Nigeria Mourns Politician Par Excellence, Alex Ekwueme Our Correspondents Tuesday November 21, 2017
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Fayose to Buhari “The missing Chibok girls are still not found; herdsmen are killing people daily and ravaging parts of the country. The alarming cases of kidnap among others across the country are a sign of a failed government” – Ekiti State Governor, Ayodele Fayose questioning the federal government’s rationale for hiring Malaysian experts for N458million to help Nigeria build her economic capacities.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Yesterday was a day of mourning nationwide when word got out that Nigeria’s first Executive Vice-President,
See Tribute, More Stories on Pages 8, 41 & 42 Dr. Alexander Ifeanyichukwu Ekwueme had passed on at a
London hospital on Sunday night at the age of 85. A man of notable intellect and academic accomplishments, Ekwueme who made his mark
headed by former President Shehu Shagari was overthrown in a bloodless military coup spearheaded by then MajorGen. Muhammadu Buhari. The irony is that it was the
same Buhari, as president, who ordered that Ekwueme be flown overseas for medical attention late last month after Continued on page 8
All Eyes on MPC as GDP Growth Doubles to 1.4% in Q3… Page 6 Tuesday 21 November, 2017 Vol 22. No 8251. Price: N250
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as a foremost architect, businessman and later politician was the country’s vice-president from October 1, 1979 to December 31, 1983, when the Second Republic
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Buhari: Raid of Judges’ Homes Not Meant to Intimidate Judiciary… Page 40
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All Eyes on MPC as GDP Growth Doubles to 1.4% in Q3 Oil sector grows by 25.89%, non-oil contracts 0.76% 0.72% Presidency attributes growth to govt policies Ndubuisi Francis, Omololu Ogunmade in Abuja and Obinna Chima in Lagos Following the report released yesterday by the National Bureau of Statistics (NBS) showing that the Nigerian economy grew by 1.4 per cent in the third quarter (Q3) of this year, effectively doubling the revised growth rate of 0.72 per cent recorded in the second quarter, market analysts and economists were of the view that the Monetary Policy Committee (MPC) of the Central Bank of Nigeria (CBN) should at its two-day meeting slated to start today, commence gradual easing of its monetary policy. Their position was further reinforced in the NBS report which showed that economic expansion in the third quarter was solely driven by Oil Sector Gross Domestic Product (GDP) which grew by 25.89 per cent in the third quarter, in contrast to Non-Oil GDP which contracted by 0.76 per cent during the period. The NBS in its latest figures released yesterday revealed that the nation’s GDP grew by 1.40 per cent in Q3 2017 (year-on-year), marking the second consecutive growth since the economy exited the recession in the second quarter (Q2) of 2017. The new growth rate was 3.74 percentage points higher than the rate recorded in the corresponding quarter of 2016 (-2.34 per cent) and higher by 0.68 percentage points than the GDP growth rate recorded in the preceding quarter (Q2 2017), having been revised by the statistical agency to 0.72 per cent, from 0.55 per cent. The Q2 growth rate was revised, following revisions by Nigerian National Petroleum Corporation (NNPC) to oil output, culminating in revisions to Oil GDP in the period. After contracting for five consecutive quarters, the Nigerian economy had exited the recession in Q2 2017, growing at 0.55 per cent (now revised to 0.72 per cent). Analysing the Q3 economic output, the NBS put real GDP growth at 8.97 per cent quarteron-quarter. In the quarter under review, aggregate GDP stood at N29,451,303.99 million in nominal terms, which was higher when compared to N26,537,651.01 million in Q3 2016, resulting in a nominal GDP growth of 10.98 per cent. The growth was higher relative to the one recorded in Q3 2016 by 9.15 per cent. Real growth of the oil sector was put at 25.89 per cent (yearon-year) in Q3 2017, representing an increase of 48.92 per cent relative to the rate recorded in the corresponding quarter of 2016 and an increase of 22.36 per cent compared to Q2 2017, which was revised from 1.64 per cent to 3.53 per cent. Quarter-on-quarter, the oil sector grew by 21.10 per cent in Q3 2017. As a share of the economy, the oil sector contributed 10.04 per cent of total real GDP in Q3 2017, up from the figure recorded in the corresponding period of 2016 and up from the preceding quarter when it contributed 8.09 per cent and 9.04 per cent to GDP respectively. The non-oil sector, on the other hand, contracted by 0.76
per cent in real terms during the reference quarter. This was lower by -0.79 percentage points compared to the same quarter in 2016 and -1.20 percentage points lower the figure recorded in the second quarter of 2017. In real terms, the non-oil sector contributed 89.96 per cent to the nation’s GDP, lower than the share recorded in the third quarter of 2016 (91.91 per cent) and in the second quarter of 2017 (90.96 per cent). The third quarter of 2017 saw the mining & quarrying sector (which consists of crude petroleum and natural gas, coal mining, metal ore and quarrying and other minerals sub-activities) record a nominal growth of 101.36 per cent (year-on-year), taking into account revised Q2 2017 data. Crude petroleum and natural gas recorded a growth rate of 102.79 per cent, metal ore recorded 22.75 per cent and quarrying and other metals recorded 27.94 per cent respectively, maintaining strong year-on-year growth compared to the corresponding quarter growth rates of 2016 at 4.09 per cent, 17.11 per cent and 16.46 per cent respectively. The mining & quarrying sector contributed 11.17 per cent to overall GDP in the third quarter of 2017, higher than the sector’s contribution in the third quarter of 2016 and the previous quarter at 6.15 per cent and 9.08 per cent respectively. In real terms, the mining and quarrying sector grew by 25.44 per cent (year-on-year) in the third quarter of 2017. Compared to the third quarter of 2016 and second quarter 2017, it was higher by 48.09 percentage points and 21.93 percentage points respectively. Quarter-on-quarter, the sector recorded a growth rate of 20.84 per cent. The contribution of the mining and quarrying sector to real GDP in the third quarter of 2017 stood at 10.19 per cent, higher than the 8.24 per cent recorded in the corresponding quarter of 2016, and higher than the figure recorded in the second quarter of 2017, which was revised to 9.19 per cent. The agricultural sector grew by 12.50 per cent year-on-year in nominal terms, showing an increase over the same quarter of 2016 by 5.13 percentage points but a slight decline by -0.03 percentage points when compared to the Q2 growth rate of 12.53 per cent. Crop production remained the major driver of the sector, accounting for 91.97 per cent of the overall nominal growth of the sector. In the third quarter of 2017, agriculture contributed 24.44 per cent to nominal GDP, which was higher than the rates recorded in the third quarter of 2016 and second quarter of 2017 at 24.11 per cent and 19.28 per cent respectively. The manufacturing sector comprising thirteen activities posted a nominal GDP growth of 10.32 per cent (year-onyear) in Q3 2017, which was 13.25 percentage points higher than the growth recorded in the corresponding period of 2016 (-2.93 per cent), but -5.65 percentage points lower than the preceding quarter’s growth of 15.97 per cent. Quarter-on-quarter growth of the sector was put at
3.21 per cent. The contribution of manufacturing to nominal GDP in the third quarter was 8.55 per cent, lower than the figures recorded in the corresponding period of 2016 at 8.60 per cent and for the second quarter of 2017 at 9.02 per cent. Real GDP growth in the manufacturing sector in the current quarter of 2017 was -2.85 per cent (year-on-year), higher than the same quarter of 2016 by 1.53 percentage points and -3.49 percentage points lower than figure recorded in the preceding quarter The growth of the sector on a quarter-on-quarter basis stood at 2.59 per cent while real contribution to GDP in Q3 2017 was 8.81 per cent. The electricity, gas, steam and air conditioning supply sector recorded a year-on-year growth of 25.88 per cent in the third quarter of 2017. This was 21.91 percentage points higher than the 3.97 per cent growth rate recorded in the corresponding quarter of 2016, but -33.17 percentage points lower than the 59.05 per cent recorded in Q2 2017. Quarter–on-quarter, the sector recorded a contraction of 10.14 per cent. The contribution of electricity, gas, steam and air conditioning supply to nominal GDP in the quarter under review was 0.54 per cent higher than the contribution made in the corresponding quarter of 2016 (0.48 per cent). In real terms, the sector grew by 11.46 per cent in Q3 2017, an increase from the -6.68 per cent recorded in the same quarter of 2016 but lower than the second quarter of 2017 growth rate of 35.50 per cent. Quarter-on-quarter, the sector dropped at a rate of -10.63 per cent. The contribution of electricity, gas, steam and air conditioning supply to real GDP in the quarter was 0.36 per cent. The real growth rate of the construction sector in the third quarter of 2017 was recorded at -0.46 per cent (year-on-year), higher by 5.67 percentage points from the figure recorded in the previous year. Relative to the preceding quarter, there was a decrease of -0.59 percentage points. Quarteron-quarter, the sector grew by -22.07 per cent in real terms. In the review quarter, its contribution to total real GDP was put at 3.04 per cent, lower than its contribution of 3.10 per cent in the previous year and in the previous quarter when it contributed 4.25 per cent. For trade, the nominal yearon-year growth rate in the third quarter of 2017 stood at 0.47 per cent, indicating a drop by -14.93 percentage points and -4.38 percentage points lower compared to the third quarter of 2016 and second quarter of 2017 respectively. The quarter-on-quarter growth rate for the trade sector was put at 1.57 per cent, while the sector’s contribution to nominal GDP in the third quarter of 2017 was 17.96 per cent, lower than the contribution in the same quarter of the previous year of 19.85 per cent. It was also lower than in the preceding quarter of 19.27 per cent. In real terms, the trade sector’s
year-on-year growth stood at -1.74 per cent, which was -0.35 percentage points lower than the figure recorded in the corresponding period in 2016 and -0.12 percentage points lower than the preceding quarter. Quarter-on-quarter, growth stood at 1.50 per cent but in real terms, the trade sector’s contribution to GDP was 15.90 per cent lower than the 16.40 per cent recorded in the corresponding quarter of 2016. This was also lower than the 17.07 per cent recorded in the second quarter of 2017. Also, in nominal terms, accommodation and food services grew by 8.74 per cent year-onyear in the third quarter of 2017, representing an increase of 6.02 percentage points relative to the same quarter of 2016, when the growth rate was 2.73 per cent. Growth was also higher than the preceding quarter by 2.67 percentage points when growth was put at 6.08 per cent. The sector’s contribution to nominal GDP was 0.84 per cent in the third quarter of 2017, slightly lower than the 0.86 per cent recorded in the previous year. The real year-on-year growth rate for the sector in Q3 2017 was 0.18 per cent, higher by 5.06 percentage points of -4.88 per cent recorded in Q2 2016. Relative to the preceding quarter, the accommodation and food services sector’s growth rate was 4.23 percentage points higher than the -4.05 per cent recorded Q2 2017. Quarter-on-quarter, real growth was put at 48.87 per cent while in the third quarter of 2017, the sector represented 0.86 per cent of real GDP, which was lower by a small margin than the contribution of 0.87 per cent recorded in the third quarter of 2016, but higher than the second quarter 2017 contribution of 0.63 per cent. In the transportation and storage sector made up of six activities, a 0.58 per cent growth in nominal terms was posted in the third quarter of 2017 (year-onyear). This rate was lower relative to the figure recorded (19.69 per cent) for the corresponding quarter of 2016 and 2.17 per cent in the previous quarter. The fastest growing activity in the third quarter was air transport with a growth rate of 9.13 per cent year-on-year. Air transportation was followed by rail transport and pipelines at 4.91 per cent. Transport contributed 1.43 per cent to nominal GDP, a drop from the 1.58 per cent recorded in the corresponding period of 2016, but higher than 1.40 per cent recorded in the second quarter of 2017. In real terms, the transportation and storage sector contracted by 6.25 per cent in Q3 of 2017. This rate represented a decline of -6.98 percentage points relative to the same quarter of the previous year and a decrease of -0.07 percentage points relative to the preceding quarter. Quarter-on-Quarter, growth was put at 11.30 per cent in real terms. The contribution of the sector to real GDP in the third quarter of 2017 totalled 1.11 per cent, a drop from 1.20 per cent recorded in the previous year, but higher than 1.09 per cent recorded in the second quarter of 2017. The information and
Q2 growth revised to communications sector comprising the four activities of telecommunications and information services; publishing; motion picture, sound recording and music production; and broadcasting, declined in nominal terms contracted by 2.66 per cent (year-on-year) in the third quarter of 2017, a -11.92 percentage points decrease from 9.26 per cent recorded in the same quarter of 2016. This was also -5.31 per cent points lower than the rate recorded in the preceding quarter while the quarter-on-quarter growth rate was put at -15.87 per cent. The information and communications sector contributed 8.69 per cent to total nominal GDP in the third quarter of 2017, lower than the 9.91 per cent recorded in the same quarter of 2016 and 11.26 per cent in Q2 2017. The sector slowed by -4.48 per cent in real terms year on year in Q3 2017. From the rate recorded in the corresponding period of 2016, there was a decline by -5.58 percentage points while quarteron-quarter, the sector recorded a contraction of 15.77 per cent in real terms. Of the total real GDP, the sector contributed 9.56 per cent in the third quarter of 2017, lower than the same quarter of the previous year and the preceding quarter by 10.15 per cent and 12.37 per cent respectively. Similarly, nominal growth in the arts, entertainment and recreation sector was put at 3.45 per cent in the third quarter 2017 (year-on-year), representing a decrease of -9.35 percentage points relative to the same period a year earlier, and a decline 1.82 percentage points compared with the preceding quarter. On a quarterly basis, growth was recorded at -11.74 per cent. The activity contributed 0.19 per cent to total nominal GDP, lower from the 0.20 per cent recorded in the third quarter of 2016 and equally lower than the 0.23 per cent it contributed in the preceding quarter of 2017. In real terms, the activity grew by 0.44 per cent year-on-year, which was lower than the rate recorded in third quarter of 2016 by -1.54 percentage points, but higher by 1.06 percentage points when compared with that of the preceding quarter. Quarter-on-quarter, growth decreased by -11.75 per cent in real terms. The arts, entertainment and recreation sector’s contributed 0.18 per cent to real GDP in the third quarter of 2017, which was relatively lower compared with 0.19 per cent recorded in the previous year and lower than the 0.23 per cent recorded in the second quarter of 2017.
