Tuesday 10th October 2017

Osinbajo: I Have No Plan to Contest for Presidency in 2019 Omololu Ogunmade in Abuja Vice-President Yemi Osinbajo yesterday said he had no plan to contest the 2019 presidential election.

According to Reuters, Osinbajo said this when he was asked at the Financial Times Africa Summit in London if he had considered

running for the presidency.

“None of that is on the cards,” the vice-president reportedly said.

Osinbajo had earlier disowned a group known as Osinbajo Volunteers, which is campaigning for

his election as president in 2019.

His media aide, Mr. Laolu Akande had asked Nigerians to disregard the group, adding that he had nothing to do with them.

The group had said

Nigeria now has a “leader who has a clue what to do and (how to) turn Nigeria the beloved to the land of our dreams”.

Osinbajo, who regretted that Nigeria had lost as much as 1 million barrels

per day of oil production last year following militant attacks on oil installations, said that all that had ceased as Nigeria now pump about 1.85 million barrels per day and climbing towards 2 million, which is closer to

Low Implementation of Capital Budget Ruffles Lawmakers… Page 44

its targeted production of around 2.2 million barrels per day.

He added that the federal government was making concerted efforts to diversify its oil-dependent economy because “we don’t have all the time in the world with oil. We have to use oil while it makes sense to do so”.

Tuesday 10 October, 2017 Vol 22. No 8209. Price: N250

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TODAY'S WEATHER

ABUJA 25°C-33°C

MAIDUGURI 31°C-31°C

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ENUGU 25°C-28°C

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KANO 27°C-33°C

LAGOS 24C-27°C

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NNPC Response: Kachikwu’s Board Effectively Redundant Baru remains silent on appointments, oil workers back GMD Buhari should appoint a substantive minister he trusts, says Peterside Agbakoba heads to court over absence of S’East representation on corporation’s board Ejiofor Alike in Lagos and Chineme Okafor in Abuja with agency report One week after a memo written by the Minister of State for Petroleum Resources Dr. Ibe Kachikwu to President Muhammadu Buhari, accusing the Group Managing Director

of the Nigerian National Petroleum Corporation (NNPC) Dr. Maikanti Baru of not adhering to due process in the award of contracts by the corporation and insubordination was made public, NNPC in its response Continued on page 8

Monkey Pox Spreads to Lagos, Rivers, Five Other States 31 suspected cases recorded, no deaths so far

Senator Iroegbu in Abuja, Gboyega Akinsanmi and Martins Ifijeh in Lagos Following the outbreak of the monkey pox virus in Bayelsa State recently, other suspected cases have been reported in six more states in the country,

bringing the total number of suspected cases so far to 31.

The states that have reported cases of the virus are Bayelsa, Rivers, Ekiti, Akwa Ibom, Lagos, Ogun and Cross River.

Making this known Continued on page 8

FG Offsets N26bn MDA Debt to Discos Against Their Debts to NBET... Page 44

MARKETING NIGERIA TO GLOBAL AUDIENCE...

L-R: President, Dangote Group, Alhaji Aliko Dangote; Vice President Yemi Osinbajo; and the Minister of Information and Culture, Alhaji Lai Mohammed, at the Financial Times Africa Summit, held in London… yesterday

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TUESDAY, ͚͸˜ ͺ͸͚Ϳ Ëž T H I S D AY

PAGE EIGHT NNPC RESPONSE: KACHIKWU’S BOARD EFFECTIVELY REDUNDANT yesterday to the issues raised in Kachikwu’s letter effectively rendered the corporation’s board chaired by the minister of state redundant.

In a statement issued by NNPC spokesman Mr. Ndu Ughamadu yesterday, the corporation said Buhari had directed Baru and NNPC to respond to the allegations raised by Kachikwu, hence its response.

The response was however silent on other pertinent issues raised by Kachikwu, chiefly the appointment of senior executives of NNPC without the knowledge of the board.

This is just as oil workers under the aegis of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and Nigerian Union of Petroleum and Natural Gas Workers (NUPENG) pledged their support for Baru over recent claims made by Kachikwu in his memo to the president.

However, reacting to the response of the NNPC and its GMD yesterday, past and serving corporate titans in the public and private sectors stated that it had in effect rendered the board headed by Kachikwu redundant.

Speaking on the development, a former board member of NNPC who wanted to remain anonymous, said the excuse provide by the corporation for sidetracking Kachikwu and the board was untenable and amounted to choosing what laws to obey and what laws to ignore.

According to him, “The NNPC may be a government corporation, however, its Establishment Act and the Companies and Allied Matters Act (CAMA) both provide for a board of directors which has a say and must approve key decisions taken by the management of the corporation. “I have just read NNPC’s response to Kachikwu’s letter and what is clear is that the corporation is choosing what laws to obey and what laws to ignore. “By its response, they have effectively rendered the board of NNPC redundant which should not be the case, as it is expected to provide oversight functions to the management of NNPC. “Even if NNPC’s management goes to its

tenders board and the Bureau of Public Procurement (BPP) to get approvals for its contracts over a certain threshold, the board should know and give its own approval before this is sent to the president as the Minister of Petroleum Resources for presentation to the Federal Executive Council (FEC) for final ratification. “Besides, with what is happening now, should the president present any memos to FEC, his minister of state will be in the dark because he was not privy to the decisions taken

by NNPC which he chairs, so what impression is the GMD trying to create. “You cannot circumvent the board and walk straight to the president just because he is the petroleum minister, as he has already assigned his position of chairman of the board of NNPC to his minister of state. “So the GMD and his management should go through the same chain of command or hierarchy to get his contracts, memos and appointments approved. “This goes to heart of the issues raised by Kachikwu.

Contrary to the general perception out there, it is not about corruption but about governance issues which must be adhered to for the sake of due process if we must be taken seriously,� he explained.

Similarly, the managing director of one of the international oil companies (IOCs) who preferred not to be named, said the response

by NNPC and Baru missed the mark.

He said it was unheard of that a managing director would ignore his board just because he had access to a higher authority. “For instance, we need the approval of the Nigerian government for several of our contracts. But before it gets to the president’s desk, our board must have been informed and given us the clearance. “Even in the financial services sector, a managing director of say a bank cannot circumvent his board and deal directly with the governor of the Central Bank of Nigeria (CBN) for certain things. He must get the approval of his board, for example, to present his audited accounts to the CBN for final approval before they can be published.

“The same is applicable in other sectors, so what is happening in NNPC is an anomaly,� he said.

NNPC, however, maintained in it statement yesterday that so far, only about $3 billion in project financing had been signed off by it since the government of President Muhammadu Buhari took office, of which $1.2 billion was a financing loan that was signed off by Kachikwu, while the balance was handled by Baru.

Providing details of its project executions and contracts so far, the corporation stated that Kachikwu’s allegations against Baru were baseless because due process was adhered to in all of its procurement and contract executions. “Following the publication of alleged lack of adherence to due process in the award of NNPC contracts, the president ordered the Group Managing Director and management of NNPC to consider and respond expeditiously to the allegations. “It is important to note from the outset that the law and the rules do not require a review or discussion with the minister of state or the NNPC board on contractual matters. What is required is the processing and approval of contracts by the NNPC Tenders Board (NTB), the president in his executive capacity or as minister of petroleum, or the Federal Executive Council (FEC), as the case may be,� said the corporation.

It further explained: “There are therefore situations where all that is required is the approval of the NNPC Tenders Board while in other cases, based on the threshold, the award must be submitted for presidential approval. Likewise, in some instances it is FEC approval that is required,� NNPC said.

On some of the allegations raised by Kachikwu, it added: “It should be noted that for both the crude term contract and the Direct Sale and Direct Purchase (DSDP) agreements, there are no specific values attached to each transaction to warrant the values of $10 billion and $5 billion respectively placed on them in the claim of Dr. Kachikwu. “It is therefore inappropriate to attach arbitrary values to the shortlists with the aim of

classifying the transactions as contracts above the NNPC Tenders Board limit. They are merely the shortlisting of prospective off-takers of crude oil and suppliers of petroleum products under agreed terms. “These transactions were not required to be presented as contracts to the board of NNPC and, of course, the monetary value of any crude oil eventually lifted by any of the companies goes straight into the federation account and not to the company.�

NNPC further held that Kachikwu’s claim that he was never involved in the 2017/2018 contracting process for the crude oil term contracts was untrue because he was “in fact expressly consulted by the GMD and his recommendations were taken into account in following through the laid down procedure�.

NNPC noted that its contracting processes are governed by the provisions of its Establishment Act, the Public Procurement Act, procurement method and thresholds of application, the composition of the tenders board as provided by the Secretary to the Government of the Federation’s (SGF) circular reference no. SGF/OP/1/S.3/ VIII/57, dated 11th March, 2009, NNPC’s Delegation of Authority Guide, the supply chain management policy and procedure documents, as well as the corporation’s Ethics Guide.

It went on to state that the SGF’s circular on procurement threshold provided the following authority limits for NNPC transactions as well as the composition of the NNPC Tenders Board: Financial Authority Threshold – BPP issues ‘No Objection’ to award or FEC approves N2.7 billion ($20 million) and above, while the NNPC Tenders Board approves up to N2.7 billion ($20 million).

Based on the SGF’s circular, NNPC said the composition of the tender’s board shall comprise, in the case of a ministry, its chairman shall be the permanent secretary while its members will be the heads of departments; in the case of parastatals, the chairman will be the chief executive while the members will be the heads of departments of the agencies.

It added that it had also

clarified from the Bureau of Public Procurement (BPP) as to the composition of its tenders board and the role of the NNPC board, stating that the BPP had responded that the NTB was not the same as its board. “The governing board (NNPC board) is responsible for the approval of work programmes, corporate plans and budgets, while the NTB is responsible for the approval of day-to-day procurement implementation. “BPP referred to the SGF circular for the composition of the NTB to compose of the Accounting Officer (GMD NNPC) as the chairman, with Heads of Department (GEDs) as members, with the head of procurement (GGM SCM) serving as the secretary of the NNPC Tenders Board. “The above clarifications of the provisions of the procurement process show that approvals reside within the NTB and where thresholds are exceeded, the NNPC refers to FEC for approval. Therefore, the NNPC board has no role in the contracts approval process as advised by BPP,� it explained.

It further stated: “As can be seen, all these clarifications were sought and obtained prior to August 2015 and were implemented by Dr. Kachikwu as the GMD of NNPC. “Dr. Kachikwu also constituted the first NNPC Tenders Board on 8th September, 2015 and continued to chair it until his exit in June, 2016.�

The NNPC went into details listing the typical contracting process as follows: r"QQSPWBM PG QSPKFDU QSPQPTBM and contracting strategy by NTB. r1MBDFNFOU PG BEWFSUT for expression of interest in electronic and print media. r4PMJDJUJOH GPS UFOEFST (technical and commercial). r5FOEFS FWBMVBUJPO r5FOEFS BQQSPWBM CZ /5# GPS contracts within its threshold; otherwise r0CUBJO #11 $FSUJĂ DBUF PG /P Objection before presentation to FEC. r1SFTFOU UP '&$ GPS BQQSPWBM The statement from NNPC further said all contracts in the corporation followed the above procedure.

Referencing the specific contracts mentioned by Kachikwu, NNPC, starting with the Crude Oil Term

Continued on page 10

MONKEY POX SPREADS TO LAGOS, RIVERS, FIVE OTHER STATES yesterday, the Nigerian Centre for Disease Control (NCDC) said samples had been collected from each of the suspected cases for laboratory confirmation and results were still being awaited.

According to the centre’s chief executive officer, Dr. Chikwe Ihekweazu, no deaths had been recorded as a result of the virus, adding that it remained unlikely that many of the suspected cases were actually monkey pox. “All the suspected cases are currently receiving appropriate medical care and the patients are all improving clinically in their various states. “The Federal Ministry of Health, through the NCDC, is supporting the affected states to ensure the outbreak is brought under control and to limit further spread. “NCDC has activated an Emergency Operation Centre (EOC) to coordinate the outbreak’s investigation and response across the affected states. “The EOC is currently

supporting state ministries of health in their response to the outbreak through active case finding, epidemiological investigation and contact tracing. “Measures have been put in place to ensure effective sample collection and testing to enable laboratory confirmation. “Risk communication activities have been heightened to advise the public on preventive measures. All 36 states and the FCT have been notified for preparedness,� he said.

Ihekweazu warned that the monkey pox virus was a rare viral zoonotic disease with symptoms in humans similar to those seen in small pox patients, but much less severe and with a low fatality rate.

He said transmission could be via contact with infected animals, humans, or contaminated materials. “Animal-to-human transmission occurs through bites or a scratch from animals and bush meat preparation. “It can also be transmitted

from one person to another.

Human-to-human transmission occurs through respiratory droplets, contact with infected persons or contaminated materials. “Control measures include isolation of suspected or confirmed cases, strict adherence to universal precautions, especially frequent hand washing with soap and water, and use of personal protective equipment,� he added.

The Lagos State Government yesterday also confirmed the outbreak of the virus in the state, adding that two suspected cases had been recorded.

The state Commissioner for Health, Dr. Jide Idris disclosed this at a news conference, saying that the two suspected cases were currently being investigated in the state. “Though no confirmed case has been recorded, there is need to sensitise members of the public and provide adequate information on measures for prevention and control of the disease in line with the policy of the state government,� he said.

Contract (COTC) valued at over $10bn, said: “It is important to state that the COTC is not a contract for procurement of goods, works or services; rather it is simply a list of approved off-takers of Nigerian crude oil of all grades. This list does not carry any value, but simply states the terms and conditions for the lifting.

It is therefore inappropriate to attach a value to it with the aim of classifying it as a contract above management limit. “In arriving at the off-takers list for 2017/2018 COTC, the following steps were followed: r"EWFSUT XFSF QMBDFE JO national and international print media on Monday, 17th October 2016. r5IF CJET XFSF QVCMJDMZ opened in the presence of all stakeholders (NIETI, DPR, BPP, civil society organisations, NNPC SCM Division and the press as well as live broadcasts by the NTA and other TV stations). r%FUBJMFE FWBMVBUJPO XBT carried out and the short list of the successful off-takers was presented to the approving authority (Mr. President) for consideration and approval. r5IFSFBGUFS //1$ QVCMJTIFE the list of the successful offtakers in newspapers and NNPC’s official website. “This has been the standard procedure and it is the same process adopted during the 2016/2017 COTC when the HMSPR (Honourable Minister of State for Petroleum Resources) was the GMD. “In conclusion, due process has been fully followed in the shortlisting of the off-takers of the Nigerian crude oil for the current term 2017/2018.�

For the Direct Sale Direct Purchase (DSDP) Contract valued at over $5bn, NNPC said like the COTC, the DSDP is not a contract for any procurement of goods, works or services, “rather it is simply a list of off-takers of crude oil and suppliers of petroleum products of equivalent value�. “This list does not carry any value, but simply states the terms and conditions for the lifting and supply of petroleum products. It is therefore mischievous to classify it as a contract and attach a value to it that is above management’s limit. “In arriving at the off-takers

Idris disclosed that the two suspected cases were recorded in a private hospital but did not disclose the name of the hospital.

He added that one of the suspects had just arrived Lagos from Bayelsa State and ate bush meat.

Idris said the two suspects were currently being quarantined in their various homes, pending the result of the investigation.

The commissioner said in the wake of this outbreak, the state government was reiterating the need for members of the public to observe and maintain high standards of personal and environmental hygiene at all times as part of the precautionary measures to prevent the spread of the disease in the state.

He urged members of the public to be vigilant and report any suspected cases of the disease to the nearest public health facility or the Directorate of Disease Control in the state ministry of health. “Also, health workers are

advised to practice universal safety precautions in the management of suspected or confirmed cases, wear appropriate personal protective equipment when attending to cases, wash hands after each contact with a patient or contaminated materials while surveillance systems must be strengthened. “The state government has mobilised the Disease Surveillance Officers in the 57 LGAs and LCDAs in the state and health workers in both public and private health facilities have been placed on high alert,� Idris said.

Idris called on residents of the state to remain calm and go about their businesses without fear, as the government had put in place adequate measures to effectively prevent and control the spread of the infection to Lagos. “In case of any suspected case of monkey pox, the Lagos State Ministry of Health should be notified through the following mobile lines: 08037170614, 09087106072,� he said.

TOP GAINERS MAYBAKER INTERBREW STERLBANK TOTAL FLOURMILLS TOP LOSERS AGLEVENTIS DIAMONDBANK NAHCO

NGN NGN 0.20 2.82 1.90 39.90 0.05 1.05 12.00 253.00 1.32 27.87 NGN NGN 0.03 0.59 0.05 1.05 0.15 3.26 LINKAGEASSURE 0.03 0.72 UNITYBANK 0.02 0.53 HPE Nestle Nig Plc â‚Ś1,230.06 Volume: 262.167 million shares Value: N2.996 billion Deals: 4,283 As at yesterday 9/10/17 See details on Page 31

% 7.6 5.0 5.0 4.9 4.8 % 4.8 4.5 4.4 4.0 3.6

T H I S D AY TUESDAY OCTOBER 10, 2017

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T H I S D AY TUESDAY OCTOBER 10, 2017

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COMMENT

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

KACHIKWU: WHY I STAND WITH BUHARI Ikeogu Oke writes that President Buhari will act rightly and restore confidence in the system

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fter reading the recent letter by Dr. Ibe Kachikwu, Minister of State for Petroleum Resources, to President Muhammadu Buhari, one troubling cinematic image stood clear in my mind. It was the image of rats gnawing away at the seemingly numb feet of a reclining elephant.

Yes, by his stature, President Buhari may not be comparable to an elephant. But he is portrayed as some sort of moral elephant by his supporters compared to other Nigerian leaders, a giant of virtue in a jungle of vice, a jungle in which the rest of the powerful creatures are regarded by his supporters as lacking his reputedly superhuman moral qualities.

For instance, mai gaskiya, as some of such supporters fondly call him, translates as the man of truth. And who doesn’t recognise truth as a virtue, and that the sobriquet accords him a special recognition as an embodiment of that virtue? In the letter, Dr. Kachikwu even expresses “absolute belief” in his “leadership and integrity” and references his “renowned standards of integrity”. And to such staunch supporters of the president, we should all be so convinced of the unassailability of his character that we could actually call him President Integrity as a substitute for President Buhari. I agree with them.

Then, as the rats feasted on the feet of the elephant whose sensitivity seemed severely compromised, perhaps due to a long sickness, a vet, troubled by the sight, jabbed a spike into the elephant’s feet in the hope of making him realise that he had been turned into a victim of the cannibalism of rodents. As the elephant lumbered into what seemed like semi-consciousness with the rapid thrust and withdrawal of the vet’s spike, the rats scurried out of sight as you would expect such creatures to do. There was a look of consternation on the elephant’s face as he then glanced repeatedly at his feet scarred by the remorseless and perhaps poisonous teeth of the rodents, apparently cousins of those rodents whose reported recent invasion of the office of a certain leader forced him to work from home following his return from medical leave abroad, as the spending of millions of his country’s scarce funds was said to be needed to undo the physical damage they had done to his office, besides their having apparently injured his reputation as a tough Head of State and Commander-in-Chief of the Armed Forces of a giant of a country who, ironically, might be afraid of rodents.

There was another look at the vet, followed by a nod, before the image melted out of view. It seemed a look of gratitude, the elephant’s acknowledgement that the vet had done him a favour by alerting him of the exploitative behaviour of the rodents, their capitalising on the lack of sensitivity in his feet to eat him alive.

It is because of the later look by the elephant, suggesting gratitude to the vet and his realisation that the latter did him a good turn, that I still stand with Buhari after reading the deeply disturbing letter by Dr. Kachikwu. For I also drew from that look the impression that the moral elephant will do something about the rodents. That, with righteous indignation, he would probe into whatever holes they might have run into with his trunk and ferret them out and use those same feet they had been feasting on, reawakened to sensitivity by the vet’s rather unorthodox

OUR EARS SHOULD BE OPEN TO THE POSSIBILITY OF HEARING FROM THE OTHER SIDE, FROM DR. BARU, EVEN AS WE MAY ANALYSE THE CONTENT OF DR. KACHIKWU’S LETTER IN GOOD FAITH AS CONCERNED AND PATRIOTIC CITIZENS

procedure, and show them what an infuriated elephant can do to such audacious rodents.

But that’s if what Dr. Kachikwu said in his letter is true. For I’m also inclined to give the benefit of the doubt to Dr. Maikanti Baru, the Group Managing Director of the NNPC against whom he levels serious allegations of misconduct which I believe President Buhari can see that he can only ignore at the risk of destroying the good reputation he has built for decades. What is more, the alleged misconduct happened in a ministry directly under his charge as Minister of Petroleum Resources, and the most important parastatal in that ministry, arguably our country’s prime revenue source.

Our ears should be open to the possibility of hearing from the other side, from Dr. Baru, even as we may analyse the content of Dr. Kachikwu’s letter in good faith as concerned and patriotic citizens.

And regarding whether President Buhari had read and ignored Dr. Kachikwu’s letter before its alleged leak to the press, I think we should also give the president the benefit of the doubt. After all Dr. Kachikwu hinted in the letter that he had been denied access to the president for a considerable period despite being Minister of State for Petroleum Resources. And I think we can rightly surmise that if the author of a letter can be prevented from reaching its potential recipient, so can the letter. But with the president now evidently aware of the letter and the negative impact on his integrity and government should he ignore it, I still stand with him in the belief that he would take appropriate action about the various troubling issues it raises.

And what shouldn’t be troubling to any Nigerian patriot and the president about Dr. Kachikwu’s letter?

Is it its suggestion of a culture of impunity having been entrenched under his watch, resulting in the questionable award of contracts that allegedly violate due process valued at about $24 billion in an economy in recession for which ordinary Nigerians are being urged by his government to adopt austerity measures to ensure their (and the country’s) survival?

Is it the fact that the $24 billion now being linked to impropriety in the NNPC is more than 10 times the $2.1 billion for which Sambo Dasuki, the former NSA, is being tried, and higher than the $20 billion which drew public outrage for having allegedly gone missing during the tenure of his predecessor, a charge levelled by a former Governor of our Central Bank and the current Emir of Kano, Malam Sanusi Lamido Sanusi? Or that, for a president swept into power with the broom and mantra of change, this suggests change from bad to worse?

Could President Buhari ignore the fact that he is being portrayed as an inspiration for anarchy as suggested by Dr. Baru’s alleged insubordination to Dr. Kachikwu, as the former is said to claim that his allegedly unruly actions are carried out with his approval?

Or could Mr. President ignore the implication of Dr. Kachikwu, his appointee, having been reduced to a whining technocrat by the alleged frustrating and demeaning conduct of a subordinate – that accepting to serve in his government can leave you humiliatingly vulnerable and unprotected by him under certain circumstances?

Oke, a poet and public affairs analyst, wrote from Abuja

WHO SHOULD BE MADE A JUDGE? A man of integrity with good knowledge of the law, writes ‘Kunle Uthman

T

he Judiciary is that branch of government invested with judicial powers; the system of courts in a country; the body of judges; the bench. That branch of government which is intended to interpret, construe and apply the law.

According to ‘Bryce’, ‘Modern Democracies ‘: “There is no better test of the excellence of a government than the efficiency of its judicial system ‘, for nothing more nearly touches the welfare and security of the citizens than his knowledge that he can rely on the certain, prompt, and impartial administration of justice. The judge, therefore, fulfils and performs a very important role in society and it is important to choose men and women of honesty, impartiality, independence and legal knowledge to be appointed as judges.

The qualities of a good judge are explicitly stated in the ‘Academic Journal of Interdisciplinary Studies’ March 2014 Edition thus: “A Judge is the pillar of the entire justice system and the public expects highest and irreproachable conduct from anyone performing a judicial function. Judges must endeavour for the utmost standard of integrity in both their professional and personal lives. They should be knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are clear, logical and cogent. Their judgement should be sound, and they should be able to make informed decisions that will stand up to close scrutiny. Judges should be fair and open-minded, devoid of any kind of political fervour”.

The Chief Judge of a state is primus inter pares among the judges of the state and also the head of the judicial arm of government. The position is usually occupied by the most senior judge in hierarchy as a convention and practice, which is rarely deviated from except in most exceptional and extraordinary circumstances that shows that the

most senior judge is not capable of performing the onerous responsibilities of that office. It is, therefore, easy to project succession based on seniority and dates of retirement.

This conventional norm also has numerous advantages and disadvantages because it has embedded therein some rivalry, competition and preparation for succession and a “turn-by-turn mentality”, which promotes unnecessary competition. However, the State Judicial Service Commissions are required to forward the names of two nominees to the National Judicial Council (NJC) for consideration to the Office of Chief Judge of a State, after scrutiny and interviews. Therefore, the bulk of the responsibility to ascertain the suitability or otherwise of a person as chief judge is with the State Judicial Service Commission (JSC) to ensure that ‘fit and proper’ persons are recommended for consideration, irrespective of seniority, and where the most senior is a person that lacks integrity and the qualities of the exalted office, he should be skipped in preference for the next person.

In the recent past, it has become crystal clear that seniority ought not to be the sole parameter for the appointment of the chief judge of a state and that other parameters, should necessarily be considered in determining the suitability of proposed persons to occupy that exalted office.

The other considerations should include, but not limited to the following: What is the performance of the judge whose name is to be recommended as a judicial officer? What is his / her relationship with other judges, magistrates and other judicial officers? What is the opinion of the bar, the bar association and lawyers of the proposed nominee?

What is the quality of judgements delivered and conduct of proceedings in his / her court? Does the nominee have a reputation for honesty, decorum and possesses impeccable character and integrity to serve

as chief judge of the state and would the nominee undermine the Office of Chief Registrar, who by law and convention is the chief accounting officer of the judiciary? Lastly, is the nominee a God-fearing individual, who is not corrupt and incorruptible and will not condone corruption in the administration of justice during his / her tenure?

If the answers to most of the questions above are in the negative, it may be necessary, albeit obligatory to skip the most senior, and not recommend that person and consider the next best judge that is infallible and honest and who will necessarily improve the justice delivery system, give quality judgements and not spend the bulk of his / her time awarding contracts to friends, family and cronies and do little or nothing to enhance justice delivery system in the state.

It is also condemnable that the chief judge upon resumption will remove and replace key officers in order to ensure that his / her surrogates are appointed or deployed, with the intention that such persons will do his / her bidding and protect his / her interest. This is not in consonance with civil service rules and regulations and promotes unnecessary rivalry among the administrative staff of the judicial arm of government.

In the last 10 years, Lagos State has had four different chief judges each of whom had a different vision for the state judiciary. This resulted in lack of cohesive visionary continuity for the system, rivalries and lack of good policy thrust, which ought not to be pivoted on the individual incumbent but the justice delivery system at large. The tenures of most of these chief judges were short and one chief judge in the state spent less than one year.

On September 24, 2017, Hon. Justice Funmilayo Atilade retired from the bench, having attained the mandatory retirement age of 65 years, and has since been replaced by Hon. Justice Opeyemi Oke

who has been sworn in as Acting Chief Judge of Lagos State. The latter has a tenure of 21 months to serve and then necessarily be replaced by another Judge. How did the last chief judge fare and what was her relationship with the system including the executive and the legislative arms of government?

In respect of the new chief judge, what checks and balances should be put in place to ensure a peaceful, rancour-free tenure that would enhance and improve justice delivery system in Lagos State?

Hon. Justice Funmilayo Atilade’s tenure as chief judge was abysmally poor and full of rancour among judicial officers in the state. Her relationship with the executive arm of government was “frosty” and not cordial and there was very little infrastructural development in the courts to enhance the justice delivery system, unlike during the tenure of her predecessors in office. No landmark judgements were delivered by her to ingratiate her tenure in the legal jurisprudence of Lagos State. For the first time in recent memory, the New Legal Year Programme commencing with worship in Mosques and Churches was not held this year.

Honourable Justice Opeyemi Oke the Acting Chief Judge of Lagos State is an indigene of Ogun State. She was appointed a Judge of the High Court of Lagos State on July 19, 1996 and until her recent appointment, was the de facto Deputy Chief Judge in charge of Lagos division of the Lagos State Judiciary. She will be in acting capacity as chief judge pending her confirmation by the National Judicial Council (NJC). She would be the 16th Chief Judge of Lagos State and the sixth female chief judge, the last four (including herself) being female.

It is the hope and expectation of many that she would do the needful to improve the justice delivery and administration in the state.

Chief Uthman, a Legal Practitioner, wrote from Lagos

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T H I S D AY Ëž Ëœ ÍŻÍŽËœ Í°ÍŽÍŻÍľ

EDITORIAL VIOLENCE IN OLUBADAN’S PALACE The violence stands condemned as an unacceptable means of resolving conflict

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s part of efforts to prove that his inuence endures in spite of the recent coronation of 21 new kings within his domain, the Olubadan of Ibadan, Oba Saliu Adetunji recently proceeded with the scheduled installation of new Mogajis of the ancient city. But the ceremony, which took place despite the request of the state government for its postponement, suffered an attack by yet to be identiďŹ ed gun-wielding hoodlums. Mercifully, no life was lost.

The violence, however, stands condemned as an unacceptable means of resolving conict. The security agencies and the Oyo State government must, therefore, ďŹ sh out and punish its perpetrators so as to deter other citizens who might be similarly inclined to take the law into their own hands. Meanwhile, the violence did not come as a surprise, given what had transpired in the days preceding the ceremony.

It had its roots in the Olubadan’s objection to the review of the 1957 Olubadan Chieftaincy Declaration by the Oyo State WITH 33 KINGS, IBADAN BECOMES THE DOMINANT government and the eventual promotion PLAYER IN OYO STATE of 33 high chiefs and COUNCIL OF TRADITIONAL Baales to the status of RULERS AND CHIEFS Oba (king).

AND COULD FORCE ANY On August 21, DECISION ALMOST TO THE Oyo State Governor, EXCLUSION OF OTHER Abiola Ajimobi, had installed 21 of the TOWNS IN THE STATE newly promoted kings at an elaborate ceremony. But the Olubadan had objected to both the event and the review that necessitated it on the ground that it was an unlawful incursion into the chieftaincy traditions of the ancient city.

He insisted that the body authorised to undertake any review, if necessary, was the Olubadan-in-Council, consisting of himself and 11 other high chiefs, and not the state government. In reality, however, the Olubadan’s chief concern was that the review could potentially erode his authority as the paramount ruler of Ibadan, which has 11 of the state’s 33 local councils.

Letters to the Editor

Initially backed by the Olubadan-in-Council, Oba Adetunji sustained his objection until the state government in May this year instituted a judicial commission of enquiry to consider requests for the review of the Olubadan Chieftaincy Declaration. The commission, which considered 118 memoranda, 91 of them requesting for additional beaded crowns, while 27 others asked for the review of the ascendancy into the Olubadan stool, recommended the promotion of the 11 high chiefs and 21 ancient Baales from the suburbs of the city to Obas (kings).

