuff both his hands and legs. The DCP asked Johnbosco if he had ever seen where any policeman has removed handcuff from the hands of an arrested ritualist. He ordered that Johnbosco be thrown in the cell and immediately informed the CP.” A distraught Nmezuwuba believes the police colluded to ensure the escape of the suspected ritual killer. “I cannot understand this country; this must be a planned game and I must fight it to the end. They have to provide that suspect. The Rivers State Police must provide him while Johnbosco should remain in detention. This incident has proved the kind of country we are living. What is going to happen in this particular matter; honestly speaking, heaven will hear it. The whole world will hear it. “This boy (suspect) is related to me; we are from the same village. He killed my daughter inside his room. The landlord is my in-law and also his own in-law. The landlord was arrested and the same day, they released him (landlord) with N50,000. The name of the landlord is Pius Nwoko. I went to him and he told me this,” he lamented. But reacting to the incident, the state Commissioner of Police, Zaki Ahmed, confirmed the incident but denied any collusion. Speaking on a radio programme monitored in Port Harcourt yesterday, Ahmed said, “What I am saying is that it was individual negligence that caused it. The escape happened in the presence of the complainant; that is the parent of the deceased. The boy (suspect) escaped under the cover of the night. But we are making every effort, every move and by the grace of the Almighty God, within a short time, he will be arrested. We are not relenting. We know that this is a serious problem; it can happen to anybody. “It is too bad it happened, but it is one of those things. Sometimes, things can happen this way. We have moved a lot of resources, both human and material resources, to ensure that the culprit is arrested. We call on the people to confide in us if they have any useful information. I will act on it.”

FG INCREASES LOCAL CONTENT FUND TO $200M a recent technical meeting held between top officials of the company and the NCDMB at the refinery project site in Lekki, Lagos State. According to a statement yesterday by the NCDMB, Surace said there were many advantages in patronising the local market, adding that Nigerian companies would get the first right of refusal. “We will procure anything that is available in Nigeria,” Surace said. He added that there were several Nigerian Content opportunities in the company’s refinery and gas gathering projects, stressing that interested companies must submit competitive bids and have technical capabilities. He explained that the project was a private investment, hence the strategy to get the best quality anywhere in the world at the most competitive price. Surace urged local vendors to quote reasonable prices when bidding for industry projects, rather than believe that they would win jobs because of the Nigerian Content Act, irrespective of the cost in their quotations. He noted that Dangote Group engaged the services of some Nigerian companies on its fertilizer project, which had reached an advanced stage of development and was committed to do the same on the 650,000 barrels per day refinery project, which would be completed in October 2019. In his comments, Wabote promised that the agency would assist the company in the utilisation of the NOGICJQS database, to ensure that it maximises the utilisation of local personnel, goods and services in the construction and operations phase of the project. “The Nigerian Content Act applies to every player in the Nigerian oil and gas industry and not just international companies. If Nigerian

companies and investors procure everything from abroad then the essence of the Act will be defeated,” Wabote said. Wabote maintained that slight cost differentials between Nigerian and foreign vendors should not be an excuse to export jobs, stressing that the opportunity cost of creating employment for Nigerians, developing local capacity, retaining spend in the economy and engendering a safe operating environment for companies justifies any marginal cost of execution charged by Nigerian vendors. He explained that Nigerian companies were affected by high costs of funds and powering their operations with diesel generators, assuring however that investments and initiatives by the federal government was already improving the power situation in the country. He disclosed that the board had obtained all necessary approval to relaunch the Nigerian Content Intervention Fund (NCI Fund), adding that the pool available for lending to qualified oil and gas players had been increased from $100 million to $200 million to ensure that more deserving companies benefit at the same time. He reiterated that NCI Fund would be disbursed directly by the Bank of Industry (BOI) at eight percent interest rate and repaid within five years. Meanwhile, oil prices fell yesterday by nearly two per cent, pulling back from last week's rally built on signs the global market is starting to rebalance from chronic oversupply. Global benchmark, Brent crude futures lost two per cent, or $1.07, at $51.65 per barrel after surging more than three per cent on Friday. US West Texas Intermediate crude futures fell 1.9 per cent, or 90 cents, to $47.63 per barrel. The contract had also risen 3 percent

in the previous session. Reuters reported US hedge funds and money managers have already started reducing bets on rising prices, with Commodity Futures Trading Commission data showing on Friday that investors had cut bullish bets on U.S. crude for a second straight week. Investors in Europe disagree on the outlook, however, as data from the InterContinental Exchange showed speculators raised bullish Brent crude bets last week. The world remains awash with oil despite a deal struck by some of the world's biggest producers to rein in output. Rising US production has been a major factor keeping supply and demand from balancing. There are indications that US output may soon slow, as energy companies cut rigs drilling for new oil for a second week in three, energy services firm Baker Hughes said on Friday. Drillers cut five rigs in the week to August 18, decreasing the count to 763. US commercial crude inventories have fallen almost 13 per cent from their March peaks to 466.5 million barrels. The oil minister of Kuwait, which is participating in OPEC-led production cuts, said U.S. crude stocks were falling more than expected because output cuts were taking effect. Azerbaijan, not an OPEC member but one of the countries which has committed to the production curbing deal, remains committed to cutting output, the head of state oil company SOCAR told Reuters yesterday. A shutdown of Libya's Sharara field due to a pipeline blockage provided some upside. Libya's National Oil Corp declared force majeure on loadings of Sharara crude from the Zawiya oil terminal on Sunday.

Two-Minute Brieﬁng NEWS PDP’s Understanding of

Restructuring Nigeria Shallow, Says APC APC has described the PDP definition and understanding of the restructuring of Nigeria as shallow and far from what Nigerians are asking for. Page 12

EDITORIAL Kogi’s Frivolous Buhari

holiday Yesterday, the first working day of this week, was observed as a public holiday by workers in Kogi State. Page 15

POLITICS Now That the President is Back k

Shola Oyeyipo identifies urgent issues begging for President Muhammadu Buhari’s attention now that he’s back from the United d Kingdom Page 18

FEATURES Delta Capital Territory and Its

Intractable Problems It is clear that the enormity of the development challenges of the Delta State Capital Development Territory cannot be wished away, not even by the relevant authorities who have made spirited efforts to explain away the problems… Page 20

BUSINESS Kachikwu, NNPC Disagree on

Cost of Crude Oil Production The Minister of State for Petroleum m Resources, Dr. Ibe Kachikwu has nal disagreed with the Nigerian National Petroleum Corporation (NNPC) onn the actual cost of producing a barrel el of crude oil in Nigeria. Page 21

NEWSXTRA Wike: If PDP Can Win Rivers

with Stiﬀ Opposition, Anambra is Small Case NyesomWike has said PDP can win Anambra State governorship election if all members of the party in the state cooperate with its leadership. Page 44

INTERNATIONAL Barcelona Attack: Man Shot Dead in Hunt for Suspect Police hunting the chief suspect in lastThursday’s Barcelona van attack have shot dead a man to the west of the city who appeared to be wearing an explosive belt, Spanish media say. Page 35

SPORTS Rohr Recalls Ighalo, Nwakaeme, Alampasu Tipped for Battle of Uyo Ahead of the double header World Cup 2018 qualifier against Cameroon, Gernot Rohr is believed to have recalled formerWatford forward, Odion Ighalo back… Page 53

T H I S D AY TUESDAY AUGUST 22, 2017

TUESDAY, AUGUST 22, 2017Ëž T H I S D AY

NEWS

Ă?ĂĄĂ? ĂŽĂ“ĂžĂ™Ăœ Davidson Iriekpen Ă—Ă‹Ă“Ă– davidson.iriekpen@thisdaylive.com, 08111813081

PDPâ€™s Understanding of Restructuring Nigeria Shallow, Says APC Begins work on 2014 National Conference report, others Onyebuchi Ezigbo Ă‹Ă˜ĂŽ Ndukwu Cynthia Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ The All Progressives Congress (APC) has described the Peoples Democratic Partyâ€™s (PDP) definition and understanding of the restructuring of Nigeria as shallow and far from what Nigerians are asking for. The two main parties had since last week been engaged in a debate on an issue that has recently become the centre of national political discourse in Nigeria. The APC said it had decided to exhume the national conference reports of 2005 and 2014 which the PDP inaugurated but failed to implement it. The ruling party, while reacting to PDPâ€™s scathing criticism, urged the oppositionÂ to stop misleading Nigerians on the issue of restructuring since it failed to address it during its 16 years in office. APC said as the ruling party between 1999 and 2015, PDP organised two national conferences, in 2005 and in 2014 but failed to implement its reports. In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said it was currently working with reports of previous national conference.Â â€œBut the appropriate behaviour would be for them to respect the efforts we are currently making to deliver

on our partyâ€™s manifesto on restructuring.Â â€œIt must interest the PDP that we have dusted up the reports of their national conferences from the shelves they had left them to gather dust and those reports are now forming part of the work we are doing with our committee, which they have tried hard to denigrate. Â â€œFor the avoidance of doubt, the APC believes in the restructuring of the country. It is at the very heart of our partyâ€™s manifesto as explicitly stated in Section 3 (1) thus: â€œWe will devolve more revenue and powers, such as policing to states andÂ local government so that decision making is closer to the people. We pledge to bring the government closer to the people through fiscal and political decentralisation, including local policing,â€™â€™ the ruling party said. APC said PDPâ€™s position would have been a welcomed development, given that it provides opportunity for bipartisan cooperation on the very important national issue, but for the false claim it made. Â APCÂ said it was concerned about PDPâ€™s rather shallow interpretation of restructuring as against what is desired by Nigerians. Â The party said a cursory review of the referenced parts of itsÂ constitution suggests thatÂ either the PDP is â€œdeliberately out to mislead

Crude Oil Prices Drop By Nearly 2% Ejiofor Alike ĂĄĂ“ĂžĂ’ Ă‹Ă‘Ă?Ă˜Ă?ĂŁ ĂœĂ?ĂšĂ™ĂœĂžĂ? Oil prices fell yesterday by nearly two per cent, pulling back from last weekâ€™s rally built on signs the global market is starting to rebalance from chronic oversupply. Global benchmark, Brent crude futures lost two per cent, or $1.07, at $51.65 per barrel after surging more than three per cent on Friday. US West Texas Intermediate crude futures fell 1.9 per cent, or 90 cents, to $47.63 per barrel. The contract had also risen 3 percent in the previous session. Reuters reported US hedge funds and money managers have already started reducing bets on rising prices, with Commodity Futures Trading Commission data showing on Friday that investors had cut bullish bets on U.S. crude for a second straight week. Investors in Europe disagree on the outlook, however, as data from the InterContinental Exchange showed speculators raised bullish Brent crude bets last week. The world remains awash with oil despite a deal struck by some of the worldâ€™s biggest producers to rein in output. Rising US production has

been a major factor keeping supply and demand from balancing. There are indications that US output may soon slow, as energy companies cut rigs drilling for new oil for a second week in three, energy services firm Baker Hughes said on Friday. Drillers cut five rigs in the week to August 18, decreasing the count to 763. US commercial crude inventories have fallen almost 13 per cent from their March peaks to 466.5 million barrels. The oil minister of Kuwait, which is participating in OPECled production cuts, said U.S. crude stocks were falling more than expected because output cuts were taking effect. Azerbaijan, not an OPEC member but one of the countries which has committed to the production curbing deal, remains committed to cutting output, the head of state oil company SOCAR told Reuters yesterday. A shutdown of Libyaâ€™s Sharara field due to a pipeline blockage provided some upside. Libyaâ€™s National Oil Corp declared force majeure on loadings of Sharara crude from the Zawiya oil terminal on Sunday.

or it just does not have an appropriate understanding of the restructuring that Nigerians clamour for. Â â€œFor instance, preamble 2(b) of the PDP constitution quoted by Adeyeye states:Â â€˜To work together under the umbrella of the party for the speedy restoration of democracy, the achievement of national reconciliation, economic and social reconstruction and respect for human rights and the rule of law.â€™ Â â€œIf statements such as the

above are what he PDP intends to pass off as restructuring, this should further confirm that the party is still not in tune with the aspirations and dreams of the Nigerian people.Â â€œIt is indeed amusing that after being in power for 16 years, PDP is just waking up to realise that its constitution prescribed restructuring. If this is not political opportunism, we wonder what it is. We understand that PDP needs desperately to return to reckoning; and realising that

restructuring is the new political currency in Nigeria, it is now latching on and even claiming to be an apostle! Â â€œAs the ruling party between 1999 and 2015, PDP organised two national conferences, in 2005 and 2014. They had nine years between the first conference and the second one and one full year between the time the report of the 2014 conference was submitted and the time it lost power in 2015. â€œPerhaps, if PDP show which aspects of the two

reports it had implemented in the time it had, then perhaps Nigerians might begin to take them seriously on the issue of restructuring.â€? Meanwhile, APC has said it did not zone its governorship ticket of Anambra StateÂ The partyâ€™s National Working Committee (NWC) said yesterday in reaction to a report that it may have zoned the governorship ticket in Anambra State to a particular part of the state, describing it as false.

WELCOME, YOUR EXCELLENCY

R-L: Acting President Yemi Osinbajo (SAN); Kano State Governor, Abdullahi Ganduje; Chairman, Nigerian Bar Association (NBA) 2017 Conference Planning Committee, Prof. Koinyin Ajayi (SAN) and other members on his arrival during the conference in Lagos.....yesterday

UBEC: Southern States Refuse to Access over N71bn Matching Grant Ondo, Enugu tops with over N4bn school rehabilitation Senator Iroegbu Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ The Executive Secretary of Universal Basic Education Commission (UBEC), Mr. Hamid Bobboyi, has blamed most southern statesÂ as the most culpable in theÂ over N71 billion unaccessed matching grant from 2005-2017. Â To this end, the governors of the affected states have been urged to provide the needed matching funds to ensure proper sourcing of UBE programmes in their respective state. Â Bobboyi disclosed this in a data he provided during a media chat with journalists at the UBEC headquarters in Abuja. Â He noted that most states in the South particularly South-east and South-west have failed to access their matching funds with Ondo N4, 634 billion; Enugu N4, 209 billion; Oyo, Ogun and Ebonyi N3, 604 billion each; Abia N2, 678 billion and Bayelsa N2,651 billion in that order.

Â The rest of the southern states owed above N1 billion with Rivers, Akwa Ibom, Cross River and Lagos performing a little better. Bobboyi said: â€œNo southern state has accessed the fund since 2015,â€? while Enugu, Ondo, Ogun, Oyo and Ebonyi States have not made significant contributions since 2013. Â When asked why the southern states are performing poorly in this regard, the executive secretary gave some number of reasons including the low patronage of public schools as well as prevalence of private and missionary institutions in the affected regions. However, the UBEC Board called on the governors in the states to ensure that the matching funds are accessed for the overall improvement of education as the resources would be channeled to Information and Communications Technology (ICT) and other related materials.

FG earmarks N3bn for North-east Â He also frowned at the demand on the federal government for reduction of counterpart funding, saying if it is reduced, the states will suffer it more. Â â€œIf you take the entire amount that is budgeted for UBEC and want to do one thing, may be infrastructure, it may take you more than five years or so to constitute 10 per cent of the needs of the states,â€? he said. Â Bobboyi stressed that â€œthe matching grant is a system developed to have a comfortable resource for education at the state level. â€œThe argument is that states will suffer significantly if these funds are not accessed.â€? Â He noted that most northern states have been able to match and access their UBEC grants led by North-west, North-east and North-central in that order. Â In 12 years, starting from 2005 till 2017, about N372 billion has been released as matching grants to states and N301 billion has

been disbursed so far with about N72 billion unaccessed. Â Explaining, the Executive Secretary said it would not be possible to access the 2017 grant until the first quarter of 2018, and as a result, most states have withheld their counterpart/ matching funds. In the North-east, Bobboyi noted that the regionâ€™s education has suffered tremendously from the Boko Haram-led insurgency with destruction of schools and disruption of learning. Against this backdrop, UBEC has earmarked the sum of N3 billion for the rehabilitation of education sector in the region. Â He also said that the fund will be used to target certain key infrastructural development for education, support women who left school during insurgency with further education or skills, rehabilitation of class rooms, retraining of teachers and provision of teaching and learning materials as well as ICTs.

T H I S D AY TUESDAY AUGUST 22, 2017

T H I S D AY ˾ ˜ ͰͰ˜ Ͱͮͯ͵

COMMENT

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

SENATE AND ACCESS TO FINANCE LAWS The access to finance’ laws is aimed at teaching Nigerians how to fish, writes Olu Onemola

e all know that famous saying about giving a man a fish, or teaching the man ‘how’ to fish. That age-long adage draws an eternal distinction between the instant gratification of giving alms and the long-term satisfaction of teaching the intended recipient how to make some alms of their own. Now, with over 180 million people in Nigeria, it is critical for government across all levels to revisit the state of our present-day economy which has a working-age population of 108.59 million, but an ‘official’ unemployment rate of 14.2 per cent and an under-employment rate of 21.0 per cent. These numbers tell a difficult story that needs to be urgently addressed. This is why, since its inauguration, the Eighth Senate has been working assiduously to pass reforms to Nigeria’s ‘access to finance’ laws. This is all aimed at providing Nigerians with more ‘fishing’ opportunities.’ Under the leadership of the Senate President, Dr. Abubakar Bukola Saraki — who stated last week that “people under 35 years old are the worst affected by the high rate of unemployment and under-employment in our nation” — the Senate is working to create new forms of capital through the passage of bills like the Secured Transactions in Movable Assets Bill. Everyone knows that no bank will ever lend out money without securing some form of collateral. Everyone also knows that the most accepted form of collateral is landed property. However, millions of MSMEs across the nation do not have fixed infrastructure assets. In this regard, the Secured Transactions Bill that was initiated in the Senate, passed by both Houses of parliament, and signed into law by Acting President Yemi Osinbajo, closes the gap in securing credit and loans for MSMEs by making it possible for them to use their movable assets like cars, computers, and other machinery as their form of collateral to access loans. This new law will strengthen the financial inclusion of MSME’s as well as stimulate the responsible lending to these enterprises by the creation of a collateral registry. This registry will allow MSMEs and other Nigerians that are seeking loans to register their movable assets with the bank — after which the bank will have “exclusive charge” over the registered asset. This will ensure that the individual or entity will be able to secure their loan, and the bank will also be protected against any risk in the event that there is a failure or non-performance by the individual or business. In addition to the Secured Transactions Bill, the eighth Senate has also passed the Warehouse Receipts Bill. This bill will allow Nigerians to use their inventory or receipts and other forms of invoices as a form of collateral to secure loans. This bill will also create a new transactional currency that Nigerians will be able to use to approach banking institutions to secure loans in the event of financial liquidity problems.

THE SECURED TRANSACTIONS BILL CLOSES THE GAP IN SECURING CREDIT AND LOANS FOR MSMES BY MAKING IT POSSIBLE FOR THEM TO USE THEIR MOVABLE ASSETS LIKE CARS, COMPUTERS, AND OTHER MACHINERY AS THEIR FORM OF COLLATERAL TO ACCESS LOANS

Additionally, in May this year, keying into the economic diversification agenda of the APC-led central government, the eighth Senate approved the conference committee report on the bill for an act to Amend the Agricultural Credit Guarantee Scheme Fund Act, 2016”. This bill, which is aimed at expanding the reach of the Agricultural Credit Guarantee Scheme Fund to cover farmers interests and increasing the amount paid into the fund, will also “raise the commitment of the federal government and Central Bank of Nigeria (CBN) towards the scheme and increase the maximum amount needed to attract a waiver of security requirement for credit granted.” Senator Abdullahi Adamu, who served as the Chairman of the Joint Committee of the Senate and House that considered the final report of the Agricultural Credit Guarantee Scheme Fund Act, emphasised that the bill would not only provide food and promote agriculture in Nigeria, it would also help with the provision of credit facilities to prospective entrants into the sector at single digit rates. Finally, it is crucial to note that with the passage of some of these access to credit bills, the eighth Senate has not been resting on its previous successes. Over the past few months, the senate president and the Senate Committee on Banking, Insurance and Financial Institutions, chaired by Senator Rafiu Ibrahim, have met with the CBN and heads of commercial banks in the country to address the high interest rates on commercial loans. Now that a majority of its access to finance laws have either been signed into law or are awaiting assent by the President, the Senate has initiated these discussions with commercial banks because it believes that many banking policies that are currently in place are not favourable to Nigeria’s MSMEs — despite the role that these enterprises play in the development of the national economy. In the past, the senate president has accentuated the fact that although the Senate understands the economic complexities that set the interest rates in the past, “Nigeria must deliberately frame its monetary policy regime towards support of business.” Doing this will allow the country to meet the demands of the MSMEs that employ 88 per cent of the country’s workforce. Moving forward, it is time for the executive branch to also wade into this access to credit issue by backing the legislation of the National Assembly up with policy interventions that will reduce interest rates across the board. Doing this will guarantee that individuals and entities will be able to access more loans at affordable rates, which would automatically translate into more jobs for our youth and a more resilient economy that is not reliant on government spending alone. This is why creating opportunities for anybody — regardless of who they are — to be able to ‘fish’ should always be the first step. Onemola is a Senior Legislative Aide to the Senate President

ASUU STRIKE AND‘CHANGE BEGINS WITH ME’ Oludayo Tade argues that government must learn to keep to agreements freely entered

he Academic Staff Union of Universities (ASUU) had at an emergency National Executive Council (NEC) meeting of August 12, 2017, discussed among others the abysmal level of implementation of the 2009 ASUU/FGN agreement, 2013 Memorandum of Understanding and the shortfall in salaries leading to fractional payment of staff salaries. After exhaustive deliberations, the NEC of ASUU declared a total comprehensive and indefinite strike action beginning from Sunday, August 13, 2017. This means that while the strike lasts, there shall be no teaching, no examination, no supervision, no attendance of statutory meetings of any kind and other matters. This withdrawal of service will bring suffering to the lives of the lecturers and their families (promotion delays, truncated examinations), the students (elongated stay and frustration) and their parents (more spending, more troubles and delayed rest), those whose livelihoods directly depends on a functional university (printers, typists, photocopiers, barbers, campus cab drivers) and the entire nation (national and international embarrassment, loss of man hour, and other costs, etc). If these consequences are known, why do we keep allowing strikes to happen? Why will a government breach trust most of the time? Why do we have to ‘struggle’ and sweat to get legitimate things in Nigeria? Aside from the one-week warning strike in 2016 to make government do the needful, the major strike which lasted about six months started on July 1, 2013 and did not get suspended until December of that same year. I should not talk about the lives of students lost to accident and that of ASUU former President, Festus Iyayi who died in a fatal accident while going to attend ASUU meeting where a decision to end the strike was to be taken. The strike was to force government to fully implement the 2009 FGN/ASUU agreement. This agreement has provision for the payment of Earned Academic Allowances (EAA) for postgraduate supervision with Lecturer I (N15,000),

Senior Lecture (N20,000) and Professor (N25,000) per student respectively. Unfortunately since these years, students are being supervised on humanitarian grounds without pay. Till date, majority of lecturers are owed up to seven years by the federal government to the tune of about N128 billion. While the agreement made provisions for the payment of N80, 000 for examining a Master thesis and N105,000 for PhD (External) and for Internal examiners (Master thesis/N45,000 and N65,000) respectively. But here in Southwest top universities, for instance pay N10,000 and N45,000 and yet owes for upward of five academic sessions. In the same Africa, a professor at University of Ibadan assessed a PhD thesis from South Africa and was paid close to $1,000! Another major grouse is the underfunding of the tertiary education as evident in downward review of education budget. President Buhari has not done well in this regard. In a Vanguard newspapers report of May 28, 2015 entitled ‘What Buhari Promised Nigerians’, the paper quoted him as promising to “Fully review provisions of the Universal Basic Education Act with emphasis on gender equity in primary, secondary school enrolment whilst improving the quality and substance of our schools, through outcome based education, that address the individual, family, and societal roles in education; and the associative skills and competencies that go with these responsibilities; targeting up to 20% of our annual budget for this critical sector whilst making substantial investments in training quality teachers at all levels of the educational system”. This however has not been the case. In 2011, education got N306.3bn, it moved to N400.15bn in 2012, to N426.53bn in 2013, to N493bn in 2014, to 492bn in 2015, and nosedived to N369bn in 2016. ASUU had thought the National Assembly would input their demands in the 2017 budget but they got a shock as only six per cent was allocated to education. It was therefore obvious that they were deceived into thinking their interests will be incorporated into the budget. While the agreement

reached provided for federal government to inject N1.1trillion in six years to be paid in phases starting with N220 billion in 2013, government is yet to make any other injection to make university education worth pursuing. The registration of the National University Pension Management Company (NUPENCO) is another reason for the strike. The union claims that rather than the usual N150 million it was asked to pay N1billion for a licence but two years down the line, the federal government has failed to release the licence while holding on to the money. They believe it was a strategy to make retirement life difficult for their members. To them, the money would have yielded interest wherever it has been fixed by the federal government. While successive governments continue to say there is no money, recovered looted funds run into trillion of naira while exotic cars go to the National Assembly. It is hypocrisy for public office holders not to honour agreements freely entered into by unions (and this include other unions) particularly those claiming to be better than the PDP government. But why should they care about the plight of children of the masses mostly attending public institutions? The leadership of the country from the presidency to the National Assembly have proudly published pictures of their graduating children who studied abroad on the social media. These children are to benefit soon with the enactment of the ‘not-too-young-to-run’. Yet they cannot provide same for their countrymen. Why will the federal government take ASUU to court on the issue of University Staff school and lost the case in favour of ASUU and found it difficult to obey court ruling on same issue? Having those with university education steering the leadership of the country has not been beneficial to public education. Remember Dr. Goodluck Jonathan? The current administration has a Professor as Vice-President; a man who has benefitted from all that ASUU has consistently fought for. But what will he do? Look the other

way and be pleading for understanding as usual. What about those Governors who rather than funding their existing universities would rather embark on establishing new ones? Why should a lecturer be supervising students on credit as being presently done? How else can the federal government encourage corruption other than denying people their entitlements? What more can we say about a government who prefers to recover looted funds while creating loopholes to further corruption? ASUU fights for the future and not for today but those in government are interested in what they will see today while securing only the future of their family. Those the leadership failed to cater for in the past are the ones kidnapping and terrorising the country. In the days ahead, we should therefore expect increasing social deviance and crime and other cadres of social problems should the president not re-write history by commencing the implementation of outstanding issues with ASUU. If those at the National Assembly are graduates, they should show further commitments to education. Whether ‘too young to run’ or ‘not too young to run’, the political class must carry along the masses if they hope to have peace in the future. As ASUU says, a time will come when the children of the poor will have nothing left to eat but the rich. It is shameful not to honour agreement. As stated by ASUU president, Professor Biodun Ogunyemi in his press conference of July 18, 2016 “total implementation of the 2009 ASUU/FGN agreement especially the funding for revitalisation and other service-related conditions, registration of NUPEMCO will not only increase access but also ensure industrial harmony and sustainable scheduling in the system”. Now that the federal government through Minister of Education, Adamu Adamu has taken responsibility for the ongoing strike, let the change begin with the Muhammadu Buhari government for a positive turn-around in public education. Dr Tade, a criminologist, sent this piece from Ibadan via dotad2003@yahoo.com

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EDITORIAL KOGIâ€™S FRIVOLOUS BUHARI HOLIDAY It will do the nation a lot of good by working within the Public Holidays Act

esterday, the ďŹ rst working day of this week, was observed as a public holiday by workers in Kogi State. It was declared by Governor Yahaya Bello â€œfor citizens to thank God for safely returning President Muhammadu Buhari to the country in sound health and sound mindâ€?. It was, to put it mildly, an irresponsible decision. And given the urgency of the moment, we must warn against the looming deluge of frivolous pro-Buhari holidays, prayer sessions, solidarity visits, rallies and other shenanigans at all levels. We join in thanking God for the safe return of President Buhari after more than 100 days away to seek medical solution in the United Kingdom. Now that he is back, he needs to get serious with leadership and governance. As he pointed out in his national broadcast yesterday, the nation is being threatened on several fronts: Boko Haram insurgents who now kill innocent citizens almost at THE PRESIDENCY IS A will; the growing division between SERIOUS EXECUTIVE and among ethnic DUTY POST, NOT A groups and the rise VILLAGE KINGSHIP TO WHICH CITIZENS WOULD of hate speech; the reign of kidnappers BE PAYING OBEISANCE and other sundry criminal cartels across the country; the growing poverty in the land, among other aching issues. These are challenges for which the president will need all the attention he can muster without any distractions from political time servers. The nation has been most gracious and very African in its elastic empathy with President Buhari. With his return to the country, those who wish him well must also return to work. And Kogi State is a good example of where there is an urgent need for quality governance. Besides, the presidency is a serious executive duty post, not a village kingship to which citizens would be paying obeisance. However, we must also deal with the issue

Letters to the Editor

of public holiday which has been abused at all levels without regard for the negative consequences on the economy. Yesterday, workers in Osun State were also at home, at the instance of Governor Rauf Aregbesola, to commemorate â€˜Isese Dayâ€™, the annual festival of adherents of traditional religion in the state. Last year, the Governor of Abia State, Dr. Okezie Ikpeazu, declared a week of public holidays for the obvious reason of regime protection. Yet when holidays are declared by whims, they disrupt long standing business and even social plans, which may take a longer time to straighten out.

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

THE LION KING AND THE KINGDOM

he Lion King is back but the Hyenas and the Jackals have refused to run because the Lion King is no more having in him those things that make the Hyenas and the Jackals to be afraid of him. Some of the things are discipline, truth, intellect, diligent and many more. However, the above mentioned and more were the things that give strength and ground to the Lion King to chase, catch and devour the Hyenas and the Jackals. Therefore, now that he is lacking them, how can he be functional and scared the Hyenas and the Jackals? But letâ€™s put aside politics, religion and tribal sentiment and look at the obvious reality on ground. I campaigned for the Lion King in my little way when he was competing with others for the seat he is occupying now. I also encouraged others to campaign for him. James Ikyobo, Akula Emmanuel, Godspower David, Pangmi Yakubu, Richard Hirakaan and many more witnessed what I did to ensure the success of the Lion King and they can testify. Therefore, I must confess that I am not happy with the Lion King even though I have given my vote to him. I have said so because during his campaign rallies, he promised us many things but heâ€™s not keeping to his promises now that we have made him the King to rule over us. The Lion King promised to bring down the price of petrol and kerosene, has he done that? He promised to transform the

nder the Public Holidays Act, the Minister of Interior has the powers to declare public holidays at the federal level while the governors are also empowered to make such declaration in their states. Yet, at a period when every Nigerian is required to put in more productive man-hours to revive the economy, that public holidays are declared for the ďŹ‚imsiest of reasons, shows that we are not a serious people. We believe time has come for the federal government to lead the way in ensuring that the letter and spirit of the Public Holidays Act, 1979 is upheld by making work-free days as deďŹ nite as they are in other climes. We say this because there is a consistent pattern of abuse of the discretion granted the Minister of Interior to determine and declare special holidays. For instance, the law says if any holiday falls on a Saturday or Sunday, then only that Saturday or Sunday shall be a public holiday. But it has become a tradition that whenever public holidays fall on weekends, Monday and Tuesday most often automatically become work-free days in Nigeria. To the extent that we cannot continue to encourage indolence and expect to grow as a nation, we urge the federal government as well as the governments in the 36 states of the federation to put an end to frivolous holidays that impinge seriously on national productivity.

education sector, has he done that? He also promised to end our suffering if voted in; are we not suffering? He promised to eliminate terrorists in our kingdom and he gave deadline for achieving that. The deadline has expired: are there no terrorists in our kingdom? Are they (terrorists) not presently killing people? Are they not destroying our houses, farms and raping our sisters, daughters, aunties, mothers and wives? He promised to make education free or affordable for us. Is there free education or affordable education in our kingdom? He promised to end corruption in our kingdom. Is there no corruption in our kingdom? Some people working under the Lion King who are also from the same political party with him have embezzled the bailout funds and other funds meant for the payment of the outstanding salaries and allowances of the workers in their various areas of control within our kingdom and they are still owing the workers. Is that not corruption? Is the Lion King fighting them? Can he end corruption by not fighting his people that are corrupt? Can he end corruption by fighting only those that are not on the same side with him? Note that the Lion King is left with only one year and some months to end his kingship but he is yet to fulfil any of the promises he made to us when he was pleading for our support. Can he be able to fulfil those promises within the time left? Awunah, Pius Terwase, Mpape,Abuja

THE SLEDGEHAMMER AGAINST GOODLUCK JONATHAN

efore the general elections of 2015, it was tough being Goodluck Jonathan, really. You would not be a happy president if the most influential newspaper of Northern Nigeria would publish a map of Borno State indicating that Boko Haram held more territories, in terms of local government areas and land size, than the federal government. Such was the harsh and constant reminder that it was not worth any more bloodletting for President Jonathan to force his way into a second-term reckoning. It was generally sensed that all hell would let loose and that Boko Haram would be miffed the more if Jonathan won a second term. Today, from the newsfeeds coming out of Borno State, it is certain that Boko Haram has expanded their territorial gains under this All Progressives

Congress government because other than Maiduguri town, no other place is safe from Boko Haram attacks in Borno State. Yet that most influential newspaper of Northern Nigeria has not published any map of Borno State to indicate the number of local government areas under the control of Boko Haram (that would roughly be something like n-1, where â€œnâ€? is the total number of local governments in Borno State and â€œ1â€? would just be the Maiduguri Municipal Local Government Council). Thus, the sledgehammer that was wielded against Goodluck Jonathan by the Northern Press has been conveniently stowed away to make APC looks good; this sort of approved deception does not make a society grow one bit. Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna

T H I S D AY ˾ TUESDAY, AUGUST 22, 2017

POLITICS

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

EXECUTIVE BRIEFING

Now That the President is Back Shola Oyeyipo identifies urgent issues begging for President Muhammadu Buhari’s attention now that he’s back from the United Kingdom

fter spending 103 days in London on vacation to attend to an illness unknown to most Nigerians, President Muhammadu Buhari returned to Nigeria on Saturday, August 19, 2017 looking rather healthier than he was before leaving the country on May 7. The president’s fans, members of his All Progressives Congress and indeed all Nigerians are relieved to have him back. While he was away, rumours flew around to the effect that the president was dead. The secrecy that surrounded the president’s health condition further heithenend tension within the country particularly as all that the people could see were pictures of some privileged persons who travelled to London to see him. That gave the likes of the Ekiti State Governor, Mr. Ayodele Fayose ample opportunity to make unsubstantiated claims about Buhari’s state of health. At a point, Fayose, who had said the president was not healthy enough to rule Nigeria, said he was on life support. On another occasion, when Osinbajo visited the president in London, Fayose described the visit as a deceit. He and those who shared the same sentiment insisted that the president should address the nation. In a country where many believe what they hear, especially when it comes from an executive governor of a state, many became confused. Until last Saturday, nobody could say for sure how and when the president was due back. While the president’s return has finally put to rest the insinuation in some quarters that he was dead, mischief makers are already speculating on whether or not he is strong enough to manage the affairs of the country. But if the position expressed by the Senate President and the Speaker of the House of Representatives; Senator Bukola Saraki and Hon. Yakubu Dogara, is anything to go by, Buhari should be deemed fit enough to shoulder the responsibility of running a country that has been polarised while he was away. Now that he is back, many people have already set agenda for the president. The economy remains in recession. Many hope the president has come with the magic wand to turn the economy around. Unemployment remains very high while the foreign exchange crisis has yet to disappear. No doubt, on the economic front, the president faces a daunting task. With the next presidential election less than two years away, time is not on his side to turn things around. Yes, the economy, security and anti-corruption fight, which were the tripod on which the administration won the support of Nigerians are important, but as he returns to the country there are already major issues that the president must urgently and decisively address to reduce tension in the land. His ability to man Nigeria will be best measured in how he is able to intervene in the growing restructuring debate that is gathering more storm by the day, particularly with prominent Nigerians including former military head of state, General Ibrahim Babangida, former vice president, Atiku Abubakar and other prominent politicians of Northern extraction supporting the clamour for restructuring. The clamour for secession in the South-east being spare headed by the Indigenous People of Biafra (IPOB) which is equally gaining more ground and sparking violent clashes with security forces, is by every standard an issue that must be given urgent attention by the president. The unresolved issue of the quit notice given Nigerians of South-east extraction to leave the north by October 1, by some northern youths must also be on the front burner. It is a delicate matter that needs to be handled in a manner that the country is not plunged into avoidable crisis. The concern has been that the youths who issued the quit notice to the Igbos did so with the backing of their leaders and that this

Buhari on arrival from London

xplains why no decisive action has been taken against them. So, Buhari, being a northerner himself, will be expected to wade into matter and come up with a resolution. Finding a political solution to the quit notice from the north becomes very important because a group of Niger Delta youths too has asked Nigerians of northern and the south-west presently doing business in the Niger Delta to leave the region by October 1, 2017 or expect to be attacked. How the president handle the dispute over the appointment of the acting chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu will also be of great interest to Nigeria. While he was away, the situation degenerated and resulted in a standoff between the Senate and the Presidency. The matter is not yet resolved. Magu is still at the helms of affairs at EFCC and the lawmakers are not happy about that. The president left for the UK before the panel headed by the vice president could submit to him the reports of investigation into the cash found in an apartment at Ikoyi in Lagos which the National Intelligence Agency claimed belonged to it and for which its Director General, Ambassador Ayodele Oke was suspended. The same panel also investigated the Secretary to the Government of the Federation, Babachir

Then there is one big question which the president will be expected to answer: is he considering a reelection bid in 2019?