Presidency Attributes Growth to Policies Reacting to the GDP growth numbers released yesterday by the NBS, the presidency said the general improvement in economic output was triggered by improvements in the oil, agriculture and industrial sectors. A statement by a media aide in the presidency, Mr. Laolu Akande quoted the Special Adviser to the President on Economic Matters, Dr. Yemi Dipeolu as describing the improvement as a continuation
of the 0.55 per cent (revised to 0.72 per cent) growth recorded in Q2 2017, which led Nigeria out of the recession. Akande said the Muhammadu Buhari administration welcomed the new growth figures and will continue to work diligently to ensure inclusive growth. He said Dipeolu listed the factors that aided growth during the third quarter of the year to include the Social Intervention Programme, Anchor Borrowers’ Scheme, longstanding Budget Support Facilities to the States, plus other bailout packages, which ensured the comprehensive payment of workers’ salary and pension backlogs, among others. “Equally, the federal government will be ramping up the implementation pace of the Economic Recovery and Growth Plan,” Akande said. Dipeolu, who described the 1.4 per cent GDP growth rate as a steady continuation of the positive growth recorded in the second quarter of this year, observed that it was consistent with improvements in other indicators. “The positive growth in Q3 was consistent with the improvements in other indicators. Foreign exchange reserves have risen to nearly $34 billion while stock market and purchasing managers indices have also been positive. “The naira exchange rate has stabilised while inflation has declined to 15.91 per cent from 18.7 per cent in January 2017. While inflation is not declining as fast as desirable, it is approaching the estimated target of 15.74% for the year in the Economic Recovery and Growth Plan. “Agricultural growth was 3.06 per cent in the third quarter of 2017, maintaining the positive growth of the sector even when there was a slowdown in the rest of the economy. “The industrial sector grew at 8.83 per cent mostly due to mining and quarrying. The oil sector grew very strongly as forecast in the ERGP and partly as a result of the policy actions in the plan to restore growth in the sector. “The service sector is yet to recover but should soon begin to be positively affected by improvements in the real economy and the effects of the Continued on page 8
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Ekwueme, Political Engineer, Takes Final Bow Bolaji Adebiyi in Abuja Last Sunday night, Nigeria lost another political giant, who many people have described as a principled and brilliant politician, a distinguished elder statesman and a man of peace. Alexander Ifeanyichukwu Ekwueme, better known as Alex Ekwueme, died in a London clinic, aged 85. Though he passed on at a ripe age, he probably would have lived longer had the nation’s health system been more efficient and capable of dealing with his essentially rudimentary ailment. Suffering from a chest infection, the first elected Vice-President of the Federal Republic of Nigeria collapsed at his Enugu residence at the tail end of last month and had to be rushed to a nearby neurosurgery hospital, where he slipped into a coma. The best the doctors could do was to stabilise him. They could not cure him. He had to be ferried abroad in an air ambulance made possible through the intervention of President Muhammadu Buhari. He could not make it back, joining the elongating list of Nigerian statesmen who have died abroad from minor ailments. Yet at his ripe age, Ekwueme would have loved to pass on peacefully at home, in a country that he had served so diligently and patriotically. He had crept into the political consciousness of Nigerians in 1979 when he emerged as the running mate to the National Party of Nigeria
Late Ekwueme
TRIBUTE (NPN) presidential candidate, Alhaji Shehu Shagari, in that year’s general election that ended 13 years of military rule in the country. As vice-president, he was known to have worked harmoniously with his boss, helping to smoothen the reintegration of the South-east into national politics as he skillfully negotiated the return of erstwhile Biafran leader, Chief Chukwuemeka Odumegwu Ojukwu, from exile. Many political analysts would recognise that singular move, which saw Ojukwu enter the political fray on the side of the ruling NPN against his kinsman, the Dr. Nnamdi Azikiwe-led Nigeria Peoples Party (NPP) that was dominant in the South-east, was the most concrete evidence that was needed by his Igbo ethnic bloc to believe that their political
rehabilitation and reintegration in Nigeria was indeed possible. Ekwueme’s national integrationist politics and bridge building fervour would become more apparent after the military ended democratic rule in 1983 and installed a dictatorship that circumscribed the basic freedoms of Nigerians. Hauled into jail along with a horde of allegedly corrupt politicians of the Second Republic, his military traducers headed by then Major-Gen. Muhammadu Buhari had no option than to release him, having found nothing incriminating against him even when he was number two in the hierarchy of a leadership reputed more for its gross financial misdemeanour. His high moral ground was perhaps what he needed to stand tall among his peers in the struggle for the restoration of democracy in the 1990s as politicians and civil society groups stood up to the military rulers, whose sojourn in power had been shown to be no less self-serving than their civilian counterparts that they shoved out of power more than a decade earlier. During that struggle, Ekwueme made outstanding contributions that have become his significant legacy. At the 1995 General Sani Abacha National Constitutional Conference (NCC) in Abuja, the former vice president exhibited a rare political brilliance, proposing a power-sharing arrangement that sought to engender equity and justice in power relations
in the country. Delineating the country into six geo-political zones, Ekwueme proposed that presidential power should rotate among the zones. His proposal, which was accepted by the conference, ameliorated the fears of domination in the South by the North as it not only balanced the federation but also provided an equitable basis for ascension to power. Although the proposal never made it into the subsequent constitutions, it remains till date, the basis for power sharing among the various zones in the country. Meanwhile, as the military became more autocratic and repressive in the face of mounting opposition to their rule by Nigerians, it was Ekwueme that rallied the critical political stakeholders massed in the G-34 that provided the political leadership for the final civilian rebellion. The group would later metamorphose into the Peoples Democratic Party (PDP), which took the reins of government from the military and sustained democracy for 16 unbroken years before it was ousted from power two years ago. In these two ways, Ekwueme merited the accolades of a founding father of Nigeria’s nascent democracy, a principled politician and an elder statesman with an uncommon integrity. Yet, he could not have been otherwise given his rich educational background that most probably moulded his penchant for service. Clearly one
of the most educated Nigerian political leaders, Ekwueme was educated at the King’s College, Lagos, from where he went to the University of Washington to study Architecture and City Planning. With a Fulbright scholarship in his pocket, he earned a Bachelors of Science degree. He also took a Masters degree in Urban Planning and later obtained a PhD in Architecture from the University of Strathclyde. A compulsive knowledge seeker, the elder statesman also obtained degrees in Sociology, History, Philosophy and Law from the University of London. He was also a Barrister and Solicitor of the Supreme Court of Nigeria. Before he came into politics, he had worked and done business. An illustrious architect, he began his professional career as an Assistant Architect with a Seattle-based firm, Leo A. Daly and Associates and later worked with a London-based firm, Nickson and Partners. Returning to Nigeria, he worked briefly with ESSO West Africa, Lagos where he was in charge of the Construction and Maintenance department. He founded his own company, Ekwueme Associates, a firm of Architects and Town Planners. It was the first indigenous architectural firm in the country, which in little time grew its branches to about 12. His firm and businesses gave him wealth, which he lavishly deployed in his community, helping the needy. His Education
Trust Fund helped train many children up to university level. For his philanthropy, his people made him the Ide of the Oko Kingdom in Anambra State, where his younger brother, Lazarus, also a man of letters and artist, is the traditional ruler. He was also honoured by the Council of Traditional Rulers in the old Aguata as the Ide of Aguata Local Government Area of Anambra State comprising 44 towns. Ekwueme was also honoured with the Order of the Republic of Guinea and Nigeria, as well as Grand Commander of the Order of the Niger (GCON), the nation’s second highest national honour. His services transcended Nigeria. He led the Organisation of Africa Unity (OAU), the precursor to the African Union (AU), observer team to the Tanzanian presidential and parliamentary election in 2000 and was the co-leader of the 28-member NDI/Carter Centre sponsored observer team to the Liberian presidential run-off election in 2005. He was also a member of the Economic Community of West African States (ECOWAS) Council of Elders as well as the leader of the team assembled by the National Democratic Institute (NDI) for pre-election monitoring for the parliamentary election in Zimbabwe in 2000. Ekwueme was married to Beatrice on December 19, 1959, who had beautiful children for him.
NIGERIA MOURNS POLITICIAN PAR EXCELLENCE, ALEX EKWUEME he suffered what his family described as a chest infection and slipped into a coma in Enugu where he had resided. Confirming his passing yesterday, a statement by his family and signed by his brother and traditional ruler of Oko community in Anambra State, Igwe Laz Ekwueme, said that the former vice-president died at 10 p.m. on Sunday. The statement said: “Ekwueme family regrets to announce the peaceful passing away of their patriarch, the former VicePresident of the Federal Republic of Nigeria Dr. Alex Ifeanyichukwu Ekwueme, GCON. “The sad event occurred at the London Clinic at 10:00 pm on Sunday 19th November 2017.” Reacting to his demise, Buhari immediately sent condolences to Nigerians and to the government and people of Anambra State, on the passing away of Ekwueme. A statement by Buhari’s spokesperson, Femi Adesina said the president “commiserates with the entire Oko Kingdom, the Aguata Council of Traditional Rulers, and the Ekwueme family, over the loss of the family’s
patriarch, whose regular counsel on national issues and mediations for peaceful co-existence would be sorely missed”. The president said Ekwueme’s unwavering commitment to the unity of Nigeria had been a major encouragement to many governments, recalling the personal sacrifices he made in helping to lay the foundation for sustainable democracy in Nigeria. “President Buhari believes Dr. Ekwueme worked assiduously to improve the livelihood of many poor and underprivileged people through the Alex Ekwueme Foundation, describing him as a man who served his country and humanity. “The president prayed that the Almighty God will receive the soul of the former vice-president, and grant his family the fortitude to bear the loss,” the statement said. Similarly, Second Republic President, Alhaji Shehu Shagari who was Ekwueme’s boss, yesterday commiserated with Nigerians over the death of the former vice-president. Continued on page 43
EKWUEME IN HIS HEYDAYS
The late former Vice-President Alex Ekwueme (left), being welcomed to the parade ground by the then Chief of Defence State, Lt.Gen. Alani Akinrinade on October 1, 1980, to mark Nigeria’s 20th Independence Day celebrations Njǐljƾǃ ljǀǒǎNjƼNjǀǍ ƼǍƾǃDŽǑǀǎ
ALL EYES ON MPC AS GDP GROWTH DOUBLES TO 1.4% IN Q3 dedicated and focused capital spending of over N1.2 trillion on infrastructure by the federal government. “It is expected that the economy will continue to grow given these developments and the reforms and improvements in the business environment shown by the upward movement of 24 places in the recently released World Bank’s Ease of Doing Business report which was better than the target of 20 places specified in the ERGP.
“The overall picture that emerges is that the economy is on the path of recovery. As inflation trends downwards and with the steady implementation of the ERGP, real growth should soon be realised across all sectors in a mutually reinforcing manner,” Dipeolu stated.
All Eyes on MPC Also commenting on the NBS report, the director general of the West West African Institute
for Financial and Economic Management, Prof. Akpan Ekpo yesterday urged the Monetary Policy Committee (MPC) of the central bank to commence gradual easing of its monetary policies at its meeting today. “If I am still part of the MPC, I will vote for a reduction of the interest rate to about 13 per cent. GDP growth is now 1.4 per cent and inflation has come down to about 15 per cent. So now, the CBN should support that fiscal push by lowering the
interest rate. “The forex market is stable at about N360 to a dollar. So, this is the time for monetary policy to be accommodative. But we must not forget that we are still in an era of stagflation because unemployment is still very high, and inflation is still at double-digits. “So, in the long run, we still need to make sure that the structure of our economy changes,” Ekpo who was a former MPC member stated.
Also, the chief executive of Financial Derivatives Company Limited, Mr. Bismarck Rewane, stressed the need for the central bank to loosen its tight monetary policy. According to him, the fact that all other sectors in the GDP report apart from oil and agriculture were negative, should be a source of concern to the MPC. “So, if you take away oil, we are technically still in a recession and that is because our interest rate is still high. So, the central
bank needs to bring down the interest rate. “All the interest rate sensitive sectors showed negative returns. The central bank must understand that it is time to bring down the interest rate. You can’t wait for the patient to get well before you begin treatment. “The central bank is the only doctor I know that is saying the patient should get well before they can administer medicine. It is time to give a boost to the economy,” Rewane argued.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
WHERE IS THE PLACE FOR INCLUSION? Simbo Olorunfemi argues that Nigeria preaches inclusion, yet practices exclusion
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he walls are closing in upon us. The spaces are all but gone. The land is balding, the green fast disappearing around us. We are pushing others away, whereas we should be pulling them to ourselves. Whereas the walls should be going down, we are too busy putting up fences. We are erecting statues whereas we should be levelling false gods, making the fields plain. We are electrifying the fences and putting on the barbed wires whereas we should be breaking barriers. We are preaching inclusion, while practising exclusion. We are yearning for warmth, while freezing ourselves within. We are losing our souls. We are too engrossed with ourselves. We are losing the capacity for inclusive thinking. We are so consumed by the here and now that we are losing the essence of today. We no longer seem to remember that today is only a seed in our hands for the sake of our tomorrow. We have eaten our seeds and we are now taken residence in the silos, busy eating tomorrow, today. We are no longer thinking about tomorrow, too busy eating everything in sight to be able to think straight. We have lost our senses in our pursuit of lucre by all means. Now, we no longer remember that societies are supposed to be deliberate constructs framed with a mindset to protect today and preserve tomorrow. We are pushing and shoving, without regard for essence. We are carrying on without a mental map of where we are headed. Perhaps, some are actually in the know on where the ship is headed and are only in active pursuit of what can be grabbed today, convinced there is really no tomorrow. But then, I doubt that the majority are in that ship. Most are in this other ship marooned in the middle of nowhere, lost to itself, to the shock and consternation of the world. In it are people busy quarrelling over nothing and everything to be able to agree on common sense as compass to navigating their way out of troubled waters. Whereas the time calls for inclusive thinking and action so we can make it home in peace, we are pulling apart, forming cliques, falling back to the arms of primordial sentiments of ethnicity, religion and other alliances, scrambling for pieces. We are fixated on the Captain whereas we have as more of a stake, should the ship sink. Some are perched under the table, eating away like there is no tomorrow, while preaching austerity. Some have been busy, over the decades, building up storehouses from funds looted from public treasury, without regard for the fate of the ship or what becomes of tomorrow. But it has not always been as desperate and stark as it has been, of the last two decades. Whatever one might say of the political leadership which managed the affairs of the country in the immediate years after the civil war, there is little doubt that there was some thought on their part of the need to engineer a more inclusive Nigeria. Whatever has been made of the National Youth Service Corps scheme and the idea of the Unity Secondary Schools, the thought, at that time, of creating institutions to purposely integrate younger generation of Nigerians to enhance their understanding of people of other ethnicities and cause them to live as part of communities they might have never visited but for the schemes, is one that can be hardly faulted. Even the much-maligned federal character principle, derisively dismissed as ‘quota system’ by some, sits on the foundation of inclusiveness. The idea that the recruitment process into the Federal Civil Service, military, paramilitary organs, departments and agencies of government as well as appointment of ministers should be governed by a regime of balance across all states of the federation came out of the desire to entrench fairness and a spirit of inclusion in a country struggling for
WHEREAS THE TIME CALLS FOR INCLUSIVE THINKING AND ACTION SO WE CAN MAKE IT HOME IN PEACE, WE ARE PULLING APART, FORMING CLIQUES, FALLING BACK TO THE ARMS OF PRIMORDIAL SENTIMENTS OF ETHNICITY, RELIGION AND OTHER ALLIANCES, SCRAMBLING FOR PIECES
balance between centrifugal and centripetal forces, even if this has opened the door to some forms of abuse. What is strange, however, is that we have descended from the heights of a time of deliberate thought and design of mechanisms to engender inclusion, at different levels, into one where the default thought and setting seems to be one of alignment with exclusion, whatever the cause, everywhere we turn. The other day, we were at the mall. Soon, the talk shifted to the fate of the bookshop there. It was noon, yet it was a punctuation of darkness in a sea of bright lights. The bookshop, set up in 1975, managed by a family that has dedicated itself to the promotion of arts in ways no other has done, is battling to keep the business going in the age where the spaces are fast disappearing and the walls are unapologetically closing in. An institution with such history behind it might just go under, unable to cope with the enormous cost of competing in the same space as strictly for-profit ventures. We have built a mall without regard for inclusion. Where is the space specifically set apart to cater for arts, books, etc., in the private and public spaces? The bookshop has to compete for space with the banks and retailers of luxury goods. Who wins such a contest? Where is the space in our minds, in the public space, credit system, tax regime, waivers and subsidy for social enterprises? We have been to other parts of the world and right there at the heart of the most exclusive real estate, top-range airport terminals of the world, the bookshop manages to find space next-door to the luxury goods merchant. What model is at work that allows for that? Where is the space for the dreams and the dreamers? Where are the playfield for the thinkers and innovators? Where are the innovation parks and innovation cities around us? Where are the creative parks? How does a start-up compete for same space with the banks, seeing that every other building is occupied by one? Where did we get this model of faceless capitalism that tucks its head in the sand thinking all that matters is the pursuit of profit? Where is the place of inclusion? Cape Town, South Africa, recommends itself to me in two ways. The history is there in the present – how a city and infrastructure network can be deliberately configured to include some and exclude others. How discriminatory spatial planning can result in deliberately setting people apart. But therein lessons to be learnt. We see, first hand, the lingering legacy of such evil thought and design in the now with shanties sitting only a few metres from the airport and some of the ‘townships’ bare of basic necessities yet seated next door to shrines of modernity. That is what exclusion does. It gives birth to a tomorrow where destinies of the included and excluded are so far apart that the good fortune of the included comes under threat from the excluded. Exclusion has a way of waiting down the line with its repercussions. But in South Africa, some efforts are, at least, being made to redefine communities “where integration is felt on all terrains: working, living, socialising and shopping in an area that is safe, accessible, of mixed usage and allow for the integration of all economic classes and races.� It is then to Cape Town that we return for inspiration on a possible model for economic inclusion, one that has leg room for the promotion of entrepreneurship and innovation, creating opportunities for the informal sector and small businesses while serving to reorganise and regenerate spaces. One of these interventions is the Philippi village, “a space where two worlds – that of the Philippi township and the rest of Cape Town – can meet and interact.� Olorunfemi works for Hoofbeatdotcom, a Nigerian Communications Consultancy