With the acceptance of the recommendations by the governor, Oba Adetunji’s objection collapsed as eight of his high chiefs, with the prospect of becoming Obas, crossed carpet to the side of the government, effectively leaving him high and dry. With two others dead, and only one, the Osi Olubadan and former Governor, Rasheed Ladoja, standing with him, the Olubadan found himself in an awkward opposition as a vote in the Olubadan-in-Council would have produced an unpalatable outcome.

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GOV WILLIE OBIANO’S FLYOVERS

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oncerned people of Anambra have been disturbed, and rightly so, about the state of the sub-grade intersections, otherwise unprofessionally christened Flyovers in Aroma, Kwata and Amawbia Junctions within the capital territory.

I had believed those bridges were never going to collapse in this generation. And I drew my strong conviction based on some strong reasons. While taking a course, Design of Structures, many years ago, Professor Nwokoye, whom we called “Dean of structures� had this to say: ‘’Whereas a medical doctor buries his mistakes six feet beneath the earth’s surface in the name of graves and the lawyer hides his behind bars in the name of prisons, a structural engineer has nowhere to hide his mistakes. He is branded negatively for life if his structure ever fails. If he survives the legal battle, and that is only if, he certainly will lose his practising licence.’’ With that, I understood pointedly that there’s no margin of error in any form of structural design. That knowledge guided me to assume the three sub-grade intersections, alias flyovers, in Aroma, Kwata and Amawbia were not going to collapse for any reason.

More so when bridges, particularly at sub-grade

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urrounded by educated, wealthy and politically savvy high chiefs who have now been elevated to the position of king, the Olubadan’s choices are limited within the context of the politics of the review in relations to the advantage it has conferred on the Ibadan chieftaincy system. With 33 kings, Ibadan becomes the dominant player in Oyo State Council of Traditional Rulers and Chiefs and could force any decision almost to the exclusion of other towns in the state.

Having read his game very well, the governor, who is also an Ibadan indigene, has successfully outmanoeuvred his monarch, Oba Adetunji and his lone supporter, Ladoja, although both have since approached the courts for redress. Hopefully, the judiciary would speedily look into the matter and determine the legality of the review of the 60-yearold declaration, which the state government claims it has authority to undertake under its chiefs and chieftaincy law. But while that is on, all the combatants must allow peace to reign in the Oyo State capital city.

highways, are designed to withstand an airplane crashing on them. Not to now assume that a mere trailer on reverse scratching a side of the pavement will precipitate collapse.

I witnessed construction of the three ‘flyovers.’ Most of the components of the bridge – including columns, beams and slabs were pre-cast. Other in-situ constructions, mostly retaining walls, were done with observed professionalism. Though I had no access to soil and material tests results, I was confident that the contractors have enough pedigree and experience to shun playing overnight amateurism. An alarm was raised about the bridges developing cracks. Cracks are signs of structural defects that could occur owing to some carelessness in construction.

Another lecturer, Dr Onuobia, took us in Highway Design and Construction the same period Prof.

Nwokoye was handling Design of Structures. One of the lessons I’ve never forgotten from Dr Onuobia’s cumbersome lengthy notes is that during any sub-grade highway design, the major highway passes under.

There are basic engineering reasons for such rules of thumb, which is - angle of ascent/descent, which is a huge determinant of the cost of project.

Tai Emeka Obasi, Ozubulu

IN PRAISE OF AIDOKO

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he Igala nation is witnessing the rise of a political actor and a generalissimo called Atai Aidoko. This is based on the successes this young man has achieved in his short time in partisan politics. Aidoko is a man of immense goodwill and this goodwill has made him a colossus in the political arena of the Igala nation. Many, even his political opponents can attest to the fact that when politicians who have immensely contributed to the development of the Igala nation are being called to take a bow, Senator Aidoko’s name will be among the few.

Today, every political achievements are being judged by the number of developmental projects a politician can proudly point to. Senator Aidoko ranks first among his peers. The Buhari tsunami that swept away the political fitness of most politicians in Igala and Kogi State did not affect Aidoko, because he has a political followership and a movement that cannot be easily uprooted. His people see him as a political asset.

The secrets of his political successes are there for everyone to see. He has never believed in

the mirage called godfatherism. Instead believes in work and more work for the enjoyment of the democratic dividends of his people. Senator Aidoko believes that the people of his constituencies are his principal and in the process he sees himself only as their representative. This single attribute has always catapulted him above all other politicians in Igala land. Senator Aidoko realises that the problem his people have faced from the start of his democratic experience is the absence of effective leadership. The Igala people recognise a leader when they see one. They see in this young politician the quality of honest man with the interest of the people at heart.

Senator Aidoko has consistently prevailed in all his political wars so far because he has always run away from the culture of political bitterness and acrimony which pervades the political landscape of the Igala nation as shown by major happenings in previous political dispensations.

He believes in the people’s power and he believes this power can never be taken for granted at any given time. This attribute makes him the political generalissimo of Igala nation.

Musa Wada, Abuja

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T H I S D AY ˾ TUESDAY, OCTOBER 10, 2017

POLITICS

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

EXECUTIVE BRIEFING

When Lawmakers Break the Law Davidson Iriekpen argues that the decision of the Speaker of the House of Representatives, Yakubu Dogara to allow two members of the Peoples Democratic Party who defected to the All Progressives Congress to retain their seats is illegal, as it violates the clear provisions of the constitution as interpreted by the Supreme Court

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or the umpteenth time last Thursday, two members of the Peoples Democratic Party (PDP) in the House of Representatives defected to the ruling All Progressives Congress (APC). The members, Zaphaniah Jisalo, representing Abuja Municipal Area Council /Bwari Federal Constituency of the Federal Capital Territory (FCT), and AhmedTijani Damisa from Okene/Ogori-Magongo Federal Constituency in Kogi State, had their respective letters of defection read on the floor of the house by the speaker, Yakubu Dogara, as usual, cited divisions in the PDP as reasons for abandoning their party.

Knowing that there is no division in the party since the Supreme Court decided the leadership tussle between Ali Modu Sheriff and Ahmed Makarfi, the excuse by the defectors did not go down well with PDP members who promptly raised objection.

The House Minority Whip, Umar Barde (PDP, Kaduna) in a point of order, argued that the seats of the defectors ought to be declared vacant sequel to Section 68 (1g) of the constitution (as amended). His argument was supported by the Chairman of the House Committee on Ethics and Privileges, Osai Nicholas Ossai (PDP, Delta), who urged the speaker to respect section 68, by declaring the seats of the defectors vacant.

They equally referred the entire house to the recent decision of the Supreme Court which resolved the leadership crisis in the party.

But in a surprise move, the speaker, Dogara, waded in, explaining that the reference to Section 68 (1g) of the 1999 Constitution by PDP members for the defectors to vacate their seats was insufficient to warrant declaring the seats vacant, especially as the constitution did not define what constituted a division in a political party. He added that the division in a party was not pronounced in the constitution and so lawmakers should not be prohibited from defecting.

He said: “Division in a political party is not defined by the constitution, the constitution does not state whether it should be at the national, state or local government level. So we should allow the judiciary to do its job.”

He urged the PDP to seek redress in court if not satisfied with the development.

The defection of the two lawmakers brings to six, the number of PDP members who have so far defected to the APC in the 8th Assembly.

They included Hon. Tony Nwoye from Anambra, Edward Pwajok from Plateau, Hassan Saleh from Benue and Adamu Kamale, Adamawa.

Pundits consider Jisalo and Damisa’s action as a breach of the constitution and the Supreme Court’s judgment. The apex court had last year extensively dealt with the issue of defection as it concerns the legislature when it decided the case between the Labour Party versus Ifedayo Abegunde.

In a unanimous judgment by a seven-man panel of justices, the apex court had ordered Abegunde to immediately vacate his seat in the House of Representatives on account of his defection from the Labour Party to the defunct Action Congress of Nigeria (ACN) because he was unfit to remain at the legislative house.

Abegunde had defected from LP to the ACN in 2011 and in a bid to forestall any possible move by his party to recall him, lodged a suit before the Federal High Court sitting in Akure, Ondo State He lost at both the high court and the Court of Appeal. Both courts held that the defection was ‘unjustifiable.’

In its judgment, a panel of the Supreme Court, headed by the former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, held that the lawmaker acted illegally by abandoning the party that sponsored his election. The

Dogara...Ignores Supreme Court judgement

court stressed that as at the time Abegunde defected to the ACN, there was no division in his party, LP. The apex court maintained that the lawmaker’s defection to another party would have been justified if there was a division in the national structures of the LP, such that was capable of hampering the smooth operation of the party.

It held that Abegunde’s defection could not be validated since his excuse of purported division in the LP was not at the national level of the party.

Besides, the Supreme Court stressed that the ‘division’ or ‘factionalisation’ of Labour Party, which was cited by Abegunde as his excuse for abandoning the party, was only at the state level.

Justice Musa Muhammad, who read the lead judgment, held that only a division that made it “impossible or impracticable” for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution, “justifies a person’s defection to another party.”

For lawmakers, who frequently use crisis in their wards and state chapters of their political parties as an excuse to defect, the court held

It is therefore shocking that despite the clear judgment of the Supreme Court, members of the National Assembly are still relying on the rejected definition of division to ditch their party for another

that a division in a party at the state level would not entitle a legislator to abandon the party on which platform he or she contested and won his or her seat. It said only a division that made it impossible or impracticable for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution, would justify a person’s defection to another party.

The court further reminded any lawmaker wishing to defect to be guided by the the principles it enunciated in the two cases – FEDECO vs Goni and the Attorney General of the Federation vs Abubakar – where it stated that only factionalisation, fragmentation or division that made it impossible or impracticable for a particular party to function as such would, by virtue of the proviso to section 68(1)(g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house.

Justice Muhammad further maintained that by virtue of the combined provisions of section 68(1)(a) and (g) as well as section 222(a), (e) and (f) of the cconstitution, division in a party at the state level did not entitle a legislator to abandon the party on which platform he or she contested and won his or her seat.

Moreover, the apex court discountenanced the argument of the counsel to the appellant, Mr. Akin Ladipo, to the effect that not “any division” in a political party would entitle a person to defect from a party who sponsored his election without having to lose his seat.

“I am unable to agree with learned counsel to the appellant that on facts and law as concurrently applied by the two courts below – their decisions can be interfered with. One is left in no doubt that the determination of the dispute, the trial court is approached to resolve, turns decisively on the meaning of word ‘division’ as used by the framers of the proviso to section 68(1)(g) of the 1999 constitution as amended,” Justice Muhammad held.

He added: “Not being the kind of ‘division’ that affects the national structures and therefore the corporate existence of the party, learned counsel insists, appellant’s defection does not

come within the proviso to section 68(1)(g) to entitle him to retain his seat in the House of Representatives in spite of his defection to the ACN from the Labour Party on which platform he contested and won the seat. This position of the respondents is unassailable.”

It is therefore shocking that despite the clear judgment of the Supreme Court, members of the National Assembly are still relying on the rejected definition of division to ditch their party for another. More shocking, perhaps, was the way Dogara, a lawyer, who swore to defend the constitution at all times on assumption of office, treated the issue because the affected lawmakers defected from the opposition political party to his party, the APC. The Supreme Court in its judgment had extensively dealt with every aspect of the issue especially his claim that “the division in a party is not explained in the constitution and so lawmakers cannot be prohibited from defecting.”

To many analysts, the attitude of Dogara portrays the country as one being governed by sentiments and not laws. Those who say that the problem with the country has not always been the dearth of laws, but implementing and enforcing them, are obviously right.

The latest defections have confirmed the popular assertion that defections are usually encouraged by either the presiding officer of the legislature, whose duty it is to automatically declare the seat of the defecting lawmaker vacant as stipulated by the constitution. But because it gives them and the government in power the opportunity to have firmer control of the legislature, a blind eye is usually turned to the issue when it comes up.

Others have said that one the major reasons why Nigeria is not making much progress since 1960, is because there is no law and order. This, according to many pundits, is because those who make, implement and enforce laws are themselves chronic lawbreakers. This, no doubt, is why there is massive disorderliness in every sphere in the country.

The 1999 Constitution is very explicit on how to deal with the issue of defection as it concerns the legislature. For instance, Section 68(1) (109(1)) states: “A member of the Senate or House of Representatives (House of Assembly) shall vacate his seat in the House of which he is a member if: (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that house was elected, provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.”

Section 68(2) (109(2)) also states: “The President of the Senate or the Speaker of the House of Representatives (as the case may be) shall give effect to the provisions of subsection (1) of this section, so that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that members.”

Observers have argued that part of the reasons defections have become so common is the fact that sometimes, the lawmakers usually run away with the impression that before the suit filed against them is pursued to the Supreme Court, the four years he/she would have stayed in the assembly would have been exhausted, like in the Abegunde case. They believe that if any presiding officer especially at the federal level displays courage and declares a seat vacant, it would serve as deterrent.

T H I S D AY TUESDAY OCTOBER 10, 2017

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TUESDAY, OCTOBER 10, 2017 ˾ T H I S D AY

FEATURES

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

How to Transform a Continent One of Africa’s largest philanthropies is laying a solid foundation for the continent’s future by empowering young people, writes Solomon Elusoji

Elumelu acknowledging cheers from entrepreneurs during the 2016 Tony Elumelu Foundation Entrepreneurship Programme held at Law School, Victoria Island, Lagos

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bilola Bamgbelu studied Computer Science at Covenant University, but she was not exactly geek material. In 2013, after about three years of writing computer code and running them at several companies, she moved to Italy, to attend the Florence Design Academy and acquire a Master’s Degree in Interior Design, a field she described as her “passion”. “I am passionate about the environment and how it influences people,” she said. “But I have chosen to focus on interiors, where people spend 90 per cent of their time.”

In 2014, Bamgbelu started her own interior design and furnishing company, Spazio Ideale. However, the remarkable turning point for her young company came in early 2016 when she was selected as one of 1,000 entrepreneurs to qualify for the Tony Elumelu Foundation Entrepreneurship Programme, the flagship venture of the Tony Elumelu Foundation (TEF). With a 100 million dollars commitment, TEF is committed to empowering up to 10,000 entrepreneurs across Africa over the next 10 years (starting 2015), offering funding and mentoring to drive economic and social development on the continent.

“We had a rigorous training which made me understand the way to position my company,” Bamgbelu told THISDAY, speaking on the impact the programme has had on her business. “The business plan we did helped in having a complete understanding of how the business should be run and it’s that model we’ve been following ever since.

The grant money also helped to establish our furniture factory, which boosted the amount of services we could offer to our

clients. Then the alumni network gives you access to a large pool of businesses and people. For example, the accounting firm we’ve been using was also part of the programme. And even in the course of our project, we’ve had to work with

When billionaire banker and investor, Tony Elumelu, launched the entrepreneurship programme in 2015, his goal was to ‘democratise luck’ for every African entrepreneur. Elumelu believes he was lucky to have become the director of a major Nigerian bank while in his 30s, and he wanted to open the doors of opportunity for more deserving risk takers

Elumelu...driving the African dream through entrepreneurship

other TEEP entrepreneurs.”

Bamgbelu’s business has continued to grow, with revenues steadily rising. But she is not the only entrepreneur whose business has been positively affected by the TEF programme. Ajoke Akinola, a serial entrepreneur, also launched an interior and exterior design company in 2015, Decor by Rachel, the same year she was accepted into

the programme, and she said it was the perfect platform to realise her ambitions.

“I applied because I believed it would enhance the business’ growth and give it a chance to get funding and kick-start our success. And it did. It helped me to get the business registered and gave it the visibility it needed, though we are still working on more brand awareness. It also stretched us, to realise that we had the ability to do more,” she said.

Lekan Akinseye started a clothing company, HFC Clothing, in the United States in 2013 and was accepted into the TEF Entrepreneurship Programme in 2016. He, too, acknowledged that the programme had improved the growth of his business. “It has helped with contacts and connections.

We’ve been meeting different people, thanks to TEF. Also, we’ve been interviewed on the radio and other platforms, which have helped us promote the business. And that’s all thanks to the foundation.”

Smoothie Express, an online business that delivers richly blended fruit smoothies to customers wherever they are, is another success story of the TEF Entrepreneurship Programme. In less than a month, the company will open its first physical store, where people can get their smoothie. “It has been an amazing experience,” co-founder, Omowunmu Akande told THISDAY. “We got into the programme just after we started operations and the resources and mentorship we had access to were incredible. Even years after getting into the programme, we have been getting so much support from them. This programme has helped us translate our dreams to reality.”

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FEATURES

Elumelu (middle) pointing at something of interest while taking selfie with entrepreneurs after the TEF Forum in 2016

When billionaire banker and investor, Tony Elumelu, launched the entrepreneurship programme in 2015, his goal was to ‘democratise luck’ for every African entrepreneur.

Elumelu believes he was lucky to have become the director of a major Nigerian bank while in his 30s, and he wanted to open the doors of opportunity for more deserving risk takers. But, more importantly, Elumelu subscribes to the Africapitalism philosophy – this is the belief that Africa’s private sector can and must play a leading role in the continent’s development.

According to Elumelu, who thought up the concept, Africapitalism is a call-to-action for businesses to make decisions that will increase economic and social wealth, and promote development in the communities and nations in which they operate. Such a decision will ultimately help businesses become more profitable as the communities they serve become well-off consumers, healthy and better educated employees, and even entrepreneurs who go on to become suppliers and service providers.

“Africapitalism means we cannot leave the business of development up to our governments, donor countries and philanthropic organisations alone,” he says. “The private sector must be involved in the business of development.”

Interestingly, the growth of the entrepreneurship programme has been sensational.

In 2015, the Foundation received 20,000 applications from residents of all the 53 African countries. In 2016, the number more than doubled to 45,000 and in 2017 it grew exponentially to 93,246.

“Since launching the TEF Entrepreneurship Programme – and committing $100 million to empowering 10,000 African entrepreneurs in a decade – we have unleashed our continent’s most potent development force – its entrepreneurs,” Elumelu said recently. “In just three years, our 3,000 entrepreneurs have created tens of thousands of jobs and

generated considerable wealth.”

“We have been so successful, and our biggest challenge is managing our success,” TEF’s Chief Executive Officer, Parminder Vir, told THISDAY. “We’ve also understood that you cannot stand still when it comes to innovating and improving the programme.

We have to continue to be one step ahead.”

Vir, who stated this in company of the COO Tony Elumelu Foundation, Owen Omogiafo, the Company Secretary, Heirs Holding Group, Obong Idiong and Programme Manager, Tony Elumelu Foundation, Onajite Emerhor Ogwo while addressing journalists on preparations for the 2017 TEF

This year, to widen the impact of the Forum, TEF has decided to open the Forum to non-TEF entrepreneurs, a move which will allow SMEs from across Africa to attend and form networks, share knowledge, connect with investors, link with corporate supply chains and influence policymakers and business leaders in attendance

Entrepreneurship Programme, assured that all necessary arrangements have been put in place to ensure another successful hosting of entrepreneurs from African continent and beyond.

The entrepreneurship programme is based on seven pillars: a 12-week Startup Enterprise Toolkit Training Programme, online mentoring, digital resource library, meet-ups, the Elumelu Entrepreneurship Forum, seed capital funding and the Tony Elumelu Alumni Network. However, the Elumelu Entrepreneurship Forum is probably the highlight of programme, as it brings together all the selected entrepreneurs from the 53 African countries in one location.

This year, to widen the impact of the Forum, TEF has decided to open the Forum to non-TEF entrepreneurs, a move which will allow SMEs from across Africa to attend and form networks, share knowledge, connect with investors, link with corporate supply chains and influence policymakers and business leaders in attendance.

“This is the first year we have opened the Forum up to include not just the 1,000 Tony Elumelu Entrepreneurs from the 2017 cycle of our programme, but the full pan-African entrepreneurship ecosystem,” Vir said. “In doing so, we are allowing disparate SME communities to come together and expand the possibilities for intra-African partnerships.

I urge policymakers and investors to join us at the Forum as we empower the next generation of African business titans.”

The Forum, which promises to be the largest gathering of African entrepreneurs in the world, will hold on October 13 and 14 in Lagos and will feature plenary panels, masterclasses, and sector specific networking opportunities as well as policy-led talks focused on improving the enabling environment for African businesses.

Speakers expected to grace the forum include: Wale Ayeni of the International Finance Corporation; Stephen Tio Kauma

of Afrexim Bank; Andre Hue of the African Development Bank; Stephen M. Haykin of USAID Nigeria; Heikke Reugger of the European Investment Bank; Abdoulaye Mar Dieye of the United Nations Development Programme.

This sort of entrepreneurial approach taken

by TEF is regarded, by experts, as the best way to transform Africa from a conglomeration of third world economies to highly developed states. For one, entrepreneurs create jobs and unemployment is one of the big monsters assaulting the continent.

A 2013 study by Brookings Institution, a Washington DC-based think tank, found that African youths constitute about 37 per cent of the working age population.

The same age group, however, accounts for about 60 per cent of jobless people on the continent.

“It’s becoming ever clearer that entrepreneurship is the answer to the vexing economic questions facing Africa today: job creation, capital formation, skills acquisition, taxation-based self-sufficiency, quality of governance-demand, and of course social inclusion,” the guy who invented the SMS shortcode system for authenticating pharmaceuticals, Bright Simons, wrote in the Harvard Business Review in 2012.

Africa also appears to have turned the corner from an aid dependent continent to one which attracts investment capital.

Vir, TEF’s CEO, said organisations like the World Bank have approached the foundation to partner on helping more entrepreneurs succeed. “We have the perfect model for training and funding entrepreneurs and countries and organisations are willing to adopt it,” she said.

In the end, Vir is optimistic that TEF entrepreneurs will take over the continent and create the wealth and opportunities that ultimately transform Africa. Three years into the 10-year plan, that glorious ambition looks very much inevitable.

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10.10.2017

WEEKLY PULL-OUT

‘NIGERIA'S BEST LAWYERS ARE NOT IN THE JUDICIARY’

Dr. Olisa Agbakoba, SAN

10/COVER

10.10.2017

‘NIGERIA’S BEST LAWYERS ARE NOT IN THE JUDICIARY’

resolved and it was because Belgore CJN was keen on accepting my proposal. My point is, don’t belittle the countervailing forces in the South, and in the North against restructuring.

But was it not in the same 2014 Confab that certain people from the North claimed that the oil in Nigeria belongs to them, that they have a larger land mass and so on? A claim that caused some disaffection in the Niger Delta. If some people came out of that Confab with that mindset, how does the issue of sharing get settled?

You know in problem solving, you first create a conceptual solution before applying it. So, conceptually, everybody accepted fiscal federalism, but pointed out the real challenge of the SouthSouth controlling 90% of the revenue. If we devolve, the other parts of Nigeria will be poor. The South-South after a while, saw the point and agreed on the Sunset Clause, so long as they will be getting their incremental percentage.

So, after a while when oil is no longer the main economic driver, they can ‘take your oil.’ That was what was agreed.

After the Sunset Clause, what is meant to happen?

Then back to the regions. The owner, where it comes from, there will be derivation, 100%. By that time, the South-East would have developed their coal. The Ondo-Ekiti Belt would have developed their bitumen. There are 37 key solid minerals which we identified and everything will be developed. So there will be less agitations.

If by some magic, the electric car kicks in today and all of Europe and America no longer use petrol, this oil will become irrelevant.

So, oil will no longer be the mainstay. In restructuring I think what the Southern leaders missed, is the economic side. They were just thinking political. If you restructure and take the thing to the regions, and get the power you want, how do you run your economic system? Restructuring for me, has to do more with economic restructuring. Government must as a matter of priority, cease to play a role in the economy. They should only be planning policy and regulation. In Europe now, virtually all highways are privatised. You must pay tolls. Government’s role is taxation. We have the lowest taxation in the world, 6%. There is no incentive to pay tax here. But if the Federal Government takes its hands off all of the things that they are presently doing, then they can begin to build infrastructure. It is an interlocking issue, very difficult.

How would you rate the federal Government's fight against corruption , especially when two crucial organs in the fight, the Police and the Judiciary were adjudged to be the first and second most corrupt institutions in Nigeria by the UNODC in conjunction with the National Bureau of Statistics?

Conceptually, the fight against corruption, everybody was impotent. We have to agree that of all the Presidents, Buhari is

CONTINUED FROM PAGE 9

"FOR INSTANCE I DON’T KNOW WHY THEY ARE SILENT ABOUT THE SCANDAL OF THE SGF, BABACHIR. YOU TALK ABOUT DIEZANI , DIEZANI , DIEZANI . THAT DOESN’T MAKE HER INNOCENT, BUT WHAT ABOUT THE OTHER PEOPLE WHO ARE YOUR FRIENDS? THAT DOESN’T CREATE CONFIDENCE"

perhaps, the one who has shown the most determination. What is lacking is strategy. I don’t see coherent policy and strategy, for the counter-corruption strategy to be effective.

We start with the Executive. What is it that they need to do?

We need to build that strategy which is not there. There are three elements in the strategy. The investigation part, the prosecution part, and the asset recovery part. These are the three key elements.

I doubt that the EFCC as an institution is able to play these three roles effectively.

There is nowhere in the world, where a policeman prosecutes.

The role of a policeman in England, the Special Fraud Unit, then turn it over to the Crown Prosecution Service. Then there is an asset recovery process. I would like to see that done here in Nigeria. This will enable Magu and his people, to concentrate on investigation and they can do it thoroughly. Right now they are doing it haphazardly, and prosecution is very poor. then the prosecution will then be under the office of the Attorney-General.

Although he has established a list of prosecutors to do all the cases, but the problem with that, is how to fund the countercorruption war. The war requires a big budget and I am not sure how much EFCC has as its budget.

If you go to there office here in Lagos, they are all hungry and when they are hungry they will take bribe. This is the problem.

How can the government talk about fighting corruption, and they are not funding it? The whistle- blower thing, you see they way it led to recoveries. We need to properly organise that. It must be seen to be blind. Anyone that is accused of corruption, will be gone. For instance I don’t know why they are silent about the scandal of the SGF, Babachir. You talk about Diezani, Diezani, Diezani. That doesn’t make her innocent, but what about the other people who are your friends? That doesn’t

create confidence.

It is the President, who can set the tone and ensure that everybody buys into it. Incidentally, there are some lessons to be learnt about the negative man, Abacha. He was decisive and tough, about corruption in the banking system. He set up the failed bank system, funded it, the judges were extremely well paid, and they jailed people! It has been the most vibrant example of the war on corruption in Nigeria. Government should borrow a leaf from that.

You were nominated along with other lawyers, your brother silks, to be Justices of the Supreme Court. Since the nomination, nothing much has been heard about it.

Why? Has the idea been killed or did it die a natural death? Some have argued that the career paths of a Senior Advocate and a Judge are different, and that taking the nomination of SANs for Justices, will only diminish the morale of well deserving High Court or Court of Appeal Judges, who are struggling to reach the pinnacle of their career, just as Senior Advocates have reached the pinnacle of theirs. Is there any merit to this argument?

There is no merit. As to what is happening, I have no idea.

Because since after the nomination, I have heard nothing. But as to the role of a QC (Queen's Counsel) or a SAN in the Judiciary, I would like you to know and I am sure you know that, you cannot be a Judge of the High Court in England unless you are QC. In fact, this is the war which I have fought for a long time, but it didn’t work. But maybe this will now correct the problem. There is question with respect to our Judges, that a substantial number of them are incompetent. They cannot do cases. They have no clue. Why? Because he/she comes from a bank, an oil company or some politician.

So, what they do in England is to make sure that the best get to the Bench. So, I should have been a High Court Judge at the age of 41 or 42. We have no business being in law practice at this time. In fact QCs who don’t go on to the Bench, retire at the age of 60 from law practice. There is a lopsided relationship between SANs and Judges. No SAN worth his salt, ever agrees to be a High Court Judge in Nigeria. None. The fact that you are a High Court Judge, is equivalent to a SAN, but in the eyes of the public, it is not so.

Those who should make sure that the Bench is populated by the best, don’t want it. So, they keep it for themselves and become Magistrates, then go on to become a Director in the Ministry of justice. Then they say ‘oh, this mad SAN wants to come and take our jobs! No way! Keep them out.’ So, the place is populated by Stipendiary Magistrates. In England, if you are a Stipendiary Magistrate, you can never b a Judge.

But here plenty Magistrates are Judges. Plenty Court Registrars

CONTINUED ON PAGE 11

10.10.2017

COVER/11

‘NIGERIA’S BEST LAWYERS ARE NOT IN THE JUDICIARY’ are Judges. So, the best isn’t going in. If you look at the Supreme Court today in terms if its composition, it is not as vibrant as it used to be. Because the best are not there! Without sounding immodest, I can imagine a panel of me, Olanipekun, O.C.J. Okocha, J.B. Daudu and A.B. Mahmoud hearing an appeal. We will deliver judgement on the spot! Because, all the issues are in our heads. But if you haven’t had that experience and that diverse practice, you will not be able to deliver.

There are some cases, where you see some of our judges just lost. Just moping and you know they are absolutely lost. In fact, there was a case when I was NBA President, I told the presiding Justice of the Court of Appeal, Lagos that I was shocked at their ruling. I set before them the Rules of the Court of Appeal to grant me an injunction, even though I had not gone to the High Court on exceptional circumstances.

I said to them, if you are taking my application and overrule me its ok. But to say you can't do it at all, is a perverse decision!

Sometimes Judges and Justices deliver perverse decisions, not that they have taken money, but because they just don’t know the law. So, if we want the best we have to change the rules, to say if you want to be a high Court Judge, you have to be SAN. Its not for nothing that they do so in England. There is a reason that they appoint the best.

If you are managing Arsenal, you have to field the best and make sure the best play. But in Nigeria the worst are brought onto the Bench.

That is the problem. So, Nigeria’s best lawyers are not in the Judiciary.

As a Human Rights Activist, who has had his fair share of suffering meted out to him by past Governments, how would you rate this present administration in terms of fundamental rights, and freedom of expression for instance, the recent resolve by the military to monitor the social media?

No government that I have known in Nigeria, understands what the rule of law means. The rule of law means the notion of limited governance.

Look at the rogue President in America who looks like a third world President. He has been shouting? ‘I will do this, I will do that!’ has he done anything? He has been cold stringed. They call it cold-stringing. They told him ‘you can't do this!’ in respect of fencing off some countries that border America. They told him it is unconstitutional.

Then you want to deport boys and girls born in America, but are undocumented. Parliament said ‘you cant do it.’ In Nigeria, if you like go to court. The order of injunction will be served on the Minister, and if he likes he will throw it away.