Lawal. How the president handles these two reports will be crucial Though the Buhari administration has done so much to curtail the activities of Boko Haram, the terrorists fought back and recorded some success while the president was away, They abducted a group of policewomen, killed many soldiers guarding an oil exploration team in Borno, kidnapped some of the researchers from the University of Maiduguri and went on a killing spree through suicide bombings. Just as the president has always said that he would not consider Boko Haram defeated until the abducted Chibok Secondary School girls are returned and reunited with their parents, he would be expected to double his efforts to ensure that more of the girls are returned safely. A few days to his return, the Academic Staff Union of University went on strike. This is another challenge the president must resolve. The Civil Society Legislative Advocacy Centre (CISLAC) in a statement by its Executive Director, Auwal Ibrahim Musa, aptly captured the issues the president should be dealing with thus: “While we join the rest of the country to share from the spirit of the on-going jubilation to commemorate the president’s safe return, we are intrinsically inspired to remain focus and articulate contentious socio-economic and political issues awaiting the president’s prompt attention and decisive actions for secured, productive, peaceful and progressive nation. “We express unreserved worry over the recurring but unhealthy and divisive agitations for separation by different groups from respective geo-political zones in the country with growing threats, precarious verbal attacks and hate speeches which if not holistically addressed may pose grievous challenges to the peaceful-coexistence, unity and diversity of our beloved nation. “We are also worried by the growing social vices such as kidnapping, violent attacks and re-emerged insurgency in the country. We demand proactive strategies and appreciable actions by the president to secure lives and property of Nigerians. “We are concerned by the recent but dubious trend and development in the nation’s anticorruption fight with the emerging threats and

physical attacks on the anti-graft facilities and operatives by sponsored bandits, primarily to subdue or suppress existing achievements and progress in the anti-corruption fight. We demand enabling environment for various anti-corruption mechanisms, strengthened and secured anti-graft institutions and their operatives for sustainable and progressive anti-corruption fight in the country. “While we are not unaware of the habitual menaces and dreadful impacts of the growing youth unemployment to the execution of the nation’s social, economic and political development planning, we call on the president for more practical and immediate efforts to address youth unemployment to complement the administration’s existing efforts to ensure progressive, productive and secured nation. “We are disturbed by the on-going unpleasant and hard-hearted development rocking our already underdeveloped and poorly funded tertiary institutions with resultant resurfaced industrial action by the Academic Staff Union of University (ASUU), and the potential consequence to the productive and qualitative lives of the Nigerian students and sustainable development of the country. We encourage the President on prompt political intervention to respect and honour Federal Government-ASUU agreements for well-funded, productive and uninterrupted educational activities in the country. “As constructive legislative-judicial relationship remains paramount to appropriate interpretation and implementation of pro-poor legislation, we call on the President to ensure more concerted effort with proactive measures towards strengthening legislative-judicial relationship for fair and judicious interpretation of laws without favour or intimidation. “The continued reluctance exhibited by the executive and legislative arms towards confirmation of some key appointments and re-appointments in the country remains our major concern that if not promptly addressed will frustrate the good efforts and resources hitherto committed to the fulfilment of the administration’s promises and mandates. With several appointments and reappointments germane to the fulfilment of the promises made during electioneering campaigns and critical to the attainment of change mantra are awaiting announcement and confirmation, we call on the president to build healthy executive-legislative relation and fast-track confirmation of key appointive and re-appointive positions to ensure accelerated delivery of the administration’s agenda. “We as well call on the President to uphold full-fledged implementation of the 2017 budget; timely preparation and presentation of 2018 Appropriation Bill to the legislature and ensure such reflects the citizens’ expectations and aspiration to resuscitate the poorly funded social sector of the economy, giving cognizance to the dwindling donors’ resources in the country.” Then there is one big question that the president will be expected to answer: is he considering a re-election bid in 2019? Then also, having been through life threatening health challenge himself, Buhari will be expected to take steps to urgently improve the health facilities in the country because where an ordinary Nigerian suffers a similar health challenge, he will have no access to state’s funds to fly him abroad. The plan to change the cabinet has been in the offing for a while. This should come any time from now, particularly considering the need to strengthen the president’s economic team. Also, there is the need to resuscitate his dying political party, the APC with many conscious fault lines. The party needs to have its congress and convention so that some of the problems afflicting it both at the national and state levels can be resolved. There is no doubt that most Nigerians are eager to see how the president handles all these issues

T H I S D AY ˾ TUESDAY, AUGUST 22, 2017

POLITICS

Between Otti and Ikpeazu, the Truth Lies Somewhere Davidson Iriekpen ruminates over last week’s brickbats between the governorship candidate of the All Progressives Grand Alliance in Abia State, Alex Otti, and Governor Okezie Ikpeazu

here is no doubt that in some states of the federation, there is leadership deficit. In the last six months, the federal government has released N760.18 billion Paris Club debt refund to 36 states and the Federal Capital Territory (FCT). The quarterly review of the Nigeria Extractive Industries Transparency Initiative (NEITI) stated that the money, paid in two tranches, represented refunds of over-deductions from allocations to states and local governments used for payment of debt relief granted to Nigeria by the Paris Club between 1995 and 2002. Despite the directive by the federal government that the Paris Club refunds be used by states to clear arrears of salaries and pensions, many states today are owing their workers salaries. They keep giving excuses why they have not been able to pay the backlog of salary arrears they are owing, civil servants. It is against this background that the All Progressives Grand Alliance’s (APGA) governorship candidate in Abia State in the 2015 general election, Mr. Alex Otti, called on the federal government to pay attention to how the state used the two bail out funds and other loans obtained by the state government. Otti who said he was pained that civil servants in the state were owed an upward of eight months salary arrears, equally urged the anti-graft agencies to probe past and present governments in the state to unravel the “disappearance of billions of naira accrued to the state.” Speaking at a press conference in Lagos, he criticised Governor Okezie Ikpeazu’s administration for making the state workers miserable by owing them eight months salary arrears despite several billions that have accrued to the state. Specifically mentioning the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Otti said the anti-graft bodies should beam thier searchlight on Abia and commence urgent investigation so as to unravel the mystery of how the state has remained in ruins despite all the allocations, Internally Generated Revenues (IGR), bailouts and loans it collected. He expressed concern about the $200milion African Development Bank loan approved by the National Assembly for the state, saying that the loan would plunge the state into a long-term financial and economic chaos. This, according to him, was because Ikpeazu has no clear repayment plan for the foreign loan which, he noted, has a 20-year tenure with seven years moratorium. He alleged that that the governor had mismanaged the resources of the state and running the state aground, adding that with N14.150bn bail out, and two tranches of Paris Club loan refund in the sums of N5.3bn and N5.7bn that had come into the coffers of the state, there was no justification for civil servants in the state to be owed eight months salaries. He challenged the Ikpeazu administration to explain to the people of Abia “where the billions of naira given to it so far for the development of the state had gone to.” The APGA candidate said the government should tell Abians where the billions given to it so far for the development of the state had gone to even as he added that the House of Assembly should without delay, set up a panel to investigate the financial activities of the Ikpeazu-led government and ensure that anyone found to have committed any financial crimes in the state is made to pay the price. He said: “There is absolutely no doubt that the Ikpeazu/PDP-led government does not mean well for Abia State and its people as the consistency of negativity of the government, especially in the management of the people’s commonwealth has assumed a provocative and insulting dimension, hence the need for all men of good conscience to collectively raise their voices in saving the state by calling Ikpeazu and his collaborators to order so that

Otti... takes on the Abia State Government

they don’t plunge Abia and Abians into long term financial and economic chaos. “I demand that the National Assembly should review its decision taken few weeks ago and quickly withdraw or reverse its approval of the $200 million loan, as any money given to the Abia State government by the issuing body is bound to disappear going by its crazy record of financial recklessness. Besides, the capacity to repay this humongous loan has not been demonstrated in any way or form, irrespective of the outdated document titled “Abia State Integrated Infrastructure Development Project” dated October 2015, which was the only document placed in front of the assembly for the loan. “That the federal government should henceforth prevent Abia State government from accessing any form of loan from within or outside the country until it accounts for the funds already received. The state government should immediately pay up all salary arrears for which it had received bail out funds and two tranches of Paris Club refund. May we also advise the federal government to pay attention to how funds are used by the states, especially when they are bail out funds and other loans that future generation would be

Despite the directive by the federal government that the Paris Club refunds be used by states to clear arrears of salaries and pensions, many states are still owing their workers

made to repay.” Chronicling the funds received by Abia State since inception of Ikpeazu’s administration, Otti said the government had on various occasions, announced it was going to pay salary arrears from the money but did not. He said: “On assumption of office, the present Abia State Government led by Ikpeazu began dishing out figures of funds required to clear salary arrears owed workers. After initially claiming that it required N6 billion to clear the salary arrears, the governor later approached the state’s House of Assembly seeking approval for a loan of N30 billion from a local bank. “My party, APGA, challenged that request after the state government contradicted the then speaker, who had informed his house members that the loan was for infrastructural development, only for the government to turn around and claim it was meant to clear different debts owed by the state. “Alarmed by the suspicious claims and moves of the government regarding state financial matters, I sought clarification through my media aides and my party on the specific amount required to clear arrears of salaries owed Abia workers. “Unfortunately, the government remained dodgy until it received N14.150 billion bail out fund from the federal government. Shortly after receiving the fund, the governor, through his then SSA on public communications, Sam Hart, announced the inauguration of a committee charged with the responsibility of disbursing the money and promised to clear all outstanding arrears owed workers by October 30, 2015. “What this specific promise by Ikpeazu meant was that the government had its record intact, accurate, and knew that the bail out fund would be enough to offset the salary. Unfortunately, that promise turned out a dangerous political gimmick that got Abians bamboozled, and workers seriously hurt. While the groaning of Abia workers and Abians continued unabated as a result of mounting debts owed workers and general absence of good governance in the state, the government again received the first tranche of the Paris Club refund arrived. Sadly, immediately the

N5.7 billion arrived, the government came up with another atrocious story which was that it got less than what it expected. “This primitive and callous administrative ineptitude has left many Abia workers being owed up to eight months’ salary arrears, making their lives and those of their families miserable. The funds and others secured by the Ikpeazu/ PDP-led government have nothing to do with the tens of billions of naira gotten by the government as statutory monthly allocations and Internally Generated Revenues (IGR). “While many Abians are still mourning and yet to recover from the numerous deceits of the present Abia State Government, we got the sad news of the approval of $200 million loan for the state by the National Assembly. This loan, which is supposed to come from the African Development Bank (ADB) has a tenure of about 20 years with a seven-year moratorium. “As observed by the House of Representatives, while the president had by a memo dated May 25, recommended $100 million for approval, the Ministry of Finance by its memo dated July 18, sent in a request for $200 million, which was approved. This contradiction, coupled with the lack of clarity on the repayment source of the loan were enough reasons not to approve this huge request.” It is not only Otti that is complaining. At different times, many Abians had expressed reservation with the leadership foisted on the state since 1999. They feel that out of the five states in the South-east, Abia State is the richest and the most badly managed. Also at various times, many analysts had observed that if Aba, the commercial nerve centre of the state is properly developed, it has the potential of transforming not only the state but the entire region into a Dubai, but unfortunately, successively leaders in the state for lack of vision and focus, have ignored the city, now witnessing the worst infrastructural deficiency. At the heat of the criticisms of against Ikpeazu’s lack of performance, his initial excuse was that the court cases challenging his legitimacy and emergence as governor, were a distraction, but since the cases were dismissed in his favour, the people of the state have not seen any difference between his administration and previous ones. But responding to Otti’s attacks, Ikpeazu said Otti was being economical with the truth, adding that Abia State under his watch “is open for any probe by any constituted authority.” In a statement by his Chief Press Secretary, Mr. Enyinnaya Appolos, the governor said Otti should feel free to visit any anti-graft institution with any graft information he had against him. The statement reads in part, “…At no point did the Governor Ikpeazu administration publicly claim that it needs only N6bn to clear salary, pensions and gratified outstanding in the state. Rather it is a matter of public record which can be verified from the Central Bank of Nigeria and the Debt Management Office of the Presidency that the documents submitted by the Abia State Government in lieu of the request for bailout indicated a requirement of N38bn to clear all the outstanding salaries as of October 2015. “Only N14.2bn was approved for the state. It is also public knowledge that when the facility was received, the state government transparently set up a committee dominated by Labour leaders in the state to allocate all the resources to the payment of some of the outstanding salaries and pensions. Unlike other states, ICPC and labour leaders reviewed the application of the facility and commended the government of Dr. Okezie Ikpeazu for prudently managing the bail out loan without diverting any portion to competing needs. “Even with regards to the approval from the Abia State House of Assembly to borrow N30bn, the Ikpeazu administration never accessed those funds to date. We challenge Mr. Otti to publish the name(s) of the local bank that availed the facility to the state government or shut up.”

TUESDAY, AUGUST 22, 2017 ˾ T H I S D AY

FEATURES

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

Delta Capital Territory and Its Intractable Problems It is clear that the enormity of the development challenges of the Delta State Capital Development Territory cannot be wished away, not even by the relevant authorities who have made spirited efforts to explain away the problems, writes Omon-Julius Onabu

Vehicles wading through the ﬂooded Okpanam Road, Asaba, near the Delta State House of Assembly

isitors to Asaba, the Delta State capital, especially during the rainy season are often quick to notice and query why a city surrounded by natural water channels, including the great River Niger, could be so susceptible to perennial flooding, year in, year out. Indeed, the common conclusion about the flooding experience has often been based on perception of "poor planning" blamable on successive administrations in the state since its creation in August 1991. Residents of DLA Road, Jesus Saves Road, DBS Road, Okpanam Road and others are living witnesses to the harrowing experience of severe flooding in Asaba capital territory. It is a common sight to see sudden rush of vehicular traffic as people race away from particularly flood-prone areas or make hurried detours whenever the clouds thicken or signs of a coming downpour loom in the Delta State capital. Then, many offices and even business outlets would be rapidly deserted especially when it is already past noontime on a normal week day. The mere darkening of the sky in Asaba often arouses spontaneous fear in the residents and prompts an almost involuntary reaction with traders hurriedly packing their wares as they join in the crazy rush home by people resident in flood-prone areas or who have to pass through places like Okpanam or DLA Roads. It is simply a seasonal vicious cycle in Asaba. Aside flooding, another aspect that elicits some negative perception about Asaba is the relative untidiness of many areas, including the main commercial centre in the city called Ogbeogonogo Market located in the heart of Asaba. Dumping of refuse is generally indiscriminate and unwieldy as most residents have made a habit of disregarding environmental sanitation policies and regulations under successive administrations including

the waste disposal system instituted by the present government. Even the highly subsidised plastic waste bins designed to ensure proper sanitation through an effective refuse disposal system introduced by the government has generally not been embraced, just as many do not patronise the authorised private waste disposal agents. The detestable practice of throwing their waste into the street corners, road median and gutters or water channels even in the most conspicuous areas force officials of relevant state and local government agencies into a running battle with defaulters as they contend with continually clear blocked gutters and remove filth due to indiscriminate dumping of waste. Governor Ifeanyi Okowa and the Environment Commissioner, Mr. John Nani, have repeatedly grieved about the situation. No master plan for Delta Capital Territory Although numerous internal roads have been constructed or rehabilitated in Asaba by the Okowa government in the last two years, questions have been raised about the

Residents of DLA Road, Jesus Saves Road, DBS Road, Okpanam Road and others are living witnesses to the harrowing experience of severe ﬂooding in Asaba capital territory

plan, the director-general explained that the Okowa administration has been engaged in an intricate and delicate balancing act to bring about appreciable order. On the proposed monorail, which would pass through Asaba metropolis and terminate at Okpanam area, Ofuani disclosed that that though fashioned after those in modern cities like Dubai in the United Arab Emirate, the government planned to embark on a less expensive monorail project, that is, one that would not necessary duplicate the Dubai monorail built at a cost of $87 million per kilometre.

Okowa...appeals to Asaba residents to avoid building on designated and natural water channels and imbibe good sanitation culture

potential durability as well as their generally narrow structure. The major challenge of remoulding the Delta State capital, Asaba, into a modern city befitting of that status has been the non-availability of any master plan for the area before the Okowa administration, the Director-General of the Delta Capital Territory Development Agency (DCTDA), Chief Clement Ofuani, said. He emphasised that the agency, which was established and legislated under Governor Okowa, was meticulously working on a long-term plan to transform Asaba and the entire state capital territory such that development of all the sectors would be standardised on a sustainable basis. Proposed Asaba monorail project on course While giving insight into the complex development challenges created by a combination of factors, chiefly the old traditional land use mode and haphazard development of the capital territory due to lack of master

No plans for water supply in foreseeable future Important and basic as water supply is to any modern city, Ofuani noted that the DCTDA was not contemplating a major water scheme that would provide potable water for every house in Asaba because of the frighteningly huge financial outlay of such a project. He made allusion to the state water scheme for Warri/Effurun metropolis was yet to see the light of day after more than 40 years and with funding from African Development Bank and others through successive administrations. Housing still on the drawing board “No government can go it alone in providing adequate housing stock that would be relatively affordable for the people without private sector involvement,” he pointed out, and hence the Delta State Government was partnering a private firm towards the development of 10,000 housing units in Illah area, which is near Asaba. Although, THISDAY investigation revealed that the orchestrated housing programme of the Okowa administration is still to get off to a serious start beyond ongoing efforts to reconcile diverse contentions over land acquisition rights, Ofuani was yet optimistic about projections for the scheme.

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FEATURES Speaking recently in an interactive session with members of the Asaba Correspondents Chapel of the NUJ, the DCTDA boss asserted that the agency was “doing excellently well” with regards to the current construction and rehabilitation of numerous internal roads in Asaba in spite of the prevailing financial challenges in the country. Ofuani noted that although the state capital territory agency was also grappling with the huge challenge of urban renewal of Asaba as an old, compactly built-up centre especially in the construction of the internal roads, many of which were dilapidated earth roads, the fact that no master plan for Asaba existed before the inception of the Okowa government had been a major impediment to aggressive upgrading efforts. Hitherto, what existed was merely “a Layout Plan” designed under the military administration of Luke Ochulor in 1991 (shortly after Delta State was created) rather than a master plan, which ought to comprehensively address all the vital areas of a modern capital city including population growth, land use modes, roads, housing, sanitation, drainage, water supply, airport and recreational facilities. In the view of state capital development authority helmsman, the pre-Okowa scenario had led to chaotic land use practice by developers in Asaba, particularly in the suburban areas like Okpanam, Okwe, Okoh and Ibusa – areas captured in the Delta Capital Territory format - in total disregard to the said layout plan, with its grave sanitation and drainage consequences. Moreover, it was difficult to prosecute those who flouted the land use regulations simply because there was no legal instrument to prosecute those who defaulted,” Ofuani said, an explanation amplified by the state Information Commissioner, Mr. Patrick Ukah, hinting at the not-so-tidy implementation of urban planning regulations in a long while previously. Reacting to the recent widespread flooding and its attendant devastation in Asaba and environs – the cost of which the state was still working out with the appropriate federal agencies - Ukah explained the constraint of the government in moving out the bulldozers against illegal buildings in storm water channels. He said that the government could not just pull down such houses where there was evidence of “approved building plan” under the state’s extant laws, due to the legal implication of such a decision. Was there ever a master plan? Amid the sing-song about the drawback occasioned by a non-existent master plan and poor financial resource base of the present administration, a tide of pessimism looms over the government's handicapped position as explained by the director-general of the DCTDA. Some claim that the Ibru administration had actually designed a good master plan for Asaba, alleging that the excuse about the non-existence of a master plan for Asaba capital territory was untenable and a political dummy being sold by the state government. "Let nobody feed us with such a big lie, that there was no master plan for Asaba or Delta Capital territory before this government,” a senior citizen who have worked closely with government told THISDAY on condition of anonymity, a claim supported by a senior public servant. According to the respondent, “They shouldn’t tell us there was no master plan because they decided for a new master plan apparently because of certain interests. The late Governor Felix Ibru was an internationally recognised architect,

The major challenge of remoulding the Delta State capital, Asaba, into a modern city beﬁtting of that status has been the non-availability of any master plan for the area before the Okowa administration

Old state secretariat Asaba premises ﬂooded after a torrential downpour

DLA Road, Asaba, which is perennially ﬂooded all through the rainy season

Gate of the Delta State Licensing Oﬃce Asaba, on the Benin-Asaba Expressway, heavily ﬂooded after a downpour... recently

and we know that he designed a very good master plan for Asaba during his tenure.” Challenge of spatial reordering of Delta Capital Territory Perhaps, the recent widespread devastation wreaked on Asaba by the downpour in the last few days of the month of July merely underscores the imperative and urgency of a functional development blueprint or master plan for not just Asaba metropolis but the contiguous centres constituting the Delta State Capital Territory. There seems to be a general consensus even among top government functionaries and associated politicians that the Okowa government cannot afford to continue to dwell on the tale of errors of past administrations, in terms of poor drainage and town planning system. With the disturbing experience of perennially flooded strategic roads, government offices and public schools, of collapsed buildings and even Government House fences as well as

shutting down of both private and government businesses, could the government continue to vacillate on completing the process of fashioning a workable urban (capital) planning document or master plan with the requisite legal muscle for the desired transformation of the capital land. If the body language of the director-general of the DCTDA during the aforementioned interactive session with journalists is anything to go by, then a decisive exercise of political will on the part of the Okowa administration is highly and urgently required in this regard. Any alternative might just be tantamount to exacerbating the current deplorable state of affairs. Nevertheless, the DCTDA director-general is confident that the new master plan fashioned by his agency would correct these anomalies by working in close collaboration with the state ministries of justice, environment, housing and urban development and all the relevant authorities. He assured that the process of getting an appropriate master plan for the Asaba capital territory, which includes a

long-term development blueprint for all the subsectors, had reached advanced stages as it was awaiting final approval from the state executive council. In the light of the prevailing conditions across entire territory, residents of Asaba and the people of the Delta Capital Territory can only take solace in the promise of meaningful mediation in the environmental challenges confronting the area premised on the master plan expected to being effectively released by the Okowa administration in no distant time, even in spite of financial constraints. In the words of Ofuani, “We would turn the Delta Capital Territory into a busy construction site if we had all the money.” Nonetheless, he stressed that the least the people could do was to cooperate with the agency and state government in order to successfully midwife the desired new Asaba capital city, by avoiding building on designated and natural water channels and imbibing good sanitation culture in order to avoid a repeat of the destructive flooding of the area in 2012.

IMAGES

L-R: Member Celestial Church of Christ, Tosin Olorukun; Supreme Head of the Celestial Church of Christ, Worldwide, Most Revd. Emmanuel Abiyina Oshoﬀa and Chairman, House Committee on Rural Development, Federal House of Representatives, Hon. Oladipupo Adebutu, during the fund Raising gala Nite for the celestial church basilica, at the Radisson Park Inn Hotel, Abeokuta...recently

T H I S D AY ˾ ˜ ͰͰ˜ Ͱͮͯ͵

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L-R: Members of the Olubadan-in-council: High Chief Tajudeen Ajibola (Osi Balogun); Eddy Oyewole (Ashipa Olubadan); Olufemi Olaifa (Otun Balogun); and Oyo State Governor, Senator Abiola Ajimobi, during the submission of the report of the Judicial Commission of Inquiry for the review of Olubadan Chieftaincy Declaration, at the Governor’s Oﬃce, Ibadan...recently . Photo: Governor’s Oﬃce

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L R ; Director Higher and Continue Education,Mr Adeosun Olukunle, Ag Permanent Secretary, Mrs Olofanuhan Adekanbi; and Oyo State Commissioner for Education, Prof. Adeniyi Olowofela during the Ministerial press conference on issues involving the running of education in the state in Ibadan...recently FELIX ADEMOLA

L-R; Human Resources Director, PZ Cussons, Joyce Coker, First Runner-Up PZ Cussons Chemistry Challenge 2017, Oyelamin Samuel, Chief Executive Oﬃce, PZ Cussons, Christos Giannopolous, Winner Chemistry Challenge 2017, Ogunmola Dara and the Regional Marketing Director PZ Cussons, Kalyan Bandyopadhyay at the Courtesy Visit of PZCCC Winners to the Company’s Corporate Head Oﬃce, Lagos...recently

L-R; Editor-in-Chief, Christian Medical and Dental Association (CMDA) University of Nigeria Teaching Hospital Chapter, George Orjih, Guest Speaker, Kennneth Obasi Eze, Member Editorial Board, CMDA, Chidimma Obasi-Eze and President, CMDA, Okezie Ibeleme during the CMDAís 2017 seminar on Editing at UNTH, Enugu...recently

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Quick Takes Man Jailed for Cable Theft A Yaba Magistrate court in Lagos has sentenced a 32-year old man, Ismaila Mabodu to six months of imprisonment without option of fine, for theft of 10 metres of armoured copper cable at a substation around Nigerian Railway premises Yaba, under the operational coverage of Eko Electricity Distribution Company (EEDC). According to the police prosecutor in charge of the case, Mr. Amoke Akinyele, the man was arrested by some policemen from Nigerian Railway Corporation on August 3, 2017 at about 3.45 am while attempting to cart away the cable after severing it from a distribution substation. The accused was subsequently arraigned on a two-count charge of wilful damage and theft of earth cable. He pleaded guilty making the presiding Magistrate, Mr. S. O. Aka Bashorun adjourn the case for facts and sentencing. When the case came up again on August 14, 2017, the accused repeated his guilty plea after the prosecutor had tendered the 10 metres of earth cable recovered from him as well as statements made by prosecution witnesses as exhibits. Delivering judgement on the case, the Magistrate said the offence contravened sections 285 and 350 of the criminal law of Lagos state and the accused was, on this ground, sentenced to six-month imprisonment on each of the two counts.

CONGRATULATIONS

L-R: Regional Retail Head, Abuja & North, First City Monument Bank (FCMB), Mr. Sunday Egele; a manager with the National Lottery Regulatory Commission, Mrs. Eucharia Umeh; winner of N1million at the second draw of the FCMB Millionaire Promo Season 4 in Abuja & North Region, Mr. Yusuf Usman; Regional Director of FCMB, Mr. Lukman Mustapha and the Bankâ€™s Zonal Head, Wuse, Mr. Baldwin Onuigbo, during the cheque presentation ceremony to the winner in Abujaâ€Śrecently

Kachikwu, NNPC Disagree on Cost of Crude Oil Production Ejiofor Alike The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu has disagreed with the Nigerian National Petroleum Corporation (NNPC) on the actual cost of producing a barrel of crude oil in Nigeria. Speaking at the recent conference of the Association of Energy Correspondents of Nigeria (NAEC) held in Lagos, Kachikwu said the cost of crude oil production was $32 per barrel in the country, adding that foreign direct investment flows into the country at a very high cost.

ENERGY â€œIn Nigeria today, the situation is such that foreign direct investment flows into the country are at high cost. An example is the high cost of production of oil at $32 per barrel,â€? Kachikwu added. But the Group General Manager in charge of National Petroleum Investment Management Services (NAPIMS), a subsidiary of NNPC, Mr. Dafe Sejebor had stated in an earlier statement endorsed by the spokesman of the corporation, Mr. Ndu Ughamadu that the state-run oil firm had driven

down the cost of crude oil production from $78 dollars per barrel as at August 2015 to $23 per barrel, representing 70.5 per cent reduction. Inaugurating the AntiCorruption Committee of the NAPIMS, Sejebor said NAPIMS saved $3 billion for the country by reducing the cost of crude oil production from $78 per barrel to $23 per barrel. â€œIf you knock down your cost of production from $78 per barrel to $23, take the difference and multiply by the average daily production, you will discover that we are saving a minimum of $3 billion in the

upstream for both Production Sharing Contracts (PSCs) and Joint Ventures (JVs)â€?, he added. Another area of disagreement between the petroleum minister and the state-run oil firm is the governmentâ€™s targeted of cost of production. While Kachikwu has also stated that the countryâ€™s target is to reduce cost of production to $15 per barrel, Sejebor had said the target was to drive down cost to between $17 and $19 per barrel. â€œInitiatives to reduce the cost of production of crude Continued on page 22

Fashola:FGtoSupportAuxiliaryMeterSupply with N39bn Loan Chineme Okafor in Abuja The federal government will support the take-off of an ancillary meter supply industry in Nigeriaâ€™s electricity market with a loan of N39 billion, the Minister of Power, Works, and Housing, Mr. Babatunde Fashola has said. Fashola, at the 18th monthly meeting of power sector operators in Kano, stated that the government and Nigerian Electricity Regulatory Commission (NERC) were in talks with investors in the 11 electricity distribution companies (Discos) on a plan to have a separate meter supply industry that could bridge the metering deficits in the electricity market.