NIGERIA AND SMOKE OF CORRUPTION Corruption is still pervasive in the system, argues Godwin Etakibuebu
“As it was in the beginning so it is and so shall it be, a world without end – amen.� he above is a quote l heard of, somewhere in the past, except that if l am put under pressure to authenticate the source, l would surely fail the test because l cannot actually remember where l heard, or read about it. The quote however stands to justify the topic we are dealing with, to wit: smoke of corruption everywhere in Nigeria. Corruption, either its connotation in academic interpretation or definition in practice, is well known to all. We therefore would not need help from anyone to tell us what it is, either from former President Goodluck Jonathan’s interpretation of “corruption and thief [Ole – Yoruba language for thief]� or President Muhammadu Buhari understanding of it. Let us touch briefly on the meaning of corruption as we all understand it as such will help in simplifying the task of this exercise. *Inducement by improper means – like bribery – as of public official, both in public or private sectors. *To violate duty as by committing a felony
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[like saying that ‘he was held on charges of corruption and racketeering’] *Destroying someone’s [or some group’s] honesty or loyalty; undermining moral integrity. *Moral perversion, impairment of virtue and moral principles, degeneracy, depravation, depravity or putrefaction. *Lack of integrity or honesty [especially susceptibility to bribery] use of a position of trust for dishonest gain, corruptness - which is opposite of incorruptness or incorruption -. *Decay of matter [as by rot or oxidation]. *In a state of progressive putrefaction, putrescence, putridness or rottenness [like compensating the dismissed Secretary to the Government of the Federation; David Lawal Babachir, by appointing his cousin, Boss Mustapha, as the SGF, according to a very strong voice from the North]. In addition to the above, there are more ways of defining corruption, more so if we understand and accept the fact that the word itself is taken from the word corrupt. What does it mean to be corrupt? *Lacking in integrity [like the integrity of some ministers was called to question in the dubious role they allegedly played in
the recall of Alhaji Abdulrasheed Maina – a man dismissed from the Civil Service in 2013 and was brought back to service on promotion]; *To be touched by rot or decay or to be tainted. *Containing errors or alterations or corrupted. *Not straight, dishonest or immoral or evasive, crooked. *Alter from the original, spoil [like budget padding, either from the ministries through the presidency or at the National Assembly] *Place under suspicion or cast doubt upon, defile, sully, taint, cloud. *Make illegal payments to in exchange for favours or influence, bribe, buy, grease one’s palms [like the allegation making the rounds that the Presidential staff collected N500 million from MTN for reduction of the latter’s fine]. *Corrupt morally or by intemperance or sensuality, pervert, subvert, demoralise, debauch, debase, profane, vitiate or deprave. Like the thick haze of harmattan, nearly all the definitions above are all over the Nigerian landscape in a frightening proportion, though the ruling political party, the All Progressives Congress, President Buhari
and the federal government would contest this fact. It is for this reason that a few illustrations might help in establishing the reality of this assertion. A few months ago, President Buhari astutely defended the late Head of State, General Sani Abacha, saying that he [Abacha] was not a thief and he did not loot Nigeria’s money. But just last two weeks, the Attorney General of the Federation and Minister for Justice, Mr. Abubakar Malami, admitted the return of $86 million, “being part of the Abacha loot�, to Nigeria through the Federal Executive Council’s “ratification� [PMB presided over the council on the day in question]. What that translates to is the fact that Sani Abacha, unlike the testament of PMB, was a thief who looted Nigeria’s wealth while he presided as head of state. For the records, another $300 million, part of his [Abacha] loot is being processed for repatriation to Nigeria from Switzerland. Is aiding and abetting corruption or the act of defending a thief, against all proven evidences of stealing, not itself an act of corruption? Etakibuebu, a veteran journalist, wrote from Lagos
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EDITORIAL THE RANKING OF NIGERIA POLICE FORCE The report is a wake-up call that the police could do more
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ollowing a damning report by the 2016 World Internal Security and Police Index (WISPI) that ranked it as the worst in the world, the Nigeria Police Force has reacted rather angrily. However, while we do not vouch for its accuracy, we nonetheless believe that it will be much more productive for the police authorities to use the content of the report as a basis for improving on their performance. Coordinated by the International Police Science Association and the Institute for Economics and Peace which assessed police in 127 countries across four key areas (capacity, process, legitimacy and outcomes), the Nigeria Police were adjudged to have underperformed on all four domains, with a score of 0.255. “There are 219 police ofďŹ cers for every 100,000 Nigerians, well below both the Index median of 300, and the sub-Saharan Africa region average of 268,â€? said the report adding, this limited “the capacity of the force to measure NOBODY CAN DENY THAT up to its law and THERE IS A GROWING order mandate.â€? LACK OF CONFIDENCE IN The report THE CAPABILITY OF THE further stated that POLICE TO PREVENT AND in terms of process, legitimacy and CONTAIN INSECURITY IN outcomes,â€? the THE COUNTRY story is not different which makes the force fall short of the required standard. High levels of political terror have been an issue for Nigeria since 1993, with the country scoring a four on the Political Terror Scale every year since then.â€? But in disputing the report, the police authorities argued that “in checking excesses within the force, a lot has been done in that regard. So we want Nigerians to disregard the report in its entirety because it doesn’t reect the achievements of the force.â€? This newspaper has always stood for the men and ofďŹ cers of the Nigeria Police because we believe what they do is a herculean and dangerous
Letters to the Editor
job as they confront the brutalities that the rest of society only imagine or watch on television from the comfort of their homes. We also sympathise with the fact that most often, all they get for their efforts are criticisms from the same people they are expected to serve. But nobody can deny that there is a growing lack of conďŹ dence in the capability of the police to prevent and contain insecurity in the country.
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TO OUR READERS Letters in response to speciďŹ c publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.
ATIKU AND GOV BINDOWO’S TROUBLES
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he police authorities must therefore sit up to the challenges of a global security system where high tech ďŹ ghting techniques as well as intelligence sourcing of information provide a basket of reliable and result-oriented strategies. To readdress the threat posed by the swelling militarisation of the country and the long-term effects, we need to strengthen the Nigeria police to be effective and efďŹ cient--both in terms of its professionalism and structure, so that it sustains the capacity to carry out its constitutional responsibility of maintaining law and order. Even if the authorities dispute the WISPI ranking, it is our hope reports like this will help to contain the culture of brutality, especially when it comes to dealing with the civil populace. It is important to let the police know that treating people with contempt, hostility, or excessive force does not in any way advance the cause of law enforcement. It actually hinders it. Besides, there are parts of the WISPI report that are beyond the remit of the police authorities and they speak to the challenge of our federal structure. That a nation of more than 170 million people would rely on a police force of about 300,000 men and ofďŹ cers does not indicate any seriousness. Given the foregoing, it is imperative for both the police and those who superintend the security apparatus of state to examine the WISPI report with a view to seeing which areas need improvement. It should be taken as yet another wake-up call in the efforts to make Nigeria safe for all.
ormer Vice-President Atiku Abubakar has commenced an aggressive campaign for his quest to be President of Nigeria come 2019. The ‘game’ has started from Atiku’s home state of Adamawa, with the hijacking of the Peoples Democratic Party (PDP) in the state by Atiku’s foot soldiers. Atiku, the Waziri Adamawa, is now in absolute control of PDP in Adamawa State. This will be troubling times for Governor Mohammed Umaru Jibrilla Bindowo. Governor Bindowo troubles will not directly come from Atiku’s imminent return to PDP, but from the governor not being on the same page with the other All Progressives Congress (APC) critical stakeholders. Governor Bindowo knows very well that without the support of the bigwigs groups in Adamawa, winning the governorship seat is a day dream. Despite having recorded commendable successes in road infrastructure, Mr. Bindowo’s approach to development has not favoured the common man while his politics has been dysfunctional. Bindowo’s development style has not favoured the common man because Adamawa is a rural and poverty-ridden state with most of its citizen relying heavily on either farming or civil service. Most, if not all of the governor’s policies, have not targeted any of these two. Bindowo has failed woefully; his failure to manage the widening division within his own party and the growing disconnect between him and some political bigwigs in the state. Governor Bindowo erred by sidelining many members of the legacy parties- ACN, CPC and the ANPP. The only political bigwig the governor rollicks with is Atiku. Atiku who joined the APC very late has four commissioners in Bindowo’s
cabinet- that of Commerce, Health, Land & Survey, Justice, and the SSG. In fact, the governor and his few lieutenants have cornered everything and anything while other important stakeholders are just doing ‘siddon look’. Governor Bindowo appears ‘self-assured’ in the murky waters of Adamawa politics because he thinks, once one has Atiku’s group on his side, most political opponents can easily be dealt with because of Atiku’s immense war chest and history of successes in political legal battles. Now that Atiku and his men have left the APC to PDP, Bindowo is in big political trouble. To stay afloat, he has only three options: follow Atiku to the PDP, which means he would lose APC governorship ticket, including the governorship seat and the ‘Aso Rock ears’. Second option is to seek truce with the other critical stakeholders whom he has earlier discarded - the possibility of winning them back is slim. Time is very short, they will also feel the governor sees them as very cheap and can be easily bought over. With elections time near, few weeks back, Mr. Bindowo publicly asked for forgiveness from former governor Murtala Nyako, but Senator Commander Abdul Aziz Nyako cast doubt on Bindowo’s remorse. Senator Abdul Aziz may be right because, often, Gov Bindowo preaches fasting but practices gluttony - he is with President Buhari in the day, while with Atiku in the night. The third option for Bindowo is to quietly remain in the APC but seek a return to his Senate seat, while leaving the governorship seat to the other stakeholders apart from the Atiku group. Zayyad I. Muhammad, Jimeta, Adamawa State
STUDENTS AND THE ITF
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et me start by accusing both the present and the former Director Generals of the Industrial Training Fund of diverting the allowances of students who participated in the Students’ Industrial Work Experience Scheme (SIWES). The scheme was established to enable students work with different institutions and acquire practical knowledge before graduating from school. The ITF is equally supposed to give financial support to the students while participating in the scheme. Therefore, it is unfair that students’ allowances can no longer be paid by ITF’s Office. At this point, I must applaud Hon. Kinsley Chinda, a member, House of Representatives from Rivers State for moving a motion that necessitated the probe of the ITF regarding unpaid allowances of students. I had petitioned the EFCC concerning the same issue of unpaid allowances but to my surprise, nothing has been done about it. The same EFCC that is supposed to investigate my claim of corruption against the office of ITF frustrated my effort and finally told me that my petition did not fall within its rule of engagement and that I should proceed to court. It was funny because I heard severally from the EFCC that the members of the public should contribute to fighting corruption by reporting corrupt persons and institutions to its offices. Awunah Pius Terwase, Mpape, Abuja
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T H I S D AY ˾ TUESDAY, NOVEMBER 21, 2017
POLITICS
Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 08033146139 SMS ONLY
EXECUTIVE BRIEFING
Still a Terrorised Nation The report of the Global Terrorism Index indicating that Nigeria recorded a substantial drop in deaths from Boko Haram attacks, is a welcome development. Cheering as the news is, it is too early to celebrate, as some parts of the country are not yet free from terrorist attacks, writes Shola Oyeyipo
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he President Muhammadu Buhari’s All Progressives Congress (APC) attained power on the tripod of three broad promises: to end insecurity, fight corruption and to re-engineer the economy. If one defines ending insecurity narrowly to mean fighting Boko Haram terrorists, then Buhari has done quite well. However, if ending insecurity means stopping killers herdsmen, kidnappers and other criminalities, then the president has failed. In the fight against terrorism, the government has recorded some remarkable achievements. Remarkably, the Global Terrorism Index (GTI), a globally recognised report published annually by the Institute for Economics and Peace (IEP), which provides a comprehensive summary of the key global trends and patterns in terrorism since 2000, revealed that for the second consecutive year, the total number of deaths is down by 13 percent compared to 2015., with Syria, Pakistan, Afghanistan and Nigeria; four of the five countries most affected by terrorism, recording 33 percent fewer deaths. It stated that Nigeria recorded the largest reduction in deaths attributed to Boko Haram in 2016. According to the report, deaths from terrorism activity in Nigeria fell by 80 per cent. This is no doubt a result of the commitment of the incumbent administration to stamp out Boko Haram. This impressive statistics notwithstanding, Nigeria still lost quite a number of its citizens to terrorist related attacks during the year under review. On January 7, at least five soldiers were killed by Boko Haram fighters at an Army base in Buni Yadi, Yobe State. The following day, two people were killed in a residential area in the Kaleri area of Gwange, Borno State after an attack by two female suicide bombers. Shortly before these two attacks, three suicide bombers, all male, attacked a military checkpoint in the area, killing themselves and a civilian self-defence fighter when they detonated a vest bomb. On January 13, armed me attacked the 119 Battalion and 133 Special Forces Battalion of 7 Brigade deployed to Kangarwa, Kukawa Local Government Aea, Borno State and three soldiers were killed. 10 Boko Haram fighters were also killed. That same day, four suicide bombers attacked in Madagali and killed at least five civilians. A twin-attack on the premises of the University of Maiduguri (UNIMAID) on January 16 left three people, including Professor Aliyu Mani, the director of the university’s Veterinary Teaching Hospital, dead. Also, on January 23 , eight people were killed and countless kidnapped when Dzaku village of Askira-Uba Local Government Area, Borno State, was invaded by Boko Haram fighters. Two suicide bombers trying to make their ways into a mosque detonated their vests and killed a civilian member of the Joint Task Force in Borno on January 25. Amidst contested casualty figure, on January 28, seven persons lost their lives along the.Maiduguri-Biu highway in what was a Boko Haram terrorists’ attack. On January 31, a suicide bomber attacked a mosque in Dalori quarters, close to UNIMAID, during morning prayers and killed one person. Later, five United Nations contractors; a Kenyan, a Cameroonian and three Nigerians were killed March was not better either. Though official reports pegged death toll at about 50 within the two months, there were no reliable information on the number of people killed or kidnapped as some young girls were abducted during attacks. The actual numbers of those who sustained injuries could not be ascertained. Going further, in a data compiled by Amnesty
Buhari winning the war against Boko Haram
International, at least 223 people were killed in Boko Haram attacks in North-east Nigeria between April and September. In fact, 11 persons were killed, three persons injured and four boys abducted by Boko Haram insurgents at the Internally Displaced Camp in Banki, Borno State, a border town with Cameroon. Most of the attacks were in Borno with many of the suicide attacks carried out by radicalised women and girls. Up till date, not anyone can say for sure whether or not there will be another suicide attack or who will be the next victim. So, despite the gains by the military, Boko Haram has continued to carry out attacks in soft targets. These attacks made it difficult for internally displaced persons to return to their homes. As at December last year, Borno, Adamawa and Yobe states had the largest number of IDPs, with approximately 1.68 million persons, including approximately 528, 000 IDPs in Maiduguri
This impressive statistics notwithstanding, Nigeria still lost quite a number of its citizens to terrorist related attacks during the year under review
Metropolis, Borno State. This has resulted in a critical humanitarian situation that is not showing any sign of ending anytime soon due to the large scale of the displacement, and the ongoing instability in some local government areas (LGAs) in the North-east. Despite the fact that the military have done so much to liberate communities that were under the terrorist control, the Borno State Government recently expressed concern over the fact that no fewer than 350, 000 internally displaced persons have refused to return to the liberated communities but chose to remain in the IDP camps for fear that the insurgents may strike again. The state’s Commissioner for Local Government and Emirate Affairs, Mallam Usman recently told journalists that though the military had secured several communiities, over 350, 000 of the displaced persons have refused to return to their communities to pick up their lives but remained in Maiduguri resettlement camps. He therefore urged the Nigerian Peace Corps (NPC), National Orientation Agency (NOA) and the media to sensitise the IDPs in camps to return to their communities, since the Kampala Convention disallows forceful ejection of IDPs. Many Nigerians, including the Chief of Army Staff, Lt-Gen Tukur Buratai, have also been concerned about the decision of the displaced persons to remain in camps. “The most important thing for the military is to ensure that all displaced persons return to their towns and villages. But I wonder, why the IDPs are still living in camps of Maiduguri metropolis,” Buratai said during the flag off of the medical outreach of Nigerian Army at the NYSC orientation IDPs’ camp on Damboa road, Borno State.