The notion of limited governance, is not understood in Nigeria. When I was called by President Yar’Adua to give a talk on the rule of law at a presidential retreat for Ministers, you know they always like to start with all these nonsense retreats. So, I warned them and said 'this thing about rule of law, (because that was the mantra of the Yar’Adua government), its not to say it by mouth ooo! Because when I hit you with an order of injunction, will you obey it?' I remember Timi Alaibe who was sitting behind me told me, ‘this is the truth.’

No government in Nigeria has obeyed the rule of law, and it affects human rights in varying degrees. There is not a single Nigerian government that understands the meaning of Chapter 4 of the Constitution. So, I don’t even want to attempt to begin to score the government on human rights, when the notion is not even understood.

One person I think you should talk to, is Professor Nwabuaze, because some of these concepts I am discussing, come from his books.

"SO, IF WE WANT THE BEST WE HAVE TO CHANGE THE RULES, TO SAY IF YOU WANT TO BE A HIGH COURT JUDGE, YOU HAVE TO BE SAN. IT'S NOT FOR NOTHING THEY DO SO IN ENGLAND. THERE IS A REASON THAT THEY APPOINT THE BEST"

CONTINUED FROM PAGE 10

He doesn’t talk about the rule of law, like you asked me. He talks about the notion of limited governance. When government is constrained by strong and counterbalanced institutions, the President cannot sack the CBN Governor, he cannot sack the Inspector General of Police, and cannot do so many things, he finds himself limited.

The Attorney-General of America appoints a Special Prosecutor, without telling the President, and the President is angry. But he has to confront it. Can you imagine that in Nigeria? Limited governance. That is what we need.

It is only a new Constitution, that can address these issues. In South Africa, they have the notion of limited governance, even though Zuma is a thug. But at least its there in Chapter 10 of their Constitution, that 'the following institutions are institutions strengthening democracy'. Can you imagine if our EFCC is independent? They take their budget directly to the Parliament. The President has no control. He cannot appoint and he cannot sack, then the underlying cause of human rights abuse, will disappear or be limited.

What do you think about the outcry that the Senate is not concentrating on its constitutional functions, but is instead, overreaching itself summoning people left, right and centre, without having the right to do so. Do you think they working within their constitutional role?

The National Assembly has become irrelevant.

The purpose of the National Assembly, is to make laws for the good running of Nigeria, but they have turned themselves into investigators.

Every manner of public official, everyday they are hauling them before the National Assembly.

We have nine critical bills, that have been lying at the National Assembly for over 10 years. Look at Apapa. The only reason it is like that, is because the National Assembly is not working. The government is also not working, but the National Assembly has no clue about the importance, for instance, of the Port and Harbour Bill.

The government needs over N400 trillion to fix ports across Nigeria. It doesn’t have that money, so you need the private sector, particularly FDI inflows, who will bring in foreign direct investments. But the investor is going to ask himself ‘what guarantee do I have that if I put my money here, I will get it back?’ the first thing he going to ask is, ‘what is the legislative framework of investment?’ There is none. It is that Port and Harbour Bill, that would have done it.

So, you now begin to wonder ‘don’t these guys have any brains? Why are they summoning people, rather than do the work for which they taking such huge amounts of money?’

The second important bill is, Nigeria is one of the eight countries in the world that has a sloping continental shelf. Most continental shelves drop.

But ours slopes. So, under the United Nations Law of the Sea, Nigeria is entitled to take an extra 150 nautical miles, in addition to the 200 nautical miles of exclusive economic zone. That means we have 350 nautical miles, from the baseline of our territorial waters to exploit.

If I tell you that ‘I surveyed your land. You were mistaken that it is one plot, but its two’, you will be so excited! Wont you?

Of course I told these indolent Nigerian authorities that

'you have additional 150 nautical miles'. I drafted the bill, and its been lying in the Parliament for the past 10 years.

You have to be in shipping, to understand that we have one of the best tuna in the world.

Shrimps, lobsters, octopus, but the Chinese come, and in conjunction with our naval forces steal everything and run away.

Meanwhile NIMASA that should be doing it, is interested in doing other things. The other day someone was asking ‘is NIMASA a naval force?’ They are carrying guns up and down, all over the place. The work of NIMASA, is to actually develop our shipping and ocean economy.

The National Assembly, is not playing any role. For instance, if the National Assembly is not existing, you won't feel it. I don’t see what they do. Nothing! Compare our National Assembly to the American Congress, where you see all these wise old men, who understand whatever field they are taking.

I don’t even want to discuss how much the National Assembly is taking as salaries and remunerations, because we all know that they are overpaid. The highest paid in the world. They are not even going to disclose how much they are paid. But why is that, if there is Freedom of Information Act? Let's go back to the rule of law, and the notion of limited governance. these are the problems.

The pillars supporting democratic institutions are not in place. So, it affects everything, the Judiciary, the Legislature and the Executive.

They do what they like. Nobody obeys any law, and they appropriate to themselves what they think is relevant.

When the Uwais Commission on electoral reforms, recommended that the INEC should become free from government revenue, we gave that idea to the National Assembly and they copied. But now, they send their budget for appropriation. What they do is that, they blackmail with it and say ‘if you don’t pass our budget, we won't pass you own’. So, they have no clue. All they do is to sign off. The President does not even look at the National Assembly budget.

When David Mark was Senate President, do you know how much his total earnings were?

One Billion Naira a year. When Chuba Okadigbo was Senate President and I was doing a case, he had 32 cars. One driver ran away with one of the cars, and nobody knew for a long time.

The notion of limited governance, is at the heart of restructuring. Not just the regions, because you will transfer the problems we have now to those regions. In fact, the regions may become worse than the federal.

Some have said that even the former senators, seem to have taken an oath of secrecy that they will not divulge their earnings in the National Assembly, and so, they do not talk about even after the leave the National Assembly They have.

The ‘Penny-Penny lawyers’ theory, propounded by EFCC as to why they lose cases, has continued to generate widespread debates across the country. But EFCC has engaged senior lawyers and even some members of the Inner Bar, to prosecute their cases in

the past. One dares to mention former NBA President J.B. Daudu, SAN, NBA President A.B. Mahmoud, SAN, E.C. Ukala, SAN, and Rotimi Jacobs, SAN. What then, informed your position that EFCC hires ‘Penny-Penny’ lawyers?

First, it's important to clarify what I meant by ‘penny-penny lawyers.’

Penny-Penny Lawyer’ does not mean a lawyer that is engaged, but it refers to the legal budget of the EFCC. The legal budget of the EFCC is ‘penny-penny.’

Go and ask these Senior Advocates that you have called, how much they get paid as EFCC lawyers?

As far as I know, the key lawyer of the EFCC is Rotimi Jacobs. He seems as if he is everywhere, and there is no way one man can carry out all these things. The EFCC has a ‘penny- penny’ policy of hiring lawyers, whether they are juniors or seniors. That will not do anybody any good.

I was once retained by the EFCC under Mrs. Farida Waziri, and I looked at the fee and said ‘It is not possible. I cannot do this work, for this type of pay’.

I was watching a television interview, where someone said that the senior lawyers should do it for country, and not be concerned about remuneration.

Why? What do you mean? Lets be clear, it's not a pro bono issue. That is part of what I am saying. That the government is not serious.

You want to catch people who have billions, and you think you can use ‘penny-penny’ legal budgets, its not going to work. The EFCC should have a legal budget that is at least N5b. They are looking for over 5 trillion Naira, and you’ll go and engage a Peter Nwankwo that is 3 years old at the Bar and give him N30,000, or you engage J.B. Daudu, SAN and give him N1m.

He is not going to win. Defence rouges will hire a top lawyer and say ‘Take N300m’. How will that defence lawyer, not defeat a ‘penny-penny’ lawyer, whether he is a Senior Advocate or two years old at the Bar? So, it goes back to the point I made earlier. I have heard Magu complain that they do not have money. If they have no money, how does the President expect them to achieve on his fight against corruption?

As a former NBA President, how do you think sanity can come back to the NBA in the face of the numerous litigations against the NBA and its Board of Trustees of which you are a member?

Can you prevent anybody from going to court?

Is that not what the courts are meant for? There is nothing wrong with that. Rather, I would have thought that it in fact, shows the freedom that anyone has to sue.

But it is weakening the Association, as it affects its cohesion and creates disaffection.

It is really? Disaffection is on J-K Gadzama’s view that he was cheated at the election. J-K’s point is that, there was electronic manipulation of the electoral process. I have no idea whether that is true or not, and it has led to all this litigation in court. But you can’t stop that. There is no way you can stop it. What I do know, is that the electronic voting process was a great idea. I voted from Malta. I was abroad.

Before we had to gather in one place, and it would take hours to sort things out. But now, the electronic process is a step forward. Of course it has its challenges which is in the allegations made by J-K. But, the courts will determine it.

The more important issue which comes from your question, is whether the structure of the NBA is not in need of review. It's simply not possible, to have 10,000 lawyers in one place.

My first day at the Conference, was the last day I went. The whole place was choked, right from the gate. The only way out of all this, is to have State Bars. These court cases, suggest that the NBA needs a new operating model as a way forward. I think State Bars, are crucial for the survival of the NBA over time.

Do you think the office of the AttorneyGeneral and Minister of Justice should be separated?

Yes. Why? Because one is political, and the other professional.

The Attorney-General should head the office of State Prosecution Service, and deal with prosecutorial matters. Its like a law firm. He reports to nobody after appointment, except for bad behaviour or his tenure runs out.

The Minister of Justice, sits in the Executive and acts as Legal Adviser to the President. So, it becomes a matter of conflict, that he can act against his own boss. If you want to have a good rule of law system, the offices should be separated.

Even at the National Conference, it was agreed that the two should be separated.

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10.10.2017

The Rashidi Yekini Case: State of Mental Health Law in Nigeria This article by Chief Bolaji Ayorinde examines the issue of mental health in Nigeria, the lack of adequate mental healthcare facilities, and a proper legal framework, drawing comparisons with the UK. He dedicates the article to all the victims of abuse, who have been let down by the system, and who are still waiting for Justice, concluding that these victims may still be better of than the likes of RashidiYekini, who unfortunately may have been let down by the very nation which he served with his all

A Introduction

part from feeble attempts by health authorities and efforts of charitable organisations, little has been done in Nigeria and a host of underdeveloped and developing economies, to tackle the issue of mental health and indeed the law governing that very field of Medicare.

In actual fact, the society more often than not, turns the proverbial 'blind eye' whenever confronted with the very obvious and not too obvious cases of mental infirmity, disorder and or illness.

A National Hero Rashidi Yekini, National hero, Nigerian Professional Footballer with immense talent, had a successful career spanning over 20 years. After displaying his talent for Local Nigerian teams including the defunct Abiola Babes F.C. of Abeokuta, UNTC of Kaduna and my own darling Shooting Stars Football Club of Ibadan (Up Shooting!), he had an eventful career overseas playing mostly in the European continent, especially for the Portuguese Club, Victoria Setubal, where he scored 93 goals in 122 appearances.

He also played for Olympiakos in Greece, Sporting Gijon in Spain, FC Zurich in Switzerland and Bizerte FC in Tunisia. He returned from Europe, to play in Cote D’ Voire for Africa Sports, and then the Nigerian League (now Nigerian Premier League) with Julius Berger of Lagos and Gateway FC of Abeokuta. Yekini’s international career, saw him play for the Super Eagles of Nigeria 58 times between 1984 and 1998. During his exploits in the national team, he scored 37 goals, including Nigeria’s first ever goal at the World Cup Finals. This was indeed a glorious career.

Since his untimely demise at the age of 49, the press has been awash with several controversial headlines including “Was Rashidi Yekini Killed?”, “Untold Story of Rashidi Yekini’s Last Days”, “Ex-Eagles Striker, Rashidi, Dies in Herbal Home” and “How Rashidi Yekini Died of Depression”.

The above, point to the fact that the death of ‘Gangling Yekini’, (as he was fondly called), was shrouded in mystery and was probably related to his state of health. We do not know what his state of mind was, but what comes to fore is the issue of utmost neglect of special people in need of the attention of the State.

Another issue of utmost importance, is also the re- examination of the enabling legislation regulating mental health issues.

Historical Perspective The history of mental health regulation in Nigeria, dates back to the pre colonial period through the English statutes of 1845 and 1890, applicable to Nigeria as a Statute of General Application.

In 1906, the Lunacy Ordinance was passed in the then Southern Province of Nigeria. The Ordinance empowered the Colonial Government, to establish a lunatic asylum. Consequently, the first Asylums were built at Yaba in Lagos and at Calabar. Lunatics under the Ordinance included Idiots. Medical Supervisors appointed, had the power to detain a person suspected to be a lunatic for not more than a month, but ultimate authority lay with the District Commissioners, who had the power not only to detain but hold hearings and appoint Medical Supervisors, who were persons required to certify people as lunatics. The established asylums, functioned more as a prison than a treatment centre. As such Lunatics, that is the inmates, were kept without any care and were secluded from the society, as if they were Outcasts.

With the growing need for a law that would take care of the affairs, well being and fundamental rights of Lunatics, Reports like 'On the Psychiatric Services of Nigeria', were commissioned on mental health in Nigeria. The Reports advocated an expansive approach to the provision of mental services, and this led to the enactment of the Lunacy Act 1958. This Act has remained the basic legislative framework on mental health in Nigeria. This legislation made provisions for the detention of Lunatics by Medical Practitioners in civil matters, and in criminal matters, the Courts, in designated hospitals. It was however, grossly blank on salient issues of consent to treatment, appeal against detention, and it was grossly inadequate on important issues like the management of the affairs and property of the Lunatic.

State of Facilities Nigeria, unlike most countries of the European Union, is yet to have an effective legal framework to regulate, cater for, or provide for the management of mentally ill persons and their affairs. The state of the law, is rather insufficient to meet the challenges of proper regulation of mental health. Just about 3.3%

Rashidi Yekini

of government’s annual expenditure on health is earmarked for mental health, in a country where the proportion of budget on health to the Gross Domestic Product (GDP) is about 3.4%. Most resources on mental health in Nigeria are provided by government.

The total per capita expenditure on health is US$31 and out of this, US$7 represents government expenditure. Out of the proposed health budget and that granted to the mental health department, 90% of this has been put into recurrent maintenance of mental hospitals only. The infinitesimal amount dedicated to mental health, cannot be enough to embark on any new capital infrastructure on mental health; rather, it has been used to maintain the ones already existing. It is noteworthy to state that, our mental hospitals are in a deplorable condition. In Nigeria today, there are seven (7) mental health facilities, six (6) of which are owned by the Federal Government. The hospitals are poorly equipped, with a total of 1092 beds. Even other developing African countries, have better equipped hospitals with a better ratio of medical personnel to patients and patients to beds.

The Nigerian government owned mental health facilities, are inadequately funded and underdeveloped, but they can boast of about 95% of trained Psychiatrists while the remaining 5% work for Non Governmental Organisations, for profit and private practice. As such, there is a pool of expertise in government owned institutions, that is not being maximised as they should be, to boost the mental health sector.

Legal Framework The legal framework for regulation of mental health and their patients, are moribund as even subsisting laws are inadequate.

The operative law in Nigeria, is the Lunacy Act of 1958. New efforts aimed at formulating a new law to include current trends and advances in relation to laws of other countries, have not been successful. Nigeria formulated mental health policies in 1991 with objectives to advocate, promote, prevent, treat and rehabilitate mentally ill patients. Most of these objectives, have not been implemented effectively.

Nigeria’s legal framework regulating the affairs of mentally ill persons as aforesaid, is largely based on the repealed Mental Health

"RASHIDI YEKINI, NATIONAL HERO, NIGERIAN PROFESSIONAL FOOTBALLER WITH IMMENSE TALENT, HAD A SUCCESSFUL CAREER SPANNING OVER 20 YEARS"

Act 1959 of the United Kingdom. This UK Law was replaced by the Mental Health Act 1983 (1983 Act), and subsequently, Mental Health Act 2007 (2007 Act) with accompanying amendments.

Mental disorder was defined in the 1983 Act, as any disorder or disability of the mind excluding those of severe mental impairment and psychopathic disorder which were included in the lunacy laws in force in Nigeria, as a result of the 1959 Act which was copiously enacted. This definition has further widened the term and persons that fall under the definition of mentally disordered persons, as this category is now not limited to just persons suffering from the now omitted ailments, but also other persons that were not or might not have been envisaged under the 1959 Act with exceptions to learning disability or alcohol dependence. A lunatic, as stated in the Public Trustee Law for the purpose of the management of his property and affairs is described as ‘a person found lawfully adjudged to be a lunatic by the magistrate court and includes: - Persons suicidal or dangerous to himself; or - Persons not dangerous to himself but dangerous to others; - Persons incapable of managing himself; or - Persons capable of managing himself and not dangerous either to himself or others, but incapable of managing his own affairs - A criminal lunatic while insane or under confinement - Any person not detained and not found to be a lunatic, but whom through mental infirmity arising from either disease or age, is not capable of managing his affairs.”

Understanding the criminal responsibility of a person with unsound mind or Mental disorder, Section 28 of Criminal Code provides that ‘a person is not criminally responsible for an act or omission if at the time of doing the act or making the omission, he is in a state of mental disease or natural mental infirmity as to deprive him of capacity to know whether he ought not to do the act or make the omission’. In protecting people with mental disorder or of unsound mind, Chapter 25 of the Criminal Procedure Act of 2004 also allows for the defence of Insanity, and ways in which it can be proved in a court of law.

Apart from Statutory laws as showed above, the Superior Courts of Record in Nigeria, have had to take decisions with regards to Persons With Mental health issues. Therefore case laws have developed over the years, with regard to determining issues such as; i. Nature of mental disorder that can avail an accused of the defence of insanity: Per Edozie J.S.C in the case of GUOBADIA v STATE (2004) 6 NWLR Pt. 869 Page 360 that ‘It must also be borne in mind that it is not every form of mental disorder that can relieve an accused person from criminal responsibility. The law requires that such mental disorder that can avail an accused person as a defence, must fall within the ambit of section 28 of the Criminal Code Law’. ii. Nature of Insanity: In case of ANI v STATE (2002) 10 NWLR Pat. 776 Page 644, Per Iguh, J.S.C thus: "The law is settled that, insanity is primarily a question of fact to be determined by the trial court which ought to take into consideration each and every admissible piece of evidence tendered before it, including medical evidence, where available, together with the whole of the facts and surrounding circumstances of the case, particularly such vital facts like the nature of the killing, the conduct of the accused before, at and immediately after the killing, and any past history of mental abnormality of the accused. iii. What must be shown in order to establish the defence of insanity: "In order to establish the defence of insanity, the defence must first show that the accused was at the relevant time, suffering from either mental disease or from natural mental infirmity.

Then, it must be established that the mental infirmity as the case may be, was such that at the relevant time, the accused was as a result deprived of capacity to (a) understand what he was doing or (b) control his actions (c) know that he ought not to do the act or make the omission. If there is incapacity or defect of understanding, there can be no consent of will, the act is therefore not punishable as a crime." See EDOHO v STATE (2010) 14 NWLR Pt. 1214 Page 651 Per O. O. Adekeye , J.S.C. (P. 27, paras. C-G) iv. Whether the defence of insanity based on delusion can avail an accused person: Per IKYEGH, J.C.A stated in the case of ADELU v THE STATE [2011] LPELR-CA/1/134/07 that "Apart from the clear wordings of section 28 which amply support the reasoning of the trial

CONTINUED ON PAGE 13

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THE RASHIDI YEKINI CASE: STATE OF MENTAL HEALTH LAW IN NIGERIA CONTINUED FROM PAGE 12 court and the Court of Appeal, there are a host of authorities coming from this Court making it abundantly clear that, before the defence of insanity based on delusion can be of any avail to an accused person, the reaction of the accused person to the state of things as believed by him, must be such that it could be regarded as legitimate and natural reaction to such a state of things. v. Proof of Insanity: Per Ogbwuegbu J.S.C in the case of OGBU v STATE (1992) NWLR Pt. 259 Page 255 stated thus ‘"In order to establish the defence of insanity, it must be shown that:- (a) the prisoner was at the relevant time, suffering either from mental disease or from natural mental infirmity; (b) that the mental disease, or the natural infirmity was such that, at the material time, the prisoner was as a result deprived of capacity to understand what he was doing or control his actions or to know that he ought not do the act or make the omission". vi. Whether Court must rely solely on medical evidence in determination or otherwise of proof of insanity: In the case of ANI v STATE (supra) Per Iguh J.S.C stated that "Although medical evidence is usually of great assistance in the establishment of insanity, a Judge may none the less, make up his mind on the issue in spite of such expert evidence, taking into consideration the totality of all the evidence tendered before the court.

However, due weight ordinarily ought to be attached to such medical evidence. See R. v OGOR (1961) 1 SCNLR 121; (1961) 1 All NLR 70.

Management of Property and Affairs of the Mentally Disordered The properties of mentally disordered persons properly so called, are issues of private law over which the State has no power over, save certain instances known to law. However, mentally disordered persons are subject to State protection, and therefore, there is a state responsibility to handle their affairs. As such, in the United Kingdom, the Mental Health Act 1983 provides that the affairs of the mentally disordered persons (including their properties and belongings), are to be handled by the State through the Lord Chancellor, who has the power to nominate Judges of the Supreme Court to manage such properties and affairs. The Supreme Court has created a Court called the Court of Protection, to be in charge of this. The Court has a Head, called the Master of the Court of Protection.

The existence and the powers of the Court of Protection are entirely statutory by virtue of the Mental Health Act 1983. Section 17 of the High Court Law of Lagos State states as follows: “...the High Court shall have the powers and authorities of the Lord Chancellor of Great Britain in relation to the appointment and control of guardians of infants and their estate, and

also keepers of the persons and estates of idiots, lunatics and such as being of unsound mind are unable to govern themselves and their estates”.

By the above, the High Court of Lagos, possesses the power of the Lord Chancellor to the extent that it can appoint guardians for infants and to manage and control the affairs and estate of lunatics, who are unable to govern such themselves. Before such management can be embarked on, it must be shown that the subject is incapable of managing his property and affairs by himself, through medical evidence given by a registered medical practitioner.

Therefore, the equivalent of the Court of Protection, is to be found in the powers of the High Court to appoint a ‘committee in lunacy’ entrusted with the management of the estate of the patient. Where it is believed that, such a person is incapable of managing and administering his property and affairs. Powers conferred on the High Court, can be exercised after considering medical evidence proffered by the medical expert, that such a person is incapable of managing and administering his property and affairs.

While the practice and procedure of the Court of Protection in England has significantly developed over the years, same cannot be said of the Nigerian practice, even though there are relevant but insufficient provisions in the High Court Laws of Lagos State and indeed, other States of the Federation. See for example, Section 11 of the High Court Law of Oyo State 2000.

In the United Kingdom, there are settled principles with regards to the powers of the Court of Protection. By section 16(1) of the Mental Capacity Act 2005, such power (which by section 20(1)) includes the power of the Deputy acting with the Court’s authority), becomes exercisable only when the Patient lacks mental capacity in relation to his or her personal welfare, property and affairs. Other powers of the Court include, the power to make declarations concerning capacity, which is a new power of the Court of Protection granted under section 15 of the Mental Capacity Act 2005, statutory power of the Court under section 49 of the Mental Capacity Act 2005 to call for a Report from a Public Guardian, a Court of Protection Visitor, a Local Authority or an NHS (National Health Service) body, power in relation to the Patient’s welfare, property and affairs under sections 17 and 18 of the Mental Capacity Act 2005, which include choice of patient’s residence, contact persons of the patient, consent to treatment, choice of medical practitioner for the patient, power in relation to enduring and lasting powers of attorney, as well as Independent Mental Capacity Advocates who are service officials to advice, assist and safeguard persons that lack the capacity to make a specified decision at a

particular time, are facing a decision on a long term move or serious medical treatment or have nobody else to be able to represent them as stated in sections 35-41 of the Mental Capacity Act 2005.

The practice has also settled principles relating to proceeding parties thereto and the manner of notices to be issued. Furthermore practice rules are established governing hearings, taking of standings, evidence, enforcement of decisions and appeals. With regard to appointed Deputies, principles governing the mode of application, the structure, duties and power of the Deputy and the termination of the Deputy’s tenure are also firmly established.

The Need for Urgent Action One of the most common occurrences in Mental Health situations in most jurisdictions, is the presence of Lunatics on the streets without care or any attempt to take them in and treat them.

In the Nigerian Jurisdiction, there are no provisions for taking such Lunatics in or detaining them. As such they sleep on the streets and in public properties, causing danger to themselves and innocent passersby. In the United Kingdom under the Mental Health Act 1983, Section 136 provides for a Lunatic to be removed from places where the public have access to, by a Constable for the protection of the Lunatic and the public.

Such Lunatic will be removed to a ‘Place of Safety’. Section 135 defines a Place of Safety as a residential accommodation provided by a Local Social Service Authority under part III of the National Assistance Act 1948 and under paragraph 2 of the National Health Service Act 1977, a hospital as defined by the Act, a police station, mental nursing home, residential home for the mentally disordered persons or any other

"NIGERIA, UNLIKE MOST COUNTRIES OF THE EUROPEAN UNION, IS YET TO HAVE AN EFFECTIVE LEGAL FRAMEWORK TO REGULATE, CATER FOR, OR PROVIDE FOR THE MANAGEMENT OF MENTALLY ILL PERSONS AND THEIR AFFAIRS. THE STATE OF THE LAW, IS RATHER INSUFFICIENT TO MEET THE CHALLENGES OF PROPER REGULATION OF MENTAL HEALTH"

suitable place where the occupier wilfully receives the patient.

It is indeed a sad commentary, that the Nigerian legal system has not developed a proper and efficient legal framework to protect the most vulnerable of its citizens, and it is about time legislation is encouraged in this field. We have not developed our legal framework, while social distaste and ostracisation remains the unfortunate order of the day in Nigeria with regards to the mentally ill.

Chief Bolaji Ayorinde SAN, Chairman, Legal Aid Council of Nigeria, Former ProChancellor and Chairman, Governing Council, Ladoke Akintola University of Technology, Ogbomosho

LAGOS STATE CHARGES EIGHT SUSPECTED LAND GRABBERS TO COURT CONTINUED FROM PAGE 5 very well. 4-8 Defendants are the accredited principal representatives of the Ifegbuwa family of Imowo-Kekere in Ikorodu,Ikorodu Local Government Area of Lagos State. Why I believe this, was that we purchased land from them and they showed us two documents to prove their authority to sell. The first of such, was a Power of Attorney donated in their favour by all the members of the Ifegbuwa family in 1998. And the second document, was a court judgement in Suit No. ID/476/2000 delivered by Hon. Justice Olokooba declaring that 5-8 defendants and the entire Ifegbuwa family, have the right of occupancy over the entire Land.

“They are named directly as defendants in that suit. I know the 2-4 defendants, as the youth faction of the Ifegbuwa family. This is because they introduced themselves as the youths to us, when we first met. (They are one and the same family).

The 1st defendant is Chief Lamina, I know him.

“We (Planets Properties Ltd) purchased 600 plots of land from the 5-8 defendants, and family receipts were issued instalmentally, and documents executed in our favour. The receipts and the documents are here in the court with the Prosecutor, my Lord. The 5-8 defendants led us to possession, and we commenced the clearing of the site for our project and we had only cleared about 350 plots, when a group of hoodlums with arms, weapons, charms, led by Chief Lamina attacked our work force and chased us away from the site. I was on the site on that day, and I saw Chief Lamina's face and also spotted the 2nd defendant. We all scattered and ran away from the site, and abandoned the site. About a week after this incident, I came to the site and I saw so many hoodlums stationed there, and I

met with the 2nd defendant and we discussed.

We made some findings and we decided to go and beg Chief Lamina.

“We were introduced to one of his Lawyers, in the person of one Felix Odudu of Odudu Okunna & Co. Legal Practitioners, at Unity Road Ikeja.

Felix Odudu led us to Chief Lamina, and upon discussion, Chief Lamina demanded that we should pay N6m, before he could allow us back to the site to continue our work. We negotiated for N2million and he said that because of Mr Odudu he agreed to the N2m. We paid him in three instalments, in excess of N100,000 and he issued receipts and Felix Odudu also drafted an agreement between us,which we both executed.

Chief Lamina also insisted that we must settle with his employer who instructed him to grab the Land. He then introduced us to 2-4 defendants, and summoned them to his office at Odogunyan in Ikorodu.

“Meanwhile as at the time of this attack, we had not finished payment to 5-8 defendants, we were to balance up 5-8 defendants with N5m.

2-4 defendants asked that I must pay them the N5million balance, and that I should not pay the 5-8 defendants. Chief Lamina intervened and said that he had collected N2million from me, and that they should please reduce their demand to N3m so everything will be that N5m. They agreed, and I paid the 2-4 defendants a part payment of N1.3million. However, I still went ahead to balance up by paying N5million to the 5-8 defendants to complete our payment, which was receipted. The 2-4 defendants also issued us receipt for our N1.3 million and Felix Odudu also drafted an agreement between us, which we all executed. Copies of the documents are here with the Prosecutor.

“My Lord, I would like to state that the agreed price with the 5-8 defendants was N18 million.

My Lord, Chief Lamina appeared to be at peace with us and friendly, opted to post four of his boys to help us watch over the 600 plots and that we would be paying N50,000 monthly, to enable him give the boys. We were happy about this gesture. My Lord we paid the N50,000.00 monthly to chief Lamina, unreceipted, at least throughout 2007. My Lord, having made all the above stated payments and peace moves, we came back to the land sometime late 2006. But to my surprise the 2-4 defendants prevented us access to the 250 plots which we did not clear, and stationed thugs there while Chief Lamina prevented us access to the left wing of the land comprising of about 100 plots, which we have already cleared.

“This threw us into confusion. We reported this to defendants 5-8 and also discussed with 1-4 defendants and Felix Odudu who promised to talk to Chief Lamina to resolve the matter. Felix Odudu fulfilled his promise without any results from Chief Lamina. The 2-4 Defendants promised to give us the equivalent of the 250 plots seized in another part of the family land, which was not done till today. Thereafter, Chief Lamina and the defendants 2-4 again chased us out of the site, and sold the entire site gradually, to date they have stationed their thugs on the site permanently, such that we and our legitimate allottees were always attacked each time we attempted to visit the site. In 2017, Chief Lamina’s thugs together with defendants 2-4 attacked Francis Ikenga, our legitimate allottee, while the thugs were securing an illegal construction on Ikenga's land, and never allowed him access. Ikenga is here in this court

my Lord.

“We have our survey of the land signed by one Omisola, which was the basis of all our discussions and agreements with all the defendants, in their respective capacities. A copy is here with the prosecuting counsel. We have Government title to the land, and we have commenced our private estate development called Country Home Villas Estate with 12 bungalows already built with bank loans withUnion Homes Savings and Loans and Union bank Plc. “As earlier said, my lord, When I went back to the site a week after the earlier attack, I saw many warriorlike miscreants guarding the sites and harassing anyone entering the site, and they were spread across the entire 265 hectares of the entire village land with our 600 plots. I was introduced to the 2nd Defendant who introduced himself to me, one Rasaki Aiyeola, Rotimi Mejigbedu, 3rd and 4th defendants and many others as the youth faction of the Ifegbuwa family, but I observed that few weeks after this they adopted the name IFEGBUWA DESCENDANTS FAMILY, Which we call them till today. But rather we discovered Sir-K and collaboration with the 2-4 defendants were land grabbers, and had grabbed the land from us.