ENERGY He said since the Electric Power Sector Reform Act (EPSRA) 2005 did not give Discos the monopoly to supply meters to their customers even though it was their duty, the government has considered the need to license meter providers to supply meters to customers on conditions approved by the NERC. This development followed repeated complaints of Discosâ€™ hypocrisy with meter deployment to their customers, as well as their mishandlings of an alternative meter supply initiative â€“ the Credited Advance Payment for Metering Implementation (CAPMI),

which allowed consumers to self-finance their meter installations. Though the immediate past Acting Chairman of NERC, Dr. Anthony Akah, developed a framework to create a separate meter supply industry for the electricity market before he handed over to the current board of commissioners, it was, however, not clear if the same framework was what the government and NERC would adopt in the new plan unveiled by Fashola. â€œPlease re-call that government had in the past attempted to intervene in meter supply through CAPMI which ultimately I decided we should wind down because of the

distrust and disaffection it was creating between consumers and Discos with Government caught in the middle with numerous petitions by customers who paid for meters that were not delivered within the approved time or at all,â€? Fashola said. â€œSome Discos have come back to say that their customers still want to pay for meters and they can reach agreements with them on how to pay for it. Government will not stand in the way of such an agreement. It is consistent with the intent of privatisation envisioned by the Electric Power Sector Reform Act (EPSRA) or at least it does Continued on page 22

Sahara Group Hosts Harvard Graduates A boat ride to Egbin Power Plc, one of Africaâ€™s biggest power stations and an affiliate of Sahara Group recently flagged off the tour of the power operations of the energy conglomerate in Lagos, by 20 Harvard Kennedy School graduates. Led by Toyosi Akerele-Ogunsiji, the graduates from the 2017 Masters in Public Policy Class learned about how continuing investments in technology, human capital, overhauls and upgrades were driving the unfolding transformation the power plant which is responsible for 25 per cent of power generated in Nigeria. An elated Arohi Sharma, the teamâ€™s Student Government President 2016-2017 said: â€œIt is quite exciting and amazing to see the remarkable work that is going on at the power plant.â€? Executive Director and Co-Founder, Sahara Group, Tonye Cole told the delegates that the privatisation of the power sector was a critical step Nigeria had to take in its pursuit for a reliable and sustainable power sector. â€œWhat we now need are policies that will drive and sustain productivity across the value chain of generation, transmission and distribution,â€? he added.

â€˜Diesel Needed to Meet Climate Goalsâ€™ German Chancellor Angela Merkel warned on Sunday against a swift abandonment of diesel cars after a series of emissions scandals, saying the fuel is still needed if climate change targets are to be met. Speaking at a pre-election town hall event on RTL television on Sunday, Merkel called on German carmakers, all of which have been caught using workarounds to cheat nitrogen emissions tests, to work to re-establish public trust in diesel. â€œWe need diesel if we are to achieve our climate protection goals,â€? she said. Diesel cars emit less of the greenhouse gas carbon dioxide but emit more of the nitrogen dioxide that can cause breathing problems in high concentrations. She told one car owner that the more modest compensation received by German car owners compared with their U.S. counterparts was the result of very different legal systems in the two countries. Nonetheless, Germanyâ€™s carmakers needed to compensate owners whose cars were less valuable as a result of the scandal as best as possible, she said, otherwise â€œthe German car industry, which is admired the world over, could suffer substantial harmâ€?.

â€œThere are some issues that need to be immediately addressed before the Petroleum Industry Governance Bill (PIGB) is sent to the President for assentâ€? Group Managing Director of NNPC, Dr. Maikanti Kachalla Baru

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BUSINESSWORLD KACHIKWU, NNPC DISAGREE ON COST OF CRUDE OIL PRODUCTION

oil to $15 per barrel are ongoing. Initial consultations with stakeholders have held and cost drivers have been identified. The outcome of this initiative would be a win-win for investors and the nation,” Kachikwu said. But Sejebor disclosed that the target was to bring the cost of production to between $17 and $19 for onshore and offshore production, respectively. Kachikwu also noted that for the past 10 years, the passage of the Petroleum Industry Bill (PIB) was an issue. He added that this present administration has succeeded where previous administrations have not, given the passage of the Petroleum Industry Governance Bill (PIGB) by the Senate. According to him, the Ministry of Petroleum Resources is working with the House of Representatives to pass both the PIGB and the Fiscal Bill at the lower chamber. Kachikwu stated that the PIGB would provide for a single regulator in Nigeria’s oil and gas sector, stressing that in other countries where oil revenues have been of homogenous benefits, a single regulator exists. FASHOLA: FG TO SUPPORT AUXILIARY METER SUPPLY WITH N39BN LOAN

not violate the Act. What I will reiterate is that the Discos have the obligation to meter customers, because they are the ones who charge for electricity which must be measured. If the customers and the Discos reach an agreement between themselves, where the customer assumes the responsibility of the Disco of his own free will, and NERC sanctions this agreement, then so be it,” the minister explained. “The difference between this kind of agreement and CAPMI, is that it is not a government initiative which CAPMI was. However, through NERC, Government will monitor and regulate to ensure that Discos do not use this as an excuse to abdicate their responsibility to provide meters,” he added.

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

Osun Commences All Year Round Farming through SolarPowered Irrigation Yinka Kolawole in Osogbo In line with its diversification programme and part of efforts to make Osun state the food basket of the West, the Osun State Government has embarked on all year round farming through massive irrigation system. The initiative was aimed at fulfilling one of the six-point integral action plan of the present administration, which is to banish hunger through massive agricultural production. The farms with 40 acres of land capacity each across 24 Local Governments of the state are being cultivated to encourage the agriculture revolution agenda of Ogbeni Rauf Aregbesola led administration in the state. The new farming system, an initiative of the volunteers of the Osun Youth Empowerment Scheme (OYES), encompassed solar-powered irrigation to encourage all round farming across the seasons. While inspecting one of the 40 acres of the already cultivated farm land at Ilesa, during the first harvest of the hybrid cucumber cultivated by the OYES cadets, Aregbesola said that the decision was to make the state to be selfsustaining and self-sufficient in food production as well make Osun the food basket of Western Nigeria. He said the initiative was aimed at fighting the scourge of irregular farming by encouraging modern agriculture practices through irrigation system. According to Aregbesola, agriculture is

where the future lies, thus it is high time for all to engaged in massive agriculture production as panacea to hunger. Aregbesola, who expressed delight over the commitment showed by the OYES cadets, said the state has turned a new leaf in agriculture practices. He added: “I am very impressed with this high level of seriousness being put in place by our OYES volunteers. It shows that our state is not only committed to infrastructure, but also human

development. “With this giant stride in agriculture, it is not a doubt that Osun can boast of all round cultivation of major commodities like sweet potatoes, cucumbers, and exotic vegetables. “As we have this farm in Ilesa, we also have similar ones in 24 Local governments across the state. This is aimed at fulfilling our commitment at banishing hunger, poverty and unemployment, as the scheme wouldn’t only encourage irrigation farming system but

also build confidence in the youths towards agriculture. “As we all know, food and shelter are too essential for the survival of humanity and no serious government will trivialise the need to encourage agriculture, particularly at a time when the value of crude oil is progressively sliding into zero. “It has been brought into public knowledge that in the next 20 years, it will be practically impossible to import food, not because there won’t

be money to do so, but there won’t be food to import. “So, to prevent this unforeseen circumstantial uncertainty, then it is time to go into massive food production capable of making us self-sufficient and as well encouraging surplus for export.” The governor added: “We must do whatever we can to sustain ourselves in food production because a time is coming when a nation like Nigeria will be left with no other option than agriculture.

BOOSTING CUSTOMER RELATIONSHIP

L-R: Regional Executive North and Abuja Business Directorate, Mohammed Kawu; Chairman Sub-committee on Finance, Niger State, Hon. Danladi Liman; MD/CEO Wema Bank Plc., Segun Oloketuyi; Zonal Manager North Central Zone/North Bank, Aisha Musa; Executive Director Newgate Group of Companies, Hon. Nuhu Alhassan; and Executive Director Retail and Digital Bank, Moruf Oseni, during Wema Bank’s Customer Forum in Minna ... recently

NNPC Bemoans Devastating GUMCO, Genus Power Sign Meter Effect of Vandalism on the Manufacturing Agreement for W/Africa Economy We’re looking forward to participation in the end-toEjiofor Alike Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has described the impact of oil pipeline vandalism on the Nigerian economy as severe and damaging. NNPC’s Group Managing Director, Dr. Maikanti Baru, has therefore appealed to oil pipeline vandals to desist from such act. He said it was not only harmful to the economy, but equally hazardous to the pipeline vandals and the environment. A statement from the Group General Manager, Public Affairs of the NNPC, Mr. Ndu Ughamadu in Abuja, stated that Baru, said this when he received a delegation of the Nigerian Environmental Society (NES) in his office for a business meeting. He noted that the ugly incident of petroleum pipeline vandalism presented a ‘loss-loss’ scenario for the vandal, the environment and the economy. Baru, equally said the NNPC was commitment to standard practices in Health Safety and Environment (HSE) in the oil industry, noting that the corporation does not embark on any project without a duly certified Environment Impact Assessment (EIA) report.

“All our projects also go through commissioning and decommissioning and we do it in accordance with prevailing world standards and our environmental practices are in line with the latest International Standard Organisation (ISO) specification,” Baru said in the statement. He also stated that the corporation will consider HSE as a priority before it executes the recent multiple upstream investment agreements it negotiated with some of its Joint Venture (JV) partners. “Be rest assured that if there is just one company that would be environmentally compliant in the industry, it is definitely going to be NNPC,” Baru stated. The statement equally noted that the National Vice President of NES, Mrs. Dorothy Bassey, in her remarks commended the NNPC for its recent signing of alternative funding agreements with JV partners and the re-invigoration of its anti-corruption unit. Bassey said the NES was willing to forge a symbiotic relationship with the NNPC to address all the concerns that comes with the day-day operations in the NNPC as well as the oil and gas industry in general.

Global Utilities Management Co (GUMCO), a subsidiary of Vigeo Group has signed a long-term partnership agreement with Genus Power Infrastructures Limited for the manufacturing, assembling and development of power metering solutions for Nigeria and other countries in the West African sub-region. Chairman of Vigeo Group, Mr. Victor Osibodu signed the memorandum of understanding (MoU) on behalf of GUMCO, while the Executive Vice President of Genus Power Infrastructures, Mr. R. Viswanathan signed on behalf of his company. According to a statement by GUMCO at the weekend, the MoU signifies the intention to collaborate closely on developing viable solutions to meet Nigeria and West Africa’s power metering needs. It also provides a framework for joint research, setup and deployment to develop innovative features tailored to the challenges of the West African power market. The scope of the collaboration includes the pooling and exchange of ideas, expertise and resources, as well as the joint organisation and

end process of bringing the products to market. Through this new partnership with GUMCO and Genus, Nigerian power distribution companies will have the ample opportunity to service their consumers with metering solutions suitable to the real-world challenges of the market. This collaborative effort is expected to reap results that will enhance the Discos’ bottom-line and reputation with their customers. The Business Development Manager of GUMCO, Mr. Tosin Osibodu said his company was excited and honoured to be part of this unique partnership with Genus Power. “This forward-looking initiative will be a key driver enabling greater performance and accountability within the power sector while creating local jobs through the lifecycle of meter manufacturing. Together with Genus Power, we can leverage on each other’s expertise and collaborate to manufacture, assemble and provide high-quality metering solutions made in Nigeria to service Nigeria and moving forward to the West African market on country to country basis.

a rewarding and mutually beneficial partnership,” he said. In his comments, Viswanathan noted that as a leading meter manufacturer, with the largest installation base of meters in India, it is imperative that his company “shares its experience with its partner GUMCO to provide a range of highly innovative and sustainable metering products and solutions to mitigate the pain areas of Nigerian DISCOMs and customers.” GUMCO was established in 1998 to improve the efficiency in the downstream Electricity Power sector of Nigeria. GUMCO has since grown to be the leading resource management and service provider in the Nigerian power sector. GUMCO has been involved in all the Public Private Partnership (PPP) initiatives in the Nigeria Power downstream subsector. Genus Power Infrastructures Ltd (Genus) is the largest manufacturer of Electronic Energy Meters in India with an installation base of more than 44 million meters working satisfactorily in field. Genus, a pioneer in the development of anti-tamper electricity meters.

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BUSINESSWORLD

ENERGY

Afolabi: Total is Committed to Delivering Gas to the Domestic Market Executive Director Corporate Affairs and Services, Total E&P Nigeria Ltd, Mr. Abiodun Afolabi, spoke to journalists during the 2017 Nigeria Annual International Conference & Exhibition of the Society for Petroleum Engineers on the company’s operations in Nigeria, including its huge domestic gas projects. Chika Amanze-Nwachuku presents the excerpts: What strategies has Total E&P Nigeria Limited (TEPNG) come up with to remain afloat despite low crude oil prices? What we have emphasised is collaboration, working more efficiently and taking cognizance of the fact that the times are different from when oil prices hovered above $100 a barrel. We believe that reducing costs does not necessarily mean laying off people. We are doing a lot to make our operations leaner e.g. in the area of maintenance and logistics. Maintenance can attract a lot of costs if not done in an organised manner. We also recommend sharing of resources where possible to bring costs down. What are your plans for the country’s gas-topower initiative in the face of poor electricity supply in the country? TEPNG has 15per cent equity participation in Nigeria Liquefied Natural Gas (NLNG) Ltd. TEPNG also supplies a daily contract quantity of close to 20 ms3/day of gas to the existing NLNG Trains 1 – 6 facilities with a potential increase in gas supply based on the expansion plans for Train 7. In the growing domestic market, the company, as partner in the NNPC/SPDC/TEPNG/NAOC JV, participates in the business of supplying some 0.7 billion standard cubic feet of gas per day (bscf/d. This gas feeds most of the gas-fired power plants in Nigeria today. In the on-going Gas-to- Power initiative of the Federal Government of Nigeria, Total, as partner in the SPDC JV, has built the Afam VI, 650MW Power Plant, which currently feeds the National grid. Total has played a significant role in the drive to reduce, and ultimately eliminate gas flaring in Nigeria through the Ofon Phase 2 and OML58 Upgrade Projects with start-up dates in 2014 and 2015 respectively. These have contributed to the world campaign against greenhouse gas emissions and its resultant negative impact on climate change, and conversely led to increased monetisation of gas through export. Total through the NNPC/TEPNG JV is currently supporting the Nigeria Gas Master plan. The NNPC/ TOTAL JV has embarked and delivered on critical projects like the 50km Northern Option Pipe Line (NOPL) and Obite-Ubeta-Rumuji Pipeline (OUR), linking our gas supply to Imo River where it joins the domestic gas network in the Eastern states of Nigeria. Total has made a commitment to deliver 300MMscf/day of gas to the domestic market, corresponding to the capacity of its gas transportation infrastructure. Against this backdrop, the company has received a number of Gas Purchase Orders (GPOs) from the Gas Aggregation Company of Nigeria (GACN). The first GPO was for supply of 100MMscf/d to Alaoji Power Station. The second GPO is to supply 126MMscf/d of gas to Indorama Petrochemicals proposed Methanol Plant for start-up in 2019. A third GPO to cover the remaining capacity of the NOPL i.e. 74MMscf/ day, is currently being discussed with GACN. What is the current crude oil production from Total JV operations, which stood at about 190,000bpd a year ago? The current figure is195.5 kbopd Could you please give updates on Total’s Ofon 2 project? The Ofon 2 project has been completed and is an important part of our JV operations. The project set several Nigerian content records with the construction of the topsides and other facets of the project in-country. Five of the seven Engineering Procurement and Construction contracts were awarded to companies in Nigeria. Note also that apart from the gas flare out mile stone achieved on

Afolabi the project in December 2014; an achievement that earned the 2015 World Bank Global Gas Flaring Reduction Excellence Award, we are proud to state that a first in Nigeria was the construction of the living quarters platform that was built in-country and is providing safe and comfortable accommodation for

Total has played a signiﬁcant role in the drive to reduce, and ultimately eliminate, gas ﬂaring in Nigeria through the Ofon Phase 2 and OML58 Upgrade Projects with start-up dates in 2014 and 2015 respectively. These have contributed to the World campaign against greenhouse gas emissions and its resultant negative impact on climate change, and conversely

personnel that work in that field. What is the outlook for the petroleum industry, given that oil price is gradually rebounding? Total is unflinchingly committed to the future of Nigeria. The petroleum industry in Nigeria remains viable and would get better with policies that enhance investor confidence even if oil prices falter from time to time. Policies that ensure stability of the fiscal regime, sanctity of contracts and other legislations that are consistent with international best practices will increase viability in Nigeria. Globally, we hope that the oil prices get better than today’s figures but we may still be far from the days when oil prices hovered above $100 a barrel. Until that time comes and even in an era of prosperity, the benefit of hindsight is that the petroleum industry will have to proceed with more prudence than it did before. What is the update on the Egina field? How far has the company gone in meeting its 2018 production commencement date? The Egina FPSO is planned to sail away from Samsung Heavy Industries yard in South Korea for Nigeria by Q3, 2017 and should be in Nigeria quarter four, 2017 where integration of six locally fabricated topside modules will be integrated on the FPSO at SHI-MCI Yard (LADOL) before final sail away to Egina site, deep offshore Nigeria. All is on course for first oil around quarter four, 2018. Beyond the 200,000 barrels per day targeted from the Egina field, what other value(s) is the project going to add to the fortunes of Nigeria’s oil and gas industry? Development of local industry capacity: It is the first in Nigeria and in fact Africa to have locally fabricated modules integrated onshore on an FPSO. Employment and job creation: 24 million man-hours of work done in-country, representing 77per cent of the work load for the project and

equivalent to a workforce of 3,000 persons on average during five years Fabrication of approximately 60,000 tonnes of equipment in various yards in-country, including specialised equipment like Pressure Vessels (Dorman Long and EWT), Flare Tower, Helideck, Living Quarters structures, large FPSO structures (Nigerdock) and complex subsea structures like Subsea Manifolds (Aveon). 297,000 man-hours of work on the basic engineering for the Egina Project was performed in Lagos by three Nigerian Companies - NETCO/BATELITWIN, CRESTECH and DOVER – representing 94per cent of the total man-hours spent. Infrastructure development: Construction of several large-scale new fabrication facilities in Nigeria, including Africa’s first FPSO integration quay, and upgrade of several existing fabrication yards. Specifically, the following yards were either built or upgraded to support fabrication and integration works of the various components of Egina project: SHI-MCI Yard in LADOL (Lagos Deep Offshore Logistics Base), Lagos: a new fabrication and integration yard, including a new purpose-built 500-meter long integration quay, has been constructed under the FPSO package contract. Aveon Yard, Port Harcourt: Upgrade of the yard and construction of new facilities was completed for the Subsea Production Systems (SPS). FMC Base, Onne: Upgrade of the facility under the SPS package contract. Gil Automation Facility, Lagos: Upgrade of facility for the Integrated Control & Safety Systems (ICSS) Panel assembly under the ICSS Package contract. Human Capacity Development: 560,000+ Man-hours of professional and vocational training for 250+ Nigerian engineers and technicians’ in-country and overseas.

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BUSINESSWORLD

ENERGY

Eko Refinery: Keeping Its Eye on the Ball Despite the sundry challenges that stalled construction of most of the licensed private refineries in Nigeria, Eko Petrochem and Refining Company Limited has remained undaunted, resulting in the recent funding support it received from the United States government, through the US Trade and Development Agency. Ejiofor Alike reports A major challenge facing Nigeria and indeed, West Africa, is weak refining capacity, which has made the sub-region heavily dependent on imported petroleum products. Apart from losing the scare foreign exchange running into billions of dollars yearly on importation of petroleum products, Nigeria’s weak refining capacity has forced it to export all its crude, thus losing the value-addition inherent in local refining. While the 445,000 barrels per day capacity refineries operated by the Nigerian National Petroleum Corporation (NNPC) in Port Harcourt, Warri and Kaduna have exhibited woeful performance in recent years as a result of lack of effective turn around maintenance (TAM) and obsolete technology, most of the private investors licensed to build private refineries have been plagued by lack of funding to embark on the construction projects After the efforts by successive administrations to rehabilitate the NNPC’s refineries and ensure their full capacity utilisation hit the rocks as a result of the obsolete technology and lack of funding to carry out effective TAM, the present administration has turned to the private sector to actualise the country’s dream of exiting importation of petroleum products by 2019. Already, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu had staked his job, offering to resign if the country does not attain self-sufficiency in fuel supply by 2019. Aside from the planned concession of the existing refineries to the private investors, and the concept of co-location of refineries, the current administration is also focusing on the private investors licensed to build modular and private refineries. Studies by the federal government have shown that of the 41 million litres of petrol projected daily consumption in Nigeria by 2025, 50 per cent is expected to come from the existing refineries on attaining full capacity utilisation after concession, while Dangote Refinery will account for 95 per cent, thus making the country a net exporter of petroleum products. However, the licensed private refineries are not making appreciable efforts in project implementation to boost the government’s 2019 target as a result of sundry challenges, prominent of which is funding. There are three levels of approval for setting up private greenfield or modular refineries in Nigeria - License to Establish (LTE), Approval to Construct (ATC), and Licence to Operate (LTO). Of all the 33 private refineries that were given License to Establish (LTE), only the 1,000 barrels per day refinery operated by the Niger Delta Petroleum Resources in Ogbelle in Rivers State has come on stream. The refinery currently processes crude oil from the flow station operated by the Niger Delta Exploration and Production (NDEP) Company into diesel. Most of the other investors have not kicked off the construction works as a result of difficulties in accessing funding. Dangote Group is also pursuing the construction of its 650,000 barrels per day refinery project aggressively with a target to resume operation by the end of 2019. In the case of modular refineries, the Eko Petrochem and Refining Company Limited, a private Nigerian refinery and petrochemical company being promoted by Integrated Oil and Gas Company Limited at the Tomaro Industrial Park Free Trade Zone in Amuwo Odofin Local Government Area of Lagos State, is leading in terms of project implementation. Following its pioneering role in the federal government’s modular refinery scheme and the remarkable progress recorded in project implementation, Eko Refinery has successfully positioned itself to acquire the pioneer status and its attendant incentives. However, the difficulties faced by private investors in accessing finance to complete detailed engineering analysis and commence

Kachikwu construction work after obtaining the approval to construct (ATC) is the major challenge that hampers the execution of majority of the 33 private refineries licensed by the federal government. While most of the refineries are still at the detailed engineering design stage, others have been given approval to construct (ATC) by the Department of Petroleum Resources (DPR) but could not proceed with the projects as a result of paucity of funds. Eko Refinery blazing a trail Eko Petrochem and Refinery’s pioneering efforts received a boost recently as the United States Government, through the US Trade and Development Agency (USTDA) provided a grant to be specifically used to finance the completion of the detailed analysis of supporting technologies and engineering for the implementation of the 20,000 barrels per day crude oil refinery. Speaking at the island right behind THISDAY Corporate Head Office during the grant signing ceremony, the United States Ambassador to Nigeria, Mr. Stuart Symington urged Nigerians to invest in Nigeria so as to have the right to complain when things are not going right. “He (Captain Emmanuel Ihenacho) is investing at the time with a government that believes profoundly in the power of individual citizen and entrepreneur. He is doing it at a time with government that believes that Nigeria can do what can be done anywhere in the world,” Symington said. Recounting his earlier meeting with Ihenacho, the US Envoy said: “His big point is that he said, and this is how I pretty remembered it and may be you all can help to remember – he (Ihenacho) said that the reason he is doing this is that unless he made this investment, unless he did this thing to improve the economy of Nigeria, to make sure that foreign currencies are retained and that foreign currencies are earned, to put Nigerians to work and bring world class expertise to Nigeria, he said ‘I would not have right to complain, unless I do something about it. This captain of a ship has now become a pilot for the country because

Ihenacho the greatest question that any country can ever ask is ‘who is leading us and which way are we going and who is in the boat? And the answer in Nigeria is that the people of Nigeria have to lead,” Symington explained. In his remarks, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, who was represented by his Senior Technical Adviser, Mr. Rabiu Suleiman, also stated the USTDA gesture had demonstrated the seriousness of the promoters of the refinery in implementing the project. “Most of those who have been licensed to establish refineries in Nigeria have two major challenges. One is financing. We all know that it is very difficult to raise funding and therefore, when you hear that the USTDA is extending its hands of fellowship and support in providing initial seed money required to go beyond the detailed engineering design, that also shows that behind him - the visionary of this project, there is a potential partner that is likely to support and to provide the required finances to establish this particular project. And for him to be able to bring down to this island, a representative of the United States – our own US President, that is, the Ambassador himself, to this island, is another demonstration of commitment and determination to do what is ever is necessary to see that this project takes place,” Kachikwu added. An elated Ihenacho, who is the Chairman of Integrated Oil and Gas Limited and also Chairman of the refinery, noted that the USA government had by this gesture, accelerated the process of the planned development of the refinery. He, however, appealed for more support to raise the $250 million required for the entire project. “Let me use this opportunity to restate our unflinching commitment to actualising this modular refinery project. The support and grant that the USTDA has given to us added tonic as the fund will go a long way to ensuring the timely completion of the proposed developments and the realisation of the envisaged underlined economic and social impacts,” Iheancho said.

“May I also very quickly state that whilst we continue to celebrate the delivery of this support assistance from the USTD, we also need to source significant investment funding to fully actualise the dream of this project. To give you an idea as to what kind of money we require, the scale of the cash investment required is of the order of $250 million. So, I am hopeful that one of the messages that will be carried home by our august visitors is that there is a Nigerian investor sitting on a free zone – 75 hectares in size, waiting for people who want to invest equity or who might indeed want to loan us some money on commercial terms. We are not seeking to get it freely,” Ihenacho added. Speaking on the benefits of the project to the Nigerian economy, Ihenacho stated that “if we are able to retain the foreign exchange spent in the volumes that we currently import, I tell you our economy will be transformed immediately; that is why we are stuck in this thing”. In his speech, the acting Director of USTDA, Mr. Thomas Hardy said the refinery project would provide an excellent opportunity for US businesses to export technologies and services to boost Nigeria’s refining capacity. “We are proud to support this new project, which will lead to infrastructure development and economic growth in Nigeria,” Hardy said. Also speaking at the grant signing ceremony, the Project Director of Eko Petrochem and Refining Company Limited, Mr. Gordon Paton stated that his 25 years of experience working in Africa, primarily in oil field construction, has equipped him for the assignment. The Managing Director of Nigeria Export Processing Zones Authority (NEPZA), Hon. Emmanuel Jime noted that the recovery of his misplaced mobile phone few minutes after he complained to Ihenacho is clear evidence that the refinery project is being founded on the basis of sincerity and honesty. Jime, who declared Tomaro Island a FTZ at the ceremony based on the approval of President Muhammadu Buhari, said the move was to make Nigeria an attractive destination for investments.

T H I S D AY TUESDAY AUGUST 22, 2017

T H I S D AY ˾ ˜ ͰͰ˜ Ͱͮͯ͵

BUSINESSWORLD

INDUSTRY

Back to the Basics Governor Godwin Obaseki’s Edo State is attempting to employ agriculture as one of its major tools for reviving and restructuring the state’s economy, writes Solomon Elusoji That reviving agriculture, and positioning it as a major revenue earner, is one of the core focus of the President Muhammadu Buhari-led federal government is no longer news. But can the same be said of each state government? In the case of Edo, yes, judging from the various moves made by the Governor of the state, Godwin Obaseki, since he assumed office. Although the state produces crude oil, limestone and quarry, for years, Edo State has been criticised for lacking an industrialisation structure, a factor which has been blamed for youth unemployment. But Obaseki is attempting to change that story, through the promotion of agriculture. And with a total land mass stretching up to 6,873 square miles, most of it arable and unoccupied, his reasoning appears watertight. Reviving the oil palm sector One of the major areas Obaseki has focussed his torchlight on, in achieving his agricultural objectives, is the resurrection of oil palm as a major export commodity for Nigeria as a whole. Edo State is well placed to lead this charge. The state houses the Nigerian Institute for Oil Palm Research (NIFOR) and two of the biggest oil palm producers in the country, Presco Oil and Okomu Oil. Recently, Obaseki was at NIFOR, alongside some top government officials for an on-the-spot assessment of its activities, while expressing hope that it was still possible for the country to bounce back to its place of pride in the production and exportation of oil palm, before it was overtaken by the East Asian tiger, Singapore, and Malaysia. “The country is yet to maximise the potential of this institute, we should go back to the drawing board and retrace our steps and fix that which we missed years ago,” Obaseki said. “We will be travelling to Indonesia in a few weeks’ time to see how the country used oil palm to develop its economy; there are areas we have comparative and competitive advantage as a country, but there are certain things that we need to improve upon.” He further said that the state would need to collaborate with the institute in sharing expertise with civil servants in the state and urged the country to use the God-given resources for the benefit of the country and future generations. Meanwhile, when the management team of the institute paid Obaseki a courtesy visit at the Edo State Government House, the Acting Executive Director of NIFOR, Dr. Napoleon Aisueni said the institute was prepared to carry out its mandate of ensuring adequate research in the production of oil, coconut, raphia and rate palms and sustain its status as an international centre of excellence in crop production, processing and improved technological know-how. Obaseki then expressed the state government’s interest in strengthening the relationship with the institute which aligns with the vision of his government. “We want oil palm to be our own crude oil and therefore, we will partner and work closely with you,” he said. Opening up agrarian communities Also, as part of his agricultural transformation agenda for his state, Obaseki has said his administration would rehabilitate the old roads connecting agrarian communities in the state to encourage investments in the agriculture sector. The governor said this recently when he received a report presented by the Technical Committee on Infrastructural Development, set up to review the state of road network constructed when Edo was under the old Midwest Region. Obaseki lamented that most agrarian communities in the state were disconnected from the Trunk A roads constructed by the federal government, which he noted have been hampering agricultural activities in the communities. He said his administration would encourage investment in these communities by reconstructing the old road infrastructure linking the agrarian communities which would be expanded when necessary.

Obaseki “When the colonial masters designed these roads we inherited, they connected communities because the communities were the economic nerve centres of the then Mid-West region. But with the construction of Trunk A roads, these communities were forcefully relocated and deprived of the huge commercial and economic activities they used to host,” he said. Obaseki assured that the old roads would be given priority attention when the state commences road reconstruction and rehabilitation work in the dry season. This is a bold step in reclaiming the future of Edo, as accessibility is one of the major problems torturing farmers in this part of the world; completing the roads and linking up these agrarian communities would inevitably lead to a wider access market for farmers, which suggests more profits and more incentives to continue to ramp up production, while attracting more youths into the sector.

In a bid to promote youth involvement in the sector and also assist victims of human trafﬁcking in the state, Obaseki has approved an agricultural development scheme. Based on reports, over six million people, most of them young people, attempt to cross into Europe from Africa every year, due to a lack of economic opportunities in their homelands

Training tomorrow’s farmers Nowadays, agriculture is less about muscle than it is about the mind. Gone are the days when success is determined by the number of hands; now it is about technical and scientific know-how, and the ability to implement best practices in the best coordinated fashion. All these, however, cannot be acquired in a vacuum. This is why, apparently, Obaseki has prioritised the quality of education potential farmers receive in Edo State. Recently, the government approved the temporary closure of the College of Agriculture, Iguoriakhi, with immediate effect. The closure notice, signed by the Secretary to the State Government, Osarodion Ogie, explained that the action was in line with “the state government’s determination to reposition the college to achieve the goal and objectives for which it was established,” adding that “a team has been put in place to assist government in repositioning the college.” The team, headed by Professor Anthony Durojaiye Ologhobo, include Prof. Sylvester Oboh and representatives of Presco Oil; Okomu Oil; Nigeria Institute for Oil Palm Research (NIFOR); Rubber Research Institute of Nigeria; Rubber Estate of Nigeria and Leventis Farms Ltd. However, after a strategy session to revamp the College, Obaseki decided to inaugurate a 15-man Governor’s Council on Agriculture to reposition the state’s agricultural sector. According to the governor, the expanded Council would take a broad view of the state’s agricultural sector and outline strategies that would make the state the number one crop enterprise zone, specifically, oil palm, tubers, cocoa, rice, vegetables, aquaculture and livestock amongst others. The Council would also tackle the issue of manpower dearth for modern agricultural activities by transforming the College of Agriculture, Iguoriakhi into a world class institute that would deliver the desirable graduates to service the agricultural sector. Obaseki urged the Council to break into subcommittees that would handle the referenced areas and meet quarterly to review their work. He added that he expects the transformed College to be able to train between 2,000 to 5,000 capable students that would contribute to the development of the sector in the state,

and assured that 200,000 hectares of land would be provided for the graduates to display their skills. Advocating youth Participation Recently, Obaseki was on inspection duty at a 450 hectare maize farm, a Public Private Partnership (PPP) initiative of his administration with Saro – Agro Sciences Ltd, to accelerate the mainstreaming of agriculture in the state’s economy. During the tour, he urged youths in the state to embrace the initiative, which would enhance their socio-economic status by providing them with bankable jobs. “We flagged off our Accelerated Agriculture initiative three months ago and this maize farm is a product of the initiative,” he said. “There were few challenges encountered by the farmers and we will go back to the drawing board to ensure that there is significant improvement in the next phase.” He further said that his administration adopted the PPP business model so that the youths for whom the programme was created can leverage on the expertise of major players in the agricultural industry and grow into big players themselves. Meanwhile, in a bid to promote youth involvement in the sector and also assist victims of human trafficking in the state, Obaseki has approved an agricultural development scheme. Based on reports, over six million people, most of them young people, attempt to cross into Europe from Africa every year, due to a lack of economic opportunities in their homelands. Obaseki explains that the scheme would go a long way in making the returnees responsible; build and enhance their capacity in agro-allied business and create a template for youth empowerment. “We are focused on helping to provide exemplary standard for intending migrants and ensure there is food security as part of efforts to end severe hunger, poverty and unemployment in the state,” he said. According to the governor, about 150 returnees, who are the first batch of people to benefit from the initiative, will also assist in reintegrating and improving the technical know-how of other returnees to become self-reliant.