However, no one should blame them for refusing to go home. The terrorists are still raiding vulnerable rural communities in the northeast. Another dimension to the terrorism debate is that the decision of the federal government to proscribe the Indigenous People of Biafra (IPOB) and labelled the group as a terrorist organisation has again increased the number of terrorist organisations within the country in the eyes of the international community. This is more so because it is not clear that the demand for Biafra is anything that will die soon as as result of the proscription. So, any future engagement between IPOB and the Nigerian security forces will be considered as a fight with a terror group internationally and as such, this may retain the country on the list of terrorised nations much longer. Furthermore is the unresolved issue of the abducted Chibok girls. Going by the position of the president as contained in a letter he wrote to Pakistani child rights activist, Malala Yousafzai, he said his government would not claim victory over Boko Haram until all the kidnapped Chibok school girls were reunited with their families. No doubt, the government has shown doggedness, commitment and sincerity in ensuring the safe return of the Chibok girls, the reality is that a large number of the girls are still with the insurgents. Families and other well-meaning Nigerians have only kept their fingers crossed hoping that ongoing negotiations to secure the release of the girls would be successful. Ordinarily, an 80 percent decrease in Boko Haram related killings is a significant drop. This has reflected in jubilant expressions by most Nigerians who seek a quick end to the insurgence. However, many are still of the opinions that more still needed to be done to stop further waste of innocent lives by the terrorists. Nigerians in Diaspora under the auspices of Nigerians in Diaspora Monitoring Group (NDMG), were quick to express excitement over the latest GTI report on gains recorded in the fight against terrorism. NDMG president, Dr. Ibukun Ola, in a statement, said the report was an indication of great improvement in the fight against terrorism and that it was capable of boosting the image of the country and consequently attract the much required investors to the country. “Two things that the president did which is worth special mention is the order relocating the operational headquarters of the military to the North-east zone and the relocation of the service chiefs to those areas. This has added verve and seriousness to the fight and boosted the morale of the soldiers on the field. “We note particularity the report by the Global Terrorism Index and that of the BBC on the development which has confirmed Nigeria’s contribution to winning the war against global terrorism and other crimes against humanity. “Apart from pockets of largely unsuccessful attempts at soft targets, several Nigerian cities hitherto groaning under terror are beginning to forget what the sound of bombs and armed attacks feel like while life has returned to normal in many former war ravaged areas.” While Buhari must be commended for the success recorded so far in the war against terrorists, he can not afford to relax until total victory is achieved. On what the military should do to end the war, the Speaker of the House of Representatives, Yakubu Dogara tasked the military on effective intelligence gathering on terrorism. According to him, terrorist acts are best tackled through prompt and effective intelligence gathering and sharing by relevant security outfits.
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Quick Takes Lafarge Unveils Truck Driving School As part of efforts to promote safety in its operations, Lafarge Africa Plc, has said it is investing over 132 million to train hundreds of truck drivers in Nigeria. The first batch of 200 drivers, according to the company, will be part of a threeyear strategic training plan for 600 drivers. This initiative is the first of its kind in Nigeria. The Director Logistics at Lafarge, Bruno Hounkpati, said the primary aim of our driving institute is to model drivers’ behaviour from the outset while equipping them with adequate training for truck driving. “The school will improve the skill of drivers to ensure that they contribute to promoting safety on our roads. It will also promote professionalism among truck drivers and also create jobs with our third party transport companies,� he stated. In his remarks, the Head of the Driving School, Osaze Aghatise noted that one major way to reduce road related incidents is to raise the standard of driver training in operation and ensure drivers think about safety first and always while on the road. “This requires the right training and coaching to understand the risks involved in performing a task, to shape behaviors and to develop safety processes,� he added.
WAMCO Launches Peak 456
STRATEGISING FOR ENERGY SECURITY
L-R: Managing Director, Powergas Nigeria, Mr Pulak Sen; Principal Partner, Micek Consult, Mr Imo Ekpo; Chairman, Senate Committee on Power, Senator Enyinnaya Abaribe; and Managing Director, Idfon Ventures, UK, Mr Idowu Oyebanjo at the 2017 Future Energy Nigeria Conference held in Lagos...recently
FG to Complete Four NIPP Power Stations by End of 2018 Resumes talks with bidders on sale of three plants Ejiofor Alike The remaining four power stations being built under the National Integrated Power Project (NIPP) will be completed by the end of 2018, a source at the Niger Delta Power Holding Company (NDPHC) told THISDAY at the weekend. The federal government has also resumed talks with the preferred bidders for the privatisation of three stations, which was stalled in 2014 following the non-bankability of the power sector, among other market risks.
ENERGY THISDAY gathered that the 750-megawatt capacity Alaoji Power Station in Abia State, 225-megawatt capacity Omoku Power Plant in Rivers, 338-megawatt capacity Egbema Power Station in Imo State and the 225-megawatt-capacity Gbarain Ubie Power Station in Bayelsa State, which are at various stages of completion, would be completed by the end of 2018. A source at the NDPHC told THISDAY that all the four power stations, which
are being constructed by Rockson Engineering, would be completed in the first, third and fourth quarters of 2018. Some units of the four stations have been completed while work has been ongoing in the remaining units. “Since March 2015, all the gas units in Alaoji – 450 megawatts have been running. But the steam units to complete the generating capacity to 750 megawatts have not been completed. It will be completed in first quarter of 2018. Gbarain will be completed this year, while Omoku will be completed in
the third quarter of 2018,� he explained. The NIPP Scheme, which was originally designed in 2005 to build seven-medium sized power stations in the Niger Delta, was later expanded to include additional three power stations in the 676MW-capacity Olosunsogo II Power Plant built in Olorunsogo in Ogun State by SEPCO III Electric Power Construction Corporation of China; the 451MW-capacity Omotosho II Power Plant built by China Machinery EngineerContinued on page 22
Police to Set Up Anti-electricity Assets Vandal Response Squad Chineme Okafor in Abuja To curtail the rising cases of vandalism and theft of electricity assets across Nigeria, and sustain the operations of the industry, the Inspector General of Police (IGP), Mr. Ibrahim Idris, has approved the setting up of anti-electricity vandal response squad in all the police commands in the country. Idris’ approval of this new measure was disclosed by the Managing Director of Benin Electricity Distribution Company (BEDC), Mrs. Funke
ENERGY Osibodu, at the last monthly meeting of operators in the power sector in Asaba. Osibodu, in her opening remarks at the meeting, noted that vandalism and theft of electricity assets were big challenges to the distribution companies in the country, noting that the approval of the antielectricity vandal squad was a welcome development that could curb the menace. She said: “The Nigerian Electricity Supply Industry is currently passing through
very tough times, and there are challenges that we all face as members of the industry. Some of the ones that the distribution companies still must overcome to meet the set objective of delivering safe, reliable power in the locations and quantities required include vandalism of distribution assets and electricity theft.� “It is notable that we have received last week a notification that the Inspector General of Police has sent notification to all its commands across the country for them to set up an anti-electricity vandal
response squad. We thank the government for this response,� Osibodu added. She equally disclosed that the Nigerian Electricity Regulatory Commission (NERC) has begun the process of standardising fines that could be charged by distribution companies for infractions on their networks and operations by consumers, but added that there was still need for a legislation to criminalise electricity theft and grant expeditious adjudication of cases involving such. Continued on page 22
The Deputy Governor of Lagos State, Mrs. Oluranti Adebule has commended FrieslandCampina WAMCO for her Peak 456 healthy eating and lifestyle initiative, which she said would have a far-reaching effect on both the physical and mental development of the Nigerian child. She said this in a goodwill message delivered on her behalf by the Permanent Secretary, Lagos State Ministry of Education, Mrs. Adebunmi Adekanye, at the media launch of the initiative in Lagos at the weekend. “The future of every nation lies with her children. No nation can achieve greatness either economically or politically without the children, hence the need to ensure that children especially at their early stage in life are well nourished, healthy and educated� Adebule said. Speaking during a media briefing on the project, the Corporate Affairs Director, FrieslandCampina WAMCO, Ore Famurewa, disclosed that the Nigerian version of the programme is themed “Eating Healthy and Staying Active.� She noted that eating and lifestyle habits are formed during childhood and do last a lifetime. Hence, there is a need to educate and support children right from their formative years in order to inculcate healthy lifestyle and behavior among them.
SON Acquires Testing Equipment A high-powered ad-hoc committee made up of top officials of the Standards Organisation of Nigeria (SON) and other experts in the Oil and Gas sector has been inaugurated to sanitise operations in the nation’s Liquefied Petroleum Gas (LPG) industry. Inaugurating the team in Lagos, weekend, Director General, SON, Osita Anthony Aboloma, said the objective was to address the challenges and dangers faced by sub-standard petroleum products in the nation’s economy. In a related development, SON has taken delivery of modern testing equipment to tackle the incidence of gas explosions in the nation’s Oil and Gas Industry. According to the agency, it has been concerned about the incessant explosion, destruction of lives and property caused by substandard Liquefied Petroleum Gas (LPG) products hence its decisive step to acquire three state-ofthe-art pressure testing equipment in a bid to reducing the menace to the barest minimum.
“We cannot have anonymous ownership of companies, trusts and other arrangements designed to cover ownership of assets, and at the same time expect optimal results from anti-money laundering measures�
Vice President of Nigeria, Prof. Yemi Osinbajo
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BUSINESSWORLD FG TO COMPLETE FOUR NIPP POWER STATIONS BY END OF 2018
FG Plans Minimum Baseline Power Supply of 4500MW in 2018 Chineme Okafor in Abuja
ing Corporation (CMEC) in Okitipupa Local Government Area of Ondo State and the 434MW capacity Geregu II Power Station built in Ajaokuta, Kogi State by Siemens Nigeria Limited, which have all been completed. The remaining three completed stations include: the 451MW – capacity Ihovbor Power Plant built by Maurbeni Engineering West Africa Limited in Benin, Edo State; the 561MW-capacity Calabar Power plant at Ikot Nyong, near Calabar, also built by Maurbeni Engineering; and the 451MW-capacity Sapele II Power Plant built also by Maurbeni in Ogorode, Sapele in Delta State. THISDAY also gathered that following the resolution of the transmission challenges and gas supply issues that stalled the privatisation of some of the 10 power stations since 2014, the federal government has resumed talks with the preferred bidders for the sale of three plants. However, the sale of some of the plants was stalled by litigations. POLICE TO SET UP ANTIELECTRICITY ASSETS VANDAL RESPONSE SQUAD
On the lack of cost reflective tariff and its impacts on the operations of the Discos, Osibodu stated: “The seeming freeze of retail electricity tariff without proportional subsidies to cover cost is inhibiting Discos ability to meet their performance obligations and in essence, customer expectations.� “The tariff situation is at the heart of the liquidity squeeze in the NESI, and the apparent performance gaps in same as this affects the entire value chain of the electricity market. This impedes Discos’ ability to access the financing necessary for OPEX, CAPEX and loss reduction initiatives including customer metering.� According to her, one of the fallout of the tariff issue is that the balance sheets of the Discos have remained in a net liability position.