“Upon realising that Chief Lamina was not ready to withdraw his army of thugs from our land, even after their actions were outlawed, we forwarded a petition to the Lagos State Task Force on Land Grabbing, and we were invited for a hearing together with all the defendants 1-8. My lord, after the hearing at the Task Force, all the defendants were arrested and charged before this Honourable Court”, Ibrahim told the Court.

Trial has been adjourned till November 9, 2017.

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10.10.2017

A Beautiful Mind As we mark "World Mental Health Day" today, Chinweoke Okpalaji in this article, discusses issues relating to Mental Health Illness, including ignoring it and not giving it enough relevance, as in the case of other illnesses like Malaria and Cancer, stigmatisation, symptoms of the illness, and her own battle against Claustrophobia, a form of an anxiety disorder

T

he mind intrigues me. I often wonder about how delicate and yet powerful, it is. It has a significant impact on the course, and outcome of life. It needs deliberate care, and should never to be taken for granted.

The mind must be stable, for one to achieve an effective and productive life.

Not owning up, sets you up to GBJM 'JSTU ZPV EPO U BDLOPXMFEHF the problem, and when you do not acknowledge the problem, how can you understand well enough to ask for help? The stigma stops you right in your tracks, you are ashamed to speak about it, you hide from yourself, you get too proud and can’t be associated with such a label, ‘mentally ill’, then you cower, and you lose the quality of your life, and then your life itself, eventually.

Issues Arising The ailments of the mind are generally not physical, and oftentimes appear to have no obvious life-threatening consequences, which usually leads to treating these diseases with less importance, first by the individual, as well as close associates. It suffers the tragedy, of being diagnosed as a problem caused by an unseen force, requiring treatment of the same nature, unlike a toothache, malaria or cancer.

To treat the illness, more emphasis is placed on resolving it spiritually, without any recourse to professional help, thus complicating the problem.

The faulty perception about mental illness, continues to give rise to all kinds of myths and misconceptions, caused by inadequate knowledge and lack of awareness of the illness, resulting in the widespread stigma against this health condition.

The World Health Organisation (WHO) has this to say: r .FOUBM BOE TVCTUBODF VTF EJTPSders are the leading cause of disability worldwide. r "CPVU QFPQMF DPNNJU suicide every year. r )VNBO SJHIUT WJPMBUJPOT PG QFPQMF with mental and psychosocial disability are routinely reported in most countries. r (MPCBMMZ UIFSF JT IVHF JOFRVJUZ in the distribution of skilled human resources for mental health.

Source: https://www.mentalhealth.gov In Nigeria, comprehensive information about Mental Health is hardly available, making it difficult to provide the right platform for formulating adequate policies, and to provide the much-needed support. The need for education and awareness about mental illness, cannot be over emphasised. A lot more needs to happen, regarding efforts geared towards gathering accurate, and adequate data for mental health management in Nigeria.

The current policy on mental health in Nigeria was formulated in 1991.

It focuses more on deterring harm to third parties, and not enough attention paid to the rehabilitation of the victims. As a nation, it is time to pay a bit more attention to the plight of the mentally ill, no matter the stage of illness.

In comparison to other aspects of health management, the custodians PG UIF 'FEFSBM )FBMUI #VEHFU XJMM do well, to increase the percentage allocated to managing mental health in Nigeria, particularly in the areas of research, training of skilled personnel, and support for advocacy.

As a country, we will need to pick up the pace, especially with passing into law, of the Bill for the establishment of the Mental Health Act, by the

There is help, there is hope, there is treatment at every stage. Get help, get treated. Live life. Save a life.

Medicine was provided as a gift by the One who created the Heavens and the Earth, the Sun, the Moon, and the Stars. In His Magnificence and Mercy, He provided solutions and cures for diseases, by instilling intelligence in mankind for the development of medicine, which He intended for good.

There is no way mankind could have done so, without His empowerment.

We will need to do our part, by doing all we can to get help from what He has created. When we come to the end of ourselves, He will do the impossible.

To family, friends, colleagues and acquaintances, you can help by getting informed, so you know what the signs are, and you know what to do to help. Read between the lines, listen to save a life. Say no to Mental Health Illiteracy!

Quickly, I would love to share what the early tell-tale signs are, do not ignore these: Eating or sleeping too much or too little Pulling away from people and usual activities Having low or no energy Feeling numb or like nothing matters Having unexplained aches and pains Feeling helpless or hopeless Smoking, drinking, or using drugs more than usual Feeling unusually confused, forgetful, on edge, angry, upset, worried, or scared Yelling or ďŹ ghting with family and friends Experiencing severe mood swings that cause problems in relationships Having persistent thoughts and memories you can’t get out of your head Hearing voices or believing things that are not true Thinking of harming yourself or others Inability to perform daily tasks like taking care of your kids or getting to work or school Source: https://www.mentalhealth.gov Vital information: One or all of the following symptoms must affect and hamper the quality of your life significantly, to be determined as an early sign of mental illness, whether mild, moderate or pronounced.

Stop the Stigma, help someone today by being knowledgeable!

Chinweoke Okpalaji, Founder, Heads Together Nigeria, a Mental Health Awareness NGO for Women and Children

National Assembly, as well as catching up with the requirements of the Global Treatment Standards, adopted by the United Nations for Mental Health.

The Stigma Often, what we do not understand, we choose to fear (Dan Brown, 2009).

We don’t understand why people have phobias, anxiety disorders, mood swings, personality disorders, obsessive compulsive disorders, eating disorders, suicidal behaviour, depression etc.

Since we don’t understand why and how clearly these issues have impacted their lives negatively, we choose to give them labels such as crazy, looney, etc, possibly to make us feel more comfortable, thus, disempowering ourselves with the ability, and opportunity to provide help, or any form of support.

The U.S. Department of Health & Human Services, says that mental illnesses can be caused by any of the following: r 'BNJMZ IJTUPSZ PG NFOUBM IFBMUI r (FOFT PS CSBJO DIFNJTUSZ r 5SBVNBUJD MJGF FYQFSJFODFT Source: https://www.mentalhealth.gov Mental illness, is not a choice, but a disease. You do not ask for it.

It is time, TO STOP THE STIGMA against this class of people. It is also time, to stop the stigma, even against yourself!

Claustrophobia: The Condition I Suffer From I will be the first to say, Chinweoke,

stop the stigma, even against yourself!!! I have suffered from claustrophobia, a form of anxiety disorder, which is a form of mental illness, from early child hood, which grew worse over the years. It hindered my life. I avoided entering air planes, elevators, and even avoided going into banking halls, because of the security doors, once these where deployed in Nigeria. The fear of being in an enclosed environment, was just so overwhelming for me. I missed out on a lot of important activities. These included family events abroad, conferences, seminars, etc. I have lived like this for a very long time.

I have had thoughts of suicide persistently for most of my life, clearly brought on by depression, which I refused to acknowledge. I couldn’t associate myself with such ‘uncool’ issues.

Regarding suicide, my Christian 'BJUI QSPUFDUFE NF GSPN UIJT outcome. I have only recently gained knowledge, and understood that both situations are valid illnesses, and nothing to be ashamed of. I got past the stigma against myself, and received help. I spoke up, and got treated. I spoke to a Dr school mate practicing in the United States, who prescribed medication that has worked tremendously well for me.

It is amazing what the difference speaking up, being open and receiving help, makes. The problem, the obstacle, the monster, is the stigma, and not really the illness!!!!

"THE AILMENTS OF THE MIND ARE GENERALLY NOT PHYSICAL, AND OFTENTIMES APPEAR TO HAVE NO OBVIOUS LIFE-THREATENING CONSEQUENCES, WHICH USUALLY LEADS TO TREATING THESE DISEASES WITH LESS IMPORTANCE, FIRST BY THE INDIVIDUAL, AS WELL AS CLOSE ASSOCIATES. IT SUFFERS THE TRAGEDY, OF BEING DIAGNOSED AS A PROBLEM CAUSED BY AN UNSEEN FORCE, REQUIRING TREATMENT OF THE SAME NATURE, UNLIKE A TOOTHACHE, MALARIA OR CANCER"

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10.10.2017

Illegality of a Contract: Whether Raised or Not PAGE 4

Olanipekun Speaks at Lagos Judiciary Bar, Bench Forum Today PAGE 5

Court Orders Nigerian Army to Pay N85m Damages for Killing Unarmed Man 8 Years Ago PAGE 5

OAL: Legal Profession Can No Longer Rely Solely on Traditional Areas of Practice PAGE 6

QUOTABLES 'From the Judicial or Ex-Judicial Officers in that Committee (Corruption and Financial Cases Trial Monitoring Committee), I don't have any problem.

Where I have a problem, is with the practicing Lawyers that are in that Committee. I believe that the Lawyers who are there, even though they are past Presidents of the NBA or members of the NJC, they are the Players in the League. You don't put a Player to be the Referee in a Match.'

– Emeka Ngige, SAN

‘A Lawyer Must Guard His Personal and Professional Integrity Jealously’

'The National Assembly, appears to be appropriating too much responsibilities to themselves. The Constitution, the one that I know about, allows the National Assembly to do three major functions - make laws, represent their people, and to do oversight functions. The National Assembly has all the while tried to see if they can encroach into all manners of duties, one of which is that they have had a running battle with the Executive.'

– George Eke, Legal Practitioner, Lagos

The Unsatisfactory State of our Justice System (2)

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.

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The Rashidi Yekini Case: State of Mental Health Law in Nigeria PAGE 12

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

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Revisiting the Mental Health Act

A

World Mental Health Day s we mark “World Mental Health Day” today, October 10th, first celebrated in 1992, “a day for global mental health education, awareness and advocacy against social stigma”, my heart goes out to all those who are suffering from one mental health disorder or the other.

What is Mental Illness?

Mayo Clinic defines mental illness as “a wide range of mental health conditions – disorders that affect your mood, thinking and behaviour. Examples of mental illness include depression, anxiety disorders, bipolar disorder, schizophrenia, eating disorders, and addictive behaviours”. The Mayo Clinic goes on to say that, though many people have mental health concerns from time to time, “a mental health concern becomes a mental illness when ongoing signs and symptoms cause frequent stress and affect your ability to function”.

There does not seem to be one definite cause of mental illness. It could be caused by genetic factors, that is, inherited traits running through the family bloodline, it could also arise from psychological trauma suffered by the person in childhood, maybe sexual or physical abuse, emotional trauma like losing a beloved parent, especially in difficult circumstances, adolescent stress, even exposure to things like drugs, alcohol and toxins during pregnancy can affect the baby in the womb and lead to mental illness, or taking of drugs in adolescence, impairment and malfunctioning of brain chemicals sometimes leading to depression.

Most mental illnesses cannot be prevented, but can be treated in several ways, including medication, psychotherapy, hospitalisation, cognitive behaviour therapy, electroconvulsive therapy (ECT) which is usually used when the use of medication and psychotherapy have been unsuccessful on a patient suffering from illnesses like severe depression and schizophrenia. Transcranial Magnectic Stimulation (TMS), is also a newer form of treatment, "a noninvasive procedure that uses magnetic fields to stimulate nerve cells in the brain to improve symptoms of depression". TMS is also used when other forms of treatment for depression fail.

My Visit to My Friend at Royal Free Hospital, London Many years ago, I had cause to visit someone at the Mental Health Wing at Royal Free. He had had a nervous breakdown, and had been detained at the mental health facility of the hospital under Section 2 of the Mental Health Act, 1983 (the 1983 Act). After reports by family members and neighbours, of ongoing strange and unruly behaviour, an approved

Medical Health Practitioner had made an application by virtue of Section 2 of the 1983 Act, to compulsorily admit my friend to the hospital for medical assessment and treatment, if the need arose. The law allowed him to be detained at the Facility for up to 28 days (Section 2(4) of the 1983 Act).

It was the first time, that I had visited such a Facility. Not that there was anything particularly austere or bad about the environment, it just had more secure doors than the other areas of the hospital, to prevent the patients from escaping. For the one hour or so that our visit lasted, my friend was not violent, but rambled on incoherently for the entire visit, not making much sense.

I wondered what had happened to him.

He was someone that we saw regularly, and I must confess that, I didn’t see the breakdown coming at all. His long time girlfriend whom he was hoping to marry, had dumped him unceremoniously. Could this be the cause of his breakdown?

Diagnosis and Treatment The diagnosis was that he was Bipolar, that is, he is a manic-depressive, “a brain disorder that causes unusual shifts in mood, energy, activity levels and the ability to carry out daily tasks....episodes of depression with mixed features – the highs are called “mania” and the lows, depression”. Again, I wondered whether it was the break up of the relationship, that had such a devastating effect on him. Could it be? I did a little bit of research, and discovered that it is also a condition that runs in families (genetic), and can last a lifetime. Though, I later found out that his mother’s sister had mental health issues, I didn’t know what her specific ailment was. Was my friend's illness a result of a combination of the heartbreak and genetic factors?

Anyway, my friend was given medication, and just before the 28-day period was over, the Doctors reported that though his mental state had improved from when he had initially been admitted, he was not yet cured. They recommended that he stay on in hospital, but on a voluntary basis. Of course, my friend refused to stay on in hospital.

I disagreed with the Doctors’ report. I felt that my friend should have been further sectioned (detained) under Section 3 of the 1983 Act, which permits detention for up to 6 months. Since the Doctors said that he was not cured, I believed that this was good enough grounds for his further detention in the hospital, so he could receive the comprehensive, properly supervised treatment, which he had received during the initial 28 days, resulting in the improvement in his condition. After all, he didn't necessarily have to be in the hospital for the whole 6 month period.

I saw the decision not to keep my friend sectioned, as a flaw in the system. I felt that the Mental Health Act, was a bit too lax in

this regard. It was then explained to me that, despite his mental state, my friend has fundamental rights that must be respected, and since he was not a danger to himself or anyone else, and was not running round the streets of London naked, the decision to stay in the hospital had now become his.

Sadly, over the years, my friend has been in and out of mental health facilities since then. When he feels better and goes home, he stops taking his medication after a while, he relapses, and ends up back in the hospital. I feel some sense of consolation, that at least, in London, he has the benefit of better care in a decent environment. What would have happened to him if he was here in Nigeria? Would he have suffered the same fate as a school senior of my brother, who had started taking drugs in secondary school? Recently, my brother was walking down the Marina, and saw people fearfully giving way to a half naked 'madman'. On closer inspection, he realised that it was his senior from school. My brother said that, he seemed to have totally lost his mind, he had a vacant look in his eyes, no sign of recognition at all for my brother as he swayed past, roaming around the streets of Lagos in that terrible condition.

The Nigerian Position Unfortunately, the situation with regard to the treatment of mental health illnesses in Nigeria, is poor. Seeing mentally unstable people roaming the streets naked, has always been a common occurrence here.

In Nigeria, there is still so much stigma attached to mental illness. In a society where people are extremely superstitious, and still believe that mental illness is as a result of a 'juju' (black magic) attack. Locking such patients in a room at home, chaining them like prisoners and animals, giving them traditional treatment with 'Agbo' (herbs) and so on, while in confinement at the Traditional Healer's Healing Home, Spiritual Intervention under 'abo' (Cover) in some Church or Spiritual Home, are still prevalent here.

As far as the Legal Framework is concerned, we have not gone past the outdated Lunacy Act, 1958 (enacted 59 years ago!).

The title of the Act is inappropriate and derogatory. A Study by the College of Medicine, University of Ibadan in 2012, revealed that mental illness ranked 20% among other health issues. Obviously, it requires much more attention, than it is being given. Of course, like the poor

"IN NIGERIA, THERE IS STILL SO MUCH STIGMA ATTACHED TO MENTAL ILLNESS. IN A SOCIETY WHERE PEOPLE ARE EXTREMELY SUPERSTITIOUS, AND STILL BELIEVE THAT MENTAL ILLNESS IS AS A RESULT OF A 'JUJU' (BLACK MAGIC) ATTACK. LOCKING SUCH PATIENTS IN A ROOM AT HOME, CHAINING THEM LIKE PRISONERS AND ANIMALS, GIVING THEM TRADITIONAL TREATMENT WITH 'AGBO' (HERBS) AND SO ON, WHILE IN CONFINEMENT AT THE TRADITIONAL HEALER'S HEALING HOME, SPIRITUAL INTERVENTION UNDER 'ABO' (COVER) IN SOME CHURCH OR SPIRITUAL HOME, ARE STILL PREVALENT HERE"

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com state of medical facilities in the country, those for the treatment of mental health illnesses, are grossly inadequate. There seems to be a pending Mental Health Bill 2008 sponsored

by Senator Manzo, seeking to replace the Lunacy Act, lying somewhere in the National Assembly, not passed till date.

Nigeria needs to step up its game, in terms of its handling of mental health illness, with regard to all aspects of it, as it is on the rise.

From how we the people, perceive mental illness, less stigmatisation and poking fun at those who suffer from such ailments, to more enlightenment and understanding. It is a sickness, like any other, just of the mind and not the body. Many people are frustrated, on the edge. In countries like USA, it is the norm for people to have a session with their 'Shrink' (Psychiatrist) on a weekly or monthly basis, without being seen as 'mad', just as a Diabetic may go to hospital to check his/ her blood sugar level regularly. Provision of modern day facilities to take care of patients, and an up- to-date legal framework, like the Mental Health Act in UK.

Appreciation My Dear Readers, this month, it is exactly one year since I assumed the role of Editor of this esteemed publication, THISDAY Lawyer.

I thank God for everything, especially for His support and the inspiration that He gives me. I would also like to say a special thank you to ‘Publisher’, Nduka Obaigbena, for the confidence he reposed in me, by appointing me to this position.

When Publisher invited me to fill the ‘big shoes’ left behind by my predecessors, May Mbu and Funke Aboyade, SAN, I was somewhat taken aback. But it seems that, Publisher had seen qualities in me, which I myself may not have even recognised.

Of course, my schedule has become superbusy, but I have enjoyed every minute of this last year, challenges, deadlines and all, working through holidays when others are relaxing, there are never any dull moments.

I must also thank Funke Aboyade, my pillar of support and main ‘critic’, especially when I was still a ‘Freshman’ (I think I may have graduated by now – Funke, over to you!), Eniola Bello, the Managing Director of THISDAY, my weekly ‘sounding board’, very knowledgeable about everything, Jude Igbanoi, the Deputy Editor of THISDAY Lawyer for his commitment, selflessness and invaluable ideas (I think Jude and I make an excellent team), Akinwale Akintunde our very capable Page Planner (who still gives me lessons on the dos and don’ts of journalism), Abubakar Sani, our most diligent columnist, INSIGHT, always very interesting and articulate, my good friend and 'Justice Sector Reform Crusader', Wale Fapohunda, and last but not the least, You, my Readers, not just for your attention, but for your constructive criticism and words of encouragement, which spur me on. Ese, Nagode, Dalu.

4/LAW REPORT

10.10.2017

Illegality of a Contract: Whether Raised or Not

T

the Court of Appeal. They contended that the failure to seek leave, now makes it very difficult for the Supreme Court to consider the issue. They relied on GLOBAL TRANSPORT OCEANIC O.S.A. v FREE ENTERPRISES (NIG.) LTD (2001) 2 SC 154 at 161 to submit that, the Appellant cannot raise a fresh matter that involved evaluation of evidence adduced at trial.

Facts

he Appellant was the owner of the property situate at Plot 2, Block 3, 2nd Avenue, Ikoyi, Lagos State. He needed funds, to pay the school fees of his children schooling in the United Kingdom. He was therefore, interested when he saw the Respondent’s billboard with the information: “Need Cash Got Property?”

He was informed that the service offered was a Purchase and Buy Back Arrangement, whereby a client enters into a conditional sale agreement in respect of his property which could be repurchased within six months. The Appellant signed documents to effect the sale of the property to the 1st Respondent for the sum of N6,850,00.00, with an option to buy back the property at a purchase price of N8,700,000.00 within six months. The Appellant failed to re-purchase the property within six months, and the 1st Respondent sold the property to the 3rd Respondent who promptly took possession and commenced reconstruction work on the property. The Appellant, unhappy with the transaction, went with thugs to the construction site and chased all the workmen away.

The 1st Respondent thereafter, commenced an action against the Appellant at the High Court of Lagos State, seeking inter alia, a declaration that by the sale agreement between the Appellant and the Company, it acquired an equitable interest in the property. The Appellant filed a Counter-claim seeking inter alia, an order setting aside the sale of the property to the 1st and 2nd Respondents. The trial Court granted the reliefs sought by the Respondents, and made an order of specific performance against the Appellant compelling him to complete the sale to the 3rd Respondent. Dissatisfied, the Appellant appealed to the Court of Appeal, which Court affirmed the decision of the trial Court. The Appellant further appealed to the Supreme Court.

Issues for Determination: 1. Whether the Court of Appeal was right in affirming the decision of the trial Court, that the transaction between the Appellant, the 1st and 2nd Respondents was a sale and buy back transaction, without considering the Appellant’s contention that the transaction was a loan agreement.

2. Whether the Appellant’s contention that the agreement between him and the 1st and 2nd Respondents was a loan agreement, which transaction should have been declared illegal having regard to the provisions of the Money Lender’s Act and which issue the Court of Appeal failed to decide upon.

Arguments On Issue 1, the Appellant submitted that the lower Courts failed to grasp that, the main issue for determination in the case, was whether the transaction in question was a money lending transaction or a sale and buy back transaction. He contended that the Court of Appeal in affirming the decision of the trial Court relied on Exhibit H - Purchase Receipt and Acknowledgment of Sale - without reference to the intention of the parties. He argued that, it has always been recognised by the Courts, that it might be necessary to go beyond the legal terms used in a document to discover the real intentions of the parties as to the nature of the legal relationship created, particularly where the transaction documents were not prepared by lawyers. He relied on MOBIL OIL (NIG) LTD v JOHNSON (1961) All NLR 93 at 96 and 99.

The Respondents contended that, the Appellant wanted the Court to import into the written contract, terms not included in the contract, which will violate settled principles relating to the evaluation of written documents. They relied on ANYANWU & ORS v UZOWUAKA & ORS (2009) 6-7 SC (Pt. II) 44 in arguing that matters discussed before a binding contract is entered, do not form part of the contract and that no Court will engage in the importation of terms not listed in it. They argued that the loan element now being imported by the Appellant, did not identify percentage of interest and none was expressed in the contract. They urged the Supreme Court to hold that Courts do not rewrite contracts for parties, where the terms of the contract are clear.

They relied on ALADE v ALIC (NIG) LTD (2010) 12 (SC) (Pt. II) 59.

On Issue 2, the Appellant argued that, issues were

Hon. Amina Adama Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 16th Day of June, 2017 Before Their Lordships Mary Ukaego Peter-Odili Olukayode Ariwoola Musa Dattijo Muhammad Kumai Bayang Aka'ahs Amina Adamu Augie Justices, Supreme Court SC.145/2010 Between Prince Kayode Olowu ........ Appellant And 1. Building Stock Ltd 2. Mr. Oluwole Adeniran 3. International Capital Resources Ltd ........Respondents Lead Judgement delivered by Hon. Amina Adamu Augie, JSC

joined between all the parties, as to whether or not the transaction was illegal having regard to provisions of the Money Lenders Law of Lagos State. The Respondents argued that, the Appellant did not raise this new point of Money Lender’s Law in his Notice of Appeal and that he only raised it in his Reply brief, and that he did not obtain leave of Court to canvass fresh points which were not considered by

"WHEN A CONTRACT IS EX FACIE ILLEGAL, WHETHER IT IS PLEADED OR NOT, A COURT WOULD NOT CLOSE ITS EYES AGAINST IT, BECAUSE IT IS DUTY OF EVERY COURT TO REFUSE TO ENFORCE SUCH A TRANSACTION, EVEN WHERE ILLEGALITY IS NOT PLEADED"

Court’s Judgement and Rationale The Supreme Court, in deciding issue 1, held that the lower Courts may not have specifically stated that the issue is whether the transaction was a loan or a sell and buy back arrangement; nonetheless, the trial Court made it clear that, it did not believe the Appellant. Their Lordships accepted the admission of the Appellants in his brief, stating that he signed all the documents relied upon by the Respondents relating to sale of the property. The Court relied on CHIKERE & ORS v OKEGBE & ORS (2000) FWLR (Pt. 22) 1005 at 1038 where it was stated that “the Appellants are bound by the unequivocal admission of their counsel and this Court would be right acting on the admission of counsel on behalf of his clients”. The Court therefore, agreed with the decision of the Court of Appeal affirming the decision of the trial Court, to the effect that there was a valid contract between the parties to sell the property to the 1st Respondent with an option to repurchase same within six months, and that since he defaulted, the 1st Respondent had every right to claim the said property.

On issue 2, the Court held that it is too late to raise a matter in the Supreme Court that was not canvassed at the trial nor in the Court of Appeal, unless it involves substantial points of law; no further evidence will be needed; and such a course of action is actually necessary to prevent obvious miscarriage of justice.

OKONKWO v OGBOGU (1996) 5 NWLR (Pt. 449) 420 SC. The Court found that the Appellants never joined issues with the Respondents on the legality of the transaction at the lower courts, and that it was too late to raise same at the Supreme Court. On the substantive issue of illegality, the Court held that when a contract is ex facie illegal, whether it is pleaded or not, a Court would not close its eyes against it, because it is the duty of every Court to refuse the enforcement of such transaction even where illegality is not pleaded. SODIPO v LEMMINKAINEN OY & ANOR (No. 2) (1986) 1 NWLR (Pt. 15) 220.

However where the contract is not illegal on the face of it, and the question of it being illegal depends on the surrounding circumstances of the case, then as a general rule, the court will not entertain the question of its illegality unless it is raised in the party’s pleadings. In the instant case, the Appellant admitted that he did not raise illegality in his pleadings; he only raised it in his reply brief at the Court of Appeal. The Court affirmed the position of the Court of Appeal, which stated that “this transaction, the Appellant claims is illegal, I am hard put to discover the illegality arising therein. It certainly is not disclosed ex-facie".

The Supreme Court in resolving the other issues raised in the appeal held that, the remedy of specific performance operates in the field of contract, which means there must be a concluded contract, complete and certain, in accordance with the law of contract.

Thus, a party who seeks specific performance must show that he has performed the conditions precedent to the performance of the contract or that he is ready to perform the terms which he ought to have performed. ANAEZE v ANYASO (1993) 5 NWLR (Pt. 291) 1. The Court held that since there was no privity of contract between the Appellant and the 3rd Respondent, the lower Court ought not to have made an order of specific performance in favour of the 3rd Respondent; the order was consequently set aside.

Appeal Dismissed.

Representation: Appellant not represented. O.A Uzegbu Esq with 13 Ors for the 1st and 2nd Respondents Princess Monica Akiri with Otega Kafohro Esq. for the 3rd Respondent Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

10.10.2017

NEWS/5 N5.6bn Estate Mismanagement: Court Orders Service of Processes on BOI Trustees MD

SAN CONFERMENT Mr. Sylvester Elema, SAN (middle) flanked by his family after his conferment as a Senior Advocate of Nigeria at the Supreme Court complex in Abuja...recently

Olanipekun Speaks at Lagos Judiciary Bar, Bench Forum Today Stories by Akinwale Akintunde Former President of the Nigerian Bar Association and a Senior Advocate of Nigeria, Chief Wole Olanipekun, will today speak on ‘Promoting a Pace Setting and Productive Judiciary in Lagos State’ at the Bar, Bench Forum organised by the Lagos State Judiciary.

The Bar, Bench Forum is part of the activities put together by the Lagos State Judiciary to mark the New Legal Year, which commenced yesterday with the Church and Mosque Services which held simultaneously at the Cathedral Church, Marina, Lagos and the Central Mosque, Nnamdi Azikiwe Street, Lagos.

A statement from the office of the Chief Registrar of the High Court of Lagos State, Mrs. A.O. Soladoye, stated that also, as part of the activities marking the 2017/2018 Legal Year, a Novelty Football Match would be played between Lagos State Judges and Magistrates, at the Ajele Stadium tomorrow, Wednesday, October 11.

Other activities according to the statement, include Free Medical Health Screening and Treatment for members of Staff of the State Judiciary, at both the Lagos and Ikeja Divisions of the High Courts, a Stage Drama Show titled, “Yes My Lord” will hold at the City Hall on Thursday and a dinner on Friday.

Court Orders Nigerian Army to Pay N85m Damages for Killing Unarmed Man 8 Years Ago A Federal High Court sitting in Lagos, has ordered the Nigerian Army to pay the sum of N85 million as damages to the family of the late Mr. Olajide Enilari, for assaulting and eventually killing him eight years ago.

Justice Ibrahim Buba in his judgement in the suit instituted by Access to Justice, a human rights advocacy group, ruled that the assault, which led to the death of Enilari, was wrong and unlawful.

Access to Justice had filed the suit in April, 2009 on behalf of the deceased’s family, against the Chief of Army Staff, the Chief of Naval Staff, the Attorney-General of the Federation and 3 others.

Enilari, a flour merchant was brutally assaulted by officers of the Nigerian Army on January 27, 2009 along Airways Junction in Apapa, Lagos. > Due to head injuries sustained during the assault, Enilari died on January 29, 2009, in Lagos.

Witness accounts said that Enilari was standing by his truck driver at the Airways Junction in Apapa, when a vehicle suddenly hit him.

The deceased ran to stop the driver of the vehicle from fleeing, but the occupants of the vehicle – who were military personnel – alighted

from the vehicle, and beat him with the iron butts of their belts and an iron rod found on the side of the road.

When the case commenced in the Federal High Court, the defendants raised the issue of self-defence, alleging that the deceased first hit the military personnel driving the vehicle, and ran away.

The defence counsel, further argued that it was in the course of apprehending the deceased, that an angry mob gathered with dangerous weapons attacking the officers, who then used the deceased as a human shield, to ward off the crowd at the scene of the crime.

But after careful consideration of the evidence (oral and documentary) of the parties in the suit, however, the court found no merit in this defence.

The court was of the view, that it was inconceivable that an armed mob would attack military officers for merely apprehending a civilian, and likewise incomprehensible that none of the officers sustained any injury from the attack.

The court thereby ruled, among other points, that the assault, which resulted in the death of the deceased was unlawful, wrong and a gross violation of the deceased’s right to life.

Similarly, the court ruled that the failure of the Nigerian Armed Forces to ensure that the deceased was given medical care from the injury inflicted on him, was a gross violation of his right to life. It also ruled that the death of Mr. Enilari, was a consequence of the assault he suffered at the hands of the defendants.