T H I S D AY Ëž Ëœ Í°Í°Ëœ Í°ÍŽÍŻÍľ

natnuPreneur Farmers Reap Huge Profit on Investment Stories by Jonathan Eze The Coordinator of natnudO Foodsâ€™ broiler out-grower scheme tagged â€œnatnuPreneurâ€?, Mr. Gbolade Adewole, has disclosed that farmers registered under the six- seven week broiler production scheme, have consistently enjoyed between 7.5% and 15% profit on invest-

ment per cycle. With a potential to conclude cycles per year, efficient farmers stand to make between 37.5% - 75% profit per annum, making natnuPreneur â€œbroiler out-growerâ€? the most profitable poultry scheme in the country. Adewole made the revelation at a press briefing in Lagos. He also disclosed that between October 2014

and July 2017, poultry farmers registered under the three year â€˜pilot phaseâ€™ have reared over four million birds and the firm has off-taken birds to the value of over N4billion. Adewole stated that the natnuPreneur initiative is not only in the business of providing a ready market for broiler farmers, but also in ensuring that they

are consistently in business and they make profits that can be sustained consistently over time. â€œWe treat our farmersâ€™ farms as our own and invest a lot of time in ensuring their poultry businesses is run with global best practices as we run and manage ours, because we believe that our success is closely tied to the

success of our farmers. â€œOur vision is to create passionate, knowledgeable, and wealthy poultry farmers nationwide through sustained profitability. â€œIt is not enough to help farmers achieve profitability after just one cycle. We have heard of many out-grower schemes in the past where farmers make

millions but couldnâ€™t retain it afterwards. What we are most concerned about is that the profit our farmers make increases and is sustained. In other words, we make and retain broiler millionaires through frequent training on poultry management processes and continuous monitoring/ supervision of farm activitiesâ€?

Akwa Ibom to Empower Widows with Out Growers Poultry Farms Akwa Ibom State Governor, Mr. Udom Emmanuel, has instituted the Akwa Prime Hatchery Empowerment Programme for widows in the state. Tagged, â€œNaomi Initiativeâ€?, the programme is packaged for poverty alleviation, job creation and wealth creation amongst widows in the state interested

in poultry farming. Sitting on a large expanse of 5,000 hectares of land in Mbiaya Uruan, Akwa Prime Hatchery has an incubator capacity of 56,000 eggs and production capacity of over 230,000 day old chicks per week. With Akwa Prime Hatchery, poultry farmers in the state,

who hitherto travelled to the Western states for supplies of day old chicks now have them at their door step. The factory is now the supplier of day old chicks and poultry meat not only for the people of the state but also those in neighbouring states. Under the initiative, benefit-

ing widows are provided with a starter pack, including a breeder farm, a carton of setter chicks of 3 weeks old, feeds, fumigation as well as other extension services to ensure sustenance and successful processes of the out growers poultry farms. This measure, which is a

reinforcement of the widowhood rights as domesticated in the state, is also a means of diversifying the chain value of Akwa Prime Hatchery for increased productivity. THISDAY reported that at the inauguration of the factory, Governor Udom had said, the Akwa Prime Hatchery,

will not only accentuate his industrialisation drive, but will provide job opportunities and create wealth for the people. The governor had, at the time organised free training for over 1,000 interested poultry farmers and set-up out-growers breeder farms for 200 successful poultry farmers, along with feed mill.

T H I S D AY TUESDAY AUGUST 22, 2017

TUESDAY, Í°Í°Ëœ ÍşÍ¸ÍšÍľ Ëž T H I S D AY

BUSINESS/MONEYGUIDE

CBN Intervenes with Fresh $195 Million Obinna Chima The Central Bank of Nigeria (CBN) yesterday offered a total of $195million in three segments of the interbank foreign exchange (forex) market. In the wholesale segment of the market, it auctioned $100 million and also intervened in the small and medium enterprises (SMEs) and invisible segments, with the sum of $50million and $45million respectively. The acting Director, Corporate Communications Department, Mr. Isaac Okorafor, said that despite the pressure in the market from those seeking forex for school fees and vacations, the Bank has kept faith with its resolve to ensure that there is sustained liquidity in the market and ensure that genuine requests for forex are met. He pointed out that there have been improved liquidity and flexibility in the market. The latest intervention comes on the heels of last weekâ€™s intervention in which

the retail secondary market intervention sales (SMIS) received the largest allocation of $264,192,252.95 and the authorised dealers in the wholesale window had the sum of $100,000,000. The CBN had in a bid to improve forex availability in as well as to ameliorate challenges encountered by critical stakeholders, last week directed that payment for port charges to the Nigerian Ports Authority (NPA) and other agencies by oil marketing companies would henceforth be accommodated by the Bank using Form â€˜Aâ€™. It anticipated that the move would go a long way in speeding up operations at the ports, thereby enhancing the ease of doing business in the country. Nigeriaâ€™s forex stood at $31.591 billion as at August 18. The accretion of Nigeriaâ€™s forex reserves, which started this year has continued as figures released by the Central Bank of Nigeria

(CBN) showed that reserves has grown by $1.263 billion this quarter. This signified a steady improvement in the countryâ€™s current account balance, despite the threat from United States shale oil. The growth in the reserves was also influenced by the drop in militancy in the Niger Delta and rising oil exports, which have led to an improvement in the countryâ€™s earnings. The improved crude earnings reflected in the amount of funds disbursed by the Federal Account Allocation Committee (FAAC) which climbed to total of N3.010 trillion to the three tiers of government between January and June this year; figures compiled by THISDAY had shown. The amount shared by the three tiers of government was significantly higher, compared with the N2trillion allocated to them in the first half of 2016. The naira traded at N367 to the dollar on the parallel market yesterday.

FG Signs Agreement, Joins Global Partnership against Tax Avoidance, Evasion Nume Ekeghe The Executive Chairman, Federal Inland Revenue Service (FIRS), Mr. Tunde Fowler, recently signed two major multilateral instruments aimed at tackling tax avoidance and evasion. These are the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) and the Common Reporting Standard (CRS) Multilateral Competent Authority Agreement (CRS MCAA). Fowler, according to a statement, signed the agreements on behalf of Nigeria in Paris, with the Head of Global Relations and Development Division of the Organisation for Economic Cooperation & Development (OECD), Mr. Ben Dickinson in attendance. The statement issued by the Director of the OECD Centre for Tax Policy and Administration (CTPA), Pascal Saint-Amans,

said the signing of the agreements makes Nigeria the 71st jurisdiction to sign the MLI and the 94th jurisdiction to join the CRS MCAA. He said the agreements would give Nigeria automatic exchange of tax and financial information among 101 tax jurisdictions and enhance the countryâ€™s ability and those of the other countries to contain tax avoidance and evasion as well as share financial data. The MLI is a legal instrument designed to prevent Base Erosion and Profit Shifting (BEPS) by multinational enterprises. It allows jurisdictions to transpose results from the OECD/G20 BEPS Project, including minimum standards to implement in tax treaties to prevent treaty abuse and â€œtreaty shoppingâ€?, into their existing networks of bilateral tax treaties in a quick and efficient manner. The text of the MLI, the explanatory statement and background information are

available on OECD website along with the list of the 71 jurisdictions participating in the MLI and the position of each signatory under the MLI. On the other hand, the CRS MCAA is a multilateral competent authority agreement based on Article 6 of the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which aims to implement the automatic exchange of financial account information pursuant to the OECD/G20 Common Reporting Standard (CRS) and to deliver the automatic exchange of CRS information between 101 jurisdictions by 2018. The text of the CRS MCAA, background information and the list of the 94 signatories are available on OECD website. Saint-Amans explained that the agreements will provide â€œautomatic exchange of tax and financial information among 101 tax jurisdictions and enhance the ability of countries to contain tax avoidance and evasion.

Access Bank Introduces Reward Scheme In a bid to create a rewarding experience for its customers, Access Bank has just introduced a loyalty solution tagged REAL -Rewarding Every Act of Loyalty. The solution, according to a statement from the bank, was introduced to reward existing bank customers for their support over the years. â€œREAL is a pan-banking program offering multiple ways to earn points through the usage of the bankâ€™s transactional platforms such as ATMs; PoS terminals; credit/debit cards; mobile and online platforms. â€œThe redemption suite of REAL incorporates many categories within its scope including travel, gift vouchers, shopping and more. â€œEach category has a bundle of multiple options to be redeemed via 900 airlines,

450,000 hotel stays, 150,000 car rentals and numerous leading partner brands to shop from,â€? the statement explained. Speaking on the initiative, the Executive Director, Personal Banking Division, Access Bank, Victor Etuokwu said the solution would enable the bank grow a portfolio of actively transacting customers and drive financial inclusion whilst encouraging customers by rewarding every interaction (financial and nonfinancial). â€œAt Access Bank, we remain committed to enhancing customer experience as well as rewarding our customers for their steadfast support over the years. They have the option of choosing other banks but they have decided to bank with us and for that, they deserve to be rewarded,â€? he added. He said customers have the option of redeeming earned

points within or outside Nigeria and we have put in place the necessary resources, policies, procedures and controls to ensure a smooth process of redeeming all earned points. Also, all existing and new customers are eligible for the scheme. But they would all be required to visit the loyalty portal to sign up for it. â€œThis solution is in partnership with a world class payment and loyalty solutions provider with a global footprint in over 35 countries. â€œAs part of its continued growth strategy, Access Bank is focused on mainstreaming sustainable business practices into its operations. The bank strives to deliver sustainable economic growth that is profitable, environmentally responsible and socially relevant,â€? the bank stated further.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

DECEMBER 2016 Broad Money (M2)

23,840,392.42

-- Narrow Money (M1)

11,520,166.67

---- Currency Outside Banks

1,820,415.90

---- Demand Deposits

9,699,750.76

-- Quasi Money

12,320,225.75

Net Foreign Assets (NFA)

9,353,504.03

Net Domestic Assets(NDA)

14,486,888.39

-- Net Domestic Credit (NDC)

26,774,684.47

---- Credit to Government (Net)

4,595,579.89

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

7,436,917.79

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

-2,841,337.90

---- Credit to Private Sector (CPS)

22,374,718.08

--Other Assets Net

-12,483,409.58

Reserve Money (Base Money)

5,837,322.41

--Currency in Circulation

2,179,174.28

--Banks Reserves

3,318,344.71 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

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

10.39

Monetary Policy Rate (MPR

14.00

Treasury Bill Rate

13.96

Savings Deposit Rate

4.18

1 Month Deposit Rate

8.53

3 Months Deposit Rate

8.80

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Prime Lending rate

17.09

Maximum Lending Rate

28.55

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

OPEC DAILY BASKET PRICE AS AT FRIDAY, 18 AUGUST 2017

The price of OPEC basket of fourteen crudes stood at $48.86 a barrel on Friday, compared with $48.07 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela)

˾ TUESDAY, AUGUST 22, 2017

Nigeria’s top 50 stocks based on market fundamentals

21-Aug-17 18-Aug-17

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

Table 1 Market Statistics Mkt Indicators

01 Dangote Cement Plc

215.62

225.00

-4.17%

3,674,274,206,666.10

10.95

19.69

5.97

3.71%

4.61

02 Nigerian Breweries Plc

183.50

181.02

1.37%

1,454,990,012,948.00

3.58

51.20

4.64

1.96%

8.77

03 Guaranty Trust Bank Plc

40.70

39.50

3.04%

1,197,848,994,416.80

4.49

9.06

2.89

4.35%

2.37

1,210.01

1,210.00

0.00%

959,121,991,482.52

10.00

121.03

5.27

2.40%

31.06

05 Zenith Bank Plc

24.00

24.53

-2.16%

753,515,850,864.00

4.13

5.81

1.48

7.50%

1.07

Table 3 Top 5 Gainers

06 Stanbic IBTC Holdings Plc

38.11

38.85

-1.90%

381,100,000,000.00

2.85

13.36

2.44

0.26%

2.71

Stock

07 United Bank for Africa Plc

9.27

9.35

-0.86%

336,311,209,004.94

1.99

4.65

0.88

6.47%

0.75

18.00

17.60

2.27%

330,291,921,870.00

0.68

26.61

0.56

3.44%

0.53

9.90

9.86

0.41%

286,386,919,146.90

13.18

0.75

5.56%

0.63

71.98

0.00%

285,794,937,699.10

0.03 2,461.71

4.01

1.81%

6.83

482.00

0.00%

266,695,570,866.00 -82.02

-5.88

4.21

3.30%

0.71

12 Lafarge Africa Plc

58.50

59.00

-0.85%

266,461,755,885.00

3.71

15.77

1.21

5.13%

1.07

13 FBN Holdings Plc

6.00

6.02

-0.33%

215,371,756,752.00

0.21

28.92

0.40

2.50%

0.34

14 Unilever Nigeria Plc

46.00

45.50

1.10%

174,031,627,500.00

0.81

56.65

2.49

0.11%

14.89

15 Dangote Sugar Reﬁnery Plc

12.78

12.81

-0.23%

153,360,000,000.00

1.20

10.65

0.90

3.91%

2.32

16 Guinness Nig Plc

85.00

0.00%

128,000,495,980.00

-3.06

-27.80

1.24

3.76%

3.25

17 International Breweries Plc

34.50

34.01

1.44%

113,651,600,160.00

0.02 1,531.16

4.27

0.72%

10.36

7.13

0.00%

85,806,832,714.22

0.29

24.56

0.19

10.52%

0.45

31.00

28.51

8.73%

81,351,352,797.00

-1.19

-25.98

0.19

6.45%

0.82

20 Mobil Oil Nig Plc

225.06

0.00%

81,155,569,665.72

22.61

9.95

0.86

3.20%

3.78

21 Total Nigeria Plc

228.11

0.00%

77,448,326,238.07

43.58

5.23

0.27

6.14%

3.29

22 Okomu Oil Palm Plc

69.09

0.00%

65,905,641,900.00

5.15

13.42

4.59

0.14%

3.87

23 Forte Oil Plc.

50.00

0.00%

65,124,055,150.00

2.22

22.53

0.44

6.90%

1.50

24 7-Up Bottling Comp. Plc

96.96

0.00%

62,111,641,596.48 -21.86

-4.44

0.55

2.27%

5.76

1.42

1.34

5.97%

54,983,816,343.50

-0.03

-48.79

0.93

0.00%

0.64

35.99

0.00%

47,506,800,000.00

-2.89

-12.45

0.34

4.17%

0.68

1.28

0.00%

37,072,109,685.76

0.39

3.31

0.25

12.50%

0.20

28 National Salt Co. Nig. Plc

13.02

12.81

1.64%

34,495,687,681.56

0.91

14.28

1.89

4.22%

4.29

29 U A C N Plc

16.50

16.00

3.13%

31,694,262,385.50

3.37

4.89

0.42

6.06%

0.42

30 Sterling Bank Plc

1.04

0.00%

29,942,034,851.04

0.18

5.80

0.27

8.65%

0.35

31 Diamond Bank Plc

1.25

1.20

4.17%

28,950,486,210.00

-0.29

-4.26

0.14

0.00%

0.13

32 PZ Cussons Nigeria Plc

26.93

0.00%

26,930,000,000.00

5.69

4.74

1.88

0.37%

0.72

33 Glaxo Smithkline Consumer Nig. Plc

21.00

0.00%

25,113,406,248.00

3.51

5.98

1.75

1.43%

1.47

34 Cap Plc

34.40

0.00%

24,080,000,000.00

2.17

15.84

3.53

3.34%

16.72

1.20

1.18

1.69%

23,763,252,937.20

0.72

1.66

0.13

8.33%

0.13

12.07

0.00%

22,669,898,622.80

-0.64

-18.74

0.70

10.77%

2.15

37 Custodian And Allied Insurance Plc

3.61

0.00%

21,233,529,743.95

0.91

3.98

0.55

3.88%

0.71

38 Mansard Insurance Plc

1.95

2.05

-4.88%

20,475,000,000.00

0.25

7.77

0.99

2.56%

1.01

39 Wema Bank Plc

0.51

0.53

-3.77%

19,672,977,701.31

0.07

7.59

0.37

0.00%

0.41

40 Honeywell Flour Mill Plc

2.10

2.00

5.00%

16,653,415,081.80

-0.40

-5.19

0.35

7.62%

0.50

41 Continental Reinsurance Plc

1.30

0.00%

13,484,567,605.60

0.42

3.10

0.61

9.23%

0.72

42 Cement Co. Of North.Nig. Plc

9.20

9.22

-0.22%

11,561,435,447.20

1.29

7.12

0.72

1.09%

0.92

43 Skye Bank Plc

0.64

0.67

-4.48%

8,883,392,902.40

-2.93

-0.22

0.05

46.88%

0.09

44 Unity Bank Plc

0.60

0.58

3.45%

7,013,602,765.20

0.19

3.21

0.08

0.00%

0.08

45 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.18

2.78

0.85

6.00%

0.41

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 Nigerian Aviation Handling Company Plc

3.43

3.27

4.89%

5,571,070,312.50

0.36

9.59

0.70

5.83%

0.86

48 Fidson Healthcare Plc

3.32

3.28

1.22%

4,980,000,000.00

0.21

15.72

0.65

1.51%

0.76

49 UACN Property Development Co. Limited

2.75

0.00%

4,726,562,486.25

-0.90

-3.05

0.74

25.45%

0.14

50 AIICO Insurance Plc

0.57

0.56

1.79%

3,950,216,553.60

1.48

0.39

0.15

8.77%

0.45

04 Nestle Nigeria Plc

08 Ecobank Transnational Incorporated 09 Access Bank Plc 10 Presco Plc 11 Seplat Petroleum Dev. Co. Ltd

18 Oando Plc 19 Flour Mills Nig. Plc

25 Transnational Corporation Of Nigeria Plc 26 Julius Berger Nig. Plc 27 Fidelity Bank Plc

35 FCMB Group Plc 36 Cadbury Nigeria Plc

TOTAL

12,033,876,032,196.00

TOTAL MARKET CAP

12,725,510,339,197.40

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

94.56%

NSE All Share Index NSE Market Cap (N'Trillion) Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Open 18-Aug-17

Close 21-Aug-17

Change %

36,920.56 12.73

36,584.44 12.61

-0.91% -0.91%

155.98 12.15

154.55 12.03

-0.92% -0.92%

Open Close Change % 18-Aug-17 21-Aug-17

Flour Mills Nig. Plc Transnational Corporation Of Nigeria Plc Honeywell Flour Mill Plc Nigerian Aviation Handling Company Plc Diamond Bank Plc

28.51 1.34

31.00 1.42

8.73% 5.97%

2.00 3.27

2.10 3.43

5.00% 4.89%

1.20

1.25

4.17%

Table 4 Top 5 Losers Stock

Open Close Change % 18-Aug-17 21-Aug-17

Mansard Insurance Plc Skye Bank Plc Dangote Cement Plc Wema Bank Plc Zenith Bank Plc

2.05 0.67

1.95 0.64

-4.88% -4.48%

225.00 0.53 24.53

215.62 0.51 24.00

-4.17% -3.77% -2.16%

Market begins week with 0.91% depreciation Market pulse on the Nigerian Stock Exchange (NSE) today - Monday, August 21st, 2017 ended negative as the market closed red. This was further highlighted by negative performance from the NSE Subsectors: Insurance and Oil & Gas (Save Banking and Consumer Goods). However, trading activities increased in volume as 368.38 million shares worth N6.27 billion in 3,729 deals exchanged hands today. This is an increase from the 236.62 million shares worth N4.81 billion in 3,803 trades carried out on Friday. Topping in volume terms are: AIICO Insurance Plc, Guaranty Trust Bank Plc and Zenith Bank Plc; while Guaranty Trust Bank Plc and Dangote Cement Plc ended trading as the most active stocks in value terms. Brent crude oil price today currently sells at US$51.65 per barrel while it grew by 3.11% to $52.72 per barrel against Friday’s closing ﬁgure of $51.03 per barrel. The All Share Index (NSEASI) closed negative with 0.91% (-336.12) decrease to close at 36,584.44 from 36,920.56 the previous trading day. Market capitalization depreciated in tandem to N12.61 trillion from N12.73 trillion of prior trading day. Similarly, the Thisday BGL 50 Index closes with a decrease of 0.92% to 154.55 from 155.98 recorded at the end of the previous trading day, while its market capitalization stood at N12.03 trillion from N12.15 trillion of the previous trading day. A total number of 27 stocks gained on the bourse today while 16 stocks declined, leaving 65 stocks unchanged. Leading the pack was Flour Mills Nig. Plc with a gain of 8.73% to close at N31.00 per share. It was followed by Transnational Corporation Of Nigeria Plc with a gain of 5.97% to close at N1.42 per share. Others on the gainers’ list include: Honeywell Flour Mill Plc, Nigerian Aviation Handling Company Plc and Learn Africa Plc. On the decliners’ list, Vitafoam Nig. Plc again led with a loss of 5.00% to close at N2.66 share. It was closely followed by Mansard Insurance Plc with a loss of 4.88% to close at N1.95 per share. Others on the decliners list include: SCOA Nig. Plc, Paints And Coatings Manufactures Plc and Skye Bank Plc. Flour Mills Nig. Plc emerged the toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 8.73% to close at N31.00 per share. It was again followed by Transnational Corporation Of Nigeria Plc with a gain of 5.97% to close at N1.42 per share. Others on the gainers chart include: Honeywell Flour Mill Plc, Nigerian Aviation Handling Company Plc and Diamond Bank Plc. On the decliners’ list, Mansard Insurance Plc led with a loss of 4.88% to close at N1.95 per share. It was closely followed by Skye Bank Plc with a loss of 4.48% to close at N0.64 per share. Others on the decliners’ list are: Dangote Cement Plc, Wema Bank Plc and Zenith Bank Plc.

REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the ﬁrm may have a conﬂict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

TUESDAY, ͰͰ˜ ͺ͸͹͵ ˾ T H I S D AY

MARKET NEWS

Market Capitalisation Sheds N116bn as Bellwether Stocks Decline Goddy Egene The equities market shed N115.9 billion yesterday to close on bearish note as bellwether stocks came under the pressure of profit taking. Similarly, the Nigerian Stock Exchange (NSE) All-Share Index declined by 0.91 per cent to close at 36,584.44. Although there were more price gainers (27) as against 16 price losers, losses recorded

by bellwether stocks such as Dangote Cement Plc, Zenith Bank Plc, Nestle Nigeria Plc, FBN Holdings Plc among others caused the decline in market value. According to analysts at Meristem Securities Limited, in spite of the price appreciation recorded on a number of tickers, the Nigerian bourse began the week on the negative note largely on the back of the profit

T H E

taking witnessed on Dangote Cement. They said they expect a continuation of the current mixed sentiments in the coming trading days. The market had three negative trading days and two positive days last week. But gains recorded in the two days were enough to offset the losses, hence the market closed last week with a decline of 3.4 per cent. And as trading resumed for

N I G E R I A N

this week, the market opened with a decline of 0.91 per cent yesterday. Vitafoam Nigeria Plc led the price losers with 5.0 per cent, trailed by AXA Mansard Insurance Plc with 4.8 per cent. SCOA Nigeria Plc went down by 4.7 per cent. Paintcom shed 4.6 per cent, just as Skye Bank Plc and Dangote Cement Plc dipped by 4.4 per cent and 4.1 per cent in that order. On the positive side, Flour

STO C K

Mills of Nigeria Plc led with 8.7 per cent, trailed by Transcorp Plc with 5.9 per cent. Honeywell Flour Mills Plc and Dangote Flour Mills Plc appreciated by 5.0 per cent each, just as LearnAfrica Plc and Nigerian Aviation Handing Company Plc chalked up 4.9 per cent and 4.8 per cent in that order. Market performance across sectors showed that two sectors closed negatively, while two

E XC H A N G E

ended in the bulls’ territory. The NSE Banking Index advanced the most, up rising by 0.8 per cent due to price appreciation in GTBank and Ecobank Transnational Incorporated. Similarly, the Consumer Goods Index expanded 0.7 per cent. On the flip side, the NSE Industrial Goods Index led with 2.3 per cent while the NSE Insurance Index slid The Oil & Gas index closed the day flat.

˾ TUESDAY, AUGUST 22, 2017

MARKET NEWS

Greenwich Courts Investors, Floats Nigeria Entertainment Fund Goddy Egene Greenwich Asset Management Limited (GAML), a subsidiary of Greenwich Trust Limited, is set to float the Nigeria Entertainment Fund, a balanced mutual fund aimed at promoting investment culture, especially among practitioners of the entertainment industry and contributing to its growth. The fund, which is the first of its kind, targets to raise N1 billion through

the issuance of 10,000,000 units at N100 per unit from investors within and outside the entertainment industry. The N1 billion will be raised through an Initial Public Offer (IPO), which has been approved by the Securities and Exchange Commission (SEC) to open on August 28, 2017. In his remarks at a meeting held by GAML with some key practitioners in the industry, a renowned actor and an independent investment committee member

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

of the fund, Mr. Richard Mofe-Damijo acknowledged the initiative as a welcome development. “I am happy to be part of this initiative by GAML. I believe much better results emerge when professionals do what they know best, in this case we face our entertainment business and leave the management of our investments to professional managers like Greenwich,” Mofe-Damijo said. In his presentation at the meeting with the theme:

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 18-August-2017, unless otherwise stated.

“Promoting investment culture and enhancing growth in the Nigeria entertainment industry,” Managing Director of GAML, Dayo Obisan, highlighted the growth and prospects of the industry and positive impact on the income of practitioners. “The growth prospect of the industry and the unpegged income of the players form a compelling consideration for us to create a financial product that further promotes the culture of savings and investment

among practitioners, also to contribute to the industry’s development,” he said. He explained that the fund is structured as an open-ended one and plans to make annual distributions to investors. “The fund seeks to promote investment culture among participants in the entertainment industry and will provide investors an opportunity to earn returns from investing in investment– grade instruments including listed equities, sovereign and corporate debt obligations, real

estate and strategic investments in the entertainment industry,” Obisan stated. Speaking on the experience of GAML in asset and fund management, the MD said the company is also the fund manager to the Greenwich Plus Fund, a money market fund, which recorded a 144.8 per cent subscription at its IPO in August 2016 and which has continually paid quarterly income distributions to its investors since commencement of operations.

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 174.58 174.97 37.35% Nigeria International Debt Fund 230.00 230.46 8.21% 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 0.80 0.81 14.87% 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 18.76% 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 17.17 17.68 39.05% ARM Discovery Fund 361.14 372.03 25.76% ARM Ethical Fund 25.94 26.72 16.10% ARM Money Market Fund 1.00 1.00 18.03% 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 141.00 141.99 34.05% AXA Mansard Money Market Fund 1.00 1.00 18.65% 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 19.60% Paramount Equity Fund 11.50 11.80 22.89% Women's Investment Fund 93.23 95.62 10.21% 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 19.01% 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 1,111.10 1,112.19 9.67% FBN Heritage Fund 141.29 142.55 26.76% FBN Money Market Fund 100.00 100.00 18.18% FBN Nigeria Eurobond (USD) Fund - Institutional $109.62 $110.59 6.60% FBN Nigeria Eurobond (USD) Fund - Retail $109.03 $110.00 6.76% FBN Nigeria Smart Beta Equity Fund 153.82 156.04 36.61% 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 1.34 1.37 44.15% Legacy Short Maturity (NGN) Fund 2.83 2.83 10.18% 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 2,850.34 2,893.82 29.25% Coral Income Fund 2,327.41 2,327.41 10.60% 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 14.69% 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 18.39% Vantage Balanced Fund 2.08 2.10 23.82% Vantage Guaranteed Income Fund 1.00 1.00 18.29%

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 1.12 1.14 13.34% Lotus Halal Fixed Income Fund 1,032.05 1,032.05 7.38% 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 13.00 13.10 34.49% Meristem Money Market Fund 10.00 10.00 19.10% 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 14.22% PACAM Fixed Income Fund 10.72 10.77 3.11% PACAM Money Market Fund 10.00 10.00 14.83% 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 120.26 122.27 18.62% 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 1.35 1.35 8.69% 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 2,172.03 2,184.23 18.61% Stanbic IBTC Bond Fund 161.94 161.94 5.18% Stanbic IBTC Ethical Fund 0.99 1.00 29.22% Stanbic IBTC Guaranteed Investment Fund 206.75 206.75 10.63% Stanbic IBTC Iman Fund 177.01 179.37 36.37% Stanbic IBTC Money Market Fund 100.00 100.00 18.55% Stanbic IBTC Nigerian Equity Fund 9,588.54 9,697.23 26.42% 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 1.30 1.29 15.14% United Capital Bond Fund 1.38 1.38 13.30% United Capital Equity Fund 0.86 0.84 25.17% United Capital Money Market Fund 1.10 1.10 16.39% 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 12.49 12.68 28.58% Zenith Ethical Fund 13.12 13.26 19.76% Zenith Income Fund 18.51 18.51 11.97%

REITS NAV Per Share

Yield / T-Rtn

11.41 129.51

1.01% 4.54%

Bid Price

Offer Price

Yield / T-Rtn

11.02 109.32

11.12 111.39

27.63% 44.27%

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

4.30 9.58 17.03 21.17 131.91

4.34 9.66 17.13 21.37 133.91

55.36% 36.07% 42.46% 32.52% 2.32%

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.

ͻ ŽŶƟŶƵĞĚ ĨƌŽŵ ƉĂŐĞ ϳ

T H I S D AY TUESDAY AUGUST 22, 2017

TUESDAY, AUGUST 22, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Barcelona Attack: Man Shot Dead in Hunt for Suspect Police hunting the chief suspect in last Thursday’s Barcelona van attack have shot dead a man to the west of the city who appeared to be wearing an explosive belt, Spanish media say. The shooting is said to have happened on a road in the Subirats area. Earlier, police confirmed they were hunting for Younes Abouyaaqoub, 22, suspected of driving a van into dozens of people on Las Ramblas. Spanish media are reporting Abouyaaqoub is the man killed. But Spanish police have yet to officially confirm this.

Media reports quoting police sources said the man targeted in Subirats shouted “Allahu Akbar” (“God is Greatest”) when confronted. The operation took place some 25 miles (40km) from Barcelona, where Thursday’s attack on Las Ramblas killed 13. An extensive manhunt was under way. At an earlier news conference, police described how after the attack Abouyaaqoub made his escape on foot to the outskirts of the city where he hijacked a car. CCTV footage in Spanish media appears to show him walking through a market

district shortly after the attack. Some 90 minutes after mowing down dozens of people on the central Las Ramblas avenue, Abouyaaqoub fled to the city’s university district, police said. Abouyaaqoub is alleged to have hijacked the car before driving it through a police checkpoint and later abandoning the vehicle. Police say he may have crossed into France. The male driver of the car, Pau Pérez, 34, from Vila Franca, was found stabbed to death in the back seat, becoming the 15th victim of the Barcelona bloodshed and a later attack in the resort of Cambrils.

Total Solar Eclipse Moves Across US The moon has completely blocked out the sun’s rays in a rare total solar eclipse over North America. The total eclipse, centred in a 100-kilometer-wide band stretching across 14 states, was first visible in the United States in Madras, Oregon in the north-western US starting at 10:19 a.m. and lasting for about two minutes. The temperature dropped by a couple of degrees and

the corona, the outermost part of the sun’s atmosphere, was visible as a glowing ring. The eclipse, according to the News Agency of Nigeria (NAN) began moving across the US, ending in South Carolina yesterday afternoon. The National Aeronautics and Space Administration (NASA) recently reported that there would be a total solar eclipse with a path that would cross the US from coast to coast and be visible

on August 21, beginning at 12:00 p.m. yesterday. The historic event was called “The Great American Eclipse” and marked the first time since 1979 that a total solar eclipse would be visible from the contiguous U.S. During the eclipse, which began in Oregon, the moon completely blocked the sun, and traveled diagonally across the country until it reached South Carolina.