NEWS
The federal government has said that starting from 2018, it hopes to ensure that the minimum amount of electricity that would be generated and supplied to homes and offices across Nigeria everyday would not be less than 4500 megawatts (MW). This, it said, was one of the action plans it has included in the new Power Sector Recovery Programme (PSRP) it developed with the World Bank to revive Nigeria’s electricity industry from its declining status. The World Bank had reportedly pledged to support Nigeria in making the programme work creditably with almost $2.5billion. A copy of the detailed plan of the government for the power sector in the PSRP was provided by the ministry of power during a recent workshop to educate media houses in the country on how the recovery document would be implemented by the government over a period that would extend into 2021. In it, the government said it would prioritise operational and technical interventions that would stabilise supply of electricity to Nigerians. It said: “Under the programme, the minimum baseline power supply of 4500MW will be guaranteed and distributed daily from 2018.� To accomplish this, the government explained in the document that key actions would be implemented, including completing select
power plants, transmission and distribution systems that are under the National Integrated Power Projects (NIPPs) by the Niger Delta Power Holding Company Ltd (NDPHC). The government equally noted that, “to facilitate the execution of a tariff trajectory that ensures sustainable and appropriate tariffs within the next five years,� it was necessary to, “improve customers’ perception of service delivery by ensuring a minimum of
4500MW generation supply is available daily from 2018 to ensure grid stability.� Of the action steps to be taken, it said it would specifically support four NIPP plants – Omoku, Egbema, Alaoji, and Gbarain, as well as distribution and transmission projects to help it achieve this plan. It equally added that: “The performance of distribution companies will also be improved by, among other strategies like customer
enumeration, ensuring their financial restructuring and recapitalisation, establishing a metering programme, implementing credible business continuity plans and expanding the distribution networks.� To ensure that fuel to power generation plants to sustain this minimum generation plan was available, the government noted that it would, “project manage the delivery of key gas pipeline infrastructure including the OB-OB pipeline, in order
to ensure that gas is readily available where it is needed.� Other measures it said it would take to meet up with the baseline supply plan include a phased activation of the power purchase agreements (PPAs) and gas supply agreements (GSAs) that have been signed in the sector, as well as full activation of the vesting contracts the electricity distribution companies (Discos) signed with the Nigerian Bulk Electricity Trading Plc (NBET).
LUCKY WINNER
L-R: Winner, Sterling Bank Recyclart Competition, Mr. Ifedichukwu Chibuike; General Manager, Corporate Banking , Sterling Bank, Mr. Adegboyega Adegun; Winner, Mr. Samson Ogundeji; Competition Judges, Mr. Olu Amoda and Mrs. Ndidi Dike, during the Recyclart Grand Prize Presentation, at the British Council Lagos‌recently
Lagos Oilfield Partners in Talks to Resolve Legal Dispute Ejiofor Alike A Norwegian independent exploration and production company and one of the partners in Aje oilfield located in Oil Mining Lease (OML) 113, Panoro Energy, has stated that the partners in the Lagos oilfield had commenced negotiations to resolve their legal dispute. Panoro Energy had dragged the other partners to the London court, and had also filed a request for arbitration with the secretariat of the International Chamber of Commerce. Panoro, through its fully owned subsidiary, Pan Petro-
leum Aje Limited (PPAL), holds 6.502 per cent participation interest in OML 113. Folawiyo Aje Services Ltd (FASL), a wholly owned subsidiary of Yinka Folawiyo Petroleum, is the operator of the field, which commenced crude oil production on May 3, 2016 Other partners include: New Age Exploration Nigeria Limited, Pan Petroleum, Energy Equity Resources (EER) Nigeria Limited and PR Oil and Gas Nigeria Limited. The dispute between the partners followed the passing of resolutions in 2016 by the
JV partners with respect to a proposed new well to be drilled and the related cash call to be paid by the partners. Even though the Oslo-listed Panoro said it had the financial ability to fully pay its own share of the cash call, the company had also insisted that the drilling of any new well was premature at that stage. Panoro had also argued that the decision to incur such additional capital expenditures at Aje would require unanimous consent of the joint venture partners in accordance with the Joint Operating Agreement (JOA).
It had further alleged that there was no such consent before the decision to drill new wells was reached. The company had also added that it initiated the legal proceedings and arbitration to protect its interests. In order to prevent the other partners from taking actions that could affect Panoro’s continued participation in the OML 113, the company dragged the JV partners to the Commercial Court Division of the High Court in London seeking an interim injunction in order to prevent the other joint venture partners from exercising any
rights under the default provisions of the OML 113 JOA. But in its third quarter 2017 results and operations and corporate updates, released by the company at the weekend, Panoro Energy disclosed that “significant measures have been taken to resolve the dispute, while discussions were underway on full settlement The company added that during an interim period of approximately one year, all spending at Aje shall be limited to proceeds from sale of crude. The company had opposed incurring additional costs by the partners in drilling new wells.
TCN Rues Huge Financial Expenditure on Repair of Vandalised Assets Chineme Okafor in Abuja
Group Business Editor
Chika Amanze-Nwachuku AgriBusiness/Industry Editor
Jonathan Eze
Comms/e-Business Editor
Emma Okonji
Capital Market Editor
Goddy Egene
Senior Correspondent
Raheem Akingbolu (Advertising) Correspondents
Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Maritime) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Chineme Okafor (Energy) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)
The Transmission Company of Nigeria (TCN) has decried the incessant vandalism of its assets across the country, stating that huge amount of money that would have been spent on building new transmission lines are expended on repair of its vandalised lines. Speaking on the back of a recent cut down of its transmission tower - Tower 53, along the Itu-Adiabo 132kV transmission line in Inuakpa, Odukpani part of Cross Rivers State, the General Manager, Public Affairs of TCN, Mrs. Ndidi Mbah, stated that the TCN would be forced to spend money meant for its network expansion on repairs of the line.
Mbah, explained that while the transmission tower was cut down, none of its components was taken away by the vandals, indicating a potential act of economic sabotage. “The vandalised tower was discovered by TCN engineers around 3pm on the 16th of November, 2017, while on transmission lines patrol. This act of vandalism is a clear unpatriotic act of sabotage against the transmission expansion initiatives of the present management of the company,� said Mbah, in a statement she sent to THISDAY in Abuja. She added that: “The ItuAdiabo 132kV transmission line which emanates from the Adiabo transmission station is the second transmission
line through which power is supplied to Calabar and environs. Although Calabar is currently being fed from the Adiabo-Calabar 132kV transmission substation, the vandalised tower enables TCN back-feed Calabar when a fault or transmission lines tripping occur.� “TCN spends funds meant for projects expansion on replacing vandalised costly transmission equipment and lines lost to activities of vandals, which is anti-progressive. Security operatives are already at the site of the incident, to assess the damage and conduct further investigations,� she explained. Mbah, equally noted that the TCN has secured the commitment of the Enugu State
Governor, Mr. Ifeanyi Ugwanyi, to settle extant issues of Right of Way (RoW) on its ongoing 30MVA transmission substation in Nsukka area of the state. She said the governor gave the assurance to the Interim Managing Director of the TCN, Mr. Usman Mohammed, when he visited him recently in his office in Enugu. The governor, she explained, was very interested in the project which on completion, will improve power supply and enhance socio-economic activities in Nsukka axis of the state. She quoted Mohammed to have said that the substation had been completed but TCN needed the assistance of the governor to settle the
RoW in host communities to enable it string and activate the transmission towers. Mbah, equally noted that while in Enugu, Mohammed, inspected the various TCN sub stations there to assess their progress of work. She said the projects include the 30MVA Nsukka Transmission sub station where she claimed work has been completed except for stringing of transmission towers that would bring power to the 30MVA power transformer and the New Haven sub station also in Enugu, the Ninth Mile 2X60 MVA 132/33KV transformer capacity sub station under construction to improve power supply needed for Enugu’s highly industrialised areas.
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ENERGY
A Ray of Hope for Mambilla Plant After decades of failing to consummate the deal on the 3,050MW Mambilla hydro-power plant, Nigeria recently signed a $5.8 billion contract with three Chinese firms to construct the power station in six years. Chineme Okafor reports When completed in the next six years, the 3050MW Mambilla hydro power plant could immediately move on to become one of the 30 largest hydro power plants in the world, and perhaps the second largest in Africa after Ethiopia’s Grand Renaissance Dam which is scheduled for completion in 2018 with an estimated electricity generation capacity of about 6,000MW. Located in Mambilla plateau of Sarduana Local Government Area of Taraba State, the preliminary feasibility study on the project was reportedly carried out by Moto Columbus in 1972 after the military government of General Yakubu Gowon (rtd) had considered it a good renewable energy source that could give Nigeria some edge in energy security and economic industrialisation. Between 1981 and 1985, Diyam Consultants with Binnie and Partners of the UK was further contracted to carry out another preliminary study and it recommended a 3960MW capacity hydro power dam after its studies. Another feasibility study was again done in 2011, when the Federal Executive Council (FEC) awarded a fresh consultancy job for detailed engineering design and project management and supervision to Messrs Coyne et Bellier/ Decrwon/WADSCO JV Consultants to further review the two previous studies based on new hydrology and geology investigations and come up with a comprehensive and adoptable study on the project. But years passed by and nothing concrete was made out of the project despite these studies, except for a failed attempt by former president, Dr. Goodluck Jonathan, to revive the Site of Mambilla Power Station project negotiations with the Chinese which had offered to largely fund its construction. flow to form beautiful sceneries for recreations and other agricultural activities such as fish production and irrigated agriculture. Breaking the ice Notwithstanding the several years of back and forth conversations on the Mambilla project, Construction agreement Nigeria last week took a fresh step to bring Having taken so long, including disagreeit to reality within six years. Details of the ing in 2012 on the construction details, to construction timeline are however yet to be agree on the best approach to go about the construction of the hydro project, the federal fully disclosed. Through the FEC, it approved in August government last Friday signed an agreement 2017, the contract for the project, subsequently with a consortium of three Chinese companies negotiated its execution with three Chinese to proceed with the 3,050MW hydro power firms, and then signed the contract to have project, and complete it within six years. At the ceremony where the construction it built and completed in six years with the firms on an export-import funding model, agreement was signed, it was disclosed that the which would see the federal government project would cost $5.79 billion, with $868.87 bring 15 per cent of the construction cost million of the cost expected from the Nigerian to the table and the balance of 85 per cent government and $4.92 billion representing 85 provided by the China Exim Bank through per cent of the project’s cost from Chinese lenders through the China Exim Bank. a consortium of Chinese lenders. The firms which got the contract to build Having suffered neglect under successive governments, the project could through the plant include China Gezhouba Group this fresh means, now move on to become Corporation (CGGC), Sinohydro Corporation the fulcrum on which Nigeria launches her Limited (SHC) and CGCOC Group Co. Limited. economic renaissance and energy diversifica- They are expected to bring on to the project, China’s years of expertise in building large tion plans. hydro power dams. Also included in the scope of work for the What is at stake It is almost a no-brainer that a completed and project are the construction of its four large functional Mambilla hydro plant would add dams - Nya, Sumsum, Nghu and Api Weir, more to Nigeria in terms of economic benefits. two underground power house of 12 units At the moment, Nigeria has a population of 250MW each, two numbers of 330kV of of circa 180 million people, and an installed 700 kilometres transmission lines that would power generation capacity of 12,000MW. She run to Markudi and Jalingo, 120 kilometres also has over half of her population currently of access roads connecting the project site without any form of grid electricity connection. and nearby communities as well as a plan Having Mambilla on the grid would increase to resettle an estimated 100,000 persons that the country’s generation capacity by its name- could be impacted by the construction. Earlier in August, the FEC approved the plate capacity, improve her contributions to the reduction of global greenhouse gas emission total sum of $5,792,497,062.00 for the project, as agreed in the Paris Climate Change pact, and that approval paved the way for the as well as enhance her capacity to provide signing of the contract document with the electricity to withstand her industrialisation China Gezhouba Group Corporation (CGGC), Sinohydro Corporation Limited (SHC) and plans. Similarly, the development of the project CGCOC Group Co. Limited, which are all would help her plan adequately for a robust considered a joint venture. The signing of the agreement would also energy security, considering the frequent break of gas lines that supply fuel to gas generating allow the federal government to seek finance to meet its counterpart funding obligation power plants in the south of the country. In addition, there could be an upsurge in to the project. Speaking on its significance, the Minister of tourism and agriculture around the Mambilla plateau, as the cascading waters from the dams Power, Works and Housing, Mr. Babatunde
Fashola, who signed the agreement on behalf of the Nigerian government, said the project would open a huge window of opportunity for Nigeria to harness its hydro potentials for electricity and irrigation purposes. Fashola, who commended government officials and the Chinese for making the project a reality, explained that when completed, the project would change the dynamics in Nigeria’s power sector. “The project is a new dawn for Nigeria’s power diversity and energy mix. This project will give us the opportunity for energy security, it will give us the opportunity to comply with our Paris Climate Change Agreement because it will be delivering renewable energy,� he said. According to him, “It will provide the opportunity to unlock the gift of nature to Nigeria in Taraba State, agriculture, energy, construction, development. You only need to see the number of applications we have already received from people who want to participate in the logistics, who want to participate in the insurance, Nigerians who are already queuing up to get involved.� He further said the project implementation will involve the ministries of environment, water resources, justice and finance, adding, “This is going to be inter-ministerial undertaking.� Other derivative benefits Beyond the long term benefits from the hydro power project, there are also certain short term benefits that could accrue to Nigeria while the construction phase lasts using the export-import funding arrangement that had been agreed on. Confirming this, Fashola, in an interview with Arise News, a sister broadcast arm of THISDAY, stated that about 25 local insurance firms had indicated interests in providing insurance coverage for the project. “We have received not less than 25 applications from insurance firms already, just hearing that we have signed Mambilla, they are saying they want to provide insurance for the project, and it is just going to give a lot of momentum to the Nigerian economy when the construction starts,� he said in the interview. He also explained then on the funding arrangement: “What we just did was to award the contract (Mambilla) for the first time in over four decades. The next phase is to go and
negotiate the financing, as the Chinese have offered to fund it under an export-import financing arrangement where they will contribute 85 per cent of the financing and we will contribute 15 per cent.� By its nature, export-import financing models which are usually concessional loans, have long moratorium of up to five years, in addition to long tenor that could be as long as 20 years, and very low interests of like two per cent as against the 17 per cent interest on government treasury bills which is one of the funding sources available to the government. Also, they require that companies, equipment, and workers of countries offering the loan are often used in the projects, but infrastructure financing experts told THISDAY that Nigeria in this case, could derive a lot of benefits from the arrangement and project construction. They noted that with it, Nigerians would mostly provide and man the trucks for movement of materials to the project site, cook food for workers at the site, while materials such as sand, granites, cements and others would be sourced locally. Open book needed But even with the excitement that perhaps followed the signing of the agreement for the project, industry experts who spoke to THISDAY stated that it was necessary for the government to make public the content of what it signed with the Chinese. They, in this regard called for an integrated open book contract from which Nigerians can evaluate the project’s Environmental Impact Assessment (EIA) report, as well as the loan terms the country signed with China Exim Bank for the project. Basing their call on the need for transparency and the $6.4 billion estimated cost of financing the construction of the about 6000MW Grand Renaissance Dam of Ethiopia which is up for completion in 2018, and much larger than the Mambilla which is to be constructed with $5.7 billion, the experts stated that it would not be out of place for the government to show transparency in the process by process execution of a project which debts would be transferred to future citizens of the country.