The court, therefore, ordered the defendants to pay N50 million as aggravated damages, jointly and severally.

It also ordered the payment of N295,000, as special damages to cover for the deceased burial expenses.

The court further gave an order granting the plaintiffs N35 million, for loss and pain caused them by the brutal assault on the deceased which led to his death; and the cost of N250,000 in favour of the plaintiffs. The total payable amount pegged was N85,545 000.

Reacting to the judgement, Chinelo Chinweze, Senior Programme Officer at Access to Justice, expressed delight at the court verdict, adding that the organisation hopes the judgement will help scale-back a deeply entrenched climate of impunity within security agencies in the country.

“Access to Justice welcomes this judgement, in the hope that it will help scale-back a deeply entrenched climate of impunity within security agencies in the country; this climate of impunity feeds the recklessness and unlawfulness of the actions of security forces and law enforcement agencies, in varied contexts.

“We see it in Mr. Enilari’s case, but it is also seen in the conduct of counterterrorism warfare in the North East; in the brutal crackdown against members of the Islamic Movement of Nigeria, (i.e. Shiites) and of IPOB members.

“As an organisation, A2Justice remains committed to ensuring that security forces and law enforcement agencies, are accountable for the gross violations of human rights, they commit.

“However, we are saddened that it took nearly nine years after the incident, to reach this milestone.

“For many victims of human rights abuses, this time standard, is just enough to discourage them from pursuing redress and justice for acts of impunity. We need to reform our judicial procedures to reduce the time taken to meet basic justice needs and deliver needed services”, she noted.

Justice M.A Savage of the Lagos High Court, has ordered that court papers filed in the suit alleging gross mismanagement of the estate of late Philanthropist, Chief Olatunji Ajisomo Alabi, by the management of Bank of Industry Investment and Trust Company Ltd, be served on the Managing Director of the company, Mrs. Betsy Obaseki, through the company's secretary.

Mrs. Obaseki, is the wife of the Governor of Edo State, Godwin Obaseki.

Some children of late Chief Olatunji Alabi a.k.a Lord Rumens, had dragged BOI Trustees before the court over alleged mismanagement of their father's N5.6 billion estate.

The children namely Babatunde, Oladipo, Subuola, Awojuola, Rukayat, Olukemi and Adeola Alabi, stated in the suit that their late father appointed BOI Trustees as trustees of his estate in his will dated July 30, 1996.

The children however, claimed that since the demise of their father in 1998, BOI Investment and Trust Company has persistently mismanaged his estate, and has refused to give proper financial account to them.

Joined in the suit as codefendant is the Managing Director of BOI Trustees, Mrs. Betsy Obaseki, and the Company Secretary, Mr. Simon Odomokwu.

The plaintiffs have served the court papers on BOI Trustees and Mr. Odomokwu, but were unable to serve Mrs. Obaseki prompting them to file a motion for substituted service.

Moving the motion, a lawyer from the law firm of GMO Legal, Olasubomi Durojaiye, stated that her office had made three attempts to serve the court papers on Mrs. Obaseki but that on each occasion, they were told that she was unavailable.

Durojaiye prayed the court, for an order to serve the defendant by pasting the court papers at the premises of BOI office in Lagos, as all efforts to personally serve Mrs. Obaseki had failed.

Granting the motion for substituted service, Justice Savage ordered that the 2nd defendant," rather be served through the

company's secretary who is also a party in the suit.

He subsequently, adjourned the matter to November 14, 2017 for hearing.

In their statement of claim, the late Lord Rumens children stated that BOI Trustees from the on set, cleverly applied and got the probate for their late father's personal properties and not his real properties.

Despite this action, the children claimed that BOI Trustees continued to administer the real properties of their late father.

They further claimed that BOI Trustees deliberately refused to gather their father's estate together and only resorted to rent collection while paying meagre sums as annual allowances to the beneficiaries of estate.

According to them, the gross negligence of BOI Trustees of not gathering all their later father's property together, led to the loss of some properties to third parties.

List of properties allegedly lost as a result of BOI Trustees negligence includes; 38 Acres of land located at Mawuko, Abeokuta Ogun State; Property at 51 Majaro Street, Lagos; 23 Makoko Street, Yaba; 285 Akin Olugbade Street, Victoria island, Lagos; Property at Makoko fishing Village and Carrara Marble, Awodiora, Apapa, Lagos.

Items in the will allegedly mismanaged and unaccounted for by the Trustee includes 26,604 shares with United Bank for Africa, 22,500 shares in Nigerian Bottling Company, 50,000 shares in Total Nigeria Plc, 5268 shares in UAC Plc, and 6,615 shares in Union Bank Plc. The children also claimed that four gold bars weighing 1000kg contained in their father's will, have been unaccounted for as the Trustee insisted that it has not been able to find a local or international buyer for gold bars.

They concluded that since the Trustee has refused to allow any of them to sight the gold bars, they believe that the Trustee may have sold them off, and converted the proceeds or is using same a security for advances for its personal benefit.

Lagos State Charges Eight Suspected Land Grabbers to Court The Lagos State Government, has charged eight persons suspected to be land grabbers, to court.

The suspects who were arraigned before the Special Offences’ Court sitting in the Oshodi Magisterial District, are Chief Kamorudeen Lamina, Mr. Omotola Ogunsanmi, Mr. Samson Shobule aka (Samson Salau), Mr. Biliaminu Orega (aka Biliaminu Salau), Mr. Yekini Soyebo, Alhaji Jimoh Aromasodu, Alhaji Wasiu Orenuga and Alhaji Nurudeen Kasali.

The defendants who were arraigned on a six-count charge of land grabbing activities before Magistrate L.A. Owolabi, pleaded not guilty to the charges.

According to the Prosecutor, Mrs. M.M Balogun of the Lagos State Ministry of Justice, the defendants were charged following a petition to the State Government

by Planets Properties Ltd. The State accused the defendants of committing the offences in February, 2017 in Mowo Kekere in Ikorodu area of the State, by forcefully taking over a plot of land sold to one Mrs. Ebere Okafor by the Ifegbuwa Family, despite evidence that the land was properly acquired by Mrs. Okafor.

The offences, according to the State are contrary to Section 2(1) (2), Section 4 and Section 8 (1) (b) of the Lagos State Property Protection Law 2016.

Testifying before the Court at the hearing, Mr. Kunle Ibrahim, the Managing Director of Planets Properties Limited, whose petition led to the charge, told the court that all the defendants are well known to him.

“I know all the 1-8 defendants

CONTINUED ON PAGE 13

6/

10.10.2017

OAL: Legal Profession Can No Longer Rely Solely on Traditional Areas of Practice Akinwale Akintunde Olisa Agbakoba Legal (OAL), has said that the legal profession can no longer rely solely on the traditional areas of law practice like Commercial Law. The firm stressed the need for diversification, especially into areas like Sports, Fashion and Entertainment.

Beverley Agbakoba-Onyejianya, Head of Regulatory Compliance at OAL, gave this insight at the maiden edition of Entertainment, Sports, Fashion and Law organised in Lagos by the law firm last Thursday.

The event with the theme: ‘Through the Legal Lens’ brought together stakeholders in the sports, fashion and entertainment industries, to examine the synergy between Law and the sectors.

The event, which is the initiative of the OAL Sport, Entertainment and Fashion Team comprising Beverley Agbakoba-Onyejianya, Derin Fagbure and Caroline Tokulah-Oshoma, had in attendance discussants from the three sectors including Koye Sowemimmo, Head of sports, Temple Management, Samson Adamu, CEO, Kinetic Sports, Oghenejobo Tega, Head, Label Partnerships, Mavin Records, Nwakaego Maduekwe, Creative Director, Alter Ego and Kola Kuddus, Vice President of Fashion Designers Association of Nigeria (FADAN).

According to Beverley Agbakoba-Onyejianya, the program is aimed at addressing the challenges in sports, fashion and entertainment industries, by plugging the legal profession properly into these industries.

She pointed out that the sports, fashion and entertainment industries for a long time, have blown exponentially with little or no legal input.

“It’s really encouraging to know that these sectors on their own, are beginning to realise that there's a gap and the only way to achieve further growth and profitability in these sectors, is to begin to adopt more compliance practices.

“Compliance may have a cost, but ultimately being compliant is good for business, because of

the assurance it gives to the public.

“So with this event, we just want to get the awareness out there, that the legal profession has a very massive role to play in the development of all the sectors.

“Sport as we all know is vital to the Nigerian economy. It's a big part of our identity, football is our national sport. So it’s really important, to see how we can take another look at how these sectors are being run.

“It’s been a really good outing today, we had some very insightful speakers that have offered a lot of knowledge, and have given more reasons to want to become major players in these industries.

So. We look forward to a lot more deliberations and actions. And also, it's going to be more work at this point and less talk.

On why consideration of these three sectors, Agbakoba-Onyejianya said she personally has passion for team sport.

“I'm into football, I do a lot of work with children, bringing up the youths in football. So, I felt that we could only get more value, by plugging into these industries. I know that, as it is, Lawyers play big roles in the regulation of sports. But the legal profession still has a lot more to do, in terms of adding more value and taking it to global levels.

“There’s still a bit of gaps, and Lawyers input in these sectors especially sport, can only ultimately give us better representation at Olympics and other international competitions.

“Talking about entertainment, our Nollywood industry is now a billion dollar one, and can no longer be neglected. The government thankfully is doing a lot to support the industry in terms of funds, regulatory. The legal profession can no longer rely solely on the traditional areas of Commercial Law. We have to also factor in entertainment, sports and fashion”, she said.

Discussants at the event welcomed the initiative

by OAL, adding that it’s long over due.

For Kola Kudus and Nwakaego Maduekwe, who were part of the fashion sessions, such initiative, would help them to know how Law can help

L-R: Koye Sowemimmo, Head of Sports, Temple Management Company; Beverley Agbakoba, Head, Regulatory & Compliance Practice, Olisa Agbakoba Legal and Samson Adamu, CEO, Kinetic Sports at the maiden edition of Fashion, Entertainment & Law event organised by Olisa Agbakoba Legal, in Lagos

better protect the fashion industry.

“This is the kind of synergy, that will help with a better understanding on how we can protect our works, protect the designers, and how to structure the industry as a whole", Kudus said.

For Maduekwe, "The discussion has helped to share our experiences and learn how we can integrate law into what we do as fashion designers.

“One of the challenges in the fashion industry, is lack of awareness. A lot of designers or creative people don't even know that they should have legal representation. So they get into situations, where they now need legal help. But this discussion, has really opened ones knowledge more to more areas of industry that need legal help. I learnt a lot of things from the various speakers, and I think this is a good opportunity for people to understand the importance of having a properly structured business and legal representation. It's a welcome development",

Maduekwe said.

For the sports session, Koye Sowemimmo and Samson Adamu said, "Every sector of the economy needs initiative like this, to address their challenges.

One of the major challenges in the sports sector as regarding law, is that there are not enough specialist sports lawyers. And this obviously, has a lot of implications on the sector. But I think this kind of initiative, will help in that direction.

For Oghenejobo Tega, "Law is essential to everything in the society. Entertainment industry that involves a lot of stakeholders, needs law to manage them. But many entertainers and other creative people, think that legal services are too expensive to get, because they do not have the financial muscle", he noted.

Tega however advised that, due to the important nature of legal services to the entertainment sector, entertainers should work out a module that would enable them to afford legal services. He also commended OAL for the initiative.

Legal Personality of the Week Adam Adedimeji

‘A Lawyer Must Guard His Personal and Professional Integrity Jealously’ My name is Adam Adedimeji. I am a Lawyer by training and media professional by calling.

I am also a scholar in Islamic jurisprudence, as my early adult years were spent learning as well as teaching Arabic cum Islamic Studies.

I studied combined law, that is Common and Islamic Laws, and that gave me the opportunity to have requisite knowledge in both laws. And for my Islamic scholarship, I was privileged to attend training both in Nigeria and outside the country. Today, I communicate effortlessly in Arabic language and can write, read and interprete in it.

So far, I have had over 16 years experience in media and legal practice, during which I have been a Senior Legislative Aide and Senior Special Assistant on Media and Legal Matters with the National Assembly Service Commission in Abuja, working directly with Senators of the Federal Republic. I had edited Law Pages of a national daily, the Independent newspapers, where I also had the privilege of serving on its Editorial Board for six years. I have also been specifically dealing with Alternative Dispute Resolution (ADR), legal research and development, parliamentary practice and company incorporation, as well as property management and matters bordering on debt recovery. At the risk of sounding immodest, I am on the cutting-edge innovative ways of achieving client/readers’ satisfaction. In a nutshell, that is who Adam Adedimeji is.

Have you had any challenges in your career as a Lawyer and if so, what were the main challenges?

There must be challenges, not only for Lawyers, but in whatever career one finds oneself. The problem is not in facing a challenge when it

has more to do with the general situation of things particularly as it concerns individual human rights, adherence to the rule of law and constitutionalism in all strata of the society.

What was your most memorable experience as a Lawyer?

What I considered to be a memorable experience came when as a Law student in Bayero University (BUK), my group won a moot court session. That was about two years before I was admitted to the Nigerian Law School.

The celebration and jubilation that followed that achievement, was only equal to the one I had on the day of my call to the Nigerian Bar.

Adam Adedimeji

comes, but in finding a way to overcome it.

I must say God has always been kind to me in assisting me to overcome any challenge, whenever there is one.

What was your worst day as a Lawyer?

My worst day as a lawyer has not been any specific day. My worst day as a Lawyer, is an everyday experience. It is when the rule of law is abused in our society and the people, including those in the legal profession, become helpless owing to an entrenched anomalous system in the society which, by extension, has been the bane of the Nigerian nation, and a clog in the wheel of progress in almost all fronts of our national life. So, my worst day as a lawyer has less to do with my personal engagement, but

Who has been most influential person in your life?

My father. He was more than just a father to me, he was my first teacher, my benefactor and role model, all rolled into one. His teachings and mentoring, are part of me till today and those teachings are more than what I garnered in the course of my attending schools and universities.

Why did you become a Lawyer?

My opting to become a Lawyer, was driven more by a burning desire to adequately equip myself intellectually, in order to confront the challenges of injustice, human rights violations and general abuse of the rule of law prevalent in the Nigerian nation. In other words, I chose law in order to enhance my personal esteem, with a view to making meaningful contributions to the development of my country and the human race.

What would your advice be to anyone wanting a career in Law?

Taking a cue from myself, I would advice anyone intending to have a career in Law, to be guided by the dictates of his or her heart; that is having love for the career you intend to go into, as the first driving force. Those acquainted with me often identify me with "I love this job”, which incidentally is my email account. In the course of my legal/media practice, loving the job I do, has been a major propeller sustaining my progress and consistency, even when discouragement tends to set in because of certain systemic shortcomings. Loving what you do, keeps you going even in the midst of adversity, which is one of the realities of life at any calling. Secondly, jealously guarding one’s professional and personal integrity, has over the years proved to be the secret of success for many accomplished lawyers.

If you had not become a lawyer, what would you have chosen?

If I had not become a Lawyer, I would have been a Journalist, which, of course, is what I am even as a Lawyer. Perhaps, in addition I would have been an Islamic Scholar, which I also have expertise in, and I have been voluntarily doing in addition to my main job.

Where do you see yourself in ten years?

As a Muslim, I am of a strong belief that the destiny of everybody, is in God’s hands. While I am striving to make additional value to my private and public lives with the passage of time, I totally submit my place in the next ten years to the will of God. In addition to that, I am trusting that I will continue to make steady progress in my career, and extensively leapfrog the frontiers of human development in Nigeria and the larger human community.

10.10.2017

SPECIAL REPORT/7

The Unsatisfactory State of our Justice System (2) An Advisory to the Chief Justice of Nigeria In this second, in a series of write-ups on the unsatisfactory state of our justice system, Olawale Fapohunda and Onikepo Braithwaite, review the discussions around judicial reforms in Nigeria, with an appeal to the Chief Justice of Nigeria, to provide leadership for important reforms in the justice sector.

“You will agree with me that over time, the Judiciary, due to its conservative nature, had stagnated in its operations while the other arms of government have continued to undergo reforms...it is now more urgent than ever to undertake a holistic reform of the Judiciary”. .....Honourable Justice Walter Onnoghen, GCON, Chief Justice of Nigeria on the inauguration of the 13-person committee on Judicial Reform

is why we have said that, Judicial reform cannot be a stand alone exercise, but should be a component of the holistic reform of our justice system.

O

The Bilikisu Bashir Committee on Judicial Reform ne of the first interventions of Honourable Justice Walter Onnoghen, on assumption of office as the Chief Justice of Nigeria (CJN), was the inauguration of a 13-person steering Committee on Judicial Reform (The Bilikisu Bashir Committee). The Editor's Page, expressed disappointment with that intervention. Quite aside from our concern about the composition of the Committee, we were of the opinion that there is nothing that needs to be said about the state of our judiciary that is not contained in reports of multiple conferences, meetings and committees, many of which were facilitated by His Lordship’s predecessors.

If the executive branch of government is allergic to the principle of continuity in governance, the judiciary should not be ensnared by the same allergy. In our respectful view, what the judiciary needs today is certainly not yet another committee, to find out what is wrong with the judicial system.

Challenges faced by the Judiciary To be sure, on a calm reading of the existing literature on judicial reform including recommendations from constitutional conferences, we find an emerging consensus on the challenges faced by our judicial system. These include: Corruption: Judicial corruption is not simply about judges taking bribes. It includes all forms of inappropriate influence, that may damage the impartiality of justice, and may involve any actor within the justice system, including lawyers and administrative support staff; Backlog of Pending Cases: Our judicial system has a large backlog of pending cases, especially in the superior courts. This number is continuously increasing and this itself, shows the inadequacy of the legal system; Lack of Transparency: The perception of lack of transparency in the functioning of the judiciary, is largely to be found in concerns that the Freedom of Information Act is totally out of the ambit of the Judicial system.

Therefore, substantial issues like the quality of justice and accountability, are not known properly; Archaic Systems and Procedures: Writing in long hand and limited use of Information Technology (IT), are two key issues. Our courts remain wholly paper-dependent.

In the twenty-first century, Judges must engage with information technology systems; No interaction with the Society: It is very essential, that the judiciary of any country, should be an integral part of the society, and its interactions with the society, must be made regular and relevant.

Corruption in the Judicial System Of all the issues highlighted, it would seem that the judiciary has focused on corruption in the judiciary. We applaud efforts of the NJC in dealing with specific cases of judicial officers accused of graft, we also appreciate the rationale behind the establishment of the Justice Ayo Salami Committee to monitor corruption trials.

However, it is our view that the issue of slow pace of corruption trials, requires additional reflection. However good looking the optics of the directive by the CJN to the heads of courts on establishing special courts in their jurisdictions solely for the purpose of handling

Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

corruption and financial crimes trials may be, we find no reason to join the celebration.

For one, this initiative is not new. Before now, we have had initiatives aimed at fast-tracking cases of corruption, through fast track courts. We have also had practice direction on speedy disposition of corruption cases, issued by the office of the CJN. The inconvenient truth is that these initiatives have not worked, largely because of the structural limitations within the judiciary and factors not within the control of the any court. For example, how do we reconcile specialised anti corruption courts, with the NJC requirement that a judge must be seen to be productive? Productivity determined by the number of judgements delivered within a given time frame.

Secondly, the whole discussion on speedy disposition of corruption cases, ignores the every day reality of the challenges inherent in our criminal justice system.

Corruption cases, struggle with the same obstacles faced by criminal trials generally. That is why we have a large number of awaiting trial persons, in our prisons. Issues like the absence of forensic analysis, the underfunding of the DPP’s office within an under-resourced Justice Ministry, poor evidence gathering by the police, an archaic legislative regime, unethical practice by some lawyers, to mention but a few, are some of obstacles the judiciary ha no control over, but which will inevitably determine the speed and the outcome of corruption cases. This

"WE HAVE SAID THAT, THE DISCUSSION AROUND JUDICIAL CORRUPTION, IGNORES THE ISSUE OF FAIR AND ADEQUATE CONDITIONS OF SERVICE FOR JUDICIAL OFFICERS. IT IS RIDICULOUS AND UNREALISTIC, TO CONTINUE TO INSIST THAT A CALL TO THE BENCH, IS ONE TO NATIONAL SERVICE AND PENURY"

Proposals for CJNs Consideration We are in agreement with the CJN, that the state of our judiciary calls for speedy remedial matters. The Editor's Page and some of our other articles in this publication, have eloquently made out a case for many specific and practical judicial reforms. However, no effort has been made to implement them.

We have advised that, the CJN has to take the judiciary in a different direction. In a direction never seen before, in the history of Nigeria. As a starting point, the disconnect between the judiciary and the citizenry needs to be dealt with. We have suggested that the CJN publishes his agenda for the judiciary. At the very least, this will enable better understanding and appreciation of proposed and ongoing measures, aimed at Increasing access to justice for the citizenry, reducing delay, enhancing accountability through structural changes and setting benchmarks.

We have also advised that, the CJN should rightly take his place as the Chief Justice of Nigeria, and not just of the Supreme Court. Breaking down barriers of judicial conservatism, should include on the spot visits to State judiciaries. Majority of Nigerians do not live in Abuja. Periodic visits to state judiciaries including lower courts, will provide an opportunity for the CJN to see first hand, the quality of justice being served Nigerians.

We have proposed the idea of National Council on Administration of Justice (NCAJ), to promote consensus building among the three branches of government on matters of administration of justice. We note that this idea appears to be accommodated in the Terms of Reference of Bilikisu Bashir Committee on Judicial Reform. “Exploring areas of comparative advantage and mutual cooperation between the three arms of government” is an initiative that finds a place within the framework of the proposed NCAJ. We again commend this suggestion to the CJN. We have said that, the discussion around judicial corruption, ignores the issue of fair and adequate conditions of service for judicial officers. It is ridiculous and unrealistic, to continue to insist that a call to the Bench, is one to national service and penury. We have said that conditions of service of judicial officers, must be set at a comparatively high public- service level, in order to remove both the temptation to corruption and public contemplation of the possibility of such temptation. The guarantee of adequate conditions of service, is not meant for the benefit of the judiciary alone. Rather, financial security is a means to the end of judicial independence, and is therefore, for the benefit of us all. We have called for a review of judicial salaries, pensions and benefits, as an important component of judicial reform. To achieve this in concrete terms, we have proposed an Independent Judicial Benefits and Compensation Commission appointed by the President in consultation with State Governors, to undertake a comprehensive review of salaries, allowances and benefits of all judicial officers in Nigeria including lower court judges. The Commission should be required to submit a report with its recommendations to the National Council of States, for deliberation and implementation. We now call on the CJN to support this proposal.

A Plea for Leadership In all, our appeal to the CJN, is to articulate and provide direction and leadership for the needed reforms in the justice sector. In the words of His Lordship on the occasion of the submission of the report of the Bilikisu Bashir Committee on Judicial Reform “.... it is our duty to lay the first foundation for solving our problems; nobody can come from outside to salvage the Nigerian Judiciary.

The solution must come from within us. We have to do so because if we don’t do so, the whole edifice will fall on our heads and we will have ourselves to blame”. We concur.

8/COVER

10.10.2017

‘Nigeria’s Best Lawyers Are Not In The Judiciary’ He is not known to be lily-livered, as he never shies away from controversy. In the perilous times of military dictatorship and autocracy, Dr Olisa Agbakoba, SAN dared the then authorities, by challenging their human rights violations, which led to the birth of Civil Liberties Organisation (CLO). The former President of the Nigerian Bar Association, has continued to soldier on. Onikepo Braithwaite and Jude Igbanoi recently sought his views on the state of the nation, the judiciary, corruption and why the IPOB agitation cannot be simply wished away

Dr. Olisa Agbakoba, SAN PHOTOS: Kolawole Alli

L

earned Silk, what informed your decision to file the fundamental rights action against the Federal Government in 2010, citing the breach of Section 42 of the 1999 Constitution as your ground? What is the position of the case? Do you really expect to get justice from the action? Or what is your expected outcome, since you are not a proponent of restructuring? Or was it just a way of legally ventilating the frustrations of the South East Zone?

There are a number of factors. First, as a matter of principle, if you are from the South East, looking at the Constitution of Nigeria, Section 14 that provides for equal participation and inclusion.

I can see that going back to the end of the war, the South East has been excluded. Right from the last appointments of the NNPC Board, where there is no South East person, it is inexplicable.

That ought not to be done.

Secondly, I have always thought about what the late Gani Fawehinmi, SAN always said, that if you compare what Nnamdi Kanu is doing, agitation on the streets. Gani’s methodology has always impressed me, use the courts to ventilate anger, in your rights. Whether I am going to go anywhere is a big issue, because ever since then, the case has not even been heard. Not one single hearing!

They just don’t want to hear the case, because its been seven years now, and it has come before four judges, I dare say from the North. It has not been heard.

The case is very simple. Section 42 makes a clear provision that, there shall be no discrimination on three grounds, gender, ethnicity and religion.

So if you look at the appointments at NNPC, clearly it is discriminatory and offends Section 14 and that is part of the grievance that we now see manifesting in the agitation for Biafra.

Restructuring?

No. I don’t like the word restructuring, because it has been abused, misunderstood and set out of context. The real question is, what is the legal framework that Nigeria needs, to ensure that its diverse peoples are included?

That legal framework is the Constitution. The second question is, what type of Constitution

"NO. I DON’T LIKE THE WORD RESTRUCTURING, BECAUSE IT HAS BEEN ABUSED, MISUNDERSTOOD AND SET OUT OF CONTEXT"

does Nigeria need? Nigeria needs a Federal Constitution.

If you look at the Constitution, it has 98 items of power. 60 are exclusively that of the Federal Government. The other 30 are on the concurrent list, with the Federal Government having the first bite. So, really, the State Governments have no power at all. Therefore, there will be problems.

They are now having all sorts of strikes. So, I ask, is there nobody advising the President?

That is the problem, the underlying cause of Nigeria’s hypertension, is over-concentration of powers at the centre. That is why I say, restructuring may not necessarily be the right word to use. Whereas, restructuring may be part of the configuration, I like to use a more simple word, which Prof Nwabuaze, SAN has corrected.

I was using ‘devolution of powers’, but Prof Nwabueze said devolution of powers, refers to a unitary structure. The proper appellation for Nigeria’s problems, according to Prof Nwabueze is ‘redistribution.’

10.10.2017 You don’t devolve, because ‘devolve’ means to give, and the Federal Government has nothing to give. So, it is to ‘redistribute.’ All the Governors, Local Governments and the Federal Government, each carry responsibilities. Think what would have happened, if the Federal Government has no role in hospitals, health, education and housing. Because they cannot provide it. But the Federal Government spends 80% of our resources on 30% of the population, paying salaries. So, these are issues that must be taken into account, when we are discussing restructuring. We must also take into account, economic governance.

The way it is done, is to have governments create policies, and then the government must make sure that there are Regulators. Then you have modules of government, the Executive, the Legislature, the Judiciary and the Regulators.

The Regulators will regulate the area of business operations that the Federal Government has allowed the Private Sector to play a role in.

For me, that is part of the restructuring. You know what will happen? If we restructure in the way that Ohaneze and the Yoruba Leaders of thought think, the result is that we will transfer the inefficiencies at the centre, to the States.

So you must first restructure the mind. I agree entirely with President Obasanjo, that our minds have to be restructured. So that when you go in, it will be a major attitudinal shift. The Private Sector has to play a role in anything that will make Nigeria go forward.

You are on record to have cautioned the Federal Government not to re-arrest Nnamdi Kanu, the self-proclaimed leader of IPOB. But he violated every term of his bail conditions. What informed your position on Nnamdi Kanu?

Because its no longer a legal question. That is the truth. Its now a politically hot potato. My worry was that, if he was re-arrested he would have posted a credible threat. He could have organised any band of unemployed disaffected youths and create mayhem. Rather than that mayhem, what I thought the Federal Government should do, was to look for ways to appease.

When Acting President Osinbajo was presiding over these matters, he started very well. He had called the South East leaders, and they were talking. That led to the South East Governors talking to Kanu. They were supposed to meet on September 15, but suddenly you create a force called Python. Just look at the name! You then throw these troops into the fray. So, the mayhem that has been created, is totally avoidable.

Re-arresting Kanu would not have helped, because they lost. They would have just kept quiet, because he is due back in court in October.

Bring an application, that he has violated his bail terms. That is it! That is why his re-arrest would be a big error.

Some are accusing this present government of tribalism in favour of the North and acute marginalisation of the South East, also in terms of official appointments. But going from when you instituted your action in 2010, it seems that this trend did not start today under the Buhari Administration, but had been a trend from the past. What could be the reasons for this? The other side of the argument is that former President Jonathan who is from the South-South Zone had plenty of time to right these wrongs, but did little or nothing about them. Why was the agitation not as much then? That this agitation is simply a rouse to distract, discredit and destabilise this regime. Kindly comment on this.

Hans Morgenthau talks about Realpolitik. You know this problem goes back to 1960. It’s a long standing problem. There was a time, that the South East was viewed as the stronghold of the Nigerian federal process, in terms of appointments and all of that. Unfortunately, we had the civil war and that civil war, was wrongly viewed and perceived to be an Igbo coup. The man who led it was not an Igbo man. He was only Igbo in name. If you hear his accent, complete Northerner. I was born in the North, and I know. He had Northern troops.

Northern troops went to Sardauna’s house and hijacked him. The coup was popular, because all the Ministers were stealing money. But once they sat down and found out that the affected people seemed not to have come from the South-East, it changed. That is the source of the problem from which we haven’t come out. That led to the coup, counter-coups and Ojukwu saying that he would not respect Gowon, who in fact with Danjuma, took part in the killing of Ironsi.

These were all the problems. Then we had the Aburi Accord, which I think if we had respected it, we would have had no problem.

But immediately Gowon went back into

COVER/9

the aircraft and showed the document to his Permanent Secretaries, they said ‘what have you done?!’ you have lost Nigeria!’ But if you read the Aburi Accord, which I have re-read, that was Nigeria’s first restructure. It returned power to the regions, that the Federal Government had taken from the regions in the first place.

Then who lost the war? The Igbos. Whoever loses a war pays. I hope you know that Japan is still paying up till now? Germany is still very much affected. So, there is a psyche of defeat.

You don’t bring your vanquished to the table for a discussion and give him anything. Even as Gowon tried his 3Rs, Rehabilitation, Reconstruction and Reconciliation, defeated people are not on the table. It takes a lot of time.

I remember that Chief Awolowo had at the time, exchanged money, no matter how much money an Igbo person had, you were only given 20 Pounds in exchange. So, on the informal non- governmental side, the Igbos have done very well, by coming back. But on the government side, they haven’t, not out of any deliberate process of government, because they were out of it. All the policemen that were in the Nigeria Police Force, were asked to go. All the soldiers were asked to go. So that disparity manifested and carried on.