WEEKLY PULL-OUT

‘BARRIERS SHOULDN’T EXIST IN AFRICAN LEGAL COMMUNITY’

22.08.2017

Mr. Hannibal Uwaifo

10/COVER

22.08.2017

‘BARRIERS SHOULDN’T EXIST IN AFRICAN LEGAL COMMUNITY’ Judges in this category. There are also some very bad ones, who are soiling the image and good work of the Judiciary. The Judiciary in Africa has real problems. We can’t hide from it. While I agree that we must be careful not to bring down this all important organ of the ancient and modern world, the position of AFBA is that corrupt judicial officials, must be fished out and severely punished, no shielding, no rhetorics. They must go down with their accomplices in the legal profession, no stories. If a Judge condescends to the level of collecting bribes and living in opulence, I don’t believe he should be invited nicely, wear tie and come to an air conditioned room to explain. The place to explain is at the Police Station. Like every other Citizens, Judges are not above the Law. They should not be given any preferential treatment, if they desecrate the altar of justice. However, due process must be followed. Short cuts are not allowed, like every one of us, they also have rights. Media trials are very unhelpful. At the level of AFBA, we are working on a document that will be helpful to Governments across the Continent. We will need to look at the structures, access to justice, recruitment, slow judicial process and so on. What can AFBA do about the plight of young lawyers with regard to poor remuneration and welfare? The issue of young Lawyers, is a very touchy issue amongst the leadership of AFBA. Young Lawyers in many parts of the Continent are poorly paid and their work conditions are not clear. Yet, the economic situation is challenging. These young Lawyers, are also expected to conduct themselves in the best tradition of the Bar. Dress nicely and neatly. How can they command the respect they so richly deserve? This is the paradox. Our position at the AFBA, is that National Legal Associations must face this matter squarely, we must methodically engage our colleagues and their concerns. We had a very beautiful young Lawyers Session, at our 2017 Annual Conference which just ended in Port-Harcourt. Various solutions were proposed, and they are currently being processed by the Young Lawyers Forum. I believe we should wait for them to conclude and make recommendations, then we can add ours. What is the relationship of AFBA with other regional bodies like the Pan African Lawyers Union (PALU), West African Bar Association (WABA), AHADA, etc? The African Bar Association will like to have cordial relations with all regional bodies and Bar Associations. The Pan African Union, is a body of Lawyers that have done well for themselves and the aims they seek to project. You will notice that of recent, some individuals who claim to be associated with them, have made it a past time to say negative things about AFBA. Our irrepressible Chairman of the Governing Council, Joseph B. Daudu, SAN, has publicly stated our position. However, I want to add that, PALU is not a replacement or a successor of the African Bar Association. That is a fallacy and an irresponsible joke. The AFBA went to sleep as a result of several regrettable issues which the last President, Mr. Charles Idehen has spoken extensively about. You can interview him. The last known full meeting of the African Bar Association was held in Abidjan, Cote d’Ivoire. Myself and the likes of Chief Ofulue, former Chairman, NBA Lagos, Late Mr. Akinola Aina also former NBA, Lagos Chair, Chief Kunle Uthman, Late Mr. Obi Okwusogu, Chief Richard Ohanaruogho, to mention a few attended from Nigeria. I remember that the present President of Ghana, Mr. Nana Akufo-Ado also attended. Mr. Josef Joof of Gambia was Vice President to Mr. Idehen, he presided because Mr. Idehen could not make the meeting due to some circumstances beyond his control. After this, Mr. Idehen never authorised any meeting again, and none was even held anywhere in Africa until 2011, when the move to resuscitate the Association began in Kampala, Uganda and I was there in 2014 at the Annual Conference of the IBA, Mr. Idehen wrote to all Lawyers present on the need to re-start the African Bar Association. This was followed through till September, 2015 when an interim Executive Council was formed in Dar es Salam, Tanzania. The Council was later confirmed at the maiden stakeholders meeting held in Abuja in 2016, and the Executive Council elected a Governing

CONTINUED FROM PAGE 9

"FRANCE HAS DONE PRACTICALLY NOTHING TO CHECK ITS APPOINTEE, PRESIDENT BIYA" Council with Mr. J.B. Daudu, SAN of Nigeria, as Chairman. I, having earlier been elected President. The then Vice President of the Tangayika Law Society, Mrs. Flavania Charles became Secretary-General and so on. Since then, we have moved on, held the maiden Conference in Harare, Zimbabwe and recently in Port-Harcourt, Nigeria. Next year, the African Bar Association Annual Conference, will be staged in Nairobi, Kenya. I need to add that Mr. Idehen, the last elected President of the AFBA, came forward and handed all properties of AFBA to me and similarly handed over to J.B. Daudu, SAN as Chairman of Council, since Mr. Idehen was also former Chairman of Council. For the record, we want PALU to exist in its own right, and pursue its own programmes. AFBA will encourage them. It is just that, some misguided individuals amongst them, need to stop making irresponsible remarks about African Bar Association, AFBA is the father of all. We have recently signed a co-operation agreement, with the International Institute of Human Rights and Criminal Justice formed since 1947 and based in Italy. We are in full co-operation and in partnership with the International Criminal Court Bar Association based in The Hague, and we will sign a partnership agreement this month. There is a proposal on our table for AFBA to hold a Regional Conference with the International Bar Association next year. We will work with and cooperate with all bodies, including PALU. How does AFBA handle language issues amongst its member Associations and law societies. Some are Francophone, Anglophone and Luxaphone and of course, jurisdictional issues? Some operate civil law, while others operate common law. As the oldest Continental body, AFBA must ensure that every part of the Continent is carried along. You have a right to be anything in the Association whether you speak French, Arabic, English or Portuguese. We are not where we should be yet, having just been re-launched, but we will get there. At the Port-Harcourt Conference, we had French and English translations that went well. The Headsets worked perfectly. In Nairobi, Kenya in 2018, we are going to add Arabic and Portuguese. Despite language barriers, we still communicate effectively. Some understand a little English, some speak little French. Recently, I was in Bamako, Mali as a Guest of the Malian Bar Association, and we were able to deal

without language barriers. No barriers must exist in the African Legal Fraternity. AFBA will ensure this. There are other factors responsible for this, including self-inflicted ones like brazen corruption and impunity, but the main issue was marginalisation and discrimination against them by the so-called majority. This is what has led to the problems in the Niger Delta that almost crippled the entire Nigeria. These are the problems in Somalia, in Sudan, Gambia, Cote d’Ivoire, Zambia, etc. The AFBA has a Women, Children and Minority Rights Committee. What has it done to stem the tide of child marriage in Africa and genital mutilation of the girl child in the name of female circumcision? How has the Committee made an impact in its ﬁeld in Africa? The importance of women, children and the minority in a Community cannot be over-emphasised. They probably represent the weakest in the society, and the most vulnerable. The Constitution protects them. However, in practice, these people are often cheated or taken for granted. The result is catastrophic. Our children are made to do hard labour, sell recharge cards, pure water, crayfish and many other odd jobs, at such tender ages, when they should be under our loving care and should be in school or some training centres preparing for the future. Our children in the Universities fend for themselves and have to do this through all manner of ways. Some trade and have little time to study, while others go into prostitution. The rest are on exile abroad or dying in their thousands in the Mediterranean Sea, while fleeing for greener pastures. Minority rights, have led to several conflicts in our Continent and other parts of the world. Women are often taken for granted, whereas they are the pillar of a Great Society. Children are ignored, and told to keep quiet and just obey blindly. In most African Countries till today, they are maltreated, even though their rights are constitutionally and traditionally guaranteed. Yet often times, they make the greatest contributions. Take as an example Nigeria, the so- called minority tribes of Southern Nigeria are the wealth of the Nation, but what have they to show for it? Although, we are in serious trouble in Africa. Kidnapping and money making rituals are prevalent. Some are so idle that they have to take on jobs as hired assassins to make a living. Yet our Leaders hold A.U, ECOWAS, U.N, E.A.U and other regional, sub-regional and international meetings every time. No cohesion, no concrete plan to stem these monsters. For us in the African Bar Association, we are not only interested in passing laws, but in their practical implementation, children must be taken off the streets, women must be respected in the true sense, naturally and

by positive affirmation. Iyom Josephine Anenih is the Chairperson of our Forum for Women Lawyers. She is doing a great job and as a practical person, which she is, we are working quietly. Very soon, you will hear us loud and clear. We are working on the Child Rights Forum. In Nigeria, Lagos State is at the fore-front of Women and Children’s Rights. They have done so well, that their experience and focus is helping us in creating a methodical approach across the Continent. Now, I can assure you, we are ready to take on Governments and Institutions, who do not respect these rights. They are scared and we are prepared to go to Legal War for them. It seems that Africa still has quite a distance to go in perfecting the electoral processes in many of the countries. Aside from African Presidents looking for ways to become sit-tight Presidents for life, there always seem to be pre and/or post electoral issues, sometimes erupting into violence. Even the just concluded Presidential election in Kenya. The opposition who seemed to be more than dissatisﬁed with the results, went as far as asking the people to boycott work on 14/8/2017, while there was burning of tyres etc in some areas. What could be the reason for the incessant electoral problems? The problem in Africa is that we think that election is an end in itself, No. election is a means of choosing people amongst us, to work for us and gain our trust. Election is about choices. It is about our future. Unfortunately, both the Politicians and those of us who vote, have a different things in mind. We want to vote in our friends, relations, tribesmen and women. We want to vote those that share the same religions, beliefs. Of course, we vote according to economic considerations. We want to be appointed into positions of advantage, and seize the economic benefits. Politicians’ eyes are fixed on how to amass wealth, to the disadvantage of majority of the citizens. Key issues that bedevil the polity are left to the dogs, but pretence is made about some manifesto. Some road maps, blueprints for recovery and all the big talk. In most African States, it is all a sham. Those who eventually get to power have no reason being there. They get there by accident or by sentiments. Some by Federal character. So you have electoral violence. Elections are manipulated. Election results are falsified. The contests are so fierce, that they have led to wars, civil strife with divesting social and economic consequences. Take Liberia, take Sudan. Look at Somalia, Cote d’Ivoire, Egypt, Ethiopia, Burundi, Nigeria, Gabon, Central African Republic, we can keep counting. In the case of Nigeria my Country, it is all about looting the treasury. The sheer magnitude of corruption being revealed everyday, speaks volumes. Not that it has ceased, but the present Government has revealed more than can be imagined, but what is happening? The Citizens are quiet, struggling for the crumbs. Fighting religious and ethnic arguments. The Country keeps sinking. Nobody is punished for what has brought the Country to its knees. Everybody is discharged and acquitted. There is no evidence. The Prosecutor failed to prosecute properly. The investigation was a sham. Yet impunity reigns. There is evidence that the treasury has been looted. Nobody is held accountable. We are in a rat race. Fighting ourselves and stealing from ourselves. Killing our Country and killing our future and the future of our children. Generations yet unborn, accents yet unknown. Kenya’s case is not different. At every election, the Country erupts in violence. The loser is unwilling to accept defeat. The seat belongs to me or no one else. I am too loved to lose an election, they mobilise religions and ethnic sentiments. Then the Government panics, and in desperation, makes Constitutional mistakes. We need to warn all those who fan election violence in Kenya, that the AFBA will hold them accountable to the people of Kenya. Election results as announced by the electoral umpire, must be respected and the legal avenues as provided by law, should be used to redress grievances. Any other method, no matter the anger, is a violation of International Law and AFBA, will explore international and local remedies to save Africa from this dangerous malaise. We shall be working with the Law Society of Kenya, to ensure that justice is done. We support all that the LSK has done so far, and we will be monitoring the situation, and give useful advice when necessary or requested.

22.08.2017

/11

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Is Hate Speech Terrorism?

in this statute (and similar laws) can be strengthened simply by amending them.

Introduction

he increasing incidents of inflammatory speeches, clearly designed to stoke ethnic and communal hatred, has led to calls for legislative intervention by the Nigerian State. Those calls are evidently informed by the belief that, there is a lacuna or gap in our existing laws on the subject. But, is that really the case? Acting President Prof. Yemi Osinbanjo, SAN, does not seem to think so, as in his opinion, hate speech is “a specie of terrorism” under the Terrorism (Prevention) Act, 2011 as amended. Is he correct? If he is, does that law violate the right to free speech guaranteed under the Constitution? The issues are examined below. But, first . . . What is Freedom of Speech? Section 39(1) of the 1999 Constitution provides that “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart information without interference”. Similarly, Article XIX of the United Nations Universal Declaration of Human Rights provides that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” By the same token, Article IX of the African Charter on Human and Peoples Rights provides that “Every individual shall have the right to receive information and the right to express and disseminate his opinions within the law.” Whilst the African Charter is enforceable in Nigeria, the United Nations Universal Declaration of Human Rights is not: see the African Charter on Human and Peoples Rights (Ratiﬁcation and Enforcement) Act 1981. The Constitution is, however, supreme. By virtue of Section 45 of the Constitution, the right to freedom of speech can be derogated from by any law that is “reasonably justifiable in a democratic society for the purpose of protecting the rights and freedom of other persons or in the interest of public defence, public safety, public order, public morality or public health.” In other words, the right to freedom of speech is not absolute. This means that one person’s right to freedom of speech stops where another person’s right to his or her dignity, reputation or property starts. See EFCC v HASSAN (2014) INWLR pt. 1389 pg. 607 and UKAEGBU v NBC (2007) 14 NWLR pt. 1055 pg. 551. It was in this regard, that the court held in ADIKWU v FED. HOUSE OF REPRESENTATIVES (1982) 3 NCLR 394 @ 412 that the Constitutional guarantee of free speech “does not authorise any person to publish false news.” See also SENATE v TONY MOMOH (1983) 4 NCLR 269 @ 296 where it was held that the Constitutional right to freedom of expression “does not protect the disseminator from disabilities or liabilities such as the law of libel”. It is for this reason, that both the Penal Code and the Criminal Code in force in the Northern and Southern States respectively, criminalise offensive or inappropriate language/speech. For instance, Sections 417, 418 and 419 of the Penal Code, provide thus respectively: Section 417:- “Whoever seeks to excite hatred or contempt against any class of persons in such away as to endanger the

Is Hate Speech Terrorism? As previously stated, the Acting President Prof. Yemi Osinbajo, SAN, has invoked the Terrorism (Prevention) Act, as amended, against purveyors of hate speech. That law prescribes penalties of between three (3) years imprisonment and death, as well as fines of up to N150 million for anyone who engages in “acts of terrorism” within the meaning of the Act. The key word in the provision is “act”. This word is used either as a verb or a noun. It is clear that, it is used in the latter sense in the Act. An Online Dictionary defines the noun variant as “a thing done; a deed” as in “a criminal act”. I submit that while the Terrorism (Prevention) Act includes “any act which may cause serious damage to a population”, within the definition of “terrorist acts”, in the light of the definition of “act” above, it would be something of a stretch, to describe hate speech as terrorism.

Acting President, Professor Yemi Osinbajo, SAN

public peace shall be punished with imprisonment for a term which may extend to three years or with fine or with both.” Section 418:- “Whoever circulates, publishes or reproduces any statement, rumour or report which he knows or has reason to believe to be false with intent to cause or which is likely to cause fear or alarm to the public whereby any person may be induced to commit an offence against the public peace, shall be punished with imprisonment which may extend to two years or with fine or with both.” Section 419:- Whoever has in his possession without lawful excuse, the proof of which shall lie on him, any book, pamphlet or paper, gramophone record, tape recording, drawing, printing, photography, cinema film or other visible or audible representation or reproduction, the publication or exhibition of which would constitute an offence under sections 416, 417 or 418, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.” Similar provisions are contained in the Criminal Code, as aforesaid. That being the case, one cannot but wonder about the reported resolve of the National Assembly, to enact fresh so-called anti-hate speech legislation. To the extent that such laws already exist, in my view, it is

either that they are deemed to be not potent enough, or – as I suspect is the case – it is yet another manifestation of the tendency of our policy–makers to confuse movement with motion. There is simply no hard evidence, to support the view that the existing anti-hate speech legislation is inadequate, either as deterrents or punishments. For example, what is deficient in Section 417 of the Penal Code which, as can be seen, penalises the likes of Nnamdi Kanu (IPOB/Biafra), Abdulaziz Suleiman & Shettima Yerima (Arewa Youths) and Adeyinka Grandson (Oduduwa Republic), all of whom patently “seek to excite hatred or contempt against any class of persons in such away as to endanger public peace”; this is clearly within the meaning of that provision. Or with Section 419 of the same Code, which criminalises the reportedly viral anti-Igbo songs in Hausa language? It will be recalled that this provision explicitly penalises mere possession of such records or other audio or video representation/ reproduction with imprisonment for 2 years or a fine or both. In my view, rather than enacting entirely new legislation, the punishment prescribed

"I SUBMIT THAT WHILE THE TERRORISM (PREVENTION) ACT INCLUDES “ANY ACT WHICH MAY CAUSE SERIOUS DAMAGE TO A POPULATION”, WITHIN THE DEFINITION OF “TERRORIST ACTS”, IN THE LIGHT OF THE DEFINITION OF “ACT” ABOVE, IT WOULD BE SOMETHING OF A STRETCH, TO DESCRIBE HATE SPEECH AS TERRORISM"

Conclusion It is axiomatic that all residents of Nigeria - Nigerians and non-Nigerians alike - have a stake in their peaceful coexistence within its geographical space. Any action, or speech, which has the tendency to undermine law and order, should be regarded as a threat, not just to national unity and stability, but indeed to the individual’s personal security. A threat to one, ought to be viewed as a threat to all, and tackled accordingly. Beyond the legislative characterisation of deviant or anti-social behaviour – of which hate speech is but a manifestation – it is a myth to assume that laws, in and of themselves, always persuade the criminally-inclined to conform. That notion, has historically proved to be a fallacy. I believe that the long-term panacea to the problem of hate speeches – as with all crimes – lies beyond mere legislative rule-making or intervention. This is because, while appropriate legislation is an integral part of the policy mix for tackling hate speech, in my view, such behaviour can only be reduced to a ‘tolerable’ level – not completely eliminated - through an elite consensus across the fault lines presently exerting centripetal forces against the country’s unity and stability. While that consensus has by no means been lacking, the reality is that it appears to be drowned out - for the time being at least - by the voices of hate typified by ethnic jingoists like Nnamdi Kanu, Abdulaziz Suleiman/ Yerima Shettima and Adeyinka Grandson, as aforesaid. The enduring solution, I think, is for the protagonists and antagonists alike, to realise that not only is Nigeria greater than the sum of its parts, the want-aways and irredentists should be convinced, by any means possible, that they would be better-off as part of the Union, with all its imperfections, than in an uncertain, ill-defined separate entity, whose promise as an utopia is by no means a given - just look at South Sudan. This is obviously a call to arms, but, as a battle for hearts and minds, it is one which, in the nature of things, cannot be won through the coercive instrument of the law alone. Rather, in my view, it can be accomplished without firing a shot, as it were, through the simple logic of realising that the goal so passionately pursued by the separatists might turn out, in the long run, to be a pyrrhic victory: I believe that, the physical and emotional ties that presently bind us, which have been nurtured over time, will see to that.

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22.08.2017

An Act in Search of Justiﬁcation? In this article, Nwora Obiora, discusses the Governor of Rivers State's revocation of the Statutory Right of Occupancy (SRO) of Novotel Hotel, Port Harcourt, on the ground that it is being used for 'unwholesome' activities like election rigging, which affects the security of the State; he argues that this ground, does not ﬁt into Section 28 of the Land Use Act which provides the grounds on which a SRO can be revoked, and concludes that this revocation, is bound to be set aside by a court of competent jurisdiction

Governor Wike’s Revocation of Novotel Hotel’s Statutory Right of Occupancy ecently, the news of the revocation of Statutory Right of Occupancy (SRO) of Novotel Hotel, Port Harcourt, by Governor Nyesom Wike of Rivers State, graced the pages of most National dailies and online blogs. The Governor cited the usage of the said hotel, as a notorious spot for election rigging in the State, as justification for the revocation of the said SRO of Novotel Hotel, Port Harcourt. The Governor was quoted in Vanguard Newspaper of Monday July 31, 2017 in the following words: “We cannot allow hotels to be used for unwholesome activities. The Special Adviser on Lands has been directed to revoke the Certificate of Occupancy of Novotel. Any business that is used to affect the security of Rivers State will face the music. “Nobody will allow rigging in 2019. In 2019, it is one man, one vote. I appeal to APC to allow internal democracy to take place.” The act of the Governor, has attracted applause and condemnation from different quarters and commentators, depending on the part of the divide such commentators belong to, or the lens used by such commentators, in viewing it. To the members and supporters of the People’s Democratic Party (PDP), Governor Wike deserves another National Award in addition to the one he already has, as a true leader and fighter of corruption, while to the All Progressive Congress (APC) members and apologists, Governor Wike is nothing but a clog on the wheel of democracy, epitome of corruption who deserves immediate impeachment from the office of Governor of the State. Whatever the accusations and counter-accusations by the ‘hailers’ and ‘wailers’, about the action of the Governor are, we wish not to be bothered or distracted by them. However, our concern is to dissect, x-ray and juxtapose the action of the Governor, using the necessary apparatus which is our Statutory and Judicial authorities on the extant matter. Pertinent Questions In order to arrive at the desired result, we will be asking three questions which can either be answered in the affirmative or in the negative. These questions are as follows: 1. Does a Governor have the power to revoke SRO? 2. Is such power with or without limitations? 3. What happens when such power is exercised ultra vires? When a Governor Can Revoke SRO Land matters in Nigeria are governed by the Land Use Act 1978 (LUA), Cap. L5 Laws of the Federation of Nigeria, 2004 and as such granting and revocation of SRO, is governed by the said Act. By virtue of section 1 of the LUA, all lands comprised in the territory of each State in the Federation, is vested in the Governor of that State (Federal Government owned land in a particular state is excluded), and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of the LUA. Hence, one can say that the Governor is the landlord and all the holders of SRO are merely lessees of the said land, thereby creating a lessor-lessee relationship between the Governor and the holders of SRO. A Governor being the landlord and grantor of SRO to its holders under the LUA, has the power to revoke such SRO granted under the same Act. Section 28(1) LUA provides that: “It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest”. The Governor can also revoke a SRO, in the event of the issuance of a notice by or on behalf of the President, if such notice declares such land to be required by the Government for public purposes (Section 28(4) LUA), or where the holder of such SRO is in breach of terms and conditions of the said SRO, as provided under Section 28(5) LUA. The LUA went further to define what amounts to overriding public interest in the case of SRO under Section 28(2) LUA which provides as follows: (2) Overriding public interest in the case of a statutory right of occupancy means--. (a) the alienation by the occupier by assignment, mortgage, transfer of possession, sublease, or otherwise of any right of occupancy or part thereof contrary to the provisions of this Act or of any regulations made thereunder;

Government; (e) for obtaining control over land required for or in connection with mining purposes; (f) for obtaining control over land required for or in connection with planned urban or rural development or settlement; (g) for obtaining control over land required for or in connection with economic, industrial or agricultural development; For educational and other social services. I took the pains to reproduce the extant provisions of the LUA on the revocation powers of a Governor over an SRO, for obvious reasons. One cannot but wonder, after a proper consideration of the above reproduced sections of the LUA, where the reason adduced by Governor Wike in revoking the SRO of Novotel Hotel, fits in. The reason the Governor gave to justify his action, observed the overriding public interest test under Section 28(1) LUA in its breach, rather than observance, it did not pass the public purpose by the Federal Government test under Section 28(4) LUA, and failed the breach of terms and conditions of SRO test under Section 28(5) LUA.

Rivers State Governor, Nyesom Wike

(b) the requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; (c) the requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith Where the purpose of revocation is requirement of the land by the Local, State or Federal Government for public purpose, any of the purposes stated in section 51 of the LUA is implied, namely: (a) for exclusive Government use or for general public use; (b) for use by any body corporate directly established by law or by any body corporate registered under the Companies Act 1968 as respects which the Government owns shares, stocks or debentures; (c) for or in connection with sanitary improvements of any kind; (d) for obtaining control over land contiguous to any part or over land the value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the

"ONE CANNOT BUT WONDER, AFTER A PROPER CONSIDERATION OF THE ABOVE REPRODUCED SECTIONS OF THE LUA, WHERE THE REASON ADDUCED BY GOVERNOR WIKE IN REVOKING THE SRO OF NOVOTEL HOTEL, FITS IN. THE REASON THE GOVERNOR GAVE TO JUSTIFY HIS ACTION, OBSERVED THE OVERRIDING PUBLIC INTEREST TEST UNDER SECTION 28(1) LUA IN ITS BREACH, RATHER THAN OBSERVANCE"

Election Rigging: Not a Ground for Revocation The crime of election rigging, no doubt, is a cankerworm that has eaten deep into the fabric of our nascent democracy, and must be condemned in the strongest terms, if we must make a headway as nation. However, the provisions of the LUA, are crystal clear on the grounds on which a Governor can act to revoke a SRO, and allegation of an offence and conviction of same is no part of such grounds! Assuming (without conceding) that being convicted of certain offences by holders of SRO entitles the Governor to revoke their SRO under the LUA, which Court convicted Novotel Hotel of the offence of aiding and abetting election rigging? Can an allegation or suspicion of having committed an offence, amount to conviction? The law is trite that, suspicion, no matter how grave, cannot ground conviction. IKO v STATE (2001) 14 NWLR (Pt. 732) 221. Will Governor Wike’s action not be tantamount to being the accuser, prosecutor and the Judge in his own case? Then, one cannot but ask wherein lies the rule of nemo judex in causa sua? Funny enough, these are all assumptions which have no place under our legal system, and as such, should not have arisen in the first instance, in the face of the unambiguous grounds upon which a Governor can revoke an SRO. There cannot be a good way of doing the wrong thing. Put differently, one might be doing the right thing, but applying the wrong approach! This is the case in this instance. The machinery of the law, could have been set in motion to investigate, prosecute and possibly convict Novotel Hotel for election malpractices, if found culpable. The step taken by the number one citizen of Rivers State, appears to be that of an accuser, prosecutor and the judge, all at the same time. He did not stop there, he went ahead to introduce a new element into the provisions of our laws on revocation of the SRO, by acting on the decision of his own Court as justification for revoking the SRO of Novotel Hotel. The reason for revoking Novotel Hotel’s SRO could have been faked, even though there might still be a political undertones to such action. Perhaps, his excellency should have stylishly premised the revocation, on the need to build an amusement park, erect water fountain, create ground for dumping of refuse, or on anything that is justifiable under the provisions of the LUA, rather than whipping unnecessary sentiments, by adducing election rigging as the reason for such unfounded action. Citing Election Rigging Centre, as reason to revoke SRO, appears flowery but unconvincing, as it is lame and unfounded in law. The Governor is expected to know better than this! Yes, I expected better knowledge from the Governor, since he is a Lawyer by training, and is also married to a Judge. Attitude of the Court to Unlawful Revocation The attitude of the Court towards any revocation of SRO which is done outside the provisions of the LUA, is to declare such an act invalid, null and void, and of no effect. The Apex Court made this position of the law in the case of NIGERIAN ENGINEERING WORKS LTD. v DENAP LTD. (2001) 18 NWLR (Pt. 746) p.751 paras. C-D when it held that: CONTINUED ON PAGE 13

22.08.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR A dry cleaner was indicted with charges pressed for money laundering. A deal is being ironed out. ˾˾˾

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Your advice on this would be most appreciated. Since I returned to Nigeria from my studies abroad, I have been confronted with all sorts of taxes, including my income tax. I earn several incomes, but I do not know what exactly is taxable or exemptible. My elder brother, who lives abroad, and I, have been asking questions around, and no one has given us a satisfactory answer. I don’t mind being taxed, but what is exemptible from my personal income? I also have some measurable monetary inflows from my former place of work in United Arab Emirates, as I still consult for them. Kindly, shed some legal light on this issue, for our enlightenment. Prince F. E., Abuja. Dear Prince, The clarification you seek on taxable income and exempts, is quite apt and germane. Indeed, Section 19 of the Personal Income Tax Act provides for these exemptions in the Third Schedule of the Act. There are actually over 15 exemptions, but let me point out a few of the ones that I think might be of relevance to you. · Up to N100,000 of any gratuities payable to an employee in the private sector provided the period or service exceeds ten years.

· Sum received by way of death gratuities or as consolidated compensation for death or injuries. · Any compensation for loss of employment. · Sum withdrawn or received by employee from approved pension, provident or other retirement benefits funds, society or scheme. · Interest accruing to person on foreign currency domiciliary account. · Income earned from outside Nigeria by temporary guest, lecturer, teacher, nurse, doctor or other professional and brought into Nigeria shall be deposited in domiciliary account in authorised bank in Nigeria. · Income from dividend, interest, rent, royalties, fees, commission earned from abroad and brought into Nigeria by Nigerian resident is exempt from tax, provided that such income is brought in convertible currency and paid into a domiciliary account in a bank approved by government. · Income earned from abroad by author, sportsman, playwright, musician, and artist brought into Nigeria is exempted from tax, provided that such income is brought in foreign currencies and paid into a domiciliary account in an authorised bank in Nigeria. The list is quite extensive, but if you need further clarification on specifics, kindly, engage a tax lawyer for advice.

Lawyer: “Would you mind telling the jury why you shot your wife with a bow and an arrow?” Defendant: “I didn’t want to wake up the children.” ˾˾˾ A driver caught speeding was brought before a judge. The judge asked: “Will you take thirty days or a hundred dollars?” The defendant replied: “I think I’ll take the money.” ˾˾˾ A lawyer is standing in a long line at the box oﬃce. Suddenly, he feels a pair of hands kneading his shoulders, back, and neck. The lawyer turns around. “What the hell do you think you’re doing?” “I’m a chiropractor, and I’m just keeping in practice while I’m waiting in line.” “Well, I’m a lawyer, but you don’t see me screwing the guy in front of me, do you?”

AN ACT IN SEARCH OF JUSTIFICATION? CONTINUED FROM PAGE 12 “By virtue of Section 5(1) of the Land Use Act, the Governor has the power to grant a statutory right of occupancy to any person in respect of any land in the state and under section 28 of the Act, the Governor has the power to revoke any such rights of occupancy granted to any person for overriding public interest which interest is defined under the section. Where the revocation is not in accordance with the provisions of the Act, such revocation can be set aside as invalid, null and void.” The Apex Court was more direct in the above cited case, on the need for a Governor to exercise power of revoking

right of occupancy in accordance with the Land Use Act, 1978 when it held: “The purpose for which the power of revocation of right of occupancy was conferred on the Governor have been clearly stated in the Land Use Act, 1978. Any revocation for purposes outside the ones prescribed by the Land Use Act will be against the policy and intention of the Land Use Act and can be declared null and void by the Court. In the instant case, the revocation of the right of the 1st respondent was not done in accordance with the provisions of the Land Use Act. It is therefore invalid, null and void.”

In conclusion, it is my submission that the reason Governor Wike gave, as justification for revoking the SRO of Novotel Hotel, is not only wanting in law but lame, flimsy and unconvincing. Hence, such revocation does not have the knee cap to crawl with, neither does it have the buttocks to sit on, and as such, is bound to be “revoked” and set aside by a Court of competent jurisdiction, having regard to the provisions of the LUA and our judicial precedents on the subject-matter. Nwora Ike Obiora, Esq., Associate, Oluwakemi Balogun (SAN) & Co., Lagos

SERAP: HOW NIGERIANS ARE PAYING THE PRICE FOR CORRUPTION IN THE ELECTRICITY SECTOR CONTINUED FROM PAGE 6 “The privatisation of PHCN, would appear to have yielded the country total darkness. Gains of privatisation, were lost through alleged corruption, manipulation of rules, disregard to extant laws and lack of transparency in the exercise. The PBE encouraged the deferment of payment and restructuring of payment terms, in contravention of bidding rules to the disadvantage of other bidders. “Billing methodology is shrouded in secrecy. Billings do not reflect actual electricity consumption, in most cases. Most, if not all officials of the DISCOs, are still very corrupt and demand gratification from customers before doing the job they are paid to do. Grand corruption against the Federal Government owner of the 40% stake in the DISCOS, and by implication, the Nigerian masses, due to non-remittance or under-remittances of the monies collected by the DISCOs. “The Manitoba deal is shrouded in secrecy, as essential details of the deal remain unknown to Nigerians till date. The authorities should undertake a public-oriented audit, on the state of affairs of the TCN two years before and after the Manitoba deal. The outcome of the audit, should form the basis for further action and charges in court against the suspected perpetrators and corrupt funds fully recovered.

“The Federal Government should undertake a thorough, impartial and transparent investigation into the power sector privatisation, with a view to doing things the right, fair and just way. Ownership of public stake of 40% in those entities, should be revisited and further privatised, to avoid using government/public resources to subsidise private entities. “Attention should be focused also, on petty corruption. Petty corruption in the electricity sector has not received much attention, as the focus has been on grand corruption in the sector. “The Attorney-General of the Federation and Minister of Justice Abubakar Malami, SAN, should request the report of the House of Representatives Committee that probed government spending in the power sector from 2000 to 2007, and the Elumelu House Probe Committee which had accused 21 persons and 36 companies of subversion of government policy on due process, make the report public and ensure appropriate legal action is taken against anyone suspected to be involved in corruption, as well as full recovery of corrupt funds. “Undocumented, monumental fraud and corruption, is said to be perpetrated at the Niger Delta Power Holding Company (NDPHC), and investigation by the EFCC and ICPC will

ensure that those involved are effectively brought to justice. “Mr. Malami should direct the EFCC and ICPC, to probe metering and billing fraud and corruption, and bribery among Discos. Most consumers are unhappy with their billing methodology, and feel short-changed by the operators. Mr. Malami should promptly make progress on all outstanding cases of corruption in the electricity sector, including ensuring effective prosecution of all power sector cases, being handled by the Ministry. “The ICPC should make public the status of the investigation and recommendations for prosecution (if any) on the AEDC Recruitment Scandal/Jumbo Pay Scandal, given the facts that the Nigerian Government and public have 40% stake in the AEDC. The Manitoba deal is shrouded in secrecy, as essential details of the deal remain unknown to Nigerians till date. The EFCC/ICPC should lead a public-oriented audit on the state of affairs of the TCN two years before and after the Manitoba deal. “The ICPC should tell Nigerians, about the current status of the probe of the recruitment scandal, and corruption-induced jumbo pay to workers of the Abuja Electricity Distribution Company (AEDC Plc). Anyone found to be responsible should be brought to justice, and corrupt funds fully recovered”, the Report stated.