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T H I S D AY TUESDAY NOVEMBER 21, 2017
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FG Consults UK Experts on Yam Preservation Olawale Ajimotokan in Abuja The federal government has invited yam specialists from the United Kingdom to liaise with local exporters on the preservation of the food crop. This was disclosed by the Senior Investment Adviser to the Minister of Agriculture and Rural Development, Irede Ajala, at a diversity dialogue organised by Synergos in conjunction with the Bill Gates Foundation on how to drive an inclusive economy through youth in agriculture. Ajala said the British experts will enlighten the local yam exporters on the importance of food safety, standardisation, food health and quality control, adding that for Nigeria to compete in the global yam market, it must uphold international best standards. Ministry of Agriculture officials sealed the deal during their visit to the UK, two weeks
ago, to investigate the allegation that some Nigerian yams were rejected at UK ports for being substandard. While he insisted that at no time were Nigerian yams rejected in UK or the United States, the aide to the minister, said Nigeria loses 30 percent of its annual yam harvest because of inadequate storage facilities. “These are the burning issues we want to address; the Nigerian yam farmer needs to get more seeds at low prices. The government has also created a machine that helps in heaping yam and mechanising its production, to encourage businessmen to go into selling yams locally and for the export market. Agriculture has been the main driving sector of the economy over the past two years. So, it is only sensible for a people to canvass for more support for that sector,� Ajala said. Though Nigeria accounts for 67 percent of world
yam production, less than one percent of the output is exported.
The Country Director Synergos, Adewale Ajadi, predicted that the profit from yam, in
the long run, will outgrow the income from crude oil. Ajadi said that a tuber of
yam is old for N500 locally but in the UK, a small tuber of the same yam goes forÂŁ7.
LAUNCH OF 9JA CAFE RHUN
L-R: Managing Director, Grand Oak Limited, Aare Fatai Odesile; C.E.O, Adebambutayo Stores, Mrs. Oluwatoyin Adejuwon, a major distributor of Grand Oak; Nigerian hip-hop rapper, Mr. Sodiq Yusuf a.k.a CDQ, Group Executive Director, Grand Oak Limited, Mr. Adekunle Rosiji and Group Finance Director, Lexcel Group, Mr. Wale Majolagbe, during the launch of 9ja CafĂŠ Rhum into the Nigeria Rum market at the recent trade fair in Tafawa Balewa Square, Lagos...recently
Dana Air, FG Partner to Host World Aviation Forum Chinedu Eze One of Nigeria’s leading airline Dana Air has announced that that it would partner the federal government of Nigeria to host the International Civil Aviation Organisation (ICAO) – World Aviation Forum (IWAF) scheduled
to start today and end on Wednesday in Abuja. The Forum with the theme: ‘’Financing the Development of Aviation Infrastructure’’ would explore the benefits of the aviation sector to the social, economic development and prosperity of member states and to identify needs
and facilitate funding and financing required to accelerate the implementation of the international civil aviation global standards and policies as well as plans for aviation. Speaking on the partnership, the Accountable Manager of Dana Air, Mr. Obi Mbanuzuo said, “Dana Air is committed
to everything that is geared towards improving the aviation sector and this forum, being the first in over 50 years of ICAO is a rare privilege.’’ “We commend the efforts of the regulators and the Ministry of Aviation for this feat and we hope that we will have more of such in the nearest
future, as there is an urgent need for us to work together towards improving the sector.’’ As airline partner, Dana Air said it would be offering logistic support to delegates flying from within Nigeria to the summit and back The airline, which recently bagged its International Air
transport Association (IATA) certification with a commitment to maintaining global best practices and providing the best of air transport services in the country, said the support to IWAF is its contribution to the event, which historically is taking place in Nigeria.
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T H I S D AY TUESDAY NOVEMBER 21, 2017
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Consolidating the Gains of Steel Sector Steel and non-steel products produced in Nigeria are already competing favourably with those of the western world. Jonathan Eze writes on the breakthroughs Steel is at the heart of any country’s economic development. It is one of the most important materials widely used for both domestic and industrial purposes throughout the world, hence the priority given to the sector. Besides accelerating the industrial development of a nation, a vibrant steel sector contributes to the growth of the Gross Domestic Product and exploitation of Nigeria’s abundant natural resources. A vibrant steel sector also generates economic activities in downstream industries, creates job opportunities and acquisition of technical skills, and helps in the transfer of technology and provision of machine parts and tools. Thus, it was cheering when African Industries, a steel company that was founded in 1971 in Nigeria gathered stakeholders in the steel industry and their financial support partners, government representatives in Lagos and reviewed its operations and the feat it had attained especially in exporting locally made steels. The Group Managing Director, Mr. Alok Gupta, told the gathering that it had been exporting non-steel products to regional markets for many years, and according to him, their steel products had to compete with big produces from Ukraine, Russia, China and other developed countries. “However, our constant effort in marketing backed by international certification and satisfied products sampling by user made it acceptable in these market. Recent adjustment of naira has made our product more competitive to the extent that a significant amount of our production is in now destined for export.� Gupta projected what the company intends to achieve in future which are realistically attainable considering its antecedents. He said: “We are targeting to export between 150,000 – 200,000 metric tonnes of steel on annual basis to start with. Our export of steel during first nine months of this year, have increased over three folds by weight and value compared to the full last year 2016. To put numbers on it, in year 2017 for the first three quarters, our steel export are almost $13.5million compared to $4.1million in 2016 and we are expecting an additional $12million of steel exports in the final quarter of the year. “Overall, we expect over $25million in the current year 2017. We are proud to achieve this milestone due to combined effort of our team and enabling environment created by domestic industrial policies. “However, there are many miles to go and it is just the beginning. There are many challenges both on logistics and fiscal policy issues. Sea freight between Lagos and other West African countries is almost double of what it cost to bring the steel product from Ukraine or China. For example, sea freight from Ukraine to Ghana is $35-40 per MT while from Lagos to Ghana cost $65 perMT, i.e almost 50 per cent more. “We appeal to shipping companies operating in Nigeria to remove this abnormality and make a level playing field for us, if we really wants Nigeria to emerge as global player in steel sector. We need our colleague, partner and workforce among port authorities and customs to ease the bottleneck associated with smooth flow of export cargoes through port, reduce the various charges to acceptable level so as to make Nigerian goods compatible in global market.� Towards making its business thrive more in the country, the firm urged government to “look at provision of current export incentives and make it attractive to induce us for more export. Current export incentive for fully Nigeria manufactured goods are enough to cover the cost incurred due to infrastructural deficiency like high transport cost to port, dollar denominated high natural gas price, abolition of various taxes and levies on export cargoes and export expansion grant�. Earlier, the Group Executive Director, Mr. Uche Iwuamadi, elatedly told the audience that the essence of the meeting was to update their business associates from the federal government agencies, banking sector, embassies, customs and steel dealers, update them with their manufacturing activities in Nigeria. According to him, “the major breakthrough which I called breaking news is that for the first time in Nigeria, we are now exporting
Alok Gupta, GMD, African Industries Group steel , finished steel, made-in-Nigeria steel from Nigeria to other countries. That is just the news and it has been on for a while. At this very critical time in the country, where people are talking of forex for importation, they are calling this country import oriented nation, we want to change the wheel, now we are exporting our finished products meeting up international standards and are accepted globally. At least having met the requirement of local need that is the most important thing. We have been able to produce enough to meet the local market and that is why we are now thinking of exporting. That is the summary.� On how the company balances the issue of
There are many challenges both on logistics and ďŹ scal policy issues. Sea freight between Lagos and other West African countries is almost double of what it cost to bring the steel product from Ukraine or China. For example, sea freight from Ukraine to Ghana is $35-40 per MT while from Lagos to Ghana cost $65 perMT, i.e almost 50 per cent more
not having enough scrap locally, Iwuamadi said: “In fact, there is no need of importing finished iron rods into this country, there is no basis for that. As at the moment, the number of manufacturing plants in steel in this country, if they go into full production, including us, we are not yet doing 100% capacity. We are still doing below 70 per cent operational capacity, so by the time we have up to 100% capacity we will have excess. “So the problem is not about meeting up demand but being able to operate at optimum level which we are not doing due to so many reasons. But that does not stop our export because the export driven part of it is a different segment entirely. This is an era where one of the major constraints of Nigerian businesses today is forex scarcity and if you can meet up to international standard, you can sell your product beyond your shores and earn forex for the nation. If everybody is thinking of producing something you can export, of course export would be separate segment of business. Back to your question and where we are exporting to. We are exporting to Ghana, Ivory coast, Morocco and Egypt.� Iwuamadi added that the company has invested over $1.1billioillion in Nigeria as a total investment of the group and plans to invest more in upcoming project and the exporting we are doing is saving the nation over $650million yearly. In the past, many people have been importing steel into this country, nobody talks about that because imported steel cannot compete with our own. We are in the same standard so you don’t need to waste your money importing steel. On his part, the Minister, Mines and Steel Development, Mr. Kayode Fayemi, lauded the company’s stride, saying that the federal government policy on privatisation of the steel sector was working. Fayemi who was represented by Director, Steel and Non- Ferrous Metals, Ministry of Mines and Steel Development, Mr. Ime Ekrikpo, assured operators in the sector of right policy support and incentives aimed at taking the industry higher. “Our key target in the mining industry is the steel and we will give them all the necessary support to begin to produce iron ore,� he said. Also speaking at the event, President, Manufacturers Association of Nigeria, Mr. Frank
Jacob, applauded the company’s export feat. “In spite of harsh operating environment, they are able to produce, export and earn forex for the country. I congratulate them,� he said. African Industries started in 1971 and they are manufacturing various types of Steel products such as Iron Rods, Angles, Channels, Pipes, wire related products - in total over 1 Million MT / annum is produced, representing 33% of the steel consumed in Nigeria Out of this quantity, the company produces over 50% of Iron Rods consumed in the country. It also manufactures other non -steel products such as sheet glass, Industrial chemicals, Refined Lead, Wood based products such as plywood & other construction materials. The company generates its own electricity using Natural gas and sells its surplus electricity via the national grid. The group is also in the process of setting up a large agricultural processing facility in the Northern part of Nigeria. It employs over 8,000 Nigerians and benefit lives of more than 100,000 Nigerians in the entire supply chain. The company in a statement sent to THISDAY added that its industries are located in Port harcourt, Abuja, Agbara, Ogijo, Ikorodu It has invested over 1.1billion and plans are on the way to increase and further diversify their product portfolio. On what has helped them progress, the company added: “The enabling environment created by Democracy has allowed us to work hard to manufacture liquid steel in Nigeria. “Our technology uses the latest state of the art equipment and is safe and environmental friendly. “We are the first steel plant to get all 3 ISO certifications such as ISO9001, 14001, 18001 certified by Rina Italy on IFC/WB guidelines. “We are also the first and the only company in Nigeria and the second company in sub-Saharan Africa to have UK Cares British Standard certification. It also means we can sell Iron Rods into UK or Germany without anyone challenging our quality.� African Industries boast of patronage from almost all the large construction companies and government parastatals. However, it concluded that with additional support from government, export grants will perhaps go a long way to sustain exports.
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T H I S D AY ˾ TUESDAY, NOVEMBER 21, 2017
PROPERTY & ENVIRONMENT DeluxeResidencesInaugurates,HandsOverTheOrchardinLagos The property market in Lagos is still absorbing some exquisite property. The Orchard at Oniru in Victoria Island that was inaugurated recently by its promoter, Deluxe Residences is a good one. The company intends to hand over two more in Ikoyi and Lekki, respectively. Bennett Oghifo reports
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eluxe Residences recently inaugurated its full subscribed mid-high market property in the Oniru axis of Victoria Island. Deluxe Residences, no doubt, a leading real estate developer in Nigeria, plans to deliver two more residential projects in Lagos this November. The Managing Director/Chief Executive Officer of the firm, Mr. Emmanuel Odemayowa, disclosed this at the official opening and handover ceremony of The Orchard, Oniru, Victoria Island, one of the three completed projects. Odemayowa said two other developments, The Avant Apartments, Ikoyi; and the Orchard Lekki would be inaugurated and handed over this month under the company’s “A November to Remember” theme. The Orchard Oniru comprises 16 three-bedroom apartments with Maids’ room and Two Penthouse apartments; The Avant Apartments, Ikoyi comprises 8 units of three-bedroom apartments while the Orchard Lekki is made up of 16 units of semi-detached 4-bedroom homes. He said the completion and handover of the real estate developments to their buyers was a testament to the company’s commitment to deliver on its promise, as well as help to reduce the nation’s housing deficit in quality homes. “As an urban developer, Deluxe Residences is built on the principle of commitment to client satisfaction,” Odemayowa said, “Our products/homes/residences are timeless, built with materials of the highest quality and delivered to the highest industry standards. We take pride in our ability to locate and
L-R: Chief Operating Officer, Deluxe Residences, Eka Ekwem; Mrs. Abiodun Odemayowa; Managing Director/CEO, Deluxe Residences, Mr. Emmanuel Odemayowa; Managing Director/CEO, Megalectrics, Mr. Chris Ubosi; Chairman, Global Property Partners (GPP), Mr. Gbenga Onabanjo; Director, GPP, Mr. Tunde Adaramaja, at the official opening of The Orchard, Oniru, Victoria Island, built by Deluxe Residences
acquire economically sound high-yielding investment and development properties.” Odemayowa thanked the clients at the ceremony, for buying into the vision and their trust in Deluxe Residences in the development of the off-plan properties. Also speaking at the occasion, the Chief Operating Officer, of Deluxe Residences, Eka Ekwem said the three projects being handed
over had been fully subscribed to by their customers, attesting to the quality of the projects and the value it offered its customers. She said the completed projects were just part of a number of other real estate projects the company was currently handling, adding that the company’s commitment was to provide homes that met the varied lifestyle needs of its clientele.
The Executive Director, Construction of Deluxe Residences, Engr. Sheriff Abubakar said quality was the overriding consideration in the completed projects, adding that they were all built to exact specifications in line with their customers’ expectations. The home owners of the The Orchard, Oniru were presented with the documents/keys to their various apartments.
quality. It boasts top-notch features and facilities including a gate house, club house and gym, Badminton Court, two generating sets, swimming pool/bar, two dedicated transformers, perimeter fencing and full estate services. Other features include fitted wardrobes, kitchen cabinets, gas cookers, air-conditioners, satellite TV dishes, etc. “What we have on offer here are buildings whose design and layout are not only functional, but also practical; the estate’s location at Life Camp Abuja is ideal for companies to accommodate their staff and centralise their cost instead of giving them accommodation at different locations, said Ubosi, whose company along with Knight Frank and Bode Adediji
Partnership are the lead agents and markers of the estate. He said, “These houses are just ideal for pension funds and co-operative society funds looking for where to invest in a recessing economy such ours. The estate, by virtue of its location where demand is relatively high, guarantees investors’ capital appreciation in the region of 10-15 percent per annum. “This is not an estate where the developer will be asking you to deposit money and come back in at a later period to collect key. No, this estate is newly built, well finished and ready for occupation. Once you pay and you are ready, you pack in.”