So, there was nobody who deliberately said ‘lets do affirmative action and allocate things to the South-East'. All the promises were just promises and were not carried through.

You are therefore, right to say that it didn’t start under Buhari. It has always been there.

The person who had a chance to correct it was Jonathan, because he was in bed with the SouthEast. But unfortunately, the South-East political leaders were charlatans. They went there with Jonathan, sat with him, enjoyed themselves and completely neglected the South-East. Whether it is Peter Obi, or Pius Anyim, all of them. So, nothing changed!

In fact, the people that I blame the most, are the South-East political leaders, from Ekwueme down. They have done absolutely nothing! So, today you have a President Buhari, who is not very broad in his vision and he doesn’t give a hoot. He is just disappointing people. He has exacerbated the problem. But Jonathan carries a lot of the blame, for failing to correct the problem of marginalisation.

The Yoruba Summit which held in Ibadan on September 7 issued a communiqué on what is acceptable to the South-West Region.

For example, return to regions, regional constitutions, revenue sharing formula 50 - 35 -15 to the States that own the resources, then 35 amongst the other States, and 15 to the Federal Government. What is your view about this? Do you support this, especially the issue of revenue sharing?

Yes I do. But you see there is nothing new about what the Yoruba Elders said at Ibadan. I was at the National Conference with many of them. They said all that we have been saying.

I am tired of talking. That is why I decided generally that, media discussions, television chats are all useless. Because everywhere you go, there is nobody that is listening. Civil society has not got the power it had, to create pressure.

So, yes what they said is right. But can it be implemented? That is why I go back to the issue of restructuring.

You have to look pragmatically at what is on the ground. The North has a completely different view about Nigeria, from the South.

The North likes big government. Because when they look around, they have no resources. So government appointment is their resource.

"THERE IS NOTHING SACROSANCT ABOUT NIGERIA’S SOVEREIGNTY! NOTHING! IF WE CANNOT STAY TOGETHER, THAT IS IT. I CANNOT FORCE MY WIFE TO BE MY WIFE,

BY PUTTING POLICEMEN AT THE GATE. WE HAVE TO SIT AND AGREE AND SHE WILL SAY, 'THESE ARE ALL YOU HAVE DONE TO ME'. AND I WILL SAY ‘HOW DO WE RESOLVE IT?"

So, if you turn around to shrink the government and power which they are holding, they will not listen. The first point is not for us to be talking to each other. At the Ohaneze Strategy Committee, I made a point and said ‘you see all of us sitting at this table, we know! But how do we sell it to the North?’ because, if the North doesn’t buy into it, no amount of resolutions passed by Igbo or Yoruba Elders will help.

The key challenge is to go to the North, and persuade them that there is a need to talk and we present our issues, and ask them ‘what do you think about it?’

Because, there are going to be two important questions which Bola Ige posed ‘since 1914, we haven’t done well. Why? Is it because we have not really sat down to agree?’ We were first amalgamated by the colonial powers, and then controlled by the military power. So, we can decide actually not to continue Nigeria.

The USSR which people thought would live forever, lasted only 60 years and it broke up.

But a lot of the independent countries, Croatia, Azerbaijan, Lithuania are doing very well! Russia is doing very well. People at that time thought no, no, no! That USSR is down and that is it! There is nothing sacrosanct about Nigeria’s sovereignty!

Nothing! If we cannot stay together, that is it. I cannot force my wife to be my wife, by putting policemen at the gate. We have to sit and agree and she will say, 'these are all you have done to me'. And I will say ‘How do we resolve it?’

Unfortunately, the Southern leaders, have got it all wrong by talking to each other. All the guys in Ibadan were Yoruba people and they know what they want. But what do the Northerners want? I would have liked to see a group of Yoruba leaders extend their hands of fellowship and say ‘lets dialogue on this question of Nigeria'.

In the South, we have spoken more than enough about restructure. In fact, we are sounding like a broken record, which is why I don’t like that word. The issue is, how do you persuade the North? Because it’s give and take.

What came out at the National Conference, was the difficulty of fiscal federalism, because of oil. So, eventually we had an agreement that created a sunset clause. The Niger-Delta people

had 13%, then it would go up to 15%, 18% and as its going, the powers are being devolved slowly.

Then after 25% there is a sunset and everything would have transferred to the regions.

We agreed to do that on solid minerals, bitumen and others. Nigeria has the second largest bitumen deposit in the world. Under the Ondo-Ekiti belt.

In Enugu-Benue, there is coal. But the coal is not used. When I was in school, coming from Jos to the East, the train would be pulled by a diesel engine up to a town called Ehamufun. It is the last town before you enter the East. They would remove the diesel engine and put a coal engine, because the East wanted to sell its coal.

So, you can see the competition. We can talk to the North, and see what they are willing to agree on. But if I am talking to you every day, nothing will happen!

You were a member of the 2014 Confab.

What were the main decisions of the Confab especially with regard to the agitations now?

In fact some people are saying that if the results of the Confab are implemented, Nigeria would be better. Do you believe that putting some of these resolutions into the Constitution, do you think it would make for a better Nigeria?

Yes. Because the Confab got off on a terribly difficult start. To the extent that, any resolution of one side put on the floor, would be defeated by the other side. So, Atedo Peterside came up with a business sense (because as a Banker for one, he managed difficult AGMs) to see how a business model can help the conference.

He said ‘Mr. Chairman look, the problem is that we can't make any progress. So I call for a recess, so you can pick 50 wise men to go and untie some of these difficult knotty issues which we cannot resolve in this marmot gathering. I was part of that process. There was shouting, murmuring and all that, but later, here and there, compromises, and we reached an agreement resolutions on devolution of powers, restructuring (if you like to use that word). The only issue which we couldn’t resolve, was whether to increase the zones from 6 to 8. Introduce a Midwest Zone of Edo and Delta and a Middlebelt Zone of Kogi, Benue and Kwara.

The second difficult issue was, who would be the constituent units of the Federation? Will it be the Regions or the States. But we felt that, these were small problems that could be tied up. We had confronted the more difficult issues.

If Jonathan was serious, I thought he was serious, because my daughter warned me. She said ‘Daddy, I see your name here, please don’t go.’ I said ok, what I will do as a compromise, is not to accept my allowance of N12m. Just Pastor Tunde Bakare and I declined. If you see the report of the conference, you’ll be blown away. Jonathan missed a golden opportunity, to have actualised it. I don’t know how much water has gone under the bridge now.

Can't the Report be revisited?

President Buhari said he is not going to look at it. So, these are the problems. If President Bihari can look at it, we can reconvene the conference and make progress.

The problem is simply that we cannot supervise policy across Nigeria. How do you expect Fashola to build all the bridges in 36 States? One man! So, all he is doing now is running like one ragged man all over the place, and he has done nothing.

Give it to the States, and if you don’t do your own, that is your problem. Then the Federal Government would have less to worry about.

Why should the Federal Government worry about building houses, or education?

I like how ASUU was challenged. Since we spend so much on you every year, and we can't pay you, the solution is to make you autonomous.

You’ll expect them to say yes. But they said no.

Even at the Conference, Labour refused to be devolved. If Labour is crying about restructuring, then let's start with them, but they said no. So, you can see how difficult this thing is. Why should there be only one National Labour Congress.

They refused.

Even the Nigerian Bar Association! When I advocated State Bars as NBA President, they almost stripped me. Because somebody is used to being called President of the Nigerian Bar Association, so that he can be everywhere.

Why should Federal Government regulate drivers licence? Registration of Business Names, Marriages, so that if you want to do a small business you have to go to Abuja to register it. It was in my time as NBA President, that Belgore CJN accepted my proposal on how to pay our practicing fees. Before then, you had to travel practically to Abuja to pay. So, I said, ‘why cant you pay in any bank?’ it was accepted and that made it easy. That issue of bar practicing fees was

CONTINUED ON PAGE 10

T H I S D AY TUESDAY OCTOBER 10, 2017

15

16

T H I S D AY TUESDAY OCTOBER 10, 2017

30

TUESDAY, OCTOBER 10, 2017 Ëž T H I S D AY

BUSINESS/MONEYGUIDE

Foreign Investors Identify Consumer Goods, Financial Services as Attractive Investment Sectors Obinna Chima The Nigerian economy is seemingly on the upturn and remains an attractive destination for foreign investors, seeking sustainable growth opportunities within the continent, according to findings by KPMG. The consumer goods, financial services, telecommunication, media and technology, oil and gas sectors accounts for about 80 per cent of recent inbound investments into the country, the professional services firm stated in its report entitled: “Doing Deals in Nigeria – Key Insights from Deal Makers.�

The report was the result of a survey of 50 senior business executives based outside of Nigeria, who had attempted, at least one, inbound acquisition in Nigeria in the last four years.

About 62 per cent of the respondents were from five countries - South Africa -accounting for the largest percentage (20 per cent); closely followed by United Kingdom (18 per cent) and United States (12 per cent).

Other notable countries with interest were France (six per cent) and Netherlands (six per cent). The survey showed that 62 per cent of the respondents surveyed, would consider an acquisition in Nigeria over the next two years, while 86 per

cent of respondents indicated that they would more likely invest in Nigeria again.

The report further noted that the key drivers for Nigerian acquisitions by foreign investors included the target’s customer base and domestic distribution channels and the opportunity for the investor to restructure the businesses to create further value.

The ability of global corporates and private equity firms to use Nigeria as a base for expansion across West Africa further raises the country’s investment destination profile.

The Partner and Africa Head, Deal Advisory and Private Equity, KPMG in Nigeria, Dapo Okubadejo said: “Our key objective in conducting the survey for this report was to hear first-hand from foreign investors. “The survey report shares the contributors’ unique insights and perspectives on their deal-making experiences in Nigeria, providing a direct credible feedback to potential investors on the true potential of Nigeria and what to expect in doing deals. “The report also identifies the key sectors, deal dynamics, leading practices and recognises challenges in doing deals in Nigeria.�

Despite the general positive tone to the report, respondents, however, noted some critical challenges to deal making in

Nigeria.

According to the report, key amongst the challenges to investing in Nigeria include: political trends (76 per cent); lack of information/transparency on the target companies (74 per cent), challenging compliance requirements (66 per cent) and the lack of physical infrastructure in the country (50 per cent). It noted that the lack of physical infrastructure in the country was the most important of all perceived challenges to investing in Nigeria. “This challenge further buttresses the attractiveness of companies with effective distribution channels and route-to-market infrastructure as acquisition targets,� it added.

The report also noted the leading practices for successful deals in Nigeria, top of which was the need to engage the right local advisers with the right relationships and understanding of cultural nuances, considering that about 70 per cent of the deals are with privately-owned businesses with bilateral ‘off-market’ negotiations.

Speaking on the implications of the survey findings, Okubadejo said, “We sincerely hope that the findings in this report will contribute to Nigeria’s policy direction, with regards to foreign investments.�

Again, CBN Injects $195m into Forex Market The Central Bank of Nigeria (CBN) yesterday continued its intervention in the interbank foreign exchange (forex) market with the injection of $195 million.

Figures released by the central bank showed that it offered the total sum of $100 million to the wholesale segment, while the small and medium scale enterprises (SMEs) segment received the sum of $50 million.

The invisibles segment, comprising tuition fees, medical

payments and Basic Travel Allowance (BTA), among others, received $45 million.

Confirming the figures, the bank’s Acting Director, Corporate Communications Department, Mr. Isaac Okorafor, said the injection was in line with the CBN’s pledge of making the Forex market liquid.

Okorafor reiterated that the bank remained determined to achieve its objective of rates convergence, hence the

consistent intervention in the foreign exchange market.

He urged banks to only honour requests from customers with genuine needs, noting that the Bank does not intend to falter in its pledge to ensure liquidity in the forex market.

Meanwhile, the naira continued to maintain its stability in the forex market, exchanging at an average of N363/$1 in the Bureau De Change (BDC) segment of the market on Monday, October 9, 2017.

Auditors Urged to Embrace Compliance Internal auditors are critical stakeholders needed by organisations to realise their set goals and sustainable growth, the Managing Director/CEO Coronation Merchant Bank Limited, Abubakar Jimoh has said.

Speaking at the 37th Quarterly Meeting of the Association of Chief Audit Executives of Banks in Nigeria (ACAEBIN) held in Lagos recently, Jimoh, who spoke on the theme: “Internal Audit: Defence, Advisory and Consulting,� said companies that focus on excellence always ensure that their Internal Audit Departments maintain global standards in process and resource considerations.

He cited the Institute of Internal Auditors (IIA) position that internal auditing as an independent, objective assurance and consulting activity meant to add value and improve an organisation’s operations.

He added that the internal

auditing brings systematic, disciplined approach to evaluation and improvement in the effectiveness of risk management, control, and governance processes. “This definition of internal audit provides comprehensive guidelines for the framework of internal audit and should be a critical reference point in formulating the complete internal audit approach. “The internal audit activity must be free from interference by any influence that hinders the progress of work, including matters of audit selection, scope, procedures, frequency, timing, or report content to permit maintenance of a necessary independent and objective mental attitude,� Jimoh, who was represented by the bank’s Executive Director, Enterprise Mrs. Onome Komolafe said.

Continuing, he said internal auditors must exhibit the highest level of professional objectivity in gathering,

evaluating, and communicating information about the activity or process being examined.

Internal auditors must make a balanced assessment of all the relevant circumstances and not be unduly influenced by their own interests or by others in forming judgments.

Also speaking, ACAEBIN Chairman, Abiodun Aderoju, commended Coronation Merchant Bank Limited, which hosted.

He disclosed that ACAEBIN formerly known as Committee of Chief Inspectors of Banks and Discount Houses in Nigeria (CCIBN) has been in existence for over 20 years and has been promoting interaction among CAEs. “It also seeks to promote competence, ethical standard and professional behaviour amongst member organisations, while also building a common front in the fight against fraud in the industry,� he said.

President Muhammadu Buhari

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)

26,970,297.97

---- 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‹

MANAGED FUNDS Month

December 2016

Inter-Bank Call Rate

10.39

Minimum Rediscount Rate (MRR) 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 ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY OCTOBER 6, 2017 The price of OPEC basket of fourteen crudes stood at $54.47 a barrel on Friday, compared with $54.62 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

SOURCE: OPEC headquarters, Vienna

31

TUESDAY, OCTOBER 10, 2017 ˾ T H I S D AY

MARKET NEWS

Flour Mills Renews Plans to Raise Capital, Targets N70bn Goddy Egene Flour Mills of Nigeria (FMN) Plc yesterday said it would commence process of raising additional capital through Rights Issue and Medium Term Notes(MTN).

Following the high bank charges FMN was paying on borrowings, which drove costs of finance upwards for many years,

shareholders of the company, in 2015 authorised the directors to raise up to N40billion of additional equity via a Rights Issue.

However, the directors in July 2016 put the right issue on hold and planned to later raise the funds in three tranches. According to the directors, given the economic headwinds, they decided to undertake the Rights Issue through a Shelf programme

T H E MAIN BOARD Activity Summary on Board DEBT Federal Bond Name 15.54% FGN FEB 2020 16.00% FGN JUN 2019 Federal Totals DEBT Board Totals Bond Activity Totals Daily Summary (Equities) Activity Summary on Board EQTY AGRICULTURE Crop Production OKOMU OIL PALM PLC. PRESCO PLC Crop Production Totals Livestock/Animal Specialties LIVESTOCK FEEDS PLC. Livestock/Animal Specialties Totals AGRICULTURE Totals CONGLOMERATES Diversified Industries A.G. LEVENTIS NIGERIA PLC. JOHN HOLT PLC. S C O A NIG. PLC. TRANSNATIONAL CORPORATION OF NIGERIA PLC U A C N PLC. Diversified Industries Totals CONGLOMERATES Totals CONSTRUCTION/REAL ESTATE Building Construction ARBICO PLC. Building Construction Totals Infrastructure/Heavy Construction JULIUS BERGER NIG. PLC. Infrastructure/Heavy Construction Totals Real Estate Development UACN PROPERTY DEVELOPMENT CO. LIMITED Real Estate Development Totals CONSTRUCTION/REAL ESTATE Totals CONSUMER GOODS Automobiles/Auto Parts DN TYRE & RUBBER PLC Automobiles/Auto Parts Totals Beverages--Brewers/Distillers CHAMPION BREW. PLC. GUINNESS NIG PLC INTERNATIONAL BREWERIES PLC. NIGERIAN BREW. PLC. Beverages--Brewers/Distillers Totals Beverages--Non-Alcoholic 7-UP BOTTLING COMP. PLC. Beverages--Non-Alcoholic Totals Food Products DANGOTE FLOUR MILLS PLC DANGOTE SUGAR REFINERY PLC FLOUR MILLS NIG. PLC. HONEYWELL FLOUR MILL PLC NASCON ALLIED INDUSTRIES PLC Food Products Totals Food Products--Diversified CADBURY NIGERIA PLC. NESTLE NIGERIA PLC. Food Products--Diversified Totals Household Durables VITAFOAM NIG PLC. Household Durables Totals Personal/Household Products P Z CUSSONS NIGERIA PLC. UNILEVER NIGERIA PLC. Personal/Household Products Totals CONSUMER GOODS Totals FINANCIAL SERVICES Banking ACCESS BANK PLC. DIAMOND BANK PLC ECOBANK TRANSNATIONAL INCORPORATED FIDELITY BANK PLC GUARANTY TRUST BANK PLC. JAIZ BANK PLC STERLING BANK PLC. UNITED BANK FOR AFRICA PLC UNION BANK NIG.PLC. UNITY BANK PLC WEMA BANK PLC. Banking Totals Insurance Carriers, Brokers and Services AIICO INSURANCE PLC. CONTINENTAL REINSURANCE PLC CORNERSTONE INSURANCE COMPANY PLC. AXAMANSARD INSURANCE PLC N.E.M INSURANCE CO (NIG) PLC. NIGER INSURANCE CO. PLC. STANDARD TRUST ASSURANCE PLC STANDARD ALLIANCE INSURANCE PLC. UNITY KAPITAL ASSURANCE PLC UNIVERSAL INSURANCE COMPANY PLC WAPIC INSURANCE PLC Insurance Carriers, Brokers and Services Totals Micro-Finance Banks FORTIS MICROFINANCE BANK PLC NPF MICROFINANCE BANK PLC Micro-Finance Banks Totals Mortgage Carriers, Brokers and Services INFINITY TRUST MORTGAGE BANK PLC Mortgage Carriers, Brokers and Services Totals Other Financial Institutions AFRICA PRUDENTIAL REGISTRARS PLC CUSTODIAN AND ALLIED PLC DEAP CAPITAL MANAGEMENT & TRUST PLC FCMB GROUP PLC. STANBIC IBTC HOLDINGS PLC UNITED CAPITAL PLC Other Financial Institutions Totals

DEALS

MARKET PRICE

(a situation whereby securities are sold over a period of time) to enable the company raise the required funds in several transactions over three year period. The directors said they have already registered a N40 billion Shelf Programme with the Securities and Exchange Commission (SEC), adding that they would continue to assess the economic climate to determine

N I G E R I A N QUANTITY TRADED

VALUE TRADED ( N )

No. of Deals 1 1 2 2 2

Current Price 98.7 135

Quantity Traded 105 100 205 205 205

Value Traded 103,815.41 137,197.80 241,013.21 241,013.21 241,013.21

No. of Deals 11 4 15 No. of Deals 5 5 20

Current Price 44.18 46

Quantity Traded 41,208 5,201 46,409 Quantity Traded 153,470 153,470 199,879

Value Traded 1,887,024.20 240,161.40 2,127,185.60 Value Traded 119,266.60 119,266.60 2,246,452.20

Current Price 0.78

No. of Deals 1 1 4 56 48 110 110

Current Price 0.78 0.66 3.77 0.78 15.1

Quantity Traded 100 500 10,000 4,840,952 350,363 5,201,915 5,201,915

Value Traded 78 315 35,900.00 3,807,735.66 5,054,510.34 8,898,539.00 8,898,539.00

No. of Deals 1 1 No. of Deals 5 5 No. of Deals 65 65 71

Current Price 4.79

Quantity Traded 200 200 Quantity Traded 10,272 10,272 Quantity Traded 1,656,711 1,656,711 1,667,183

Value Traded 958 958 Value Traded 375,647.04 375,647.04 Value Traded 3,493,667.49 3,493,667.49 3,870,272.53

No. of Deals 1 1 No. of Deals 3 64 7 208 282 No. of Deals 18 18 No. of Deals 33 22 32 15 11 113 No. of Deals 25 98 123 No. of Deals 14 14 No. of Deals 26 17 43 594

Current Price 0.5

Quantity Traded 100,000 100,000 Quantity Traded 5,160 288,915 51,123 1,386,914 1,732,112 Quantity Traded 6,947 6,947 Quantity Traded 616,050 345,909 84,482 1,028,600 117,500 2,192,541 Quantity Traded 136,880 133,592 270,472 Quantity Traded 140,811 140,811 Quantity Traded 203,505 43,451 246,956 4,689,839

Value Traded 50,000.00 50,000.00 Value Traded 11,558.40 17,613,098.61 801,955.76 156,078,414.27 174,505,027.04 Value Traded 675,390.11 675,390.11 Value Traded 2,410,595.00 2,125,832.90 1,491,827.07 1,128,310.00 833,010.00 7,989,574.97 Value Traded 1,172,206.13 79,110,103.35 80,282,309.48 Value Traded 289,850.97 289,850.97 Value Traded 2,596,373.80 1,424,799.57 4,021,173.37 267,813,325.94

Quantity Traded 11,476,994 1,149,393 58,189 8,142,068 20,039,315 1,081,695 25,994,229 5,772,233 251,225 350 800 73,966,491 Quantity Traded 214,682 503,100 200 3,000 44,144 900 5,100 1,000 401,000 1,000 384 1,174,510 Quantity Traded 1,000 25,100 26,100 Quantity Traded 1,000 1,000 Quantity Traded 450,576 325,400 1,000 3,530,043 12,830 8,474,959 12,794,808

Value Traded 76,018,367.81 990,711.98 560,377.50 6,806,919.19 477,105,071.95 1,417,729.20 18,222,090.30 27,705,413.04 1,185,050.41 276.5 408 610,012,415.88 Value Traded 126,611.20 530,295.00 100 4,770.00 36,196.64 450 2,550.00 500 200,500.00 500 192 902,664.84 Value Traded 2,700.00 27,111.00 29,811.00 Value Traded 1,440.00 1,440.00 Value Traded 1,399,304.19 1,084,759.00 500 4,689,332.14 211,696.60 31,174,405.94 38,559,997.87

No. of Deals 167 26 27 69 219 24 1,530 73 33 1 1 2,170 No. of Deals 9 6 2 2 5 1 2 1 2 1 2 33 No. of Deals 1 2 3 No. of Deals 1 1 No. of Deals 31 16 1 68 6 132 254

Current Price 34.83 Current Price 2.12

Current Price 2.35 60.92 16.15 117.5 Current Price 106.5 Current Price 4.1 6.1 18 1.1 7.03 Current Price 9 600 Current Price 2.08 Current Price 12.16 34

Current Price 6.6 0.86 9.8 0.84 23.8 1.31 0.7 4.8 4.9 0.83 0.5 Current Price 0.59 1.05 0.5 1.59 0.79 0.5 0.5 0.5 0.5 0.5 0.5 Current Price 2.58 1.08 Current Price 1.47 Current Price 3.05 3.32 0.5 1.31 17 3.7

the most appropriate time to launch the first tranche.

However, in a notification to the Nigerian Stock Exchange (NSE), yesterday, FMN said it would commence with the activities to raise the funds through the Rights Issue and MTN. According to the company, plans are now in progress towards the possibility of commencing with the first tranche of through

STO C K

the Rights Issue. However, the company said the exact amount to be raised in the first tranche would be confirmed in due course.

Additionally, the company has also revealed plans to raise up to N70 billion through MTN. The company affirmed that it has commenced discussions with stakeholders such as financial advisers, legal advisers and

issuing houses to determine the right time and cost for issuing such financial instruments which will eventually be duly registered with proper financial bodies.

Meanwhile, NSE All-Share Index climbed 1.41 per cent on Monday to hit a six-week high at 36,831.93 after its biggest listed firm Dangote Cement and some consumer goods companies gained.

E XC H A N G E

MAIN BOARD FINANCIAL SERVICES Totals HEALTHCARE Healthcare Providers UNION DIAGNOSTIC & CLINICAL SERVICES PLC Healthcare Providers Totals Pharmaceuticals FIDSON HEALTHCARE PLC GLAXO SMITHKLINE CONSUMER NIG. PLC. MAY & BAKER NIGERIA PLC. NEIMETH INTERNATIONAL PHARMACEUTICALS PLC PHARMA-DEKO PLC. Pharmaceuticals Totals HEALTHCARE Totals ICT IT Services TRIPPLE GEE AND COMPANY PLC. IT Services Totals Processing Systems CHAMS PLC Processing Systems Totals ICT Totals INDUSTRIAL GOODS Building Materials ASHAKA CEM PLC BERGER PAINTS PLC CAP PLC CEMENT CO. OF NORTH.NIG. PLC MEYER PLC. LAFARGE AFRICA PLC. Building Materials Totals Electronic and Electrical Products CUTIX PLC. Electronic and Electrical Products Totals Packaging/Containers BETA GLASS PLC. GREIF NIGERIA PLC Packaging/Containers Totals INDUSTRIAL GOODS Totals NATURAL RESOURCES Metals ALUMINIUM EXTRUSION IND. PLC. Metals Totals NATURAL RESOURCES Totals OIL AND GAS Energy Equipment and Services JAPAUL OIL & MARITIME SERVICES PLC Energy Equipment and Services Totals Integrated Oil and Gas Services OANDO PLC Integrated Oil and Gas Services Totals Petroleum and Petroleum Products Distributors CONOIL PLC ETERNA PLC. FORTE OIL PLC. MOBIL OIL NIG PLC. MRS OIL NIGERIA PLC. TOTAL NIGERIA PLC. Petroleum and Petroleum Products Distributors Totals Exploration and Production SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD Exploration and Production Totals OIL AND GAS Totals SERVICES Advertising AFROMEDIA PLC Advertising Totals Courier/Freight/Delivery RED STAR EXPRESS PLC TRANS-NATIONWIDE EXPRESS PLC. Courier/Freight/Delivery Totals Hotels/Lodging TOURIST COMPANY OF NIGERIA PLC. TRANSCORP HOTELS PLC Hotels/Lodging Totals Printing/Publishing LEARN AFRICA PLC STUDIO PRESS (NIG) PLC. Printing/Publishing Totals Transport-Related Services NEWREST ASL NIGERIA PLC NIGERIAN AVIATION HANDLING COMPANY PLC Transport-Related Services Totals Support and Logistics CAVERTON OFFSHORE SUPPORT GRP PLC C & I LEASING PLC. Support and Logistics Totals SERVICES Totals EQTY Board Totals Daily Summary (Equities) Activity Summary on Board ASeM FINANCIAL SERVICES Mortgage Carriers, Brokers and Services OMOLUABI MORTGAGE BANK PLC Mortgage Carriers, Brokers and Services Totals FINANCIAL SERVICES Totals ASeM Board Totals Daily Summary (Equities) Activity Summary on Board PREMIUM FINANCIAL SERVICES Banking ZENITH INTERNATIONAL BANK PLC Banking Totals Other Financial Institutions FBN HOLDINGS PLC Other Financial Institutions Totals FINANCIAL SERVICES Totals INDUSTRIAL GOODS Building Materials DANGOTE CEMENT PLC Building Materials Totals INDUSTRIAL GOODS Totals PREMIUM Board Totals Equity Activity Totals

DEALS

MARKET PRICE

2,461 No. of Deals 1 1 No. of Deals 13 12 4 6 2 37 38

Current Price 0.5 Current Price 1.01 14.75 1 0.66 1.95

No. of Deals 1 1 No. of Deals 1 1 2

Current Price 1.3

No. of Deals 7 2 7 11 1 20 48 No. of Deals 15 15 No. of Deals 3 1 4 67

Current Price 11.25 6.08 29.6 4.28 0.87 42

Current Price 0.5

Current Price 1.45 Current Price 36.45 9.69

QUANTITY TRADED

VALUE TRADED ( N)

87,962,909

649,506,329.59

Quantity Traded 738,000 738,000 Quantity Traded 5,177,490 110,135 5,015 11,000 900 5,304,540 6,042,540

Value Traded 369,000.00 369,000.00 Value Traded 5,178,570.00 1,551,318.88 4,770.10 7,063.20 1,836.00 6,743,558.18 7,112,558.18

Quantity Traded 2,438 2,438 Quantity Traded 100,000 100,000 102,438

Value Traded 3,023.12 3,023.12 Value Traded 50,000.00 50,000.00 53,023.12

Quantity Traded 11,405 2,997 1,215,127 141,429 300 23,390 1,394,648 Quantity Traded 792,168 792,168 Quantity Traded 70,030 100 70,130 2,256,946

Value Traded 130,100.00 17,322.66 35,970,022.30 604,431.24 249 987,177.40 37,709,302.60 Value Traded 1,142,840.30 1,142,840.30 Value Traded 2,552,593.50 1,016.00 2,553,609.50 41,405,752.40

No. of Deals 1 1 1

Current Price 9.75

Quantity Traded 2,000 2,000 2,000

Value Traded 18,540.00 18,540.00 18,540.00

No. of Deals 2 2 No. of Deals 76 76 No. of Deals 16 20 229 20 1 16 302 No. of Deals 2 2 382

Current Price 0.5

Quantity Traded 18,000 18,000 Quantity Traded 1,722,434 1,722,434 Quantity Traded 35,100 284,436 905,220 12,017 100 8,826 1,245,699 Quantity Traded 5,150 5,150 2,991,283

Value Traded 9,000.00 9,000.00 Value Traded 8,234,046.51 8,234,046.51 Value Traded 1,190,988.64 886,497.72 56,399,639.77 3,215,511.70 3,708.00 2,400,901.12 64,097,246.95 Value Traded 2,045,501.50 2,045,501.50 74,385,794.96

Quantity Traded 55,000 55,000 Quantity Traded 575 29,090 29,665 Quantity Traded 1,000 13,000 14,000 Quantity Traded 500 1,000 1,500 Quantity Traded 101,050 46,801 147,851 Quantity Traded 274,973 1,000 275,973 523,989 111,640,921

Value Traded 27,500.00 27,500.00 Value Traded 2,645.75 26,607.80 29,253.55 Value Traded 3,550.00 61,623.60 65,173.60 Value Traded 355 2,190.00 2,545.00 Value Traded 275,866.50 114,662.45 390,528.95 Value Traded 242,233.86 500 242,733.86 757,734.96 1,056,068,322.88

No. of Deals 1 1 No. of Deals 2 3 5 No. of Deals 1 3 4 No. of Deals 1 1 2 No. of Deals 7 6 13 No. of Deals 14 1 15 40 3,786

Current Price 4.71 Current Price 35.49 3.24 62.5 275.99 39.03 270 Current Price 380

Current Price 0.5 Current Price 4.4 0.91 Current Price 3.65 4.98 Current Price 0.68 2.19 Current Price 2.73 2.57 Current Price 0.9 0.5

No. of Deals 1 1 1 1

Current Price 0.9

Quantity Traded 100,000 100,000 100,000 100,000

Value Traded 90,000.00 90,000.00 90,000.00 90,000.00

No. of Deals 279 279 No. of Deals 140 140 419

Current Price 15.01

Quantity Traded 48,467,690 48,467,690 Quantity Traded 1,684,690 1,684,690 50,152,380

Value Traded 727,624,234.12 727,624,234.12 Value Traded 5,345,599.68 5,345,599.68 732,969,833.80

No. of Deals 10 10 10 429 4,216

Current Price 169

Quantity Traded 45,766 45,766 45,766 50,198,146 161,939,067

Value Traded 7,736,239.30 7,736,239.30 7,736,239.30 740,706,073.10 1,796,864,395.98

Current Price 3.2

32

˾ TUESDAY, OCTOBER 10, 2017

MARKET NEWS

Coronation Asset Management Lists N2.17bn Mutual Funds on NSE Goddy Egene

that invested per unit, offered all categories of subscribers investors, three viable options N315.205 million, while and Coronation Asset Management in line with domestic economic Coronation Balanced Fund Limited, a subsidiary of and financial market conditions, recorded 64 subscribers that Coronation Merchant Bank an opportunity to diversify their staked N198.615 million.