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22.08.2017

Evidence Act 2011: New Tests of Admissibility of Confessions This article by Jude Bodede, examines in detail, the new tests of admissibility of confessions, as provided for by the Evidence Act 2011; what constitutes unreliable confessions and confessions obtained by oppression

The Test of Voluntariness Abolished he Evidence Act 2011 abolished the test of voluntariness, and it is no longer the yardstick for determining the admissibility of confessions. By virtue of the provisions of section 29 of the Evidence Act, any confession obtained by oppression of the defendant, or made in consequence of anything said or done to the defendant which was likely to render the confession unreliable, is inadmissible. There is still a paucity of judicial precedent on the interpretation of the new exclusionary principle of evidence contained in section 29 of the Evidence Act. However, since the provisions of section 76(2) of the Police and Criminal Evidence Act (PACE) 1984 are similar to section 29(2) of the Evidence Act, judicial decisions of English courts on the subject are of persuasive authority. There is a new barometer for the admissibility of confessions, and the key operative words are oppression and reliability. Section 29(2) of the Evidence Act 2011 states that, “If, in any proceeding where the prosecution proposes to give in evidence a confession made by a defendant, it is represented to the court that the confession was or may have been obtained, (a) by oppression of the person who made it; or (b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in such consequence; the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained in a manner contrary to the provisions of this section”. Furthermore, section 29(3) of the Evidence Act states that, the court may of its own motion, require the prosecution to prove that the confession was not obtained in violation of the provisions of the section. This new provision now permits the court to suo motu, raise the issue of oppression or unreliability of a confession and order a trial within trial. Under section 27 of the repealed Evidence Act, only voluntary confessions were relevant and admissible. However, the Act did not define the meaning of the term “voluntary” and there was divergence of opinion on the interpretation of the term. The conditions which made a confession not to be voluntary, were defined by the provisions of section 28 of the repealed Evidence Act, but the conditions which will make a confession to be regarded as unreliable are not limited by section 29 of the Evidence Act 2011. Therefore, voluntariness is a narrower concept than reliability, and previous judicial decisions on the voluntariness of confessions may still be relevant in the application of section 29(2) of the Evidence Act. The defendant only has to raise the issue or introduce evidence of oppression or unreliability. The prosecution, on the other hand, must prove beyond reasonable doubt that the confession was not

access to a solicitor, rendered the confession inadmissible. The Court said that, “Perhaps the most important right given to a person detained by the police is his right to obtain legal advice.”See also Wahab (2003) 1 CAR 232

Inspector General of Police, Ibrahim Idris

obtained by oppression of the defendant or made in consequence of anything likely to render the confession unreliable. In Paris (1993) 97 CAR 99 at 103, Lord Taylor CJ said on the interpretation of section 76(2) of PACE, “Three points on that section require emphasis. First, the issue having been raised by the defence, the burden of proving beyond reasonable doubt that neither (2)(a) nor (2)(b) applied was on the Crown. Secondly, what matters is how the confession was obtained, not whether, or not it may have been true. Thirdly, unless the prosecution discharged the burden of proof, the judge was bound as a matter of law to exclude the confession. His decision was not discretionary.” Only reliable confessions are relevant and admissible. To determine whether or not a confession is reliable, the court must examine everything said or done to defendant from time of arrest up to the end of interrogation, and determine whether any confession obtained in such circumstances would be unreliable. The test in section 29(2) of the Evidence Act, is objective and therefore, if the acts done or words spoken were likely to induce an unreliable confession, then even if the particular confession was true, it would still be inadmissible. The conditions or circumstances, that must exist before the trial court can invoke the prohibition against unreliability and render the confession inadmissible, are not stated in the Evidence Act. Therefore, it is clear that those conditions cannot be exhaustive, but we shall examine some of them. Unreliable Confessions: Refusal to Grant Access to Counsel. The failure to grant the defendant access to counsel, may render a confession unreliable. Section 35(2) of the Constitu-

tion of the FRN (CFRN) provides that every suspect has the right to counsel, before answering any questions during custodial interrogation. Section 17 of the Administration of Criminal Justice Act 2015 provides that every suspect in custody, shall be given access to legal advice. See also, section 9 of the Administration of Criminal Justice Law, Lagos State 2011. In McGovern (1991) 92 CAR 228. See also Walsh (1989) 91 CAR 161, the initial denial of access to a solicitor rendered the confession unreliable, despite the fact that the court knew from later confessions made in the presence of a solicitor, that the first confession was in fact true. In Samuel (1987) 87 CAR 232, the defendant was arrested on suspicion of armed robbery and taken to a police station for questioning, where his request to see a solicitor was denied. Section 58(1) of Police and Criminal Evidence Act 1984, in England states that, “A person who is in police detention shall be entitled if he so requests, to consult a solicitor privately at any time.” On appeal against conviction the Court of Appeal held that the refusal of

"THERE IS A NEW BAROMETER FOR THE ADMISSIBILITY OF CONFESSIONS, AND THE KEY OPERATIVE WORDS ARE OPPRESSION AND RELIABILITY"

Failure to Comply with Rules of Custodial Interrogation A violation of the rules of custodial interrogation, may render a confession unreliable and inadmissible. The failure to properly caution the defendant about the right to remain silent during interrogation and before the confession was obtained, will be a valid ground for the challenging the reliability of a confession. See section 35(2) CFRN. A violation of the constitutional rights of the defendant, may also render a confession inadmissible under section 14 of the Evidence Act. Any procedural failures or breach of the rules of custodial interrogation, can form the basis for challenging the admissibility of a confession, on the ground of unreliability under section 29(2)(b) of the Evidence Act. Walsh (Supra) In Suberu v The State (2010) 3 MJSC (pt.2) 47, the investigating police officer obtained statements separately from two persons jointly charged with an offence, but he did not show the appellant the statement of his co- defendant and did not give him the opportunity to react to the statement. See also Fatilewa v The State (2008) 3 MJSC (pt.2) 47. Rule 7(1) of Criminal Procedure (Statement to Police Officers) Rules 1960 provides that, “When a police officer has decided to make the same complaint against two or more persons, and their statements are taken separately, the police officer shall not read such statement to the other person or persons, but each of such persons shall be given a copy of such statements, and nothing shall be said or done by the police to invite a reply.” The Supreme Court held that, the statement of the co-defendant was not legally admissible evidence against the appellant, and could not be used against him. The Miranda Warnings The gravity of these violations of rules of custodial interrogation, is such that many jurisdictions frown upon them. It is instructive that, even in the United States of America, the failure to caution the defendant on the right to remain silent and the denial of access to counsel during interrogation, is a ground for the challenging the admissibility of a confession. In Miranda v Arizona (1966) 384 US 486, the Supreme Court of the United States held that, the prosecution may not use statements of a defendant obtained by law enforcement officers during custodial interrogation, unless it demonstrates the presence of effective safeguards to secure the privilege against self-incrimination under the 5th Amendment. The safeguards are that, the suspect must, prior to the interrogation, be informed clearly that he has the right to remain silent and that anything he says may be used against him in a court of law, and the suspect must be informed clearly, that he has the right to consult with a lawyer, and to have the CONTINUED ON PAGE 15

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EVIDENCE ACT 2011: NEW TESTS OF ADMISSIBILITY OF CONFESSIONS CONTINUED FROM PAGE 14

EFCC Operatives

lawyer present during interrogation. See Dickerson (2000) 530 US 428. Inducement or Promise Any inducement or promise (but not a threat) made to a defendant to obtain the confession, will be a valid ground for the challenging the reliability of a confession. This will include a promise of leniency or exclusion from prosecution. It is important to note that the inducement or promise may either concern or be made to the spouse of the defendant or family member or any other person intimately connected with the defendant, such as a lover or friend. Omotoso v COP (1961) NSCC 314. These relationships may evoke strong emotions, and cause the defendant to make a confession. It is important to draw attention to two points. First, under the new Evidence Act 2011, the inducement or promise is no longer required to be made by a person in authority. However, the promise or inducement, must still relate to the charge against the defendant, and the defendant must have believed that by making the confession, he would gain an advantage or avoid an evil of a physical nature. The threat of juju or witchcraft, is not a threat of a temporal nature, and belief in witchcraft or other spiritual powers, is subjective. Second, it appears that threats of any kind will now be regarded as oppression, since section 29(5) of the Evidence Act defines oppression to include the actual use or threat of violence. Other Factors Affecting Reliability Other factors which may affect the reliability and admissibility of a confession and which the trial Judge should consider in a trial within trial include; (i) whether or not the confession was retracted at the earliest opportunity before a senior police officer or in a second statement; (ii) the nature of incriminating evidence disclosed to the defendant by the police before the confession was made; (iii) the contents of the statement in relation to the level of literacy of the defendant; (iv) the pattern of the sentences in the statement in order to discover whether it is a flowing and consistent story or disjointed answers in response to prompting questions from the police during interrogation. Namsoh v The State (1993) NWLR (pt. 292) 129. Confessions Obtained by Oppression: Meaning of Oppression

Section 29 of the Evidence Act 2011 states that that a confession is not admissible in evidence, if it was or may have been obtained by oppression of the defendant. Section 29(5) of the Act defines oppression to include torture, inhuman or degrading treatment, and the use or threat of violence whether or not amounting to torture. In Fulling, (1987) 85 CAR 136 at 138 (this dictum was quoted with approval in Paris (Supra)), the Court of Appeal held that oppression in section 76(2) of the PACE should be given its ordinary dictionary meaning. Lord Lane CJ said, “This is in turn leads us to believe that oppression in section 76(2)(a) should be given its ordinary dictionary meaning. The Oxford English Dictionary as its third definition of the word runs as follows: ‘Exercise of authority or power in a burdensome, harsh or wrongful manner; unjust or cruel treatment of subjects or inferiors; or the imposition of unreasonable or unjust burdens.” The definition of oppression in section 29(5) of the Act is not exhaustive, and any similar violation of the rights of the defendant will also constitute oppression. It is instructive that the use of torture or inhuman or degrading treatment, is a violation of the fundamental rights of a defendant, but the constitution does not define those terms. Section 34(1)(a) CFRN states that, “no person shall be subjected to torture or to inhuman or degrading treatment.” Any confession obtained by acts which infringe the constitutional rights of a defendant, can also be excluded under the provisions of section 14 of the Evidence Act 2011, on the grounds that the confession was obtained in consequence of an impropriety or in contravention of a law. We shall now examine some of the situations that may constitute oppression of the defendant. Torture, Violence or Threats The application of direct physical force to the person of the defendant, or to any person related to or closely connected to the defendant, will be a valid ground for challenging a confession by reason of oppression. Any acts of torture and the use of violence, whether or not amounting to torture, constitutes oppression against the defendant. In addition, the mere threat of violence, without the application of direct physical force to the person of the defendant, will also constitute oppression. See section 29(5)

of the Evidence Act. In COP v Alozie (2017) LPELR-41983 (SC) Nweze JSC said, “the Courts are bound to reject an accused person's confession which eventuated from torture, duress, threat or inducement.” Denial of Food or Necessities The denial of food or other basic necessities or medicines vital to the health and sustenance of the defendant, will be a valid ground for challenging a confession by reason of oppression. The denial of food or basic necessities is unjust, cruel, inhuman and degrading treatment and constitutes oppression against the defendant. See section 29(5) of the Evidence Act and section 34(1)(a) CFRN. Undue Hostility or Intimidating Conduct Any undue hostility or intimidating conduct towards the defendant by police officers during interrogation, may be a valid ground for challenging a confession by reason of oppression. Acts of undue hostility or intimidating conduct and threats of violence against the defendant, will be an exercise of authority or power in a burdensome, harsh or wrongful manner and constitute oppression. In Paris (Supra) the defendant was bullied and harassed by police during interrogation, and the Court of Appeal in England, held that the interrogation was oppressive. The interview had lasted 13 hours, and during that period, the police repeatedly shouted at the suspect what they wanted him to say but the suspect denied involvement over 300 times. Contrast the case of Emmerson (1991) 92 CAR 284, where a police officer raised his voice and used bad language to the defendant during interrogation, but the Court of Appeal held that such conduct was not oppressive. The nature of the defendant’s character, may determine the manner of interrogation, and the decision of the court as to whether or not the interrogation was oppressive. Where the defendant is a hardened criminal, the police may require tougher interrogation which may not be regarded as oppressive. In Hudson (1980) 72 CAR 163, a man of previous good character, was subjected to lengthy and sometimes unlawful interrogation and the Court of Appeal held that, the interrogation was oppressive. In contrast, Dodd (1981)

"THE DENIAL OF FOOD OR OTHER BASIC NECESSITIES OR MEDICINES VITAL TO THE HEALTH AND SUSTENANCE OF THE DEFENDANT, WILL BE A VALID GROUND FOR CHALLENGING A CONFESSION BY REASON OF OPPRESSION"

74 CAR 50, where the defendants were hardened criminals, and the Court of Appeal held that, the harsh interrogation was not oppressive. Prolonged Custody of the Defendant The prolonged custody of the defendant, can be a valid ground for challenging a confession by reason of oppression. The prolonged custody of the defendant without trial amounts to inhuman or degrading treatment and will constitute oppression. Section 35(4) CFRN states that, any person arrested or detained, shall be brought before a court of law within a reasonable time and where the defendant is in custody without bail, he must be tried within two months from the date of his arrest or detention. Therefore, keeping a defendant in custody for more than two months without trial, in violation of the Constitution or for longer than the term of imprisonment prescribed for the offence, may constitute oppression under section 29(2)(b) of the Evidence Act. Conclusion The admissibility of confessions, is a matter which arises frequently in criminal trials, and it is only a matter of time before we are inundated with decisions of the Supreme Court on this subject. This is my humble contribution to the development of this area of the law. Jide Bodede LL.B(OAU), LL.M(Lond). Author of Criminal Evidence in Nigeria. Managing Partner at Lawﬁelds Solicitors & Advocates.

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2/DASHBOARD

22.08.2017

Issue Estoppel – Whether Required to be Pleaded in a Particular Form PAGE 4

Underage Imprisonment: LASG Restates Commitment to Child Rights Law PAGE 5

Massive Opportunities for Data Centre Investments Exist in Nigeria and Across Africa PAGE 5

Alleged Non-Remittance: MCSN Asks Court to Stop COSON from Collecting Royalties PAGE 5

QUOTABLES ‘Ifyouwanttowinthiswar(thewaragainstcorruption), there must be inter-agency collaboration, and you must carry the people along. I can't see that.’ – Femi Falana, SAN, Human Rights Activist

SERAP: How Nigerians are Paying the Price for Corruption in the Electricity Sector PAGE 6

‘We didn't anticipate that we will be ruled from another country, because Nigeria is a sovereign nation, whereby you have a President that was being housed in another country, turning that other country to like a tourist attraction.’ – Ebun Adegboruwa, Legal Practitioner, Lagos

‘Perseverance, Hard Work and Self- Conﬁdence Makes a Successful Lawyer’ PAGE 6

COLUMNIST 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.

An Act in Search of Justiﬁcation? PAGE 12

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

The Ailments Around Nigeria’s Neck

The Ozubulu Tragedy irst, my deepest sympathies, go out to the people of Ozubulu, Anambra State, on the deaths of those that were murdered, and those that were injured and traumatised, during the senseless attack on innocent people, who were attending Sunday Mass at St Phillips Catholic Church. This is a challenge for the Nigeria Police Force, to ensure that every person involved in this heinous crime, is apprehended and punished to the fullest extent of the law. Similar condolences go to the family of Heather Heyer, who was murdered in a violent attack by a white supremacist, as she joined protesters demonstrating against a white supremacist racist and anti-Semitic rally in Charlottesville, and to the people of Sierra Leone for those that lost their lives and those that are still missing, as a result of the recent Mudslide. Madam Special Assistant Let me register my shock and disdain for the statement made by a Special Assistant to the President, saying that it was ‘disrespectful and intrusive’ for Nigerians to ask about the exact ailment that the President is suffering from. Sometimes, I wonder about the utterances of some of the people that have been placed in positions of authority by Government. More often than not, they sound like a bunch of self-serving bootlickers. What does respect have to do with it? HELLO! He is our President, voted for by the people, in office because of the people, to serve the people. A lot of Nigerians love him, and placed the little hope that they have left, in him. Should they not ask? Secondly, it is our country, Nigeria’s money, that funded the President’s expensive treatment/‘medical vacation’ in London, and paid the parking fees etc of the aircraft that waited for him for over 100 days, which I’m told could be up to £800 per hour or even more, depending on the type of aircraft or the airport. Furthermore, it is also Nigeria’s money, that paid for the incessant visits by the President’s family and public officials to Abuja House, London. I would imagine that, one has a right to know what one’s money is being spent on. The round-the-clock statements by Government Spokespersons and APC members, that Section 145 of the 1999 Constitution of Nigeria (as amended)(the Constitution) was complied with, that is, transmission of a declaration to the Senate President and Speaker of the House, that the Vice President shall act in the absence of the President, ended up sounding like a broken record, a cacophony. It seems to me that, the reason that the President’s illness is being shrouded in mystery, is simply to avoid any informed clamour by ‘awon ota’ (the enemies)

for Section 144 of the Constitution to be invoked against him, or for his resignation. Once the nature of the President’s illness is revealed, medical experts will be able to give Nigerians the ‘411’ (information) on his condition, and tell us with certainty, for instance if he will have to keep going on medical vacations or whether he is capable of continuing effectively or not, as President. So Madam Special Assistant, I beg to disagree with you. Nigerians are well within their rights to enquire. I would go further to say that, that misstatement by Madam Special Assistant, is an insult to the intelligence of Nigerians. This kind of ‘take it or leave it’ attitude displayed by Government spokes people, does more harm than good, as it riles people, causes nothing but disaffection and reduces the President’s ratings among Nigerians. One expects more measured responses, from spokes people. Maybe it would have been better, for her to simply have said that she doesn't know the nature of Mr President’s ailment, just like Femi Adesina said he doesn't know who is paying the President’s medical bills! Madam Special Assistant, I hope you also enjoyed your trip to London “to visit the Queen”, or rather in this case, the ‘Lion King’ (as Mrs Buhari and Senator Sani referred to His Excellency)! I saw you on television. That said, we wish you well Mr President. Allah ba ka lafiya. Allah ya kara sauki. Ameen. Welcome back. Public Nuisance: Convoys and Sirens 2 Saturdays ago, my husband and I were sitting patiently in traffic on Adeola Odeku. We were heading to a wedding at Federal Palace Hotel. All of a sudden, from behind us, we heard the blaring of sirens and the sound of that loud, annoying horn that emanates from patrol vans in convoys. For a moment, I wondered if it was Acting President Osinbajo passing by. The ‘convoy people’ turned their poor police personnel, into chaparral cocks, a specie of fast-running cuckoos - ‘roadrunners’, and had them running down the street like bats out of hell, to clear a path for the several convoys. Our driver, sat glued to the spot like a statue, and kept letting the convoy people through. I was constrained to ask the driver, if he intended for us to spend the night on the same spot! Little did I know, that my husband was just as irritated as I was. As yet another convoy was trying to force its way through, my husband instructed the driver not to let them pass. The stubborn patrol van driver, moved menacingly and aggressively towards our car, as if he would hit our vehicle, if we refused to give way. At that point, I wound down my window and warned the patrol van driver, that if he so much as made the mistake of hitting our vehicle, there would be trouble. When they were unable to get past us, their roadrunner

resorted to begging us to let them through; when we refused, they cleared another route and took that. It turns out that, we were all going to the same wedding! First, this is the type of behaviour, that breeds bitterness and resentment among Nigerians. They were some passengers in a ‘danfo’ bus next to us, they looked hot, bothered and angry. And why not? They had been sitting on the same spot for a while, as there was traffic, then the so-called ‘VIPs’ came to compound issues, all because they were rushing to attend a wedding! Section 154(1) of the National Road Traffic Regulation 2012 provides thus: “No person other than the President of the Federal Republic of Nigeria, Vice President, President of the of the of Senate, Speaker of the House of Representatives, Chief Justice of Nigeria, Deputy President of the Senate, Deputy Speaker of the House of Representatives, Governors and Deputy Governors of States shall drive a vehicle on any public road using siren, flashers or beacon lights”. Section 154(2) provides for a N3,000 fine or 7 months imprisonment or both, for the contravention of Section 154(1). It seems that the Inspector General of Police, has somehow been permitted, to issue lists of additional people that can make use of this privilege that is reserved for the above-listed public officials, who were given this advantage because of their tight schedules and the need to get from A to B at short notice. However, in Nigeria, every Tom, Dick and Harry, who can afford to buy a patrol van and pay for 2 police personnel, has a convoy. I doubt that most of these people, are even included on the IG’s list. The question is, can the IG’s list even be valid, when there is a law already in place that deals with the matter, which has not been amended? This blatant and illegal use of convoys and sirens, should be stopped. Why should people constantly use convoys to irritate and disturb Nigerians on the road, especially during the weekend, because they want to attend social functions and not urgent national assignments? The use of convoys and sirens, is a privilege that should be used with a sense of responsibility. Driving in London one day, the Princess Royal, Anne, daughter of the Queen of England, was also driving by. She is said to be one of the busiest and hardest working royals. She had just one noiseless dispatch rider, leading her vehicle, and they proceeded down the road quietly, without fuss. Aside from being noisy nuisances, our convoys also drive dangerously, at break neck speed, and many of them have accidents, sometimes even fatal, killing innocent Nigerians who are unlucky to be on the road with them, going about their daily business. For instance, the convoy of former Governor of Kogi State, was involved in an accident

Media Team's Visit to Abuja House, London L-R Lauretta Onochie, Garba Shehu, Information Minister Lai Mohammed, President Buhari, Femi Adesina and Abike Dabiri Erewa

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com

"HELLO! HE IS OUR PRESIDENT, VOTED FOR BY THE PEOPLE, IN OFFICE BECAUSE OF THE PEOPLE, TO SERVE THE PEOPLE. A LOT OF NIGERIANS LOVE HIM, AND PLACED THE LITTLE HOPE THAT THEY HAVE LEFT IN HIM. SHOULD THEY NOT ASK? SECONDLY, IT IS OUR COUNTRY, NIGERIA’S MONEY, THAT IS FUNDING THE PRESIDENT’S EXPENSIVE TREATMENT/‘MEDICAL VACATION’ IN LONDON" on Lokoja-Abuja Road, which resulted in the death of Professor Festus Iyayi, who was on his way to Kano to attend an ASUU meeting. Resume or Resign I watched recently, with amusement, the interview of the silky Police Public Relations Officer, Mr Jimoh Moshood, on Sunrise Daily, as he claimed that the reason why the Police interfered with the ‘Resume or Resign’ Protesters on the second day or so of the sit-out, was that miscreants who had joined in the protest, had to be checked to avoid any trouble. Of course, this was vehemently denied by Deji Adeyanju, a member of the R or R Movement, who said that there were only about 10 people protesting, and they were never joined by any miscreants. In fact, from the clips of both events shown on television of the earlier days of the protests, the Pro-Buhari Protesters seemed a trifle more noisy and aggressive than those of the R or R, and no miscreants were seen with the R or R Protesters. Things only seemed to have taken a bad turn on 15/8/2017, when the R or R people took their campaign to Wuse Market. Section 40 of the Constitution gives a person the right to assemble freely and associate with other persons, and in particular he (or she) may form or belong to any political party, trade union or any other association for the protection of his (or her) interests...”. Therefore, if the R or R Protesters decided to peacefully air their views and share their concerns with fellow Nigerians, it is their constitutional right to do so (even President Buhari said something to that effect). Government Authorities, especially Nigeria Police, please, take note. Stop the military intolerance mentality. Once you come out and make what they perceive to be an anti-Government statement, they seem to descend upon you like a pack of wolves, in most cases, using the excuse of miscreants, as a cover to scuttle your activities. Police, sometimes ‘una too do’ (overzealous), and in the wrong direction too. Your time will probably be better spent, cleaning up your image, having been named in a report by the United Nations Office on Drugs and Crime, as one of the highest bribe takers in Nigeria!

4/LAW REPORT

22.08.2017

Issue Estoppel - Whether Required to be Pleaded in a Particular Form

S Facts

ometime in 2002, the 1st Appellant discovered that Equity Bank of Nigeria Limited, was dealing in foreign exchange, in breach of laid down procedure. It therefore, revoked the Bank’s licence to conduct foreign exchange transactions, and penalised it. The Respondent, being the divisional head of the department in charge of the foreign exchange documentation at Equity Bank, was advised by the board of directors, to resign his appointment. Accordingly, the Respondent tendered his letter of resignation which was accepted, and he was paid his entitlements. Subsequently, the 1st Appellant set up a Special Board Committee (SBC) to look into the matter. Based on the SBC Report which deemed the actions of the Respondent and some other employees of Equity Bank complicit in the illegal transactions as serious misconduct, the 1st Appellant advised Equity Bank to terminate their employment and blacklist them under Section 44(4) of the Banks and Other Financial Institutions Act (BOFIA). The Respondent’s appointment was therefore, terminated. Further to the above, the Respondent commenced an action against Equity Bank and the 1st Appellant at the Federal High Court, challenging the said termination. Delivering its judgement in favour of the Respondent, the Court held, per Abutu J., that even though the SBC report indicted the Respondent, having accepted his resignation letter, Equity Bank could not subsequently, terminate his appointment and invoke Section 44(4) of BOFIA against him. Afterwards, the Respondent sought employment in other financial institutions, but was unsuccessful owing to the refusal of the 1st Appellant to issue him a clearance. The Respondent filed another action against the Appellants herein, seeking an order directing that he be deblacklisted and to comply with the declaration of Abutu J. The Court, per Okeke J., upheld the blacklisting of the Respondent. In reaching his decision, Okeke J. relied on the findings of Abutu J. to the effect that the Respondent was indicted in the SBC report. The Respondent successfully appealed to the Court of Appeal, which ordered the Appellants to de-blacklist him. The Court of Appeal held that the parties did not plead estoppel or res judicata. The Appellants thus, appealed to the Supreme Court. Issues for Determination At the Supreme Court, the issues considered by the Court were: (i) Whether the Appellants were entitled to rely on the findings of fact in an earlier judgement as a defence in the latter action. (ii) Whether there was sufficient evidence before the Court of Appeal to justify the reversal of the decision of the trial Court and the relief that the Respondent be de-blacklisted. Arguments Arguing the first issue, the Appellants submitted that the finding of the Court of Appeal, that the parties did not plead estoppel or res judicata before the trial Court, is not supported by evidence. They stated that the case before the trial Court, was predicated mainly on the judgement of Abutu J., which was exhibited by the Respondent. They relied on Section 318 of the 1999 Constitution in submitting further, that a judgement includes not only the conclusion reached therein, but also the finding of facts upon which the conclusion is based. They also submitted that a finding of fact contained in a judgement, qualifies as a decision of that court which remains subsisting until set aside. They argued that the issue estoppel, need not be pleaded in any particular form, so long as the matters constituting estoppel are stated in such a manner as to show that the party relies on it as a defence or answer. The Appellant argued further that, the earlier judgement, remains binding on the parties by virtue of Section 174 (1) and (2) of the Evidence Act, 2011. They also submitted that where a party relies on a judgement against which he has not appealed, he is deemed to rely on every part of the judgement. They contended that Okeke J. was entitled to rely on the findings therein, and to do otherwise would amount to sitting on appeal over the decision of a Court of concurrent jurisdiction. The Respondent on his part, submitted that the causes of action in the two suits were different, and the trial Court was wrong to have relied on the judgement in the earlier case in reaching its own decision. He argued that, while the issue in the earlier case before Abutu J. was the termination of the Respondent’s employment bordering on Section 44(4) of BOFIA and the threat to blacklist him, the issue in the latter case before Okeke J.

Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 12th Day of May, 2017 Before Their Lordships Musa Dattijo Muhammad Clara Bata Ogunbiyi Kudirat Motonmori Olatokunbo Kekere-Ekun Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC.9/2011 Between 1. Central Bank of Nigeria 2. Director, Banking Supervision Central Bank of Nigeria ........ Appellants And Olayato Aribo ........Respondent Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere- Ekun, JSC

was the blacklisting of the Respondent under Section 44(2) (d) of BOFIA. He submitted further that, the Court of Appeal was right in holding that the trial Court, per Okeke J., was in error to have relied on the findings in the earlier judgement, to the effect that the Respondent was involved in illegal foreign exchange transactions when the SBC Report was not before him. He submitted that, the Appellant misapplied the provisions of Section 174 (1) and (2) of the Evidence Act, as the facts and circumstance of this case and the issues before Abutu J. were not the same and therefore, could not constitute estoppel between the parties.

"ISSUE ESTOPPEL MUST BE SPECIFICALLY PLEADED, BUT IT IS NOT NECESSARY TO PLEAD IT IN A PARTICULAR FORM, AS LONG AS THE FACTS CONSTITUTING ESTOPPEL ARE STATED IN THE MANNER THAT SHOWS THAT THE PARTY PLEADING RELIES ON IT AS A DEFENCE OR ANSWER"

On the second issue, Appellants relied on Sections 132, 133 and 136 (1) of the Evidence Act, in contending that the burden was on the Respondent to prove his case. They relied on the case of MOMOH v UMORU (2011) 15 NWLR (Pt. 1270) 217 in arguing that, where the Defendant has not set up a counter-claim, the burden on him is just to defend the suit, after the Claimant must have discharged the burden placed on him. They contended that, the most important document which the court was bound to examine, was the earlier judgement, and the SBC Report was not necessary, because it was in evidence before Abutu J. who made findings on it in the earlier judgement. They argued further that, assuming the SBC Report ought to have been before the trial Court, it was the Respondent’s duty to produce it, to show that he was not indicted for serious misconduct. In response, the Respondent contended that there is a difference between legal burden of proof and evidential burden of proof. He submitted that while the legal burden which is the burden of establishing a case is static, the evidential burden which is the burden of adducing evidence may shift. He argued that the only way the Appellants could satisfy the Court that the Respondent’s blacklisting was based on the report of the SBC, was by the production of the report. He submitted that the authority of Momoh v Umoru (supra) cited by the Appellants is not applicable to this case. Court’s Judgement and Rationale In resolving the first issue, the Apex Court considered the definition of the phrase “findings of fact” in the Black’s Law Dictionary, 8th edition and the opinion of the Court in the case of EGBE v ADEFARASIN (1987) 1 NWLR (Pt. 47) 1 at 20. The Court held that findings of fact are made by a trial Judge after carefully reviewing the evidence before the Court and conclusions or inferences can be drawn from those facts by any Court. The Court stated that a decision of a Court of competent jurisdiction is valid and subsisting, unless set aside by an appellate Court. Consequently, a vital finding of fact upon which a judgement is predicated, which is not appealed against, remains valid and binding on the parties. Further, the Court held that, issue estoppel arises in a subsequent suit, when the issue involved in the latter suit has been raised and distinctly determined by a final decision in a previous suit between the same parties or their privies. Issue estoppel must be specifically pleaded, but it is not necessary to plead it in a particular form, as long as the facts constituting estoppel are stated in the manner that shows that the party pleading relies on it as a defence or answer. In this case, the findings in the earlier decision of Abutu J. were not appealed against. The 1st Appellant and the Respondent were parties to both suits and the 2nd Appellant is a privy to the 1st Appellant. Also, even though the two suits were predicated on different provisions of BOFIA, the substratum of both suits, was the SBC report which indicted the Respondent. The trial Court, per Okeke J., was therefore, right to have adopted and relied on the subsisting findings of fact in the earlier judgement. On the second issue, the Supreme Court found, based on Section 131 to 133 of the Evidence Act, 2011, that in civil cases, the burden of first proving the existence or non-existence of a fact lies on the party against whom the judgement of the Court would be given if no evidence were produced on either side, regard being had to the presumption that may arise on the pleading. In establishing his case before the trial Court, the Respondent relied on the earlier judgement of Abutu J. The circumstances of the Respondent’s resignation, were relevant facts before the Court and Abutu J. found that the SBC report indicted the Respondent. The decisions in the two suits are decisions of the same Court, and in the absence of an appeal against the finding of Abutu J., Okeke J was right to have relied on the earlier findings, in reaching his conclusions. The onus was on the Respondent, who was asserting that he ought not to have been blacklisted, to produce the SBC report, to prove he was not indicted by the report. There was nothing before the Court of Appeal to show that the decision of the trial Court was perverse. Therefore, the Court of Appeal has erred in setting aside the decision of the trial Court. Appeal Allowed. Representation: Elubode B. Omoboriowa, Esq. for the Appellants. A.M. Makinde Esq. with S.J. Odumosu, Esq., and M. Gambo Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

22.08.2017

NEWS/5 Oil and Gas Firm Asks Court to Wind Up another Over N57.6m Debt Akinwale Akintunde

L-R: Lagos State Comptroller of Prison, Mr. Tunde Ladipo, Head of the Family Court Division, Justice Yetunde idowu, Lagos State Chief Judge, Justice Oluwafunmilayo Atilade, Chairman of the Prison Decongestion Committee, Justice Oluwatoyin Ipaye and Justice Adenike Coker at the kirikiri Medium Prison during the Chief Judge’s Amnesty Visit to the Prison last week

Underage Imprisonment: LASG Restates Commitment to Child Rights Law ... Says imprisonment of underage children remains unlawful Akinwale Akintunde Following the release of underage inmates by the Lagos State Chief Judge, Justice Olufunmilayo Atilade, from different prisons across the State, Lagos State Government has restated its full support for the protection of children's rights through the Child Rights Law. Lagos State Solicitor-General and Permanent Secretary, Ministry of Justice, Mrs. Funmilola Odunlami, made this known at an interactive session with relevant stakeholders on children welfare matters including prison officials, officers of the Nigeria Police Force among others, held last Friday, at Alausa Secretariat, Ikeja The Chief Judge had between August 1 and August 17, 2017, freed 185 underage inmates from the three prisons located in the State, Badagry, Kirikiri and Ikoyi. The exercise to rid the prisons inthe State, of underage inmates started on August 1, 2017, with a visit to the Badagry Prison where 80 of the underage inmates were freed on the petition of Mrs. Modupe Olubamowo, a member

of the Prisons Ministrations team of Foundation of Life Church. Justice Atilade with the Prison Decongestion team and other stakeholders, also visited the Kirikiri Female and Medium Prisons on August 14, where 62 underage inmates both males and females and another 67 physically challenged inmates, were set free. Another 43 underage inmates from the Ikoyi Prison, also regained their freedom on August 17. According to a statement signed by Mr. Kayode Oyekanmi, Director, Public Affairs, Ministry of Justice, Mrs. Odunlami described the imprisonment of the underage children, as unlawful. She explained that the intention of the Child Rights Law, is to prescribe appropriate sanctions for children found in conflict with the law and provide appropriate rehabilitation methods, rather than issuing imprisonment terms. According to the SolicitorGeneral, there is need to provide appropriate training for Magistrates presiding over

matters concerning children in conflict with the law as well as relevant stakeholders, adding that the appropriate court which is the Family Court, should be allowed to exercise jurisdiction on matters affecting minors. She said that there is need for all hands to be on deck, to checkmate incidences of restiveness among children through proper parental upbringing and societal support. “Parents must begin to assume responsibility for their children, by being more alive to their responsibilities. Gone are the days, when parents left their roles to religious organsiations and government” “Legal officers should also know their areas of jurisdiction and limitations, as well as law enforcement officers so that appropriate authorities could be contacted when the need arises”, she stated. Odunlami maintained that, if appropriate courts are allowed to preside over issues that concern them directly, the incidences of sentencing minors to prisons, would drastically

reduce. Stakeholders at the occasion, deliberated on issues regarding alternative means of punishing children, and introduction of community services by Magistrates when sentencing the minors. They also sought for improved synergy between Ministry of Youth and Social Development and Women Affairs and Poverty Alleviation, for the introduction of additional skills acquisition programmes for children in correctional centres and rehabilitation homes. Personalities at the event which included Head of the Family Court Division, Lagos State Judiciary, Justice Yetunde idowu, Director of Public Prosecutions, Mrs. Titilayo Shitta–Bey, Director of Citizens Rights, Mrs. Ibirogba, Director of Public Defender, Mrs. Salami, Director Community Service, Mrs. Kareem Ikotun, Controller in charge of Ikoyi Prison, Mr. Julius Ezugwu, and others deliberated on various ways to reduce the sentencing of children to prisons.