Nexus Estate Enters Abuja Property Market A new upscale residential development known as Nexus Estate has been released into the Abuja segment of the nation’s property market. The new entrant, which is built on about 20,540 square metres of prime land in Life Camp at Plot 1146, J.T.Useni Way, increases opportunities for home ownership and investment portfolio. The estate has 35 units of terrace homes on three blocks and its promoters label it as “the best built property in Abuja” at the moment. The first block of houses comprises seven 5-bedroom terrace houses with 2-bedroom basement flat and a self-contained Maid room. The second block consists of 14 units of 5-bedroom semi-detached houses with a self-contained
Maid room while the third block also comprises 14 units of 5-bedroom terrace houses plus a self-contained Maid room. The estate is fully serviced and fenced round with sandcrete block-wall to an average height of about three metres. Entrance into the estate is through double-leaf vehicular metal and a pedestrian gate. “Abuja developments generally have the challenge of quality finishing, but this estate is different; it is the best built property in Abuja today,” Chudi Ubosi, Principal Partner at Ubosi Eleh + Co, told journalists, recently. The estate, built by a corporate construction company, has an excellent finishing and material
Speakers Ready at Fusion of Real Estate, Interior Greenspring to Reward Safety in Construction at Design, Art Made-in-Nigeria Conference In preparation for the biggest luxury event of the year; FREIA 2017, some key persons have been announced as speakers. FREIA stands for Fusion of Real Estate, Interior Design and Art. These speakers were strategically selected to optimise the essence of the one-of-a-kind Afrocentric event that would create a platform to explore the synergy within the Real Estate, Interior Design and Art Industries. These names come with a pedigree and clout that goes well with the event in exploring the three different industries in an ingenious bid to create a unified concept of art that can stand on its own. Azu Nwagbogu, Agatha EricUdorie, Olajumoke Adenowo and Andrea Geday are names that would pull strings and
ring bells in these industries. As predicted, FREIA, would come to become the strongest name in African Luxury, Real Estate, Interior Design and Art market. FREIA stands for “Fusion of Real Estate, Interior Design and Art”. It is a specially tailored event by Luxury Villas Group set to converge some the biggest names in the sector. “FREIA 2017” Being the first of its kind, has been designed to be the biggest luxury event of the year. It will host key players and stakeholders in these industries to discuss key issues relating to the unique relationship between the three industries and opportunities of growth here in Nigeria. Other highlights of the day would include an open exhibition for
partners, stakeholders and enthusiasts to showcase distinctive arts and design experiences as well as property acquisition opportunities and partnerships. With an anticipated footfall of about 3,000 people; comprising high net worth brands and investors; FREIA is expected to provide a platform for active collaborations and networking that would significantly impact Real Estate in Nigeria. The FREIA event scheduled to hold on the 8th of December, 2017 at the Grand Ballroom, Civic Centre, Ozumba Mbadiwe Avenue, Victoria Island Lagos, would have modules of business, intellectual, cultural and artistic activities. The eventful day would end in a gala night that would have an exquisite crop of the society in attendance.
Companies with the best safety standards and regulations will be recognised at the madein-Nigeria conference to be hosted this week in Lagos by Greenspring Communications Ltd, a media/public relations and marketing consulting firm. The one-day Made-in-Nigeria conference and awards event was conceived to add to the present buzz created by the Federal Government in promoting locally-made products and services. The conference will hold on Thursday, this week at Protea Hotel, Isaac John, Ikeja, Lagos State. The MD/CEO of Greenspring Group, Peter Nwaochei stated that this conference and awards event was in line with the firm’s mission to drive local content and add value to clients’ patronage,
while promoting growth in the nation’s economy. The conference, which has the theme “Effects of Made-In-Nigeria Products for National Development” will bring together business stakeholders, market enthusiasts, market analysts government agencies, IT practitioners, e-marketers, others, and will create a convergence of informed and educated players in various sectors of the Nigerian economy. It will feature presentations and panel discussions from thought leaders within the country. The programme is in partnership with Innoson, Bank of Agriculture, Med-View Airline and other frontline entities involved in making the made-in-Nigeria mantra an astounding success.
According to Nwaochei, “The underlying objective of the conference and awards is to increase awareness on the critical role of Nigerian companies as fundamental pillars for strengthening the Nigerian economy through manufacturing, agriculture, and various expertise from different sectors in Nigeria.” Some of the confirmed speakers for the event include: Sen. Abdullahi Adamu, Chairman Senate Committee on Agriculture; Chief Innocent Chukwuma, CEO, Innoson Group; Dr. Rufus Ebegba, DG/ CEO National Biosafety Mgt. Agency, Abuja; Mr Odunayo Emasealu, CEO, Interior Woodwork; Mr. Felix Nwabuko CEO Presco Plc; and Dr. Rose Gidado, Country Coordinator, OFAB.
A
WEEKLY PULL-OUT
‘GOVERNMENT SHOULD CONSIDER APPOINTING A FEMALE AGF’
21.11.2017
Dame Priscilla Kuye
2/DASHBOARD
21.11.2017
Whether Direct Evidence of Agreement is Necessary to Establish Conspiracy PAGE 4
Olanipekun, Law Firm Win Big at ESQ Nigerian Legal Awards 2017 PAGE 5
Lagos CJ Urges Staff To Embrace Her Commitment Statement for Quality Service Delivery PAGE 5
QUOTABLES ‘Nigerians amuse me, especially the elites who are or were the greatest beneficiaries of corruption. They are looking for anything to hang on to, any straw to be able to say the anti- corruption war has failed. Maina is one case, so why are they failing to see the forest, and they are only seeing one tree?’ – Professor Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption
A ‘ t this time, Judges are still recording proceedings in long hand. There are no stenographers in Court. There are no machines in Court. Those that were trained, were not provided with machines because of funds. So, you see, the Judges are ageing early, because of sitting down from morning till evening writing. I think it is one of the major problems that we have.’ – Rotimi Jacobs, SAN
COLUMNIST MICHAEL JONATHAN NUMA The word “Canvass” in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.
Kwara CJ Pardons 16 Convicts, Suspects PAGE 5
‘Perseverance Should be the Guiding Principle in Legal Practice’ PAGE 6
Ban on Medical Doctors in Public Service from Private Practice PAGE 7
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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The Incest of the Matter
S The Deaves
omeone sent me an old video clip of Jenny and John Deaves, an Australian ‘couple’, who had had an incestuous love affair, father and daughter, to be precise. I forwarded the video clip to several of my friends on whatsapp, and many of them said that they were too disgusted to watch it to the end (the ‘yuck’ factor, as one writer referred to incest!). Jenny claimed that she had not had any contact with her father, since she was a one year old baby. Dorothy, John’s wife at the time, however, disputed this fact, saying that when she and John first got married, Jenny who was then about 15 years old, stayed with them for a week and subsequently, stayed with them about 4 times. She met her father again when she was 31, and they were attracted to each other. I believe that Jenny had been previously married with two other children. John left Dorothy to begin a relationship with his daughter, Jenny. Their relationship lasted for about 8 years and they had two children together (one died a few days after birth). Of course, incest is a criminal offence in Australia, and the punishment varies depending on what part of the country the accused person resides. The penalty for incest is up to life imprisonment in Queensland, while it is up to 10 years imprisonment in South Australia where the Deaves’ moved to. Father and daughter each pleaded guilty to 2 counts each of incest, and they were sentenced to 3 year good behaviour bonds. In the case of John Deaves, the surviving daughter of the couple, Celeste, who appears to be normal and healthy, is his daughter and granddaughter, while Celeste doubles as Jenny’s daughter and sister! Definition of Incest Incest is “sexual relations between people classed as being too closely related to marry each other. The crime of having sexual intercourse with a parent, child, sibling, or grandchild”. Black’s Law Dictionary 2nd Edition defines incest as “the crime of sexual intercourse or cohabitation between a man and a woman who are related to each other within degrees wherein marriage is prohibited by law”. Incest is considered to be a taboo in most places. In this day and age, homosexuality is commonplace all over the world, and same sex marriage is permitted in several jurisdictions. I guess the definition of incest may be enlarged thus:”the crime of sexual intercourse or cohabitation between a man and a man, or a woman and a woman who are related to each other within degrees wherein marriage is prohibited by law”. Even though the Holy Bible forbids incest in the Book of Leviticus (Leviticus 18:8-18 and 20:17, 19-21), there are several instances in the Bible where incest occurred, like Lot who fathered children with his two daughters, Abraham and his half-sister. Interestingly, an atheist may say that the crime of incest is borne out of Christian religious injunction, and since such a person does not believe in Christianity, they may not see incest as a crime. Well maybe not. Some anthropologists have argued that our anti-incest stand, is also a socially learnt convention (not just religious), though we find that
even some animals, have built-in antiincest mechanisms, like cockroaches and chimpanzees. The Westermarck Effect Most normal psychologically healthy people, rightfully I might add, find the thought of incest too repulsive to even consider. It doesn’t come to mind at all. This is because of the ‘Westermarck Effect’, a psychological phenomena named after a Finnish Anthropologist, Edvard Westermarck, which prevents the creation of sexual attraction between individuals who were raised in close proximity with each other. It is ‘a hypothetical psychological effect through which people who live in close proximity during the first few years of their lives become desensitised to sexual attraction”. Separation during childhood, may however, cause this effect not to happen. This may have been the case with John and Jenny Deaves. Jenny not coming into contact with her father for so many years, with the absence of the Westermarck Effect, they both obviously found it difficult to resist the attraction they felt for each other. This situation is known as ‘Genetic Sexual Attraction’, which is simply “an overwhelming sexual attraction that may develop between close blood relatives who first meet as adults”. Nigeria: Legal Provisions Against Incest In Nigeria, like Australia, incest is a criminal offence. Section 3(1)(b) of the Matrimonial Causes Act (MCA) voids marriages contracted within the prohibited degrees of consanguinity. The 1st Schedule to Section 3 of the MCA lists the prohibited degrees of consanguinity. Some of those that a man cannot marry, include but is not limited alone to, his mother, his mother or father’s sister, his grandmother, his sister, his brother or sister’s daughter, his wife’s mother, father’s wife, son’s wife, wife’s daughter. Likewise, a woman cannot marry her father, her father or mother’s brother, her grandfather, her brother, nephew, her husband’s father, mother’s husband, son-in-law, husband’s son. The Criminal Code Act 1990 does not specifically provide for incest. However, in Section 214(1) it provides that “any person who has carnal knowledge of any person against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years”. By virtue of the MCA, it follows that
an incestuous relationship, is one that is against the order of nature, and so if the MCA is read with the Criminal Code Act, a person that is found guilty of incest can face up to 14 years imprisonment, which is the penalty prescribed by Section 214 of the Criminal Code Act. Section 7 of the Sexual Offences Act 2015 however, directly provides for the crime of incest, and the prohibited degrees of consanguinity are listed therein, even extending to half-blood (Sections 7(1) & (2)). The penalty for incest is life imprisonment, and for attempted incest, a term of imprisonment not exceeding 10 years (Section 7(4) & (5) of the Sexual Offences Act). However, some of the prohibited degrees of consanguinity in the Bible, are not provided for under the law. For instance, in the Bible, a man is prohibited from having sexual relations with a mother and a daughter, and also from taking another sister as a rival wife to a sister, while the first sister is still alive. I remember the case of African Dictator, Mobutu Sese Seko, who had a wife who was an identical twin. He subsequently, took her twin sister as his mistress. It is also not uncommon in African cultures, for a brother to take over and marry his dead brother’s wife, so as to keep it all within the family! It is also not uncommon to find in some cultures, even here in Nigeria, mostly in the Northern parts, that first cousins do marry each other. Disadvantage of Incest One of the major reasons why an incestuous relationship is not advised (apart from the repulsiveness of the idea), is that children born from a close genetic relationship, that is, first degree relatives, are more likely to suffer from serious congenital disorders, disabilities, physical malformations, mental and intellectual deficits, and death. Research has shown that the chances of this happening is 50% or so. Even in the case of married cousins, there has also been an increase in birth defects. In the case of the Deaves’, their first child was born with a congenital heart disease and she died a few days after birth. Celeste, on the other hand, seems to be fine. Miss X Several years ago, I met a lady here in Lagos, Miss X, who actually had a child for her brother! Miss X had given birth to the child when she
Incestuous Couple, John and Jenny Deaves with their daughter, Celeste
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
"SEVERAL YEARS AGO, I MET A LADY HERE IN LAGOS, MISS X, WHO ACTUALLY HAD A CHILD FOR HER BROTHER! MISS X HAD GIVEN BIRTH TO THE CHILD, WHEN SHE WAS STILL A TEENAGER. I FOUND IT STRANGE THAT MISS X’S SON WAS ALSO HER NEPHEW"
was still a teenager. I found it strange that Miss X’s son was also her nephew. Miss X’s situation seemed to defy the Westermarck Effect, as she had grown up in close proximity with her brother from childhood. She claimed that in the poor neighbourhood where she had grown up, such occurrences of incest were not uncommon. She certainly did not say that her brother had raped her. I concluded that, she and her brother were obviously psychologically abnormal, at least enough to find themselves attractive enough to experiment sexually. Situations where fathers sexually abuse and rape their daughters, and step-fathers, their step-daughter's are prevalent in Nigeria. The men are usually the initiators. Sometimes, you find that the mother of the girl being abused by the father, is very much aware of the incestuous relationship, but prefers to keep quiet in a bid to save her marriage. This is absolutely wrong. People, this is not allowed. A lot of this transpires here in our country, and mostly goes unreported, especially where abuse and rape are involved, because of the shame factor and fear of stigmatisation. The Yorubas for one, consider incest to be an abomination, and anyone found guilty of this act is shunned and ostracised. In fact, when a Yoruba couple decides to get married, the families usually do extensive research about themselves, to ensure that they are not related by blood, before agreeing to the union. I concur. As far as I'm concerned, in this world where everyone is spoilt for choice, relatives simply have no business being in an amorous relationship with each other. Victims need to speak out more, so that the culprits can be brought to book.
4/LAW REPORT
21.11.2017
Whether Direct Evidence of Agreement is Necessary to Establish Conspiracy
O Facts
n 13th October 2011, one Bunmi Afolayan (PW2), whilst at the gate of her house in Ilorin, a car pulled up behind her and the Appellant ordered her out from the car. He pulled her ears to remove her earrings, collected her necklace, wrist- watch and wedding ring. The Appellant and his two other conspirators, threatened PW2 and her daughter with a gun, for her to surrender the car. The robbers successfully made away with the vehicle on that day. By the following day however, the Police in Ibadan apprehended them with the stolen car. They were thereafter, charged for the offence of conspiracy to commit armed robbery and the commission of armed robbery. The Appellant, who was charged on a four count charge, pleaded not guilty to the charges. At trial, PW.3 gave evidence as the Police officer who recorded the extra-judicial statement of the Appellant, and the statement was admitted in evidence after a trial-within-trial. The trial Court convicted and sentenced the Appellant and the co-accused to death by hanging, for conspiracy to commit armed robbery and armed robbery. Dissatisfied, the Appellant unsuccessfully appealed to the Court of Appeal. The Appellant further appealed to the Supreme Court. Hon. Ejembi Eko, JSC
Issue for Determination Whether from the circumstances of the case and evidence led, the Court of Appeal rightly affirmed the decision of the trial Court, that the Prosecution established the offence of conspiracy to commit armed robbery and armed robbery against the Appellant.
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 9th Day of June, 2017
Arguments The Appellant submitted that, what the Court considers is the evidence adduced, and not the charge as stated in the charge sheet. It was also submitted that, though the charge sheet states that the Appellant was charged with the offence of armed robbery; nonetheless, the evidence of PW3, the Investigating Police Officer was to the effect that the Appellant committed robbery and not armed robbery. He submitted further that, as between PW.2 and PW.3, there was a material contradiction as to when the crime was reported. For the Respondent, it was submitted that, the offences with which the Appellant and other accused persons were charged, were fully proved at the trial Court.