Speaking on the funds, a Limited, yesterday listed three investment portfolios while mutual funds on the Nigerian relying on the experience and Director in Coronation Asset Aigbovbioise Stock Exchange (NSE) for trading performance track record of the Management, and accessibility by retail and Coronation brand to ensure their Aig-Imoukhuede, said: “These investments attain its required funds will guarantee investors’ institutional investors. competitive yields as the The three funds are: financial outcome.

At the end of the offers, 479 business has put together a Coronation Money Market Fund, Coronation Fixed Income Fund subscribers pooled N1.654 billion strong investment management and Coronation Balanced Fund. through the Coronation Money team who will be guided by an The funds, which opened from Market Fund. The Coronation investment committee with over July 10 and 28, 2017 at N1.00 Fixed Income attracted 39 50 years combined experience A Mutual fund (Unit Trust) is an investment floor of the Nigerian Stock Exchange. vehicle managed by a SEC (Securities and A REIT (Real Estate Investment Trust) is an Exchange Commission) registered Fund Manager. investment vehicle that allows both small and Investors with similar objectives buy units of the large investors to part-own real estate ventures (eg.

Fund so that the Fund Manager can buy securities Offices, Houses, Hospitals) in proportion to their that willl generate their desired return. investments. The assets are divided into shares that An ETF (Exchange Traded Fund) is a type are traded on the Nigerian Stock Exchange. of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, GUIDE TO DATA: etc.) and divides ownership of those assets into Date: All fund prices are quoted in Naira as at 06shares. Investors can buy these ‘shares’ on the Oct-2017, unless otherwise stated.

to ensure the funds deliver on described the funds listing as “yet another milestone in the the expectations of investors.”

He explained that history of our company and “while the Coronation Money validation of our expertise in Market Fund offer investors asset management.”

“By listing the N2.168 the opportunity to maximize return on their liquid savings, billion raised from the three the Coronation Fixed Income and funds on the stock exchange, Balanced Funds provide the best we are demonstrating to our opportunity to realise medium investors that we are determined to long term investment goals. and committed to offer better Also speaking, the prospects on their investments Chairman of Coronation Asset across all market conditions,” Management and Managing he declared.

According to him, the target is Director, Coronation Merchant Bank Group, Abubakar Jimoh, to increase value of the funds by 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.

ensuring that there is activity in the funds.

He said the funds are the major listings of an asset management company that just started less than a year ago.

“We got the Securities and Exchange Commission (SEC)’s approval for asset management in November 2016. Within the first year, we have listed three funds and they are funds that are very useful to the retail investors.

There are other exotic products that we will bring to the market,” Jimoh said.

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 177.44 178.28 39.77% Nigeria International Debt Fund 233.05 234.02 10.23% 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 14.28% ACAP Income Funds 0.63 0.63 79.62% 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 18.58% 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 17.28 17.80 39.93% ARM Discovery Fund 364.54 375.53 26.94% ARM Ethical Fund 25.70 26.47 15.03% ARM Money Market Fund 1.00 1.00 18.11% 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 142.71 141.71 34.73% AXA Mansard Money Market Fund 1.00 1.00 18.00% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 19.04% Paramount Equity Fund 11.57 11.87 23.63% Women's Investment Fund 94.94 97.47 12.28% 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 19.70% 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 1,085.13 1,091.49 7.53% FBN Heritage Fund 144.48 145.70 29.59% FBN Money Market Fund 100.00 100.00 17.82% FBN Nigeria Eurobond (USD) Fund - Institutional $112.20 $113.26 9.11% FBN Nigeria Eurobond (USD) Fund - Retail $111.52 $112.58 9.20% FBN Nigeria Smart Beta Equity Fund 153.57 155.81 36.40% 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 1.37 1.39 46.81% Legacy Short Maturity (NGN) Fund 2.90 2.90 12.68% 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 2,841.20 2,879.60 29.20% Coral Income Fund 2,377.60 2,377.60 14.10% 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 18.85% 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 18.24% Vantage Balanced Fund 2.07 2.10 23.30% Vantage Guaranteed Income Fund 1.00 1.00 18.48% Kedari Investment Fund (KIF) 110.95 110.95 14.35%

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 1.14 1.16 14.98% Lotus Halal Fixed Income Fund 1,046.84 1,046.84 8.84% 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 13.01 13.12 34.62% Meristem Money Market Fund 10.00 10.00 18.96% 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 1.19 1.21 19.51% PACAM Fixed Income Fund 10.83 10.87 4.13% PACAM Money Market Fund 10.00 10.00 13.95% 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 125.22 127.50 23.60% 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 1.39 1.39 11.34% 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 2,187.89 2,201.06 19.50% Stanbic IBTC Bond Fund 168.82 168.82 9.65% Stanbic IBTC Ethical Fund 0.97 0.99 27.27% Stanbic IBTC Guaranteed Investment Fund 211.70 211.70 13.28% Stanbic IBTC Iman Fund 170.25 172.46 31.14% Stanbic IBTC Money Market Fund 100.00 100.00 18.20% Stanbic IBTC Nigerian Equity Fund 9,480.60 9,590.42 25.02% Stanbic IBTC Dollar Fund (USD) 1.04 1.04 4.00% 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 1.32 1.33 18.01% United Capital Bond Fund 1.45 1.45 18.69% United Capital Equity Fund 0.85 0.87 26.90% United Capital Money Market Fund 1.00 1.00 18.50% 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 12.47 12.66 26.98% Zenith Ethical Fund 13.09 13.23 18.63% Zenith Income Fund 18.58 18.58 12.16%

REITS NAV Per Share

Yield / T-Rtn

11.41 131.15

1.01% 5.79%

Bid Price

Offer Price

Yield / T-Rtn

10.70 135.26 105.61

10.80 138.19 107.59

24.01% 36.73% 39.36%

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

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 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

4.42 8.92 16.72 19.97 138.48

4.46 9.00 16.82 20.17 140.48

59.64% 26.73% 41.35% 25.05% 9.25%

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.

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

Spain Catalonia: France Snubs Independence Bid The French government has said it will not recognise Catalonia if

it declares independence from Spain and such a move will

Theresa May Sets Out Proposals for New Deal with the EU Theresa May has called for a “unique and ambitious economic partnership” with the EU after Brexit.

The prime minister told MPs “progress will not always be smooth” but the UK can “prove the doomsayers wrong”.

Following her Florence speech in which she gave assurances on payments to the EU and citizens’ rights, she said “the ball is in their court”.

But Labour leader Jeremy Corbyn said “no real progress has been made” in the 15 months since the referendum.

“The question has to be asked what on earth has the government been doing all this time?” added Mr Corbyn, suggesting the cabinet had spent the time “squabbling”.

In her first address to parliament since last month’s speech in Italy, in which she said the UK would honour its financial obligations to the EU budget, Mrs May described the government’s ambition for a “new, deep and special partnership between a sovereign United Kingdom and a strong and successful European Union”.

“Achieving that partnership will require leadership and flexibility, not

just from us but from our friends, the 27 nations of the EU,” she said.

“And as we look forward to the next stage, the ball is in their court. But I am optimistic we will receive a positive response.”

‘All eventualities’ She rejected existing models for economic cooperation, such as membership of the European Economic Area or the Canadian model, calling instead for a “creative” solution that would be “unique” to the UK. But she said the UK was “preparing for all eventualities” - a reference to the prospect of leaving the EU with no deal.

On Northern Ireland, she said: “We have now begun drafting joint principles on preserving the Common Travel Area, and associated rights and we have both stated explicitly we will not accept any physical infrastructure at the border.

“We owe it to the people of Northern Ireland and indeed to everyone on the island of Ireland to get this right.”

Two White Papers will be published after the PM’s statement, covering future trade and customs options.

mean expulsion from the EU. European Affairs Minister Nathalie Loiseau said the crisis following the banned 1 October referendum had to be resolved through dialogue within Spain.

Catalan President Carles Puigdemont is expected to

address the regional parliament on Tuesday. There has been no sign of a compromise being struck with Madrid.

Economic pressure on the pro-independence camp is rising with three more companies expected to discuss moving

their offices out of Catalonia on Monday, sources told Reuters news agency.

These are infrastructure firm Abertis, telecoms company Cellnex and property group Inmobiliaria Colonial.

Major lenders Caixabank

and Sabadell announced earlier that they were moving their offices out of the region.

The region of Catalonia, home to 7.5 million people in the north-east, is crucial to Spain, which is the EU’s fifth-biggest economy and a member of Nato.

US’s Thaler Wins Nobel for ‘Making Economics More Human’ US economist Richard Thaler won the Nobel Economics prize on Monday for showing that economic and financial decisionmakers are not always rational, but mostly deeply human.

Bridging the gap between economics and psychology, Thaler’s research focuses on behavioural economics which explores the impact of psychological and social factors on decisions by individuals or groups in the economy and financial markets.

“He’s made economics more human,” the Nobel jury said, calling Thaler “a pioneer” on integrating economics and psychology.

Thaler is well-known for co-founding the “nudge” theory, which demonstrates how people can be persuaded to make decisions that leave them healthier and happier.

“By exploring the consequences of limited rationality, social preferences, and lack of self-control, he has shown how these human traits systematically affect individual decisions as well as market outcomes,” the jury’s statement said.

In ‘The Big Short’ with Gosling “His empirical findings and theoretical insights have been instrumental in creating the new and rapidly expanding field of behavioural economics, which has had a profound impact on many areas of economic research and policy.”

He has advised several governments, including in Denmark and France, and former British prime minister David Cameron set up a team in 2010 nicknamed the “nudge unit” to reshape a swath of policies to gently prod Britons to make the right decisions to make them healthier and happier.

His work even earned him a glamorous foray into the movie business when he made a cameo appearance, alongside Christian Bale, Steve Carell and Ryan Gosling, in the 2015 movie “The Big Short” about the credit and housing bubble collapse that led to the 2008 global financial crisis.

Thaler told the Nobel committee by teleconference he was “pleased” by the award.

“I no longer will have to call my colleague Eugene Fama ‘Professor Fama’ on the golf course,” he joked, referring to his University of Chicago colleague who won the prize in 2013.

“I think the most important recognition is that economic agents are human, and economic models have to incorporate that,” he said.

The 72-year-old takes home the nine million kronor (944,000 euros, $1.1 million) prize sum, which he

jokingly said he would “try to spend as irrationally as possible”.

‘Nudge unit’ Thaler is a professor at the University of Chicago -- a school popular with the Nobel economics committee. Of 79 laureates so far, more than a third have been affiliated with the university’s school of economics.

One of the founders of behavioural finance, which studies how cognitive limitations influence financial markets, Thaler developed a model for explaining how people tend to focus on the narrow impact rather than the overall effect of each decision they make, which is called limited rationality.

This includes the study of how people’s loathing of losses can explain why they value the same things more when they own them as opposed to when they don’t, which is called the endowment effect

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NEWS

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

Low Implementation of Capital Budget Ruffles Lawmakers Restoring fiscal year to Jan-Dec may affect turn-over rate for N’Assembly Damilola Oyedele in Abuja The low implementation of the capital component of the 2017 N7.441 trillion by the federal government is currently causing major unease among federal lawmakers amid fears that it may affect their bid for re-election into the National Assembly in the 2019 polls.

The constituency projects, also called zonal intervention projects, are contained in the N2.1 trillion capital component of the 2017 budget, out of which only N440 billion has been released.

The low release of funds has ensured that only high priority capital projects are currently receiving the attention of the government, causing a complete neglect of the constituency projects for which N100 billion was appropriated.

THISDAY gathered that the executive has not released a kobo for any item listed under the constituency projects, even though some of the items have been listed in procurement adverts by several Ministries, Departments and Agencies (MDAs) of government.

The lawmakers are further ruffled by the recent push of the executive arm of government to restore the fiscal year from January to December to allow for an organic budget calendar, as this may further affect the performance of the 2017 budget.

While they generally accept

that a predictable budget calendar ensures better economic planning particularly for the organised private sector which is dependent on public spending, the lawmakers fear that the proposal to roll over up to 60 per cent of capital projects would further affect the constituency projects.

At a recent hearing by the Senate on the performance of the 2017 budget, the Minister of Budget and National Planning, Senator Udo Udoma had told the Senate Joint Committee on Appropriations and Finance that MDAs have been instructed to roll over most of their capital projects, to the 2018 budget.

THISDAY gathered that the lawmakers are highly concerned about the impact this would have on their re-election bid in the 2019 general elections.

A highly placed source speaking with THISDAY said the decision to isolate the constituency project items under the N100 billion Zonal Intervention Funds, in a separate section from the statutory budget of the MDAs, was deliberate.

“Even if this has happened before now, the executive deliberately did it this time around because for them it is not priority. Despite any detente, the executive still considers the constituency projects a ploy to make money by the lawmakers.

Remember the tensions caused by the constituency issue last year, at some point House members even said they would not entertain any request from the executive, until ZIFs (Zonal Intervention Funds)

are released,” the source explain.

“2018 is just a few months away, and that is campaign year. 2019 is just the election year. If the projects are not done, it would affect the lawmakers. Many have promised their constituents that they would implement certain projects, and when such is not on ground during campaigns, they would not be able to point to what they have done, and why they should be re-elected,” the source said.

“The 2016 capital budget, N1.7 trillion was not fully implemented.

Also, just about 80 per cent of the 2016 ZIF was released after intense negotiations. Obviously lawmakers who could not finish their constituency projects from that budget, would be relying on the current budget, and must have assured their people. Now no funds are being released under the 2017 budget, and it is obviously not a priority to the executive,” the source explained further.

The source disclosed that about 50 per cent of the ZIF could be released, but added that it would be hard for the lawmakers to get

anymore than that in the current budget.

“It is not for nothing that the executive repeatedly says it is concentrating on priority projects, and these priority projects are in all the zones anyway,” the source said.

Lawmakers from the Senate and the House of Representatives who spoke with THISDAY off record expressed their displeasure at the development.

“We are the closest to our people, hence these projects. We promised our people, if we do not fulfill our promises, why would they re-elect us? Our constituents just want to see the boreholes, the primary health care centres, among others they would not understand the struggle here,” a lawmaker said.

Another lawmaker said it would be unfair to expect them to use their personal allowances for the constituency projects.

“Even our salaries are being delayed under this dispensation, and we get nothing extra. We cannot expend that on our constituencies. Admittedly, some of

our colleagues use their personal funds for some things back home, particularly in places where the competition is stiffer. If you want to return, you cannot wait until the ZIF is released before fulfilling some of the promises to the constituents,” he said.

A House member further told THISDAY that the hearing at the Senate was ‘closely monitored’ by the members of the green chambers who were happy with the resolutions.

“The resolution cautioned against selective implementation of the capital budget, which is where our projects are. That is our way of demanding of the implementation of the ZIF items” he said.

Reacting to the development, the Deputy Spokesman of the Senate, Senator Ben Murray Bruce expressed hope that the constituency projects would be funded, as they benefit the people more, not the lawmakers.

Speaking in a telephone interview with THISDAY, Ben Bruce said the project is for the people who get angry when they

are not implemented as promised by “If you promised a link road that costs N20 million, and you do not have the link road, then people would be angry. If you promise a borehole because people have dirty water and they have monkeypox, because of the dirty water and dirty environment, and you cannot provide clean water, then they would be angry, because they put you into office and you cannot provide them clean water.”

“In a place like Bayelsa state which is riverine, no toilets anywhere, people use the bathroom (ease themselves in the waters) and drink it at the same time, are you surprised there is monkey pox?

So something as simple as water, which does not benefit the senator or the House of Representatives, it benefits the poor man who needs clean water, and then you do not deliver, first you have sick people, you have an epidemic, you have angry people, people who cannot understand that in a modern economy, some people do not have clean water to drink, who do you blame?”

Dangote Shares Secret of Backward Integration with Investors Africa’s richest man and President of Dangote Group, Alhaji Aliko Dangote, has shared the secret of backward integration with investors at the Financial Times’ fourth annual Africa Summit at Claridges in London.

FT’s Editor-In-Chief, Lionel Barber, conducted an extraordinarily candid public conversation with Dangote, Africa’s most successful business leader, in the presence of the Vice-President, Yemi Osinbajo, Congolese presidential hopeful, Moise Katumbi, and about 300, other business leaders.

Mastering detailed production statistics and highly-compelling demographics on promising sectors of the African economy, Dangote outlined the key to his success: self-sufficiency and backward integration, a manufacturing strategy that extracts value from entire processes.

“We are not going to import anything any longer. “In Nigeria, we are learning how to produce the entire value chain,” Dangote added. Once a heavy importer of fertilizer, Nigeria is now gearing up to produce three million tonnes of locally manufactured fertilizer, transforming the country into one of the largest fertilizer exporters in Africa.

In 2007, Nigeria was the second largest importer of cement after the United States Dangote reminded the audience of business elite.

“Today, we have not only satisfied domestic needs, we have become a leading exporter of six to seven million tonnes of

cement,” he added.

Diversifying into agriculture, Dangote has eyes on the dairy industry motivated by the fact that “98 per cent of all milk consumed in Nigeria is imported.”

Same for rice. Dangote Group has invested heavily in rice production by investing in local farmers and then offering to buy back the one million tonnes at open market prices that they are growing. “Soon we will be able to feed not only Nigeria but the entire 320million large West African market,” he added.

Dangote’s business acumen was on rare exhibition as Barber himself seemed impressed with the business mogul’s quick familiarity with the nuts and bolts of his businesses.

“Are we going to continue to import everything?” Dangote asked.

“Freight rates are now cheap but they will go up soon. A population of over 200million cannot continue to import basic needs on a daily basis,” he answered himself.

By 2100, Dangote stated that Africa would represent 49 per cent of the world’s population, up from 30 per cent today. “If you don’t think big we won’t grow at all; In Africa you have to play long-term, he noted.

Aside from Nigeria, which African nations do you think are good growth opportunities?

Barber asked Dangote. “Aside from Nigeria?”

“I’d have to pick Nigeria. I am a big fan of Nigeria. We are only using eight per cent of our land,” Dangote added.

MOMENT IN HISTORY

L-R: Nobel Laureate , Prof. Wole Soyinka; Delta State Governor, Dr. Ifeanyi Okowa; former Vice President, Dr. Alex Ekweme; and former Cross River State Governor, Mr. Donald Duke, at the public presentation of the book entitled: ‘The Asaba Massacre, Trauma, Memory and the Nigerian Civil War’ to mark the 50th anniversary of Asaba massacre in Asaba, Delta State....weekend

FG Off-sets N26bn MDA Debt to Discos against Their Debts to NBET Chineme Okafor in Abuja The federal government will convert the N25.9 billion electricity debts it recently verified that its Ministries, Departments and Agencies (MDAs) owed the 11 electricity distribution companies (Discos) to set off parts of the Discos’ debts to the Nigerian Bulk Electricity Trading Plc (NBET), the Minister of Power, Works and Housing, Mr. Babatunde Fashola, has disclosed.

Recently, the 11 Discos stated that the financial shortfall in the power market had reached N809 billion, but figures on their real debts to the market have remained quite debatable.

Similarly, in an August 2017 report on the summary of Discos’ invoices and remittances from the

Market Operations Department of the Transmission Company of Nigeria (TCN), the Discos’ debt to the market was N120.7 billion.

Fashola however, said at the October edition of the monthly power sector operators meeting yesterday in Owerri that the government has approved the debt be set off against the Discos, and that it would soon communicate that decision to them.

“In the last month, specifically on Wednesday, October 4, 2017, the Federal Executive Council approved the verified sum of federal government MDA debts of N25.9 billion, and its payment by setting it off against the debts owed by the Discos to NBET. “You will be receiving official communication of how these have been applied to reduce debts owed

by Discos to NBET,” said Fashola, in

his speech which was made available to THISDAY. He also said the government was making progress in its efforts to recover electricity debts owed the market by its international customers like Niger Republic.

The minister said he got a letter from the Discos indicating their discomfort with some of the government’s new policies in the sector, notably its plans for solar power and mini grid systems.

On that, he stated that the country’s electricity law was enacted to create competition in the sector not monopoly.

He also said government has not taken a decision on what to do with the N39 billion it recently set aside for investment in metering in the Discos’ networks.

“The ESPRA did not contemplate a monopoly for any licensee unless it is expressly stated in the licence.

“It is my understanding that you fear that you will lose some income or some customers if government proceeds; and on the question of meters, you seek to have technical compatibility with what the licencee will operate,” he said.

According to him: “As for channelling investment into distribution assets through the Discos, government has not yet taken a position on what the best way forward will be. However, government is clear that a solution must be found quickly to the inability of Discos to take about 2000 megawatts of power that will imminently increase as we get more incremental power.

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NEWSEXTRA

Aisha Buhari Berates Aso Rock Clinic CMD over Poor Facilities Says her husband’s long absence emboldened Nnamdi Kanu Omololu Ogunmade in Abuja The wife of the president, Mrs. Aisha Buhari, like her daughter a week ago, has lamented the poor state of the Aso Rock Clinic and berated the Chief Medical Director (CMD) of the clinic, Dr. Hussain Munir for running an ill-equipped health care facility.

Mrs. Buhari expressed displeasure over the terrible state of the clinic for which huge sums of money are budgeted every year and demanded accountability on the clinic’s funds by its management.

She made her views known yesterday at the opening of a stakeholders’ meeting on reproductive, maternal, newborn child, adolescent health and nutrition, otherwise known as RMNCAH+N, at the Banquet Hall of the Presidential Villa, Abuja.

The event was organised by her platform, Future Assured, to build formidable alliances with the relevant institutions with a view to strengthening advocacy for RMNCAH+N at the state level.

By her reaction to the state of Aso Rock Clinic, Mrs. Buhari was echoing her daughter, Zahra, who had upbraided the State House Permanent Secretary, Mr. Jalal Arabi, on social media, asking him to account for more than N3 billion budgeted for the clinic.

Mrs. Buhari whose anger was an offshoot of the inability of the hospital to treat her recently when she took ill, said she declined advice to travel out of the country for treatment but chose to seek medical attention in a foreign-owned hospital in Abuja.

In the presence of several governors’ wives who graced the occasion, Mrs. Buhari dealt a heavy blow to the personality of the CMD of the State House Medical Centre, Munir, by putting him on the spotbeforetheaudienceanddemanded accountability on the clinic’s budget.

She did not hesitate to call him out in the presence of the audience and demanded an account of the clinic’s budget, describing the ongoing construction of new buildings at the hospital’s premises in the face of non-availability of even the least of medical items and drugs as a misplaced priority.

She also bemoaned the fate of

ordinary citizens on the streets of Nigeria, noting that if high profile personalities like her husband had to spend several months abroad for medical treatment, the plight of the masses could not be estimated.

“Before I commence my speech I will like to be realistic and say a few words concerning health care and the health delivery system in Nigeria. The Nigeria health sector is in a very, very, very poor, sorry state to say the least.

“I am happy the CMD of Aso Clinic is here. Is he around?

Dr. Munir (Dr. Hussain Munir, consultant cardiologist and the chief medical director at state house medical centre) or his representative? Okay, he is around.

“Dr. Munir I’m happy you are here. As you are all aware, for the last six months Nigeria wasn’t stable because of my husband’s ill health. We thank God he is fully recovered now.

“If somebody like Mr. President could spend several months outside Nigeria, then you should wonder what would happen to the common man on the street of Nigeria.

“Few weeks ago, I was sick as well. They advised me to take the first flight out to London but I refused to go. I said I must be treated in Nigeria because there is a budget for an assigned clinic to take care of us. If the budget is N100 million, we need to know how the budget is spent.

“Along the line, I insisted they called Aso Clinic to find out if the x-ray machine was working. They said it was not working. They did not know that I was the one that was supposed to be in that hospital at that very time.

“I had to go to a hospital that was established by foreigners in and out 100 per cent. What does that mean? So I think it’s high time for us to do the right thing. If something like this can happen to me, no need for me to ask the governors’ wives what is happening in their states. This is Abuja and this is the highest seat of government and this is the Presidential Villa.

“One of the speakers has already said we have very good policies in

Four Judges Begin Secret Trials of Boko Haram Members Nigeria has now started the trials of thousands of suspects accused of being involved with the militant Islamist group, Boko Haram.

Sources at the Ministry of Justice told the BBC that four judges have started the trials at the military detention facility in Kainji town, Niger State, where more than 1,600 suspects are being kept.

It is not clear how many were arraigned on the first day of the trials.

Up to 1,670 people would be tried in the coming weeks with a further 5,000 people after that. Many of the suspects have been detained for years.

The trial is the biggest series of terrorism-related trials in Nigerian history so far.

The trials are to be conducted

in secret at detention facilities across the country - although they are not military tribunals.

Human rights activists and some families of the suspects have expressed fears that this would undermine transparency.

The trials are likely to last for months, or even years, because of the huge number of suspects who will be tried individually, according to Justice Minister Abubakar Malami.

Plus the judicial system here is chronically slow.

More than 20,000 people have been killed and millions of others displaced by Boko Haram’s eight-year insurgency in several countries in the Lake Chad region.

Many people, including women and children, have also been abducted by the militants.

Nigeria. In fact, we have the best policies in Africa. Yes, of course, we have but the implementation has been the problem. So we need to change our mindset and do the right thing. I’m sure Dr. Munir will not like me saying this but I have to say it.

“As the chief medical director, there is a lot of construction going

on in this hospital but there is no single syringe there. What does that mean? Who will use the building?

We have to be good in reasoning.

“You are building new buildings and there is no equipment, no consumables in the hospital and the construction is still going on,” she said.

Further lamenting the adverse effects of the abysmal health sector in Nigeria, Mrs. Buhari said it was her husband’s absence from the country for several months due to ill health that emboldened the leader of the Independent People of Biafra (IPOB), Nnamdi Kanu to intensify his separatist agenda.

“Going back to the same health issue in Nigeria, as a result of my husband spending several months outside Nigeria, a 40-year-old man who was still living in his father’s house created a state out within a state and that was a major set back for the country and the health care sector did not benefit,” she said.

PRESIDENTIAL ATTENTION

President Muhammadu Buhari (right), granting audience to Yobe State Governor, Alhaji Ibrahim Gaidam, at State House, Abuja ....yesterday

Adeosun: FG Will Not Burden Nigerians with Unserviceable Debts Ndubuisi Francis in Abuja The federal government has assured that the administration of President Muhammadu Buhari would not burden Nigeria’s future generations with unserviceable debts.

The Minister of Finance, Mrs. Kemi Adeosun, who gave the assurance in an article entitled, ‘The Debt Debate: Deconstructing the Debt Story’, she explained the debt history, the short-term strategy and the medium to long-term outlook for the economy.

She stated that anyone who thought that the economy the administration inherited in 2015 was in need of minor adjustment was deluded.

The minister stated: “Oil prices had plunged from a height of over $120 to a low of $28 per barrel, yet the country had foreign exchange reserves of $28.34billion (having declined by $16 billion in the two years to June 2015 from a high of

$44.95 billion).

“Despite just 10 per cent of the budget allocated to capital expenditure, debt had (in a period of unprecedented oil earnings), inexplicably risen from N7.9tn in June 2013 to N12.1tn in June 2015. Depending on the candour of the commentator, the outlook was at best challenging, and at worst, bleak,” she said.

Adeosun stated that an expansionary fiscal policy was adopted with an enlarged budget in order to deliver a fundamental structural change to the economy to reduce the country’s exposure to crude oil.

“Through the implementation of the Efficiency Unit and enrolment of Ministries, Departments and Agencies on the Integrated Payroll and Personnel Information System, we have successfully saved N206bn in payroll costs using technology to drive the cleansing process, with the removal of 54,000 fraudulent or

erroneous entries. This was attained without the negative social impact of retrenchment.” Adeosun said.

The minister added that the economic modelling team correctly forecast that in the short-term, there would be acceleration in the accumulation of debt and an increase in debt servicing costs.

She, however, said this would be ameliorated by correcting the low tax to Gross Domestic Product ratio through revenue mobilisation, releasing funds to sustain investment in capital and repaying the debt.

“Mobilising revenue aggressively is not advisable, nor indeed possible, in a recessed economy. But as Nigeria now reverts to growth, our revenue strategy will be accelerated.

“This is being complimented by a medium-term debt strategy that is focusing more on external borrowings to avoid crowding out the private sector. This would also reduce the cost of debt servicing

and shift the balance of our debt portfolio from short-term to longerterm instruments,” she said.

Commenting on the inherited debt, Adeosun noted that the Federal Executive Council in July 2017 approved that N2.7 trillion of hidden liabilities would need to be addressed.

According to her, these obligations include salaries, pensions, oil importation, energy bills and contractor payments, some of which date back to 2006.

She said:, “It is instructive to note that the recent Academic Staff Union of Universities’ (ASUU) strike that crippled our tertiary institutions is one of many examples of commitments made by previous administrations that were saddled on this team.

“ASUU’s dispute relates to an agreement reached with the federal government in 2013 (when oil prices fluctuated between $102 and $116 per barrel), which was not honoured,” she stressed.

Senate C’ttee Summons Seven Bank Chiefs over Patience Jonathan’s Accounts Damilola Oyedele in Abuja The Senate Committee on Ethics, Privileges and Public Petitions has summoned the Managing Directors of Zenith Bank, Diamond bank and five others over the freeze on the bank accounts of former First Lady, Mrs. Patience Jonathan, domiciled with their banks.