An oil and gas firm, AYM Shafa Limited, has prayed a Federal High Court sitting in Lagos, for an order to wind up another oil firm, Omritas Energy Limited over alleged inability to pay a debt of N57.6 million. AYM Shafa Limited in the suit filed pursuant to Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2009 is asking the court to wind up Omritas Energy Limited in accordance to the provisions of Sections 409(a) and 410(1)(b) of the Companies and Allied Matters Act, CAP C20 Laws of the Federation of Nigeria, 2004. According to the Petitioner, the suit was predicated on the failure of the Respondent (Omritas Energy Limited), to fulfill its financial commitment in a business transaction. The petitioner alleged that the respondent, some time last year, offered to supply 1,000,000 litres of Dual Purpose Kerosene (DPK) at the rate of N150 per litre to the petitioner, for which N150,000,000.00 was paid to the respondent, but the respondent supplied 337,000 liters at N150 leaving a debit balance of N99,450,000.00. AYM Shafa Limited stated that after so many fruitless demands made to the Repondent to complete the supply of the DPK, the petitioner opted to take Automotive Gas Oil (AGO) at the rate of N160 per litre, wherein the respondent supplied 339,000 litres, leaving a balance of N45, 210, 000.00. The petitioner added that subsequently, the respondent approached it that it has a cargo of AGO and would sell at the rate of N160 per litre, wherein the petitioner paid the respondent the sum of N105,760,000.00 for the supply of 661,000 litres of AGO, but the respondent supplied only 583,000 litres of AGO leaving a debt balance of N12,480,000 when added to the earlier N45,210,000 brought the total debt of the respondent to the petitioner to N57,690,000.00.

According to AYM Shafa Limited, despite several demands by the legal representative of the petitioner to the respondent, to pay up its indebtedness, the respondent failed to do so. The respondent also made an undertaking on October 27, 2016 before the National Chairman and former National Chairman of Petroleum Tanker Drivers (PTD), to liquidate its indebtedness to the petitioner, but failed to honour it. Having failed to honour the undertaking it made before PTD National Chairman to pay its indebtedness to the petitioner, the respondent made another undertaking before the Commissioner of Police in Bauchi State, to liquidate its indebtedness to the petitioner by January 11, 2017 which undertaking the company failed to honour. On January 13, 2017, the respondent made another undertaking to pay its indebtedness to the petitioner and issued four Diamond bank cheques dated February 27, March 13 and 27, and April 10, 2017, which cheques upon presentation, were all dishonoured. Frustrated with the Respondent’s attitude towards the payment of the debt, the petitioner filed the suit urging the court to make an order that Omritas Energy Limited be wound up by court. But the respondent claimed that, the petitioner has not complied with the law in presenting the petition and is therefore, challenging the competence of the petition describing same as an abuse of court process. The respondent also denied being indebted to the petitioner to the tune of the amount claimed, or any sum at all. It further maintained that it only has 360,563 litres of AGO to supply to the petitioner, and that parties subsequently, disagreed on the price and the point of loading which is yet to be resolved before presentation of this petition. Meanwhile Justice Ayotunde Faji has adjourned the matter till October 10, 2017.

Alleged Non-Remittance: MCSN Asks Court Massive Opportunities for Data Centre to Stop COSON from Collecting Royalties Investments Exist in Nigeria and Across Africa Akinwale Akintunde The Musical Copyright Society Nigeria (MCSN) has prayed the Federal High Court sitting in Lagos, to stop the Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony Okoroji or their agents, servants from licensing, collecting royalties or dealing with musical works, sound recording and other ancillary works or rights in its (MCSN) repertoire. MCSN sought this relief in a suit filed against COSON and Okoroji, over allegations of non-remittance of royalties collected on its repertoire. MCSN is a collective society, recently given recognition by the Federal Government, after many years of legal battle. In the suit marked FHC/L/ CS/1172/17 and filed through its lawyer, Dada Awosika, MCSN accused Okoroji of ignoring its letter dated May 26, 2017, in which he (Okoroji), was

requested to account for monies collected on MCSN repertoire. MCSN is seeking a declaration, that it is entitled to an account of monies/royalties collected by the defendants, namely, the Copyright Society of Nigeria (COSON) and its Chairman, Chief Tony Okoroji on its copyright repertoire from 2010 till date, and at any other time at all by the defendants and their predecessor in title. The plaintiff (MCSN) also wants the court to compel COSON and its predecessor in title, to account for all monies collected on behalf of its members, assignors, exclusive licensors and affiliates, as well as money collected for the exploitation of its repertoire since 2010 and before. The plaintiff is praying the court to give an order directing the defendants to avail, furnish and deliver to it, a detailed account of monies/royalties they have collected on its copyright repertoire from 2010 till date and

at any other time at all. MCSN further sought an order of court, compelling COSON to remit and or pay over all the accounted monies /royalties due to the plaintiff, forthwith. In the 36-paragraph statement of claim with exhibits attached thereto, MCSN averred that notable Nigerian music authors, composers and publishers including late Moses Adeolu-Akinsanya (Baba Eto), Barrister Fatai Oladele Giwa and 129 others and international copyright holders; namely the Performing Right Society Limited (PRS) and the Mechanical-Protection Copyright Society Limited (MCPS) both of the United Kingdom were their promoters and members, and they and their successors-in-title, remain their incorporated members and subscribers to the Article and Memorandum of Association till date.

Jude Igbanoi As the conversation on the impact of digitalisation across various industries, takes centre stage at business and intellectual gatherings globally, digital- age law firms like Duale Ovia and Alex- Adedipe and a few other TMT experts are at the forefront of driving the discourse across the globe. Adeniyi Duale and Leke Alex-Adedipe were in London at the 8th TMT Finance Africa 2017, alongside more than 50 Corporate Executives from Africa’s largest TMT companies including MTN, Orange, Liquid Telecom, Millicom, American Tower Corp, Jumiah, Airtel Africa, SEACOM and Helios Investment Partners, to discuss investment and growth strategies for Africa’s TMT (Technology Media and Telecom) sector. Discussing opportunities

for investment into vertical services, key actors in TMT examined the huge potential in areas such as B2B services, payments and financial services, and ‘owning as much of the wallet as possible’. Areas around media, content delivery and digital services were also noted as key areas of focus. DOA partner, Adeleke Alex-Adedipe, who chaired the Enterprise Cloud & Data Centres Panel at the event, disclosed that Africa was the new frontier for data centres and cloud services investments despite its regulatory, financial and economic challenges. Taking a critical look at the development of the data centre market in Africa, other panel members which included, Ayotunde Coker, Managing Director, Rack Centre; Michael Tobin OBE, an Industry Entrepreneur; Amine Kandil, CEO & Founder of N+ONE Datacenters and Ranjith Cherickel, CEO &

Founder of icolo.io. discussed issues traversing data centre operators, investors and service providers. The considered opportunities for investment across Africa; the development of data centre markets in Africa; finance available for building and expansion; the most appropriate data centre models for the region; as well as the growth of cloud-based services and how it impacts Demand and Investment strategies for greenfield projects and developing markets. It was noted that whilst South Africa appears to be experiencing some investment in this regard, Nigeria would be the next stop, despite the obvious challenges. “There is massive room for investment in Africa and equally huge opportunities for existing data centres across Africa,” Panelists agreed. In the same vein, investors are confident about the market.

22.08.2017

SERAP: How Nigerians are Paying the Price for Corruption in the Electricity Sector Akinwale Akintunde The common man in Nigeria, has been paying the price for corruption in the electricity sector. Nigerians have continued to pay the ultimate price of crazy electricity bills, for staying in darkness. This and many other revelations are the findings of a 65 page Report titled “From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector” recently launched in Lagos by the Socio-Economic Rights and Accountability Project (SERAP). The Report, which is a researched work of Dr. Yemi Oke, an Associate Professor, Energy/ Electricity Law, Faculty of Law, University of Lagos, was sponsored by SERAP, with the support of the MacArthur Foundation. According to the report, “The total estimated financial loss to Nigeria from corruption in the electricity sector starting from the return to democracy in 1999 to date, is over Eleven Trillion Naira (N11 Trillion Naira). This represents public funds, private equity and social investment (or divestments), in the power sector. It is estimated that this figure may reach over Twenty Trillion Naira (N20 Trillion Naira), in the next decade given the rate of Government investment and funding in the power sector, amidst dwindling fortunes and recurrent revenue shortfalls.” The report revealed that, “The much-publicised power sector reforms in Nigeria under the Electric Power Sector Reform Act of 2005, is yet to yield desired and/or anticipated fruits, largely due to corruption and impunity of perpetrators, regulatory lapses and policy inconsistencies. Ordinary Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills". The research found that, lack of effective monitoring and supervision; the top-down model of electricity governance in Nigeria; Institutional decay and the current corrupt attitudinal dispositions of sector officials, and other players in the power sector; The current structural arrangement; Institutional improprieties; State monopoly; State-controlled

electricity governance model and lack of Decentralised Energy options, are among factors that aid the tide of corruption and impunity of perpetrators, in the Nigerian Power Sector. The Dr. Ransom Owan-led Board of the Nigerian Electricity Regulatory Commission, was also accused of “settling officials with millions of naira as severance packages, and for embarrassing them with alleged N3bn fraud. “The authorities must undertake a thorough, impartial and transparent investigation, as to the reasons why corruption charges were withdrawn, and to recover any corrupt funds.” The report also called for the reopening and effective prosecution of corruption allegations, including the alleged “looting of the benefits of families of the deceased employees of Power Holding Company of Nigeria (PHCN), levelled against a former Permanent Secretary in the Ministry of Power, Godknows Igali". It stated that, the Federal Government handed over the Transmission Company of Nigeria to a Canadian company, Manitoba, to manage under a management service contract of over $200m. The report reads: “The Obasanjo’s administration spent $10 billion on NIPP with no results in terms of increase in power generation. $13.278,937,409.94 was expended on the power sector in eight years, while unfunded commitments amounted to $12 billion. “The Federal Government then budgeted a whopping N16 billion for the various reforms under Liyel Imoke (2003 to 2007), which went down the drains as it failed to generate the needed amount of electricity or meet the set goals. Imoke was alleged to have personally collected the sum of $7.8 million for the execution of the contract for the construction of the Jos-Yola Transmission Line, which was never executed. There were documented/reported allegations of corruption against Imoke that fizzled-out shortly thereafter. “Professor Chinedu Nebo handed over the assets of the PHCN to private investors on November 1, 2013. Prof. Nebo is alleged to have corruptly funded the privatised power sector, with over N200 billion despite privatisation. The allegation of N200 billion funding of the privatised power sector during Prof Nebo’s

tenure should be thoroughly and transparently investigated, and anyone suspected to be responsible, prosecuted. Any corrupt funds should be fully recovered. “Our research revealed that the sum of N1.5 billion with which the vehicles were acquired, was allegedly sourced from the diverted N27 billion insurance premium of deceased workers of the defunct Power Holding Company of Nigeria (PHCN). “The National Assembly and members, should desist from and avoid manipulating the award of electricity contracts or cite projects in their constituencies, under the guise of “Constituency Project”. The National Assembly, should publish and ensure the full implementation of the recommendations of all power-related investigations to date. “The Federal Government should back-down from Rural Electrification initiatives, and allow states to undertake rural electrification through their respective Local Governments and Development Areas. Federal Government should consider fully divesting its stake in the power sector, and allow for efficient, decentralised sector governance by Federal and State governments, as appropriate, in line with the provisions of the Second Schedule, paragraph 13 and 14 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). “The 36 state governments should wake up to their rights, duties and obligations, under the Constitution of the Federal Republic of Nigeria relating to the power sector by working to promote and ensure access to regular and uninterrupted electricity supply for all residents within their States. The 36 State Governments, have been abdicating their duties to the power sector, bearing in mind that, Power is an item on the Concurrent Legislative List under the Nigerian Constitution. “When the late Bola Ige took up the mantle of the Power and Steel Ministry in 1999, he probably didn’t understand the magnitude of problems in the power sector and consequently, promised that within six months of his appointment, “power failure will be a thing of the past”, and that on a regular basis, he would brief the nation on the state of power, steel and aluminium. Current Minister,

Babatunde Fashola, SAN, also claimed that ‘a serious Government will fix the power problem in six months’. “The power sector under Ige, was characterised by epileptic and unreliable supply, bogus billing and archaic rate collection. The late Minister failed, and was unable to put an end to this. His failure was attributed to acts of sabotage and corruption, by people who were benefitting from the use of generators. The late Bola Ige, was not accused of corruption. “When Rilwan Lanre Babalola (2008 to 2010) took over the affairs in the Ministry of Power, he met 3,700MW on ground and promised to increase it to 6,000MW and ensure a 24-hour power supply by the end of 2009. Six months after assuring Nigerians of making a significant impact in the sector, in September 2009, the 3,700MW capacity he met on ground dropped to 2,710MW, which shortfall was attributed to inadequate supply of gas to the new generators. “The duo, Elumelu and Ugbane, allegedly colluded in misappropriating over N10 billion public funds from the account of Rural Electrification Agency (REA). The research also established, based on evaluation and analysing documents, a prima-facie case of misappropriation of unspent funds at the end of the year, instead of returning same to the treasury. Alleged misappropriation of N500million to buy houses; diversion of REA’s funds; flouting of government’s rules on award of contracts, and award of fictitious and unnecessary contracts, without following due process. “The government of Nigeria handed over the transmission company to a Canadian company Manitoba, to manage, under a management service contract of over $200 million. Findings also show that the Transmission Company of Nigeria, could not execute most of its approved 44 projects after having 50 percent of its N30 billion 2016 budget released to it. Funds were released from Eurobond. $23.6 million allegedly paid to Manitoba Hydro International (MHI) of Canada to manage the Transmission Company of Nigeria (TCN), would appear to be without due process.”

CONTINUED ON PAGE 13

Legal Personality of the Week Chioma Davis Williams

‘Perseverance, Hard Work and SelfConﬁdence Makes a Successful Lawyer’ I am Chioma Davis Williams, from Imo State, first female daughter and the 6th of seven children. I am married in Kogi State with a son. I had my childhood in Owerri. I attended Owerri Girls Secondary School. I Obtained my LL. B from Abia State University, Uturu and then attended Nigerian Law School, Bwari, Abuja. I did my compulsory NYSC in Sokoto State. After my NYSC, I stayed on in Sokoto State, and commenced my law practice. My strength is that, I can adapt easily in any type of environment. I am hardworking, self motivating and dedicated to my work, and also I'm a good learner. My short-term goal is, I want a platform where I can grow my career. My long- term goal is to reach the pinnacle of the profession. Have you had any challenges in your career as a lawyer, and if so, what were the main challenges? The legal profession has so many challenges for the young lawyer, and more especially, the female ones. As a female I have had to face the challenge of striking a balance between my family and practice. I see myself, first as a wife and mother, before a lawyer, and so daily, I try my best to balance both, so that I don't focus more on one, leaving the other to suffer. I have had to do cases

of it, at the beginning.

to be like that in this legal profession.

What was your worst day as a lawyer? I can't really remember having a day, which I would say, was my worst day. I have had some low moments though, but I can't say that I have had a worst day

Why did you become a Lawyer? I initially wanted to be a journalist, because I love advocacy. When I met late Amaechi Nwaiwu, SAN, and he explained how my advocacy skills would help in defending people, I changed my mind and studied law.

What was your most memorable experience as a Lawyer? I have always looked forward to the day I would appear at the Supreme Court, which is the Apex Court, as a counsel and announce my appearance. So the day that dream became a reality, I felt like I had been elevated. I got up earlier than usual, made sure I was ready and at the court even before the court registrars. It was a very fulfilling day for me. Chioma Davis Williams

outside jurisdiction, have had to deal and face difficult clients, I have been involved with cases in which I have had to struggle not to get too emotional or sentimental about. Another challenge, which every upcoming lawyer faces which I face, has to do with remuneration or income. The profession is not one that initially has much money coming out

Who has been most inﬂuential in your life? My Dad, Chief Ihem Davis, a renowned printer and publisher. He has been my pillar and strength from the outset. I wouldn't have been where I am or who I am today, without his wise counsel and tremendous support. The way he works hard and achieves anything he wants to, makes me to fight hard to succeed. He is a highly respected person, and I want

What would your advice be to anyone wanting a career in law? Anyone who wants a successful career in law, must imbibe these qualities, that is, Patience, Perseverance, hard work and absolute confidence in oneself. If you had not become a Lawyer, what career would you have chosen? I would definitely have been a journalist, with fashion designing as a hobby. Where do you see yourself in ten years? In ten years, I would have reached a higher position in the legal profession. I would have further developed myself professionally, to be on the Bench or any of the specialised courts or as a legal Officer in any MDAs because. In 10 years time, I would have further developed myself in the legal profession with capabilities to handle intricate legal responsibilities.

22.08.2017

8/COVER

22.08.2017

Mr. Hannibal Uwaifo PHOTOS: Kolawole Alli

‘Barriers Shouldn’t Exist in African Legal Community’ The diversity the African Continent presents, also transcends the legal profession, where three distinct jurisdictions are in operation, Common Law, Civil Law and Islamic Law. In the face of these seeming legal and also language barriers, the Bar Associations and Law Societies of the Continent's 54 countries, have managed to come together to tackle the Continent's sociopolitical, legal and economic challenges. The African Bar Association (AFBA), has provided an umbrella platform, to seek to address the various challenges in its member states. Onikepo Braithwaite and Jude Igbanoi spoke with the AFBA President, Mr. Hannibal Uwaifo, on how the body which was founded in 1971, has fared so far since its resuscitation in 2013. He also expressed concern over the growing impunity across African countries, and how AFBA can be of assistance

n the past few years, there have been reports of rising human rights abuses across African countries. What is your continental Association of lawyers doing about this? The African Bar Association (AFBA) was formed in 1971 as the “Fearless voice of the Legal Profession”, and between that time and when it went dormant in 1999, Human and People’s Rights was at the centre of its activities.

Since it was revived in 2014, Human Rights has remained our priority. We have even added Women, Children and Minority Rights. Reports of Human Rights violations in our Continent, are very rampant and frightening. Since the Association does not have weapons to fight the Government, and individuals that perpetuate these crimes, we have evolved a method of making those involved, to get properly educated about their duties and obligations to those they injure by violating

their rights in all circumstances. In some cases, we have intervened directly to release detained individuals by entering into dialogue. In other deserving cases, we have used our legal team to get justice, using the judicial process. All in all, the African Bar believes that more education and good governance, will help in eradicating abuse of Human Rights. It seems that many African Governments and their agencies, do not seem to have regard for the rule of law or obey court

orders. Take Nigeria for example, despite the courts granting bail to the former NSA, Rtd Col Sambo Dasuki and Sheik El Zakzaky and his wife, they still remain in custody. How can we change this narrative in Nigeria and indeed, Africa? The rule of Law is the bedrock of modern civilisation. Good leadership and good governance, begins with the observance of the rule of law. The rule of law presupposes that everyone, the Governors and the

22.08.2017 Governed, are under and subservient to the principles of law as enshrined in the various Constitutions and other laws, made for the good and orderly administration of the affairs of each Country. It encompasses the principles of Natural Justice. Everyone is equal before the Law, including the Government and any citizen affected by State action, has a right to seek redress before properly constituted Judiciary and whose independence is secured. The rule of law, also encourages the principles of separation of powers between the Executive, the Judiciary and Legislature. The three functions, in a division of labour manner to form a single Government, not three separate Governments, as most political office holders may want us to believe. These rules, are enshrined in the various Constitutions and Laws of African States. However, for most, the practice is in the negative. We have cases of flagrant disobedience of Court orders, by agencies of Government. This negative practice is bad governance, and is not restricted to Nigeria alone. At our Rebirth Conference in Harare, Zimbabwe in 2016, issues of the violations of the principles of the rule of law by several Governments across the Continent came to the fore-burner at the plenary session. Zimbabwe, the host Country was cited. Nigeria, Egypt, Congo, Cameroun, Burundi, Gambia and some other Countries, were also indicated. Zimbabwe made some changes. Our general approach, is to deeply investigate these negative behaviours, and advice Governments and their agencies to comply. We did advice Nigeria and we recorded a measure of success, and have been given the assurances that Government will not violate Court orders. We were also assured by the judicial authorities, that incidences of conflicting Court judgements and corruption, will be addressed. To us in AFBA, I believe the judicial authorities in Nigeria are presently doing the right things, although there is still a long way to go. The cases of Col. Sambo Dasuki and the religious Leader, El Zakzaky, are somewhat difficult to understand, I see a measure of politics in them, but Court orders must be obeyed, while the Government sorts out the politics politically. I therefore, call on the Government of Nigeria to release these Citizens who are now captives, since they have been ordered released. Government has a right to continue to pursue the cases against them, and that is when they can get public understanding. Africa can only change in the positive direction of the Citizens, wake up to their responsibility of asking their Governments to account. At present, we play politics with everything. Condemn when it suits us and praise when it suits us. Ethics and religious colorations are seen in everything. There is no Yoruba or Ibo Human rights. There are no Kenyan or Congolese Human Rights. Human right is Human right the world over. Southern Cameroun seems to be boiling, and many innocent citizens have been clamped in detention, including the Vice President of the African Bar Association. We understand that this has arisen from the demand by Southern Cameroun, for bilingual status, being an English speaking section of the country. What steps has AFBA taken to ensure that your Vice President is released from detention and peace returns to the region? The issue of Southern Cameroun is very pathetic, and anytime we sit to discuss the matter, everyone is filled with rage.

"THE AFRICAN BAR ASSOCIATION (AFBA), WAS FORMED IN 1971 AS THE “FEARLESS VOICE OF THE LEGAL PROFESSION”, AND BETWEEN THAT TIME AND WHEN IT WENT DORMANT IN 1999, HUMAN AND PEOPLE’S RIGHTS WAS AT THE CENTRE OF ITS ACTIVITIES"

COVER/9 Cameroun is a signatory to the African Charter on Human and Peoples rights. The Constitution of Cameroun provides for a bi-lingual state. Under that Constitution, the State is under obligation to guarantee the rights of all Citizens, whatever language they speak or creed they profess. The right to free assembly and peaceable protest is guaranteed. For a very long time, the people of Southern Cameroun have been treated as second class Citizens in their own Country. They are denied basic rights. They are frequently discriminated against, because they don’t speak French, the language of France, Cameroun’s Colonial Master. Common Law Legal System is what applies to Southern Cameroun, which is English speaking while the part of the Country that chose to speak French, practice Civil Law. The attempt to impose Civil Law on the English speaking people of Cameroun amongst the various illegalities and human rights abuses by the Cameroun Government, led to a general protest by the people and a strike which paralysed all activities in Southern Cameroun. Lawyers, Teachers, Traders, Captains of Industry, Politicians, Judges, Magistrates, everybody went on the protest which was ably led by Mr. Felix Nkongho, the Vice President (Central Africa) of the AFBA and President of the English Speaking Lawyers in Cameroun. The Government of President Paul Biya, who has been in power in Cameroun now for more than thirty-eight (38) years, responded with acts of oppression, intimidation and in a Gestapo-like manner, unleashed security agents on innocent and defenceless citizens. Some were murdered in cold blood, others were maimed, beaten black and blue. Judges of superior Courts, Magistrates Lawyers were arrested, tortured and are languishing in jail. Our Vice President, Felix Nkongho, was tricked into believing that the Government wanted a peaceful solution to the crises, and when he showed up, he was beaten up thoroughly and clamped into detention since January, 2017. Now he is facing a military tribunal on trumped up charges of Treason and other offences, that carry the death penalty. For protests which started in October 2016, we had thought that the Cameroun Government will be responsible enough to engage its aggrieved Citizens and the stand-off, but no, the situation is getting worse. We have been appealing to the Cameroun Government to act wisely and responsibly. We have engaged the authorities of France, who have influence on President Biya and his Government, and other notable world Leaders and Institutions. We have done practically everything humanly possible to help Cameroun normalise, but like the proverbial dog destined to get lost, the Government of Cameroun isn’t listening. France has done practically nothing to check its appointee, President Biya. We are going to move to the next stage, but I won’t tell you here now,

what it is, but it will shock the Cameroun Government and its Colonial Master, France. France lives and enjoys European freedom, it preaches democracy. We appeal once again to the Cameroun Government to have a re-think and France and other well-meaning world Leaders and Institutions, to prevail on Cameroun to release Mr. Felix Nkongho and all detained Citizens, and immediately embrace dialogue. AFBA, will be willing to join the process. The Nigerian Army, recently reported that it has set up human rights centres around the country, to handle human rights abuse cases, involving military personnel. AFBA has indicated its intention to engage in this initiative. What kind of involvement can we expect from your Association, and on what speciﬁc issues, apart from the reports of victims of Boko Haram suspects? What the Nigerian Army has done is very commendable, and I urge all other security agencies in Nigeria and other Countries in Africa, to emulate this. I thank the authorities for believing and acting on the tenets of Democracy, as this leads to Good Governance. The matter was discussed at the plenary of our 2017 Annual Conference, which recently ended in Port-Harcourt, Nigeria. AFBA would like to engage the Nigerian Army and the Armed Forces, to see that the Human Rights desks set up outside the Barracks are independent and have all the tools to function, not just to set up a desk. The desks must be manned by qualified personnel and its activities, investigations and solutions, must be carried out methodically to the satisfaction of Nigerians and the International Community. The AFBA has the technical know-how, and knows the issues at stake. We would like to assist the Army, and also be in position to

"THE CASES OF COL. SAMBO DASUKI AND THE RELIGIOUS LEADER, EL ZAKZAKY, ARE SOMEWHAT DIFFICULT TO UNDERSTAND, I SEE A MEASURE OF POLITICS IN THEM, BUT COURT ORDERS MUST BE OBEYED, WHILE THE GOVERNMENT SORTS OUT THE POLITICS POLITICALLY"

advice or defend them when the time comes. General Buratai and his Lieutenants, should be commended for taking this first bold step. AFBA recently took the position that many African countries have, through unnecessary stringent policies, hampered businesses on the African continent, which discourages the inflow of Foreign Direct Investments (FDIs). Issues that AFBA highlighted include amongst others, poor transportation infrastructure, bad and corrupt customs departments, denial of visas to foreigners without cogent reasons, etc. How can this be ameliorated? As the fearless voice of the Legal Profession in Africa, and one that understands the need to have a Continent that can compete with other Continents as a way to prosperity, we understand that there is unnecessary poverty in the midst of plenty. This is due to bad governance, lack of strong institutions, abuse of human rights, corruption, nepotism, redtapism, slow judicial process and so on and so forth. Add all this to our self-imposed blockades like visa, lack of coordinated air, road and rail connections. We have uncoordinated Customs and Immigration rules, poor infrastructure, poor planning. We are suffering in the midst of plenty. While all the roads, air and rail are open in Europe, Asia and America, we are here protecting fiefdoms and serfdoms. An Asian or European Citizen, can walk through the U.S, Canada, Europe and Asia with a single visa or a single passport. And we are busy issuing funny visas here and there, and collecting bribes at borders, and we say Africa is the Continent of the future. That is a big lie and self deceit. While the slogan is true, we must work hard for it. While Heads of States in Africa enter their private jets and fly to A.U and U.N meetings, it is practically impossible for their citizens to get connecting flights to destinations across the Continent. When we intervened in the Gambian Crisis, to return to Lagos became a problem when Arik stopped flying. We had to spend 15hrs in Casablanca, Morocco, to get connected to Lagos. We have to change these things. AFBA is thinking for Africa and we are also proffering solutions. You chose Port Harcourt, Nigeria as the venue of the recently concluded AFBA 2017 Conference themed “Overcoming The Legal Challenges of Doing Business In Africa”. Nigeria especially, seems not only to have legal challenges of doing business, but may be generally a more difficult place to do business than for example, Zambia. Being from Nigeria in particular, how do you think we can overcome the legal challenges of doing business here? What do you think of Nigeria’s new Ease of Doing Business drive? Is it making any difference to FDIs in Nigeria? What other steps do you believe that Nigeria can take to attract FDIs? I believe the Nigerian Government is taking steps in the right direction, with the Executive orders given to ease of doing business in Nigeria. These steps will definitely paint Nigeria in a good light. Other Countries like Tanzania, Egypt, Burundi, Zimbabwe, Namibia, Togo, Mali, Cote d’Ivoire have taken similar steps. Zambia is also getting it right. What we need to do is to synergise, work on the bureaucratic structures, build capacity, promote competition, build on our micro-economic successes, reduce taxes, open our borders, reform our judicial systems, kill and bury corruption in all its facets. If we do these, FDIs will flow in and can be sustained. Port-Harcourt was very beautiful, and the Conference could not have been held in a better place. We thank Governor Nyesom Wike for his support. Everybody enjoyed themselves and contrary to rumour mongers, Port- Harcourt is safe, sound and secure. The sparkle of the Garden City has returned. Your Association has expressed concerns over judicial corruption across the continent. Several arrests and dismissal of judges were made in Nigeria and Ghana. What is the situation in other African countries, and what ideas is AFBA bringing into the fight against judicial corruption? The judiciary is a constitutional institution, and problems affecting it must be addressed within that context. Let me first of all say that AFBA salutes Judges and other judicial officers, who continue to do their jobs courageously, in accordance with their oath of office. There are very many

CONTINUED ON PAGE 10

T H I S D AY TUESDAY AUGUST 22, 2017

TUESDAY, AUGUST 22, 2017˾ T H I S D AY

NEWSXTRA

Buhari Supporters Ground Enugu to Celebrate President’s Return Ask president to kick-start economy Don’t be distracted, NUPENG tells Buhari Christopher Isiguzo ÓØ ØßÑß Leaders of the All Progressives Congress (APC) in Enugu State yesterday embarked on road march to celebrate the return of President Muhammadu Buhari from medical vacation, declaring that his return would make positive impact in the nation’s polity. Buhari returned to the country last weekend after over 104 days in the United Kingdom on medical vacation. The party leaders who literally shut down the state capital as they marched through major roads, included the Director General of the Voice of Nigeria (VON), Mr. Osita Okechukwu, the party’s National Vice Chairman, South-east, Chief Emma Eneukwu, the party’s Chairman in the state, Ben Nwoye and the party’s gubernatorial candidate in the 2015 election in the state, Mr. Okey Ezea. Others included a notable party leader and National Secretary of the defunct United Nigeria Congress Party (UNCP), Chief Gbazuagu Nweke Gbazuagu, party chairmen in the local government areas, women and youth leaders among others. Operating under the aegis of Buhari Support Organisation (BSO), the party leaders said the return of the president was “a pleasant surprise” to them, noting that “even when anti-democracy forces wanted to laugh at us, God has confounded them.” Speaking at the BSO Secretariat along Bisala Road, Independence Layout before commencing the road march, Eneukwu, Ezea, Okechukwu and Gbazuagu expressed delight that the president had returned insisting that with his return,

his fight against anti-corruption and insurgency in some parts of the country will resume on a higher momentum. “We are happy and celebrating the president’s return. This president has made a difference between good governance and ordinary governance. We are here to thank God for giving our president another opportunity to live. “We pray that he will be beautified with good health so as to accomplish his good vision for Nigeria. Nobody can implement his vision better than him,” they noted. Earlier, the Chairman of Enugu State chapter of BSO, Chief Anike Nwoga, said with the president’s return, it was time for him to continue as a matter of urgent national importance, the good works of fixing our physical and social deficit infrastructure - electricity, roads, railways, education, health etc. Nwoga urged the president to appeal to the National Assembly to immediately approve the $29.9 billion foreign loans and more to get Nigeria out of recession and back to work. “Mr President, in the midst of the plunge in oil revenue, and the truism that oil prices may not rise soon; it is BSO’s considered view that more loans be obtained to quickly diversify our economy and provide the economic security you mentioned in your today’s speech. “We are making this request because it is better to harvest your uncommon acceptability by the international community to secure more loans. There is no doubt that the international community admires your integrity quotient. More loans will not only exit us from recession, but will enable you

NJC Appeals Judgment Restraining Investigation of Justice Ademola The National Judicial Council (NJC) yesterday asked the Court of Appeal in Abuja to void a judgment delivered by Justice John Tsoho of the Federal High Court, Abuja, restraining the council from proceeding with the investigation of Justice Adeniyi Ademola of the same court, over alleged misconduct. Justice Tsoho had on July 7 barred the NJC from inviting Justice Ademola for investigation over a petition filed against him by one Jenkins Duvie Giane Gwede in 2016, but was later withdrawn by the petitioner. The judge, who held that Justice Ademola should not be made to prove his innocence over a petition that was voluntarily withdrawn by the petitioner, said NJC’s insistence that Justice Ademola must appear before it was contrary to the provision of Section 36 (5 and 6) of the Constitution and

unlawful. In a notice of appeal filed before the Court of Appeal, Abuja, on August 14, for itself and three members of the panel investigating the petition against Justice Ademola – Justice Umar Abdullahi (rtd), Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim – the NJC raised 10 grounds of appeal and urged the court to set aside the judgment. The council said Justice Tsoho erred in law by assuming jurisdiction in the case where the National Industrial Court has exclusive jurisdiction. It noted that Justice Ademola being a serving judge was under its supervision and regulation. NJC argued that it was performing its supervisory and regulatory roles by seeking to investigate Justice Ademola on issues relating to performance of his official duties.

to add more mega watts of electricity, reverse the archaic idea of revamping the old gauge rail lines, instead of modern standard gauge, and expansion of the Kebbi/ Lagos States Rice revolution in other states according to their comparative crop advantage. “Mr President, you can imagine millions you will put to work, if additional $20 billion loan is added and the coastal, the Lagos-Kano, Port Harcourt-Maiduguri modern standard rail lines, Mambilla Hydro-power plant, Enugu Coal to Power, East-West, 2nd Niger Bridge, Enugu-Port Harcourt, Enugu-Onitsha and other federal

roads and the most importantly agrarian revolution takes off? “We also humbly request Mr. President, that all outstanding federal boards and other appointments be dished out with immediate effect; as both the Holy Bible and the Holy Koran prescribe that those who work in the vineyard should eat from the vineyard. “This is the best way to reinforce hope of the citizens, cement the national consensus that it better to live together than to live apart, contain Boko Haram, kidnappers, herdsmenfarmers clashes and other criminal elements and provide the peace and security of our

dream. Time is of essence Your Excellency,” he said. Also, the National Chairman of Petroleum Tanker Drivers’ branch of the National Union of Petroleum and Natural Gas Workers (NUPENG), Salmon Oladiti, advised President Buhari not to be distracted but should remain focused to his administration commitment to put the economy in good shape and ultimately, turn around the fortunes of Nigerians. The NUPENG boss stated this in a statement he signed and made available to journalists in Abuja. Oladiti who expressed concern on negative comments on the

state of the president’s health while he was out of the country, said he was excited that certain individuals who were playing god that Buhari’s health had worsen and that he would not return have been put to shame. Oladiti however pleaded with the present administration to redeem its pledge to put all federal highways in good shape and remove the present trauma that his members are subjected to in the process of conveying petroleum products from the depots to retail outlets across the country.

PDP CHIEFTAINS

L-R: National Secretary, Peoples Democratic Party ( PDP), Senator Ben Obi; Rivers State Governor, Nyesom Wike; Delta State Governor, Ifeanyi Okowa; Governor of Ekiti State and Chairman, PDP Governors’ Forum, Ayodele Fayose; and former Deputy Speaker, House of Representatives, Hon. Austine Opara, when Okowa received the party chieftains for the Anambra PDP governorship primaries, at the Asaba Airport....yesterday

Total Acquires Maersk Oil for $7.45bn in Share, Debt Transaction Ejiofor Alike

The transaction is expected to close in first quarter 2018 French oil giant, Total, and has an effective date of yesterday announced that 1st July 2017. Commenting on the it had acquired 100 per cent of the equity of the E&P transaction, Total Chairman company, Maersk Oil & Gas, and Chief Executive, Patrick said: “This a wholly owned subsidiary Pouyanne, of A.P. Møller – Mærsk, in a transaction delivers an share and debt transaction. exceptional opportunity for Total said in a statement Total to acquire, via an equity that under the agreed terms, transaction, a company with A.P. Møller – Maersk will high quality assets which are receive a consideration of an excellent fit with many of $4.95 billion in Total shares, Total’s core regions. “The combination of while Total will assume $2.5 billion of Maersk Oil’s debt. Maersk Oil’s North Western According to the statement, Europe businesses with Total will issue to A.P. our existing portfolio will Møller – Maersk a total of position Total as the second 97.5 million of shares, based operator in the North Sea on the average Total share with strong production price on the 20 business days profiles in United Kingdom, prior to August 21 (signing Norway and Denmark, date), which will represent thus increasing exposure to 3.75 per cent of the enlarged conventional assets in OECD countries. Internationally, share capital of Total.

in the United States Gulf of Mexico, Algeria, East Africa, Kazakhstan and Angola there is an excellent fit between Total and Maersk Oil’s businesses allowing for value accretion through commercial, operating and financial synergies,” Pouyanne explained. “We are also very pleased that we will have a new anchor point in Denmark which will host our North Sea Business Unit and supervise our operations in Denmark, Norway and the Netherlands. We intend to build on the strong operational and technical competencies of the Maersk Oil teams in the same way we managed to do it in Belgium with the teams of Petrofina in the refining & chemical businesses,” Pouyanne added. Pouyanné concluded that the transaction is immediately

accretive to both cash flow and earnings per share and delivers further growth over coming years. “It is in line with our announced strategy to take advantage of the current market conditions and of our stronger balance sheet to add new resources at attractive conditions. By adding such a portfolio of growing conventional offshore North Sea assets, we confirm our strategy for value creation of, on the one hand, playing to our core strengths in order to grow further and, on the other hand, to constantly seek to lower our break-even by delivering significant synergies. This transaction will deepen and accelerate this strategy significantly, as Total will become a 3 Mboe/d major by 2019 to the benefit of all Total shareholders,” he said

TUESDAY, AUGUST 22, 2017˾ T H I S D AY

NEWSXTRA

Public Holiday for Buhari’s Return is an Aberration, Says Kogi PDP Dino Melaye: Decision is hypocritical Yekini Jimoh ÓØ ÙÕÙÔË The Peoples Democratic Party (PDP) has described the public holiday declared by Kogi State governor, Alhaji Yahaya Bello, to honour President Muhammadu Buhari’s return to the country as aberration, just as Senator Dino Melaye

said the governor’s decision was hypocritical. The party in a statement issued yesterday and signed by Achadu Dicson, Director Research and Documentation, lamented that while it was an acknowledged fact that governance in the state has drifted in the last 17 months,

NBS: Banks Sacked 360 Workers Every Week from January to June The National Bureau of Statistics (NBS) had revealed that 8,663 workers lost their jobs in the first half of 2017. Data made available by the NBS showed that an average of 360 people were sacked every week from January to June 2017. The figures, according to The Cable, were higher in the first quarter and lower in the second. According to a report titled: ‘Selected Banking Sector Data: Sectoral Breakdown of Credit, ePayment Channels and Staff Strength,’ released by the bureau last Sunday, a total of 8,663 lost their jobs and more contract staff were employed during the period. In the first quarter of 2017, there were 174 executive staff but the figure reduced to 161 in the second quarter. From 20,483 senior staff in the first quarter, the number dropped to 19,826 in the second quarter. The drop was larger in the junior staff category where the

number dropped to 33,783 in the second quarter from 36,202 in the first quarter. However, the number of contract staff increased from 20,237 in the first quarter to 21,837 in the second quarter. In January, Heritage bank had sacked 400 workers although Fela Ibidapo, the bank’s head of corporate communications, had said the figures were incorrect adding that the mass sack was not limited to the bank but it cut across all operators in the industry. In May, Ecobank Nigeria, a subsidiary of the Ecobank Group had merged 74 branches saying it was embracing digital channels which would reduce the need of visiting physical locations. In 2016, Chris Ngige, minister of labour had warned banks to desist from the banking spree the industry embarked on. This did not yield any result as First Bank last week, sacked over 300 staff.

declaring a public holiday in the state is the heights of lack and loss of ideas. Achadu, said while governance in the state has been brought to its lowest ebb, with workers owed salaries and pensions for as much as 17 months, the heavy indebtedness by the state to commercial banks to the tune of N35billion, with nothing to show in terms of infrastructure, leaves much to be desired by the declaration of a public holiday. While noting that as a party, it shares in the joy of the health recovery of Mr. President, and has always joined in the prayers for his quick recovery, the loss of man-hour with the declaration of a public holiday is an indication that the state has reached the lowest ebb in terms of governance. The statement said, “The recent government action

shows that we have entered a one chance administration”, in which the ship of state is heading to no direction. The PDP in the statement said rather than devote energy to pray for Mr. President, citizens should pray for God to heal Kogi State, noting that the state has lost focus, and is losing the decency of comity of serious states in the country. Also reacting yesterday, Senator Melaye representing Kogi West senatorial district in the National Assembly described the action of the governor as hypocritical. Melaye who condemned the act in a social media platform ‘Positive thinker,’ expressed worries on the way the state is being governed by the present administration. He noted that the latest action further confirmed Bello’s gross incompetence and outrageously incapable to lead his people.

According to him, “President Buhari must be disgusted with the juvenile and bootlicking attitude of the butterhead governor of Kogi State. “Kastina State the home state of our beloved president has not declared public holiday,why then is Bello taking panadol for another man’s headache. We love our president in Kogi State no doubt. But Governor Bello said that the public holiday was declared to celebrate Buhari as an African icon, who went on a medical trip abroad and came back in good health. The governor who reacted to criticism yesterday through his Director General on Media and Publicity, Mr. Kingsly Fanwo, said: “The holiday was to enable the people of Kogi State celebrate the grace of God for bringing Mr. President back alive. “It also afforded the people of the state the opportunity to pray

and fast for the progress of Nigeria and for Mr President to keep waxing stronger for the task ahead. “It is unfortunate that those condemning it choose to take panadol for our headache. They should join us to celebrate the Lion of Africa and stop politicising an act of patriotism on the part of the governor. “Bello had a health and celebratory walk today and visited the Specialist Hospital where he declared free medical care for all patients on admission. “To the beneficial families, it was a great day. God forbids, if Mr. President had died, many states would have declared many days of mourning. But Kogi only declared one day to thank God for saving our president’s life. Are some people angry that Mr President is back, hale and hearty to continue to fight corruption?

First Nation Now Operates Charter Service Chinedu Eze One of Nigeria’s commercial airlines, First Nation Airways, has abandoned schedule flight service for charter operations. This was confirmed in a telephone interview by the airline to journalists who wanted to know why it still operates one aircraft instead of the minimum of two as prescribed by the Nigerian Civil Aviation Regulations for scheduled service. Recently the First Nation Airways was slammed with N33.5 million sanctions for the breach of safety regulations and according to the Nigerian Civil Aviation Authority (NCAA), the agency is working out modalities on how the airline would pay such huge penalty. Capt. Muhtar Usman, the Director-General, NCAA, told journalists yesterday in Lagos that the airline had downscaled its operations from schedule operator to non-schedule, saying that the status would remain so until it improved its aircraft fleet to at least two and would have to meet the requirements for schedule services. On the total N33.5 million sanctions imposed on the airline

some few months ago for safety negligence, Usman confirmed that the authority would work with the airline to ensure the penalty was paid. He, however, said the essence of sanctioning any operator or organisation was not punitive, but to serve as a corrective measure to prevent recurrence. “Yes, they use one aircraft and they were on schedule services, but the present status now is that the certificate of the airworthiness of the status has been changed to non-schedule service, which is charter service. So, they are no longer into schedule service until they are able to meet the requirement for scheduled service. “I will still reconfirm to you that whatever sanction we impose on any operator it’s in-line with Civil Regulation and it’s not punitive, but corrective. FirstNation was sanctioned, they appealed, the appeal, which was upheld. So, we are still working with them to pay the sanction. We don’t want to cripple any operations. If it is safety related, we will not waste time, but the payment is being worked out now,” Usman said.

AWARENESS WALK

R-L: Ogun State Governor, Senator Ibikunle Amosun; Secretary to the State Government, Mr. Taiwo Adeoluwa; Deputy Governor, Mrs. Yetunde Onanuga; Commissioner for Education, Science and Technology, Mrs. Modupe Mujota and her Ministry of Information and Strategy counterpart, Chief Adedayo Adeneye, during an awareness walk with the 161 students of the 2017 Ogun Summer Camp in Abeokuta

PDP, APC Trade Blame over Attack in Bayelsa Emmanuel Addeh ÓØ ÏØÏÑÙË The Peoples Democratic Party (PDP) and All Progressives Congress (APC) in Bayelsa State yesterday traded words over last week’s attack on the APC secretariat in Yenagoa in which two persons died. In a statement signed by the state Bayelsa PDP Chairman, Cleopas Moses, and Publicity Secretary, Osom Macbere, the party stated that violence had always characterised APC activities in the state, noting that the party remains an embarrassment to the Bayelsa people and a threat to grassroots democracy. Moses expressed concern over the repeated cases of violence which have resulted in loss of

innocent lives and destruction of properties in the state, noting that the violence perpetrated during the incident was unacceptable. “That extreme violence has become a recurring decimal in almost all activities in the state viz-a-viz APC 2015 gubernatorial primaries, 2017 non-elective congress and the attempted inauguration of their acting chairman on the August 18, 2017 all of which have resulted in bloodletting. “I want to remind every Bayelsan of this same characters for their unrepentant, predominately evil nature even as it played out in the last Bayelsa State gubernatorial election where innocent people were killed in Southern Ijaw, Ekeremor and Brass local

government areas,” Moses said. But the APC in a statement signed by the state acting party Chairman, Joseph Fafi, argued that the attack was sponsored with the obvious intentions to distract the inauguration of the new party structure of the party. “Though, in the end, two party members lost their lives, it goes without saying that politics should be devoid of bitterness, rancour and acrimony. Those who sponsored these hoodlums to take lives and destroy properties are themselves equally culpable of these dastardly and nefarious acts. “Bayelsa indigenes at all levels are enjoined to be vigilant while security agents and law enforcement agencies are to equally step up their acts

towards the arrest, prosecution and the protection of lives and properties in the state. “The newly inaugurated acting chairman and the exco members are determined to give Bayelsa people and all those living and doing business in Bayelsa a lease of life. This is a new dawn. It is no longer business as usual. The old, corrupt and mundane order must give way because change has come to stay,” Moses said. A clash between two factions of the party in Yenagoa had last week led to the shooting of two persons during a gun duel with one faction loyal to ex-Governor Timipre Sylva and the other to Tiwei Orunimighe, contending for the ownership of the secretariat.

T H I S D AY ˾ TUESDAY, AUGUST 22, 2017

TUESDAYSPORTS

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

Rohr Recalls Ighalo, Nwakaeme, Alampasu Tipped for Battle of Uyo Duro Ikhazuagbe Ahead of the double header World Cup 2018 qualifier against Cameroon, Super Eagles FrancoGerman coach, Gernot Rohr is believed to have recalled former Watford forward, Odion Ighalo back to the senior national team along with some fresh faces. Ighalo who switched to Changchun Yatai in the Chinese Super League in the January transfer window has rediscover his scoring tricks in the Far East and is getting a new look in from the Eagles gaffer. He has 11 goals from 20 games for Yatai and is being strongly considered for a starting role. THISDAY learnt yesterday that Rohr’s list of 23-players for the double header is to be released today by the Technical Committee of the Nigeria Football Federation (NFF). Also scooped to make his debut against the Indomitable Lions is Anthony Nwakaeme of Hapoel Be’er Sheva from the Israeli topflight. Nwakaeme ended last season with 14 goals in the league, he also had 10 assists, 54 shots on targets and completed 1,003 passes. He has scored five goals this term from six appearances. Nwakaeme was voted the player of the season in Israel following his sterling display for the league champions. Nwakaeme caught the attention

of the coach in one of the games of the last season’s Europa League where he played a leading role for Hapoel Be’er Sheva in their shock win over Inter-Milan. The forward is reportedly one of the players Rohr is considering to boost the attack of the Super Eagles. Carl Ikeme’s absence from the Super Eagles is believed to have opened another opportunity for exjunior goalkeeper, Dele Alampasu, to contest for the number one jersey of the team. Alampasu is tipped as one of the players to be listed in the battles of Uyo and Yaounde. The 20-year-old former Golden Eaglet has been called to the Nigeria squad since 2015, but is yet to play a competitive fixture for the three-time African champions. The gangling goalkeeper has Ikechukwu Ezenwa to contend with for the starting shirt. Ezenwa was in goal for the home-based Eagles on Saturday in Kano as Nigeria defeated Benin Republic to qualify for the 2018 CHAN tournament. With Leon Balogun back from the injury that prevented his featuring for Nigeria the last term against South Africa in the AFCON 2019 qualifier, Rohr should be happy now having his three central defender in place. William Troost-Ekong and Chidozie Awaziem are the others to compliment the heart of Eagles defence.

AfroBasket: Zenith Bank Hails D’Tigress for Booking Q’ﬁnal Ticket Zenith Bank Plc, sponsors of the annual National Women Basketball League, has showered praises on the Nigeria female team, D’Tigress, for the impressive results recorded so far at the ongoing FIBA Women Afrobasket taking place in Mali. D’Tigress started the competition on a winning note defeating Mozambique 80-69 in their first game, whipped Democratic Republic of Congo 84-47 in the second and on Sunday defeated Egypt 106-72 to emerge the first team to book a place in the quarterfinal of the competition. The Group Managing Director of Zenith Bank, Peter Amangbo, yesterday applauded the team and said the bank was proud of the results posted so far. He said: “We are really delighted especially because only few weeks ago, some of the players representing Nigeria in Mali were in the final of the Women Basketball League which we have sponsored in the

country for 13 years. “The players have demonstrated to everybody that they are good enough to rule Africa. D’Tigress have shown Nigerians that our investment in the game has not been in vain in the country,” stressed the bank’s CEO. Amangbo went ahead to charge the players to continue their winning streak in the continental basketball competition. “The quarterfinal is the stage where the keen contest will start, we believe in the team and charge the players and officials to go all the way and win the title,” the Zenith Bank boss added. Today in Mali, D’Tigress will take on Guinea in their fourth group match but the victory recorded in the three games already played has guaranteed Nigeria a place in the last eight. Nigeria will play Senegal in the last group match of the competition which ends on August 27.

Neymar Slams Barcelona Chieftains

Paris Saint-Germain’s world record signing Neymar launched a scathing attack on his former club’s directors, saying “Barca deserve much better”. The people in charge at the Catalan giants “are not the people who should be there, for the direction of Barca,” Neymar told reporters after scoring twice on his home debut as PSG thumped Toulouse 6-2 in Ligue 1 on Sunday. “I want to speak the truth, I’m

very sad with them,” said the Brazilian star who cost the Paris club a world record 222 million euros ($261 million) to prise from Barcelona. “I spent four years there and I was very happy. At the start, I was happy. I spent four beautiful years there and I parted happy. But with them (the club’s directors), no. “For me, they are not the people who should be there, for the direction of Barca,” said Neymar.

Ighalo is expected to be named in Eagles list for the Battle of Uyo

WWE SUMMERSLAM 2017

Mahal Overcomes Slippery Nakamura to Retain Championship Femi Solaja at the ringside Barclays Center in New York Crowd pleaser and Indian born wrestler, Jinder Mahal, handed Shinsuke Nakamura his first singles loss to retain the WWE Championship belt on Sunday night. It was one of star matches of the SummerSlam Final at the Barclays Center in New York. However, it was The Singh Brothers who assisted Mahal by distracting Nakamura just long enough for Mahal to gain the upper hand. It was a lacklustre ending of a match that did have some strong intensity overall, and the reaction to the result was mixed. Mahal has been one of 2017’s most surprising success stories. And he displayed his new-found confidence during the match, coming across as the star few expected to be. Although he moves like Michael Jackson, Nakamura’s main asset is his physicality, and he used that attribute with great effect against Mahal. The Japanese-born Nakamura had entered SummerSlam with a tonne of confidence after beating Cena, but he was at a disadvantage due largely to Mahal’s penchant for stacking the deck in his favour with the presence of The Singh Brothers. The number-game worked in Mahal’s favour once again at this SummerSlam and helped secure him a victory. But Nakamura put on a strong performance and made a case to remain in the title scene in the next few years. In another main battle, the Fatal 4-Way event came to a thrilling end as Universal Champion, Brock Lesnar defeated Roman Reigns, Samoa Joe and Braun Strowman in a thrilling encounter that ignited

Jinder Mahal the packed crowd on their feet all through the over 20 minutes of the side drama. In a match where The Beast Incarnate staked nothing less than his WWE future on the out come of the clash with the undisputed Universal Champion, he defeated his three opponents to retain his title in a SummerSlam Fatal 4-Way that all but reduced the Barclays Center to a smoldering crater at the corner of Atlantic and Flatbush. While each Superstar was a destroyer in his own right, the four competitors picked a similar style throughout the course of the demolition-derby contest. Reigns played offence, dishing out great punches repeatedly including one that plowed Lesnar through the barricade in the early goings of the match. Joe played spoiler, largely appearing whenever there was a

weakened, staggered or otherwise compromised opponent ripe for his near-inescapable Coquina Clutch submission hold. Lesnar, who didn’t necessarily need to be involved in the conclusion of the match to lose his title, was left to play defence, fighting through onslaughts from his three opponents to stay in the eye of the storm at all times. Strowman, whose ear was bloodied after Reigns hit him with the steel steps, could not close out against the two Samoans, despite breaking up a Coquina Clutch that nearly put The Big Dog to sleep. Had it stayed between those three, The Monster Among Men might have pulled out the win, but Lesnar wasn’t finished with him. In almost ‘free for all’ scene, Brock Lesnar remained champion while Braun Strowman and Samoa Joe

were left to lick their wounds. In the women’s field, CanadianAmerican wrestler, Natalya put on a wrestling clinic and wrestled the WWE Women’s championship off Naomi in the final showdown to become the latest champion in that field. Natalya started the match with a quick slap on Naomi, but the defending champion retaliated with a strong elbow kick that almost send her opponent to the canvass. As the bout wears down, Natalya had enough and decided to attack Naomi’s knee to slow her down as she persistently delivered suplexes and pinned Naomi regularly. Natalya inflicted more pain by applying a cleverly-executed abdominal stretch on Naomi in the middle of the ring. Although Natalya was in control for the majority of the match, she began to look frustrated and started jawing with the crowd. Naomi had a hard time generating offense against Natalya. Every time an opening presented itself, Naomi couldn’t capitalise. Natalya thought she smelled blood in the water when she applied a Sharpshooter to Naomi in the middle of the ring, but Naomi countered it quickly. However, Natalya applied it again after escaping Naomi’s split-legged moonsault, and the champion tapped out in pain. Natalya hadn’t won a women’s championship in six years, and it was a huge moment to see her lift the title high once more after going so long without it. Late last night, fans were entertained as notable WWE superstars were on hand to thrill the crowd with great skills and technics.

Tuesday August 22, 2017

UT H

& RE A S O

Price: N250

MISSILE Garba Shehu to ASUU “This strike is unnecessary. The issues can be resolved, especially when we have full understanding of where we are coming from. The governments that signed those agreements did not deem it ﬁt to implement because the capacity was not there. They (ASUU) want all the problems to go with a wave of the hand. They want all the answers to all their problems at a go” – Presidential spokesman, Mallam Garba Shehu, on why the striking university lecturers should be more realistic.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Presidential Broadcast and Other Stories

“B

aba don come oh. Baba o yo yo, Baba Bubu o yo yo” “What is that?” “Eh, o yo yo” “If you are this excited about President Buhari’s return, then why didn’t you go to Abuja to welcome him when he arrived from England on Saturday.” “I didn’t have to” “After 104 days on medical vacation in London. You should have been there to show your loyalty, and your commitment to change.” “There were other people there. They serenaded Baba all the way from the airport to the Villa. That is how you know a popular leader.” “Don’t get over-excited, my friend. Those people were paid N2, 000 each. They shared money the same way the pro-Buhari protesters who challenged the Charly Boy group shared money. You should know when a crowd has been rented.” “Whatever. We thank God that Baba is back. We are just waiting for those people who threatened to commit suicide if the President returns home alive to go straight ahead and do so.” “Nobody said that.” “But you know some people didn’t want him back.” “On the contrary, everybody wanted him back. The resume or resign protesters wanted him back. They put him and his doctors under pressure. The President’s return is a kind of triumph for civil society. We can see that the people still have power. Once the Charly Boy group began to protest and the whole thing almost resulted in ethnic riots, I knew something was going to give.” “Nothing gave. The President had said he would return whenever his doctors ordered him to do so and that was what happened” “How naïve? Let me tell you. You will recall that when the #Ourmumudondo movement…” “Those mumus. Baba will show them. Very irresponsible elements” “I like their kind of irresponsibility because when the Buhari police decided to shut them down, with rented counter-protesters, and police brutality, they simply moved their protest to the UK, and North America. The people you call Mumus went straight to Abuja House in London and set up shop directly in front of President Buhari’s bedroom. One night vigil and shouts of Baba, resume or resign, the President had to suspend his medical vacation and leave London. He didn’t wait for another night vigil. People power. I salute the Mumus. Their Mumu don do, true true.” “You are beginning to sound irresponsible. The President obeyed only doctor’s orders.” “Okay, may be you are right. It is just that we don’t even know what the President is being treated for. He and his handlers won’t tell us. But they probably figured it out that if Nigerians in the UK are allowed to hold night vigil under the President bedroom in London, their noise-making will not allow him to sleep, and that could cause other problems. The noise could even affect his ears. Nigerians are very good at shouting, and in London, nobody will allow that kind of ethnic conflict that happened at Wuse market.” “I hope you know Baba has promised to deal with political mischief-makers. You better be careful”. “What have I said that is wrong? I am just saying that Baba’s London doctors gave him marching orders to resume because they know there is something called medical politics, or political medicine.” “There is no such thing.”

President Muhammadu Buhari “Where the health of a national leader is involved, there is always politics involved, international politics in this case. What if I tell you that President Buhari’s departure from London probably had the hands of the MI6 in it? What if the actual order to go and resume and return came from British Intelligence, through his doctors?” “What is important is that Baba is well and all his detractors have been put to shame. Insha Allah, Baba will lead us in good health to the promised land of change. And if you want to be honest, you will agree with me that Baba’s return has stabilized the polity.” “I agree with that. I am a honest man. In fact, I always prayed for the President to get well. It is in our collective best interest for President Buhari to be well, and for him to complete his tenure. We need him more than we think, if we want Nigerian to remain one and in peace till 2019.” “Nothing will happen to Baba, insha Allah.” “Amin” “And now that the lion is back, every rodent, hyena and jackal in the forest had better beware. That much was made clear in the President’s broadcast. Let those who have ears listen and listen carefully.” “I don’t like that speech.” “What don’t you like about it?” “It sounded like a speech written by an ex-soldier for an ex-soldier. “ “It reflects President Buhari’s style, how is that a problem?” “The President’s return after 3 months on medical vacation is a great moment. But that national broadcast was underwhelming. The President failed to seize the moment. That speech was a routine speech. No literary flourish, too short, too cryptic, too contemptuous.” “The President is back to the country to provide leadership, not to compete with Wole Soyinka in literature.” “The speech is full of illogicalities, platitudes and non-sequiturs. Nobody will remember it.” “The speech shows the President taking charge and warning all mischief-makers and irresponsible elements to beware. And that includes people who go to the social media and cross national red lines with useless comments, questioning our existence as a nation”. “Is the President accusing some people of treasonable felony, because when he says national red lines, I don’t know what that means? Is it treasonable to ask for the restructuring of Nigeria?” “Don’t rewrite the speech. The President says Nigeria’s unity is settled and it is non-negotiable.” “Very wrong statement. Nigeria’s unity is not settled. It is certainly not settled. Since 1914, Nigeria has been

a subject of continuous negotiation.” “Baba has said his own. Terrorists and criminals who don’t want Nigeria to have peace will be destroyed.” “Destroyed. That again is the problem with that speech. Too aggressive. Wrong message. Wrong timing. He goes on medical vacation for 3 months and the first thing he does is to issue threats.” “The President took an oath to defend the Nigerian Constitution. Terrorists and criminals are enemies of the Constitution. If anyone is in doubt, one of the first meetings the President held was with the Security Chiefs. He has returned from London to restore order and discipline. Kidnappers, violent farmers and pastoralists, Boko Haram, ethnic gladiators, social media children of anger, Baba don come oh, Baba o yo yo.” “Baba says “destroy relentlessly, reinforce, reinvigorate.” He says there is a national consensus that it is better for us to live together than to live apart. Apparently, someone must have been lying to the President, misinforming him. There can’t be any consensus when Nnamdi Kanu and other Biafrans want to secede, Afenifere is talking about Oduduwa Republic and Arewa Youths have given Igbos an October 1 ultimatum to ship out of the North.” “Those are exactly the irresponsible elements the President is talking about. That’s why he also reassured Nigerians that they are free to live anywhere without let or hindrance.” “The President spoke for six minutes and he was talking tough throughout. I don’t think those he calls irresponsible elements are going to stop talking because he says government is ready to destroy. The President missed the opportunity to use that speech to full effect. If I had been asked to edit it, I would have written it differently. I would have made it the speech of a statesman, promoting and encouraging dialogue and patriotism. I would have commended Osinbajo and the security agencies. I would have inserted some statements about the achievements of the administration. I would have included a major policy move: like dissolve the cabinet and send a list of new Ministers to the National Assembly. The whole world was waiting for that speech!” “You like to dream.” “The President could have given the speech some historic weight and value. He failed to do so. He could have in fact, dissolved the cabinet.” “I don’t think so.” “But one of your people, Okorocha, the Governor of Imo state, even said something similar. He wanted the Cabinet dissolved.” “You expect the President to sack all the Ministers who came to receive him at the airport and who visited him in London, organized prayers and supporters, the first day he resumes office? You are an irresponsible element. The President is a wise man. I stand with Buhari.” “Keep standing. One of these days, your legs will start paining you. I hope you know that irresponsible sycophancy can give someone arthritis.” “I am not a sycophant. I am a teller of truths. And I believe the President used exactly the kind of words Nigerians will understand.” “My only response is that you are at least better than that self-seeking sycophant who is Governor of Kogi state. What’s that his name again? Can you believe the fellow declared a work-free day to welcome President Buhari back to Nigeria? What nonsense!” “What’s your own? The people of Kogi and the state House of Assembly members are not complaining.“ “It is the height of irresponsibility. In case you are

from Kogi state, you better tell that your Governor to get his acts together. When he is not quarreling with other politicians, he is building personal houses on public spaces, and now, he is declaring an irresponsible public holiday. I won’t be surprised if he declares a one-week holiday in Kogi state when he gets to hear that President Buhari has also resumed duties fully in za ozza room.” “You always like to talk about the President’s other room. Your interest in that room will get you into trouble one of these days, and you would have used your mouth to declare yourself an irresponsible element. You could even receive punishment worse than that of terrorists and criminals.” “I am exercising my right to free speech.” “Free speech. Leave that thing. Those who engaged in free speech before you went behind secretly to go and apologise. Even Ojukwu recanted and went to Daura to apologise. He led the Biafran secession in the First Republic but in 2003, he went to visit Baba in Daura and agreed with him that Nigeria must remain one and united. Just watch what you say.” “I don’t believe that Ojukwu tale in the President’s broadcast. It sounds like a tale by the moonlight.” “Are you trying to say that the President is lying? Hmm. You know you are my friend, stop saying irresponsible things. I sincerely don’t want you to be destroyed. Even Nnamdi Kanu is beginning to lie low. He no longer wants to disrupt the Anambra elections in November and he has just been told that even his hero, Ojukwu later became an apostle of national integration.” “Ojukwu is not alive to defend himself. It is always easy to say anything about the dead. The President could have made his point without dragging Ojukwu into his speech.” “The way this speech is peppering you, you sound like you are looking for a speech writing job.” “By the way, I thought I also heard the President saying the National Assembly and the National Council of State are the legitimate and appropriate bodies for national discourse. What exactly is he saying? Please educate me.” “The President does not owe you an explanation.” “Are you the President?” “Anything Baba says or does is okay by me.” “This is the thing. There is some kind of mass hypnotism eating people up.” “Baba is back. Every irresponsible element will be dealt with and destroyed relentlessly.” “You are evading my question. If you care to know, legitimacy is derived from the people, not from the National Assembly and certainly not from the Council of State., which in any case, is just an advisory body. The country’s sovereignty is in the hands of the people not their representatives and it is important to allow open dialogue and the freedom of expression. That is why the Constitution says “We, the people..” and not “We, the National Assembly and the National Council of State.” “You know what?” “What?” “I think you should just calm down and not have hypertension. The President spoke for just six minutes. You have been squeaking and rumbling like a Chinco fan for more than 15 minutes. Easy, man.” “I hope and pray that Baba will resume work fully, and not announce, after a few weeks, that his doctors have again ordered him back to London.” “If he has to see his doctors, you can’t sweat over that. So, stop grumbling, my friend.”

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