Other banks whose MDs were summoned are First Bank, Ecobank, Fidelity Bank Stanbic- IBTC, and Skye Bank.

The Committee Chairman, Senator Sam Anyanwu, issued the summons yesterday during

the hearing on a petition by Mrs. Jonathan.

Anyanwu stated that the bank chiefs must appear before the committee, as no representation would be entertained.

According to the petition, the accounts where her monies are frozen include accounts belonging to Pluto Property and Investment Company Limited, Seagate Property Development Investment Company and Transocean Property and Investment Ltd. Her salary accounts were frozen in addition to accounts of her non- governmental organisation, the Women for Change Development

Initiative and A.Aruera Foundation.

The petition was filed on Jonathan’s behalf by Granville Abibo (SAN), alleging harassment of herself and relations by the Economic and Financial Crimes Commission, (EFCC) and National Drug Law Enforcement Agency, (NDLEA).

Jonathan also accused the agencies of unleashing terror on her and her relatives in addition to subjecting them to “dehumanising, degrading and despicable treatment.”

“The accounts of her siblings, Innocent Nyegerefaka, Mohammed

Oba and Esther Oba have all been frozen by EFCC without an court order, all because they are blood relations of Dame Patience Jonathan,” the petition reads.

The accounts, her counsel, Mr. Charles Ogboli, told the committee, were frozen without court orders.

The Acting Chairman of the EFCC, Mr. Ibrahim Magu was however absent at the hearing as he was said to be outside the country, to return on Tuesday.

The committee ruled that Magu should appear before it on Wednesday.

46

TUESDAY OCTOBER 10, 2017 ˾ T H I S D AY

NEWSEXTRA

Police Protest in Kaduna over Unpaid Salaries NPF: We only had challenges of underpayment, names’ omission Paul Obi in Abuja and John Shiklam in Kaduna Some policemen serving in the Kaduna State command yesterday staged a peaceful protest against

non-payment of their two months salaries.

The policemen, mostly of the rank and file, stormed the salary department of the command to find out the cause of their

Former Army Chief,Victor Malu is Dead Buhari, Mark, Army mourn President condoles Ghanaian president over citizens’ death in explosion Omololu Ogunmade in Abuja and George Okoh in Makurdi Former Chief of Army Staff (COAS) during President Olusegun Obasanjo regime, Lt General Victor Malu (rtd), is dead.

According to a family member Bem Adoor, in Makurdi, Malu was said to have died early yesterday in a Cairo hospital, Egypt.

He was said to have travelled to Cairo two weeks ago for medical check-up where he died early yesterday.

Malu had been battling with ailment relating to stroke over the years.

He was a Commander of ECOMOG Peacekeeping Force in Sierra Leone and Liberia from August 1996 to January 1998.

Malu was appointed Chief of Army Staff in May 1999 and served till April 2001.

Born on January 15, 1947, in Katsina Ala Local Government Area of Benue State.

In 1967, he enrolled into the Nigerian Defence Academy (NDA), Kaduna, as part of the 3rd regular course and was commissioned second lieutenant in 1970.

Malu chaired the military tribunal that tried the former Chief of General Staff, General Oladipo Diya (rtd), in 1998 over alleged coup plot against the late Head of State, Gen. Sani Abacha.

Meanwhile, President Muhammadu Buhari and former Senate President, Senator David Mark, Governor of Edo State, Mr. Godwin Obaseki, and Chief of Army Staff, Nigerian Army, Lieutenant General Tukur Yusufu Buratai, havecondoled with Malu’s family.

Buhari also commiserated with the government and people of Benue State on the death of Malu.

The president who also commiserated with the Nigerian Armed Forces on his passage, described Malu as a very distinguished and professional colleague who demonstrated incredible courage and leadership even during very turbulent times in Liberia.

According to a statement by his chief spokesman, Mr. Femi Adesina, Buhari recalled that as the Force Commander of ECOWAS Monitoring Group (ECOMOG) peace-keeping troops in Liberia from 1996 to 1998, Malu was an icon of professionalism, bravery and discipline, and he aptly demonstrated these attributes throughout his national and international military assignments.

He said Malu would be fondly remembered both for his dedication and commitment as a military officer as well as his numerous landmark contributions to Nigeria’s unity and development.

Adesina said Buhari also urged

the bereaved family, friends and associates to honour Malu’s memory by upholding his invaluable sacrifices for a peaceful and united Nigeria, adding that the president prayed Almighty God to comfort all who mourn the deceased and grant his soul peace.

Also, the president last Sunday, made a telephone call to the President of Ghana, Nana AkufoAddo, to express his condolences to the government and people of the West African country over the gas explosions in the Legon suburb of Accra on Saturday which claimed some lives and injured others.

Adesina said Buhari prayed for those who lost loved ones in the tragedy and wished the injured a speedy recovery.

“The Nigerian leader told his Ghanaian counterpart that his personal thoughts and prayers, as well as that of all Nigerians are with our Ghanaian brothers and sisters as they mourn their loved ones.

“President Buhari further prayed that Ghanaians, who are known for their extraordinary strength and resilience, will overcome this disaster and rise above the losses the country had suffered in recent times from gasrelated explosions,” Adesina said.

On his part, Mark lamented Malu’s demise, describing him as a gallant soldier.

He said: “I have lost a reliable brother, dependable friend, colleague and comrade, .

“Malu was a soldiers’ soldier.

He was frank and truly called a spade its rightful name no matter whose Ox was gored.

“Unarguably, the nation has lost one of her best and fertile minds in the armed forces. We shall sorely miss him.”

Also, Obaseki commiserated with the government and people of Benue State over Malu’s death.

The governor said Malu will be remembered for his courage to speak truth to power and defend his opinions even when it may not be popular.

“My heart goes to the family he left behind and I pray that the Almighty God grants them the strength beyond normal, to bear the loss,” the governor said.

Similarly, Buratai said he received the news of Malu’s death with shock.

In a statement by the Director Army Public Relations, Brigadier General Sani Kukasheka Usman, Buratai said during Malu’s tenure as the Chief of Army Staff, he contributed immensely to the sustenance of democracy, peace and security in the country.

He prayed God Almighty to grant the family the fortitude to bear the loss.

predicament.

The protesting force men were made up of those who were paid half salaries and those who hadnot been paid for two months.

They alleged that their salaries were being deducted indiscriminately without any explanation.

It was learnt that the problem started following the implementation of Interpersonal Payroll Information System (IPPS) by the ministry of finance.

The policemen complained that the problem started in August when some of them started receiving half or even less than half of their salaries while others were not paid at all.

“When we complained, we were told that the problem would be rectified in September, but the problem still persisted in September.

“Nobody told us what was happening. How can they be shortchanging us in these hard times,” one of the protesting policemen said.

The policemen later dispersed after their commissioner, Agyole

Abeh, addressed them.

Addressing the aggrieved policemen, Abeh, said the delay in payment of salaries was from the IPPS office in the federal ministry of finance and not the police.

He said: “They are police officers operating under the law, if they misbehave, we will deal with them according to the law.

This is mutiny! We have laws and principles guiding our conduct and no police officer can carry placard protesting.”

However, the Force Public Relations Officer, CSP Jimoh Moshood, said there was no iota of truth in the said reports.

He said: “The attention of the Nigeria Police Force has been drawn to reports in some media captioned: ‘Nigeria Police Force personnel protest non-payment of salaries’.

“The force wishes to categorically state that salaries of Police Personnel across ranks throughout the 36 states and the Federal Capital Territory (FCT) and all other police

formations are being paid as at when due and on time.”

Moshood explained that “it is not correct and it is misleading that police personnel protested anywhere in the country because of non-payment of salary as reported in some media yesterday or at any other time.

“Few policemen who went on inquiry to the Mechanised Salary Section (MSS) in Kaduna State Police Command over complaint of under-payment, omission of their names on the salary payroll as a result of the implementation of the Integrated Payroll and Personnel Information System (IPPIS) handled by the Office of the Accountant-General of the Federation, were immediately attended to and addressed by the officer in charge of the MSS, Kaduna State Command in the early hours of today (yesterday) that their problems have been taken up by the Force headquarters with the Office of the Accountant-General of the Federation, and they left for

their duty posts.”

He maintained that “no policeman protested or went on rampage as reported in the media in the state or anywhere else in the country.

“However, some challenges such as under-payment, omission of names on payroll, non-payment and over-payment of some police personnel experienced in the eight state commands that have been enrolled on the platform of the Integrated Payroll and Personnel Information System (IPPIS) in the payment of August and September 2017 salary have been taken up with the Office of the Accountant General of the Federation and its being promptly addressed.

“Members of the public are hereby enjoined not to panic but to go about their lawful duties and other responsibilities without fear or apprehension.

“No policeman protested in Kaduna or any other state in the country because of nonpayment of salary,” Moshood insisted.

REUNION

L-R: Vice President General, Government College Ughelli Old Boys’ Association (GCUOBA), Charles Majoroh; President General, GCUOBA; Prof Oritsegbemi Omatete; Chiarman Organising Committee, Mr. Alfred Okoigun; and Lagos State Deputy Governor, Mrs. Idiat Oluranti Adebule, at the sixth national annual dinner of the association in Lagos....weekend Abiodun Ajala

Gunmen Kill 15 in Rivers Community Ernest Chinwo in Port Harcourt Yet-to-be identified gunmen in the early hours of yesterday invaded Mgbuoshimini Community in Obio/Akpor local government area of Rivers State, killing at least 15 people.

In its reaction, thestategovernment ordered the police to fish out the perpetrators while Governor Nyesom Wike lamented that politics by the police high command was distorting the state’s security architecture.

THISDAY gathered that the gunmen stormed the community at about 3a.m. yesterday, shooting sporadically and leaving behind at least 15 persons dead.

Two youths were also killed in the community last Thursday by unknown gunmen.

The source of the attack was yet to be known as at the time of filing this report.

However, an eyewitness, who spoke with THISDAY, said the attackers stormed the community around 3.30a.m with heavy gunshots.

The eyewitness, who gave his

name as Alhaji Iliasu Bashir, and resident of the community, said, “Around 3.30a.m in the night, I started hearing gunshots by Slaughter area in the Mgbuoshimini at the waterside. So this morning somebody called me that they have killed one of your brothers. When I went there I saw Nasiru who is our security at the Slaughter and when I checked on the other side I saw many corpses, up to eleven corpses.

“There is one uncompleted building behind, I don’t know how many persons that lived there but they killed all of them and burnt the house. They said nobody should touch the corpses until the Commissioner of Police send in his men.”

Confirming the incident, the state Police Public Relations Officer (PPRO), Nnamdi Omoni (DSP), said: “That was very unfortunate incident. Our men are already there.

The cause of the incident is not yet known.”

He put the casualty figure at 10 persons dead and several others injured.

He further stated that those

killed might not be the target of the attack as most of the victims were traders at the market.

He said police had beefed security in the area.

In its reaction, the state government condemned the to killings and charged the police fish out the gunmen at all cost In a statement issued by the state Commissioner for Information and Communications, Mr. Emma Okah, the state government said: “The State Government is ready to spare nothing to support the security agencies get these killers irrespective of where they are found. Even in their holes, smoke them out from there and you should have no rest until we get to the end of the case, until we see justice.”

He stated that the State would not give in to criminals and their sponsors.

While commiserating with the families of the deceased, he said the situation was unacceptable to the state government.

However, the police have declared eight persons wanted in connection with the killings The state Police Public Relations

Officer (PPRO), Nnamdi Omoni, disclosed to THISDAY by telephone yesterday night.

Meanwhile, while receiving Course Participants of the National Defence College on Study Tour to the state at the Government House Port Harcourt yesterday, the state Governor, Nyesom Wike, decried the politicisation of security in the state by the Police High Command, saying that it is negatively affecting the state’s security architecture.

He said the state was suffering from certain avoidable security infractions because of the politics introduced in security management.

Wike commiserated with the families of the deceased, saying that the administration would continue to strengthen security, despite the acts by the Special Anti-robbery Squad to sabotage the state security architecture.

He said: “We had a security incident, I expected the state Commissioner of Police to be here to brief me and for us to plan to forestall a recurrence, but he will not come. He may brief me over the telephone.”

47

T H I S D AY ˾ TUESDAY, OCTOBER 10, 2017

TUESDAYSPORTS

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

WORLD CUP 2018 QUALIFIER

Zambian Fans Want FAZ to Petition FIFA over Nigeria’s Qualification Femi Solaja Passionate football fans in Zambia are mounting pressure on the Football Association of Zambia (FAZ) to protest to FIFA for a possible rematch of last Saturday’s World Cup 2018 qualifying game against Nigeria that the Chipolopolo lost 1-0.

This development is coming 48 hours after the world football body sent a congratulatory letter to the Nigeria Football Federation (NFF) and 12 other countries that have secured spots before the final games of the qualification series in November.

Zambia needed either a draw or win to remain in contention for qualification for the first time in their football history but lost out via Alex Iwobi’s 74th minute goal to shoot Nigeria to her sixth appearance at the biggest football show piece.

According to the Sports Editor of Times of Zambia, Elias Chipepo in a chat with THISDAY yesterday, most fans of the Chipolopolo who watched the match live are of the opinion that their team was ‘robbed’ of a legitimate goal mid way into the first half that could have put them in great advantage of qualification.

“The fans no doubt are proud of the performance

against the Super Eagles but felt shortchanged when the centre referee ruled invalid the goal scored midway in the first half. They now want FAZ to protest to FIFA on a possible replay in Uyo since Senegal has benefited from a similar scenario by ordering a replay with South Africa,” explained the Zambian Times editor.

Aggrieved fans just like pundits were disappointed in referee Joshua Bondo’s decision to cancel Augustine Mulenga’s 24th minute goal.

“Mulenga’s goal is a clear goal which could have stood but referee Bondo’s decision changed the course of the game for Zambia who secured home and away result against Algeria to raise the hope of their fans of making their first trip to the Mundial,” remarked Chipepo who was part of the traveling party to Uyo last weekend.

The controversial call which is just one of many in the ongoing qualifying series no doubt will further justify FIFA’s decision to test-run the Assistant Video Referee (AVR) at the last FIFA Confederation Cup in Russia last summer.

Already, Ghana has lodged a protest to FIFA over valid goal that was overruled by the South African referee in favour of Uganda.

Last month, FIFA ordered a replay of the World Cup qualifying match between

Minister of Power, Works and Housing, Mr Babatunde Fashola (right) who represented President Muhammadu Buhari at the World Cup qualifier against Zambia in Uyo, in a warm handshake with Super Eagles Technical Adviser, Gernot Rohr… last Saturday

South Africa and Senegal after the referee awarded a penalty for a nonexistent handball.

The referee Joseph Lamptey was banned for life due to his obvious match manipulation.

The then Nigeria Football Association (NFA) was on the wrong side of referee’s

misjudgment in the past with the final matches of Africa Cup of Nations against the Indomitable Lions of Cameroon at Maroc ’88 final match and Ghana/Nigeria 2000 as case studies.

Henry Nwosu’s legitimate goal against Cameroon in

the final match at Maroc ’88 was overruled by Mauritania Idrissa Sarr who later in the second half awarded a controversial penalty kick against Nigeria scored by legendary Roger Milla as a match decider.

In the 2000 final at the

National Stadium in Lagos, Tunisian referee Mourad Daami, overruled a penalty shootout goal from Victor Ikpeba to give Cameroon edge and the Indomitable Lions won the final match on penalties after 2-2 score line full time.

Pam Shoots 69 to Win G O V ’ S C U P 1 S T L E G Ibadan Mesiogo Open Upset as Unseeded Dutch Star Shocks Top Seed Olawale Ajimotokan Daniel Pam secured victory at Ibadan Mesiogo Open last weekend after carding a final round score of one under par 69.

The Abuja-based professional held off the stiff resistance by Emos Korblah and Andrew Odoh to win by two shots after a gross score of even par 210 at the Ibadan Golf Club.

As the inaugural winner of the tournament, he earned the prize purse of N1.7million in addition to a place at the 3e Actuaries Equatorial Guinea Open Championship that holds in Mongomo, Equatorial Guinea in December.

The tournament paraded a field of 98 golfers from 17 countries, playing for the four available qualifying places to Mongomo.

Elisha Markus, also from IBB Club, Abuja and Sunday Odegha, tied for fourth to scale through, while Vincent Torgah edged fellow Ghanaian, Kojo Banini in a pulsating sudden death that stretched to three holes, to grab the last spot to Mongomo.

One of the tournament’s highlight was the qualification of Englishman Hinton Craig.

The Equatorial Guinea Open defending champion was penalised for playing on a

wrong tee on hole eight on the first day of the tournament.

Pam teed off the final round in fifth position and five shots off the pace. But three birdies on the front and the last on the 17th secured him the outright lead for the tournament.

In contrast, others ahead him started to recline. A 78 nearly dashed Torgah, the overnight leader’s hope. Markus missed birdie sights on 16 and 17, while the cerebral Odoh, eagled the par 5 7th, but faded after four successive bogies.

Pam hit 13 of the 18 fairways on the day. The Plateau-born golfer, however, got a huge relief at the last hole, when he pulled his drive into an ant-hill and was allowed a free drop.

“I feel over the moon. This is a very important victory and I am looking forward to the trip to Equatorial Guinea, which incidentally will be the first time I will be playing golf out my country. My caddy contributed to the victory.

His course knowledge was exceptional, “ the player who turned professional in 2007 said.

The tournament sponsor, Olawale Opayinka of 3e Actuaries, thanked the Oyo State government for creating the right atmosphere for the hosting of the international tournament in one of Africa’s biggest cities.

The first leg (Futures 4) of the 2017 edition of the Governor’s Cup Lagos Tennis Championship began yesterday with shocking result as Number One seed in the men’s singles, Egyptian Karim-Mohamed Maamoun failed to make it to the next round of the International Tennis Federation (ITF) pro circuit competition going on

at the Lagos Lawn Tennis Club, Onikan.

Maamoun, who is ranked 236, a regular face in Lagos in the last few years, crashed out of the first leg of the Governor’s Cup as he succumbed to the fire power of the Dutch star, Stephan Fransen, who is ranked 1212 in two straight sets of 6-2, 6-2 that lasted more than

one hour on Court 3.

Though the Egyptian player may bounce back in the second leg (Futures 5), he will have to raise his game in the doubles event if he wants to make any impact in the first leg of the competition.

In other results, playing on Court 1, Nigerian Imeh Joseph could not continue

his game against Serbian Ilija Vucic as he retired midway in the match. He lost the first set 1-6.

In the Doubles event, Nigeria’s Abdulmumuni Babalola and Clifford Enosoregbe lost to Johan Sebatien Tatlot and Andrew Watson of France and Great Britain respectively in 0-6, 3-6 game.

Ballon d’Or: Messi, Neymar, Betland Sports Betting Ronaldo, Kane, 26 Others Shortlisted Relaunches with Special Offer Tottenham striker Harry Kane Wales forward Bale, 28, has was yesterday named on the 30-man shortlist for the 2017 Ballon d’Or award given to the world’s best player.

Chelsea midfielder Eden Hazard is among six other Premier League players picked

by France Football magazine for the prestigious prize.

David de Gea, Philippe Coutinho and Sadio Mane, Kevin de Bruyne and N’Golo Kante, have also been chosen.

Gareth Bale misses out, while Cristiano Ronaldo and Lionel Messi are selected.

Kane, 24, has been picked on the shortlist for the first time after scoring 43 goals in 37 games for club and country in 2017.

only scored five goals for Real Madrid this year, struggling for form and fitness at the end of last season.

Real Madrid forward Ronaldo, 32, beat Barcelona’s Messi to win the award for a fourth time last year.

Messi, 30, has claimed the prize on five occasions, while no player other than the Argentine or his Portuguese rival has won since Brazil midfielder Kaka in 2007. Ronaldo who helped Real Madrid win last season’s Champions League and scored three goals as Portugal won Euro 2016 is tipped by pundits to win his fifth Ballon d’Or. He won the Ballon d’Or in 2008, 2013, 2014 and 2016.

One of the leading sports betting platform, Betland. com, has disclosed that it has embarked on taking the Nigerian gaming space by storm with a relaunch that will make the platform simple to access, navigate and play on.

Managing Director, Betland. com, Babajimi Ogunlana, said the platform would provide both online and retail betting services and boasts a fantastic array of products including Sport, Lottery, Online Casino, Virtual Sports and Fantasy Sports.

“The company offers the best odds guaranteed on its products and is highly focused

on ensuring prompt payments to winners, whilst running a betting service that has always been fair and transparent,” Ogunlana stated.

“Betland seeks to quickly establish itself as the nation’s preferred bookmaker by offering punters the best value incentives to play, making them embrace the winning culture that the brand is ever proud to be associated with.”

The platform, having been restructured and repositioned, is run by some of the best hands in the Nigerian sports betting industry, with the aim of using their professional and managerial capabilities to take the brand to enviable heights.

Tuesday October 10, 2017

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MISSILE Kachikwu to Buhari

“If NNPC is considered and known to be one of the parastatals under the ministry, why does the GMD refuse to report to my office or to the board on serious issues such as above, especially given that I have been by Your Grace, the minister with oversight responsibilities over these parastatals for two years?”

– Minister of State for Petroleum Resources, Dr. Ibe Kachikwu in a letter to President Muhammadu Buhari detailing acts of insubordination by the Nigerian National Petroleum Corporation Group Managing Director, Dr. Maikanti Baru.

TUESDAY WITH REUBENABATI Kachikwu, Baru and the NNPC Debacle abati1990@gmail.com

T

he current NNPC debacle is probably the most embarrassing, even if mercifully, eye-opening crisis in the history of that nationally strategic institution since its creation in 1977. I seek in the following commentary to offer a number of observations that would probably throw some light on the muck and confusion running riot out there on the matter. In my view, it was an error to have paired the Group Managing Director of the Nigeria National Petroleum Corporation (NNPC), Dr Maikanti Baru, with Dr. Ibe Kachikwu.

I say this for two reasons. When Dr. Ibe Kachikwu was appointed the GMD in charge of the NNPC and as Minister of State in 2015, it looked like a dream appointment and an extraordinary career point for him but not necessarily for the sector. Dr Kachikwu did not hesitate to assert himself and in his attempt to reform the NNPC, one of the victims was a certain Dr Maikanti Baru, most senior Executive Director at the NNPC, who was redeployed under the new dispensation as a Technical Adviser in the Ministry of Petroleum. This was like sending Baru to desert territory of the oil and gas sector.

How the same Baru eventually got rehabilitated as GMD of the NNPC, to work with the same man who had tried to marginalize him within the system was a poor demonstration of an understanding of human psychology.

It was common knowledge that there was no love lost between the two men, and yet someone thought it was a good idea to force them to work together as a team. Leadership failed at that point, because the arrangement was not going to work. The Ministry of Petroleum and NNPC that emerged at that point was built on a fulcrum of conflict of personality and interest. The key players in the oil and gas sector can only work together as a team if they must reduce the opaqueness and conflicts in that sector, but the pairing of Kachikwu and Baru practically showed a lack of understanding.

The crisis that has now erupted between both men was foreseeable, and I dare say, avoidable.

Where is the wisdom in forcing two persons who have shown open dislike for each other to work together?

But let us consider the other level of the conflict: and that is the conflict of interest.

One major issue in the oil and gas industry, over the years has been the uneasy relationship between the Ministry of Petroleum and the International Oil Companies (IOCs). The Ministry of Petroleum through its parastatals, the NNPC, and more particularly, NAPIMS, regulates the IOCs. Nonetheless, the relationship between the regulator and the IOCs has always been like that between the cat and the mouse. Civil servants not just in the NNPC but elsewhere within the government have a penchant to want to work with their own.

Political appointees are treated with suspicion, as wayfarers, as the civil servants seek to protect their own territory. The battle for territory in the Nigerian government is one of the most vicious fights in the corridors of power. So it has been that in the oil and gas industry in Nigeria, every attempt to appoint an IOC-associated person as head of the NNPC or other parastatals under the Ministry of Petroleum has always resulted in

Buhari the equivalent of street fights. Under President Olusegun Obasanjo, Edmund Daukoru and Funso Kupolokun could not forge a seamless relationship even if Daukoru spent only five months or so in that position. Diezani AllisonMadueke was also from the IOCs (in her case Shell) and obviously she had issues with NNPC and Ministry officials. She had an advantage though: no GMD of NNPC would dare stand up to her, or by-pass her.

The belief within the Ministry of Petroleum system is that Ministerial appointees from the IOCs have interests that are different from their own traditions. President Buhari made the matter worse by making Kachikwu, an IOC man, from Exxon Mobil, GMD and Minister of State of Petroleum. On the surface of it, the impression was created that he could generate policies as he deemed fit, enjoy direct access to the Minister of Petroleum and gain the authorization to implement the same policies as he liked. From day one, Kachikwu was thus a marked man within the Ministry of Petroleum system. It will be naïve to assume that it is only Maikanti Baru that is fighting him. It will be safer to assume that it is the establishment that is trying to cut him down to size. If you doubt that, then check the history of the system: most of the former Ministers of Petroleum that managed to do well are not even from the system but complete outsiders.

Caught in the middle of this conflict, Kachikwu does not want to take the matter lying low.

He is fighting back. I’ll comment on whether that is a smart or clever move anon.

I think the other problem signposted so far in this matter, is the role of the Minister of State and the substantive Minister and how power and responsibility are delegated along the reporting lines. The related issue is access to the delegating authority. What we know is that the Minister of State in the Nigerian system has always faced difficulties. He or she occupies the same space in the power spectrum similar to that of a Deputy Governor, even if he or she does not have any Constitutional right of succession, in the event of the death or impeachment of the substantive officer. So serious is this matter that when certain Ministers of State were treated shabbily in the past they had to protest, and force the issue. The Nigerian

Constitution, in line with the Federal Character Principle, says there must be a Minister from every state of the Federation. Since it would make no sense to have 36 Federal Ministries, some Ministers end up as Deputy Ministers, but in reality, they are expected to report to a substantive Minister representing another state! The result has been nothing but conflict.

Under President Umaru Yar’Adua, the then Secretary to the Federal Government had to issue a memo dividing functions and responsibilities between Ministers and Ministers of State. Under President Goodluck Jonathan, there were three Ministers in the Ministry of Foreign Affairs representing different states of the Federation: their functions had to be spelled out to avoid conflict. This was also done in the Ministry of Health between Onyebuchi Chukwu and Muhammed Ali Pate, but one of the unwritten reasons why Pate eventually left the government was that he didn’t like the assigned role of a subordinate.

At a time, not even Rilwan Lukman and Odein Ajumogobia could work together. In Kachikwu’s case, he faced a humiliating situation whereby the GMD of a parastatal under his Ministry seemd to have better access to the substantive Minister and President. For months, the Minister of State could not access his principal, but the GMD of NNPC could, and that must have made him feel really bad. The truth is that the oil and gas sector is Nigeria’s honey pot and every GMD of NNPC has always enjoyed both official and unofficial access to the President. As I said earlier, only Diezani Allison-Madueke could keep her NNPC GMDs in effective check. If they stepped out of line, they lost their job.

Nonetheless, the President of the Federal Republic of Nigeria does not have to be the Minister of Petroleum of Nigeria. At face value, the President seeing that the oil and gas sector is the honey pot of Nigeria may want to supervise it directly. Oil generates close to 80% of Nigeria’s foreign exchange.

Even a President who does not hold on to that portfolio will be tempted to keep a close eye on that. In President Buhari’s case, he had been a Minister of Petroleum in the past and chairman of the Petroleum Trust Fund. All of this when new players in the industry were in kindergarten class, and so it can be assumed that he knows much about the industry. But the President being the Minister of Petroleum creates exactly the kind of crisis that we are witnessing. The President is the final authority.

Whoever is appointed Minister of Petroleum Resources exercises in any case, delegated authority. Both the Petroleum Act and the NNPC Act further vests authority in the Minister of Petroleum Resources exercising delegated authority. When the President combines the positions of President, Minister of Petroleum and Chairman of the Executive Council, and memos by all Ministers are to be processed through the Council, the President turns himself in the case of the Petroleum Ministry into a mini-god over Nigeria’s honeypot. If the President acting as Minister presents a Memo to Council, it is most unlikely that anyone among his own appointees will oppose that memo. The memo ordinarily receives automatic approval, no matter

how it may be. NNPC GMDs from Obasanjo’s time have tried to exploit this, when given that advantage, and it is why the NNPC’s response to Ibe Kachikwu now in the public domain is so troubling. Baru quotes the law. He insists that he has followed due process in all that he has done. He merely exploits the loopholes within the system that work perfectly in his favour under the present arrangement.

In his opportunistic statement released yesterday, he quotes NNPC’s alleged fidelity to the Procurement Act, and why and how the NNPC Group Executive Council does not have to report to a Minister of State, but the Minister or the Federal Executive Council. Mr Baru should be told that due process is not the only issue raised in Dr Kachikwu’s memo. He raised issues about the appointment and deployment of NNPC Executives and the appointment of COOs. Is that part of the mandate of the BPP? So, why should we have a Board that cannot perform oversight functions? The truth is that in many government departments, the chief executives often undermine the Board, especially if they are as powerful as an NNPC GMD who wields enormous influence and goodwill, as he wishes. On his part, Dr Kachikwu himself ruins his own case when he begins to talk about his being pro-North and his father having served in the North. What is that all about? It is completely immaterial. When a serving Minister begins to justify his own Nigerianness on the grounds of being pro-north, then we get closer to the root of the problem with Nigeria. Is Kachikwu also trying to play smart, to protect himself strategically?

Kachikwu and Baru have created a significant mess in the petroleum industry due to their own conflicts. With due respect, that is the truth and the situation. It is a conflict that must be resolved in the national interest and the buck for doing that stops at the President’s table. This particular conflict, and other intra-governmental conflicts before now, almost becoming recurring decimals: EFCC vs NIA, DSS vs. EFCC, Babachir Lawal and NIA probe, the Senate and the Inspector General of Police, have altogether dramatized to the international community cracks within this administration, and a growing governance crisis.

President Buhari has a responsibility to rescue his administration from the same odium that has often compromised Nigeria’s most strategic revenue sector. So far, he has not done so, and his failure will be remembered appropriately, if not now, then at the right time. It is tragic.

The National Assembly also probably has a role to play, beyond claiming it would look into the allegations that have been raised.

The Senate has since separated the Petroleum Industry Governance Bill into three sections.

It has passed the Administrative Section. But it would appear that the key issues in that industry would be both the Fiscal Regime and the local community frameworks. Administrative reform is not enough, and may even cause more serious problems such as we are witnessing.

However, more probing questions have to be asked for the benefit of the divided public: how many NNPC contracts have been tabled before the FEC in the last two years, and what is their status? There is more to this matter than we know.

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