Before Their Lordships Musa Dattijo Muhammad Clara Bata Ogunbiyi Kudirat Olatokunbo Motonmori Kekere-Ekun Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC.210/2014
Court’s Judgement and Rationale On the submission of Counsel for the Appellant, that PW3 affirmed under cross- examination that the Appellant committed robbery and not armed robbery by his statement that the only job the Appellant and other co-accused person do is robbery, the Court found the condemnation of the decision of the trial Court convicting and sentencing the Appellant thereon as speculative, improper. The court also found preposterous, the submission of counsel that it was not the function of the trial judge to supply the adverse evidence and the attack on the trial judge, irresponsible. RULE 31(1) RULES OF PROFESSIONAL CONDUCT, 2007. On the second question arising from the ground of appeal, it was noted that the trial court evaluated the available evidence of PW.1, PW.2, PW.3, other material pieces, Exhibit AA2, (the confessional statement of the Appellant) and the testimony of the Appellant in his own defence, which culminated in the conviction of the Appellant. Contrary to the contention of the Appellant, the Court opined further that, the conviction of the Appellant was not an exercise in speculation to fill the gap, but that it was based on empirical evidence before the trial Court. The three elements the prosecution must prove in order to establish the offence of armed robbery are: (i) that there was a robbery; (ii) that the robbery was an armed robbery and (iii) that the accused person was either the armed robber or that he was among the armed robbers. OKUBO v THE STATE (2011) 3 NWLR (PT.1234) 209 AT 233; Noting the above features, the court indicated that the prosecution must prove these elements, in order to establish armed robbery. Relying on Section 135(3) of the Evidence Act, 2011, their Lordships noted that where the Prosecution proves the commission of a crime beyond reasonable doubt, the burden of casting reasonable doubt on the Prosecution’s case is shifted to the accused person. In the instant case, the evidence of PW.2 and PW.3 established that on 13th October, 2011, the Appellant violently stole from PW.2 and thereafter, snatched her car at gun point. The Appellant failed to show any concrete reason to persuade a reasonable Appellate Court, to disturb the concurrent findings of fact by the two courts. On the contradiction between the evidence of PW.2 and PW.3,
And The State .......Respondent
Between Olabisi Olakunle ........ Appellant
Lead Judgement delivered by Hon. Ejembi Eko, JSC
the armed robbery was committed on 13th October, 2011, the charge sheet bore the same date of the offence. PW.3 originally stated that the Police received the report on 18th October, 2011, while during examination-in-chief, he mentioned 14th October, 2011. The Supreme Court agreed with the lower Court that, for an alleged contradiction or inconsistency in the evidence to affect the decision of the trial Court or to warrant its being set aside, such contradiction or inconsistency, must
"IN LAW, CONSPIRACY CAN BE INFERRED FROM THE ACTS OF THE ACCUSED, WHERE THERE IS NO DIRECT EVIDENCE OF AN AGREEMENT BETWEEN THE ACCUSED. ALSO, FROM THE ACTS OR MANNER THE ACCUSED PERSONS WERE DOING THINGS TOWARDS ACTUALISING A COMMON END, IT COULD BE INFERRED THAT THEY DID SO IN FURTHERANCE OF THEIR CONSPIRATORIAL AGREEMENT TO COMMIT THE ALLEGED OFFENCE"
relate to material ingredients of the charge before the court and must go to the substance of the case. BUBA v STATE (1994) 7 NWLR (PT.355) 195. Applying this principle, the Court observed that the facts did not go to the substratum of the offence, and that once the witness explains satisfactorily the circumstance he gave conflicting evidence, the Court can act on his evidence. BOY MUKA v THE STATE (1976) 10 SC. Agreeing with the finding of the lower court, it held that there was no material contradiction in the evidence of PW.2 and PW.3, that was substantial enough to affect the case of the prosecution and the decision of the trial judge. The Supreme Court agreed that, in law, conspiracy can be inferred from the acts of the accused, where there is no direct evidence of an agreement between the accused. Also, from the acts or manner the accused persons were doing things towards actualising a common end, it could be inferred that they did so in furtherance of their conspiratorial agreement to commit the alleged offence. ONYENYE v THE STATE (2010) VOL.5 MJSC (PT II) 121. OBIAKOR v THE STATE (2002) 10 NWLR (PT.776) 612 PW.2 identified the Appellant and his co-accused, as the robbers. The facts were also corroborated by the extra-judicial statement of the Appellant, which the Court agreed, did establish the criminal conspiracy between the Appellant and his co-accused. Moreover, issues were not joined with PW.2 at trial to discredit the identity of the Appellant. The Court noting that facts not disputed would be taken as admitted, found that the identification of the Appellant established the criminal conspiracy between the Appellant and the other accused persons. DIN v AFRICAN NEWSPAPERS LTD (1990) (Pt. 2) 313 at 320 The court noted that identification parade is unnecessary when the evidence on identification is expressly or impliedly admitted, and that the evidence of the Appellants counsel from the Bar that the identification of the Appellant was blurred, was a bare statement from the Bar which had no force of evidence, since it was not in dispute that PW.2 recognised the Appellant. On challenging the findings of the lower Courts, the Apex Court observed that the Appellant attempted to retract his statement by challenging its voluntariness, but the Court noted that the decision to admit such statement or not rests on the credibility of the witnesses, and in this case, the Appellant failed to convince the trial Court. The trial Court followed correct procedure in the conduct of trial- within-trial before admitting Exhibit AA2; therefore, the Supreme Court could not disturb the finding that the statement was voluntarily made. More so, even in the absence of the confessional statement, there was enough material to sustain the finding that the prosecution had proved beyond reasonable doubt, that the Appellant committed the offence. The court noted on alibi, that such defence should be raised at the earliest opportunity and within a reasonable time, to enable the prosecution to investigate it. In this case, the plea of alibi was raised after the prosecution had closed their case whereas, the evidence of PW2 had fixed the Appellant to the place of the crime, his confession also established that he committed the armed robbery. The court held that the alibi was unreliable. On the defence of Alibi, the Supreme Court noted that the belated defence lacked credibility. Where an accused person during trial retracts, resiles from or denies the earlier statement he made in writing to the Police immediately after the event giving rise to the charge and arraignment, he owes it a duty to the Court to impeach his earlier statement. HASSAN v THE STATE (2001) 15 NWLR (PT. 735) 184. If the Prosecution evidence fixes an accused to the scene of a crime and the commission of the alleged offence, the alibi pleaded has been effectively destroyed. NJOVENS v THE STATE (1973) 5 SC 17. Upon the Prosecution fixing the Appellant at the scene of the armed robbery, the burden of casting reasonable doubt had shifted to the Appellant, who failed to show good cause why the Apex Court should disturb the decision of the lower Courts. Their Lordships on the whole, resolved the issue and questions raised, as lacking in merit and dismissed the appeal in its entirety. The conviction and sentence of the Appellant for the offences charged, were further affirmed by the Supreme Court. Appeal Dismissed. Representation: Taiye Oniyide, Esq., with Theophilus Okwute,Esq., for the Appellant Chief J.A. Akinola for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
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IBA AFRICA CONFERENCE L-R: Chairman NBA-SBL, Mr. Olumide Akpata, Dr. Wale Olawoyin, SAN, former AG Ekiti State, Mr. Olawale Fapohunda, Chief Wale Taiwo, Mr. Mena Ajakpovi and NBA 1st Vice President, Mr. Caleb Dajan at the International Bar Association (IBA) Africa Conference
L-R: Former AG Ekiti State, Mr. Olawale Fapohunda, Mr. Mena Ajakpovi, Council Secretary NBA-SBL, Mrs. Priscilla Ogwemoh, Mr. Dele Belgore, SAN and Chairman NBA-SBL, Mr. Olumide Akpata
Olanipekun, Law Firm Win Big at ESQ Nigerian Legal Awards 2017 Akinwale Akintunde Former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun, SAN and his law firm, Wole Olanipekun & Co., emerged as big winners at the 2017 ESQ Nigerian Legal Awards. While Chief Olanipekun emerged as one of Nigeria's Senior Advocates who are role models and big inspirations to young lawyers and law students across the country, his Law firm, Wole Olanipekun & Co, emerged the as the Dispute Resolution Team of the year. Speaking at the award ceremony which was held on November 12, 2016 at the Landmark Event Centre, Lagos, Mr. Bode Olanipekun, a partner at Wole Olanipekun & Co, said the awards both to Chief Olanipekun as a role model and that of the law firm, are rewards for years of consistent efforts at developing people, which is something very dear to his heart. “Developing people and seeing people grow, gives Chief a lot of joy and I’m sure he’s
very excited about the awards, that these efforts are being recognised and appreciated”, he said. Bode Olanipekun, who received the SAN Role Model Award and Disputes Resolution Team of the Year Award on behalf of Chief Olanipekun, said he is proud to have Chief who is selfless, as a father, adding that the recognition of Chief and the law firm is a challenge to do more in helping to develop people. “It’s a challenge to emulate him, and to try our own little effort to follow in his footsteps." ESQ Nigerian Legal Awards, is hosted by ESQ Legal Practice magazine, to recognise, honour and celebrate outstanding law firms and legal professionals in Nigeria. The award recognises novel deals/transactions across different sectors, and the In-House team as well as the law firms, who were involved in structuring the deals within an eighteen month period.
Awards convener and Chief Executive Officer (CEO) of Legal Blitz Ltd, publisher of ESQ Legal Practice magazine, Mr. Lere Fashola, said the Annual awards, which is 5th in the series, came up with the initiative of recognising some SANs as role models, with the aim of encouraging lawyers in equity to develop the value of diligence, eye for goals, commitment, and team spirit, while focusing on the contributions of their individual role models to the national and international development of the legal profession. According to Fashola, the SANs category of the Nigerian legal awards, celebrates their noble contributions to the growth and development of the future of the legal profession in Nigeria. “The ESQ Nigerian Legal Awards is set up to celebrate the important contributions of lawyers to the growth of businesses in Nigeria. It recognises the excellent, innovative and positive impact of lawyers on the legal
profession and businesses across the various sectors of the Nigerian economy. Among the past winners are former Governor Babatunde Raji Fashola, the first female Senior Advocate of Nigeria, Chief Folake Solanke, retired Judge of the Supreme Court, Honourable Justice Olayinka Emmanuel Ayoola, and many others”, Fashola stated. Other Senior Advocates who also bagged the Role Model Award include, NBA President, Mr. A. B Mahmoud, SAN, former NBA President, Dr. Olisa Agbakoba, SAN, Mr. Odein Ajumogobia, SAN, Mr. Dele Adesina, SAN, Chief Adegboyega Awomolo, SAN. Also recognised as SANs Role Model are former NBA President, Mr. Augustine Alegeh, SAN, Chief Bolaji Ayorinde, SAN, Mr. Babatunde Fagbohunlu, SAN, Mrs. Dorothy Ufot, SAN, Mrs. Abimbola Akeredolu, SAN, Mr. Paul Usoro, SAN, Mr. Kemi Pinheiro, SAN and Professor Gbolahan Elias, SAN.
Kwara CJ Pardons 16 Convicts, Suspects Hammed Shittu in Ilorin Chief Judge of Kwara State, Justice Suleiman Kawu, has granted pardon to 16 convicted and awaiting trial inmates of Oke Kura and Mandala prisons in Ilorin Addressing journalists after a visit to the Nigeria Prisons Service located at Oke Kura and Mandala prisons, Ilorin at the weekend, the CJ said that the exercise was carried out on the request of the Federal Government through the State Government, to effect prison decongestion in parts of the country. The Chief Judge, who said that the exercise was not aimed to short circuit court trials, added that the inmates were granted freedom either for unlawful arrest and detention, or civil cases that required no detention. He said that implements of arrest of some of the inmates were not available, adding that facts supplied for
three arrested juveniles that were detained for allegedly belonging to a group of armed robbers, did not support the facts. It was gathered that the Oke Kura prisons which has a 121 inmate capacity, had a total of 425 inmates, while that of Mandala prisons with a 160 inmate capacity, had 239 inmates. The CJ, who said that he would pay regular visits to the prisons, to effect prison decongestion, advised those freed to find something doing. Also speaking, the officer in charge of Ilorin Prison, DCP Adeyinka Adebayo, said that facilities in the prisons were overstretched, adding that the overpopulation situation had resulted in different kinds of diseases like scabies, craw craw etc. Responding, the CJ said that: "We observe over time, that most of the inmates have skin disease, and we urge the authorities of the prisons
to take steps to arrest the situation before it spreads to other inmates". He stressed that, "Whatever we feel the State Government can do for you as you requested earlier, we will try our best to contact the State Government to fulfill its promise of providing vehicles for you, and to take urgent steps to provide medical inputs to treat those inmates who are sick. "We have gone through the list of a total of 182 inmates consisting of convicted and awaiting trial, and we have come to a decision, upon examination that 15 inmates are deserving of being released in custody today". The CJ noted that, "the basis of our decision to release them, is mainly because we are of the view that their detention is manifestly unlawful. We have seen that some of the cases are civil in nature and not criminal,
which will not attract any arrest or detention. "We also observed that, in some cases, the instruments of arraignment are either defective or not available. No proceeding can issue out of invalid instruments. So we have taken steps to release these inmates. "We also observed that, there are some juveniles detained for belonging to a gang of thieves, through the facts contained in the First Information (FIR). We are of the view that the facts do not support the allegations contained in the FIR. So we have ordered they be released forthwith. "I just want to seize this opportunity, to urge you to go and find something to do, because I will not want to find you back here again in the next one or 10 years. Please, do not involve yourselves in any criminal acts again."
Lagos CJ Urges Staff To Embrace Her Commitment Statement for Quality Service Delivery Akinwale Akintunde Lagos State Chief Judge, Hon Justice Opeyemi Oke, has urged members of staff of the Lagos State Judiciary, to key into her Commitment Statement for the State Judiciary. Justice Oke made the call last week, while unveiling her commitment statement, at both Ikeja and Igbosere premises of the judiciary. The Commitment Statements are written boldly on giant boards erected on the premises of the court both in Ikeja and Igbosere, Lagos. The Chief Judge said the statement emphasises the hallmarks of accountability, transparency, and efficiency needed for effective discharge of duties within the State Judiciary. “As the 6th female and the 16th Chief Judge of Lagos State, I made a commitment statement at the inception of
my tenure and at the swearing in ceremony, to ensure a new dawn in the Judiciary, and to redeem the battered image of the Judiciary, by ensuring that every member of staff keys into my mission and vision statement, in order to improve on the service delivery“, Justice Oke noted. She said her intention was to use the Commitment Statement, as a constant reminder of the duties and obligations that must be professionally delivered to members of the public, and to also show her determination to bring a new dawn to the State Judicial system. While thanking all the staff of the State Judiciary, the Chief Judge added that the Commitment Statement will be erected in all court premises and chambers within the Lagos State Judiciary, as well as the five divisional offices of the Nigerian Bar Association.
ICC Nigeria Holds 2017 Annual Dinner Akinwale Akintunde The International Chamber of Commerce Nigeria (ICCN) will on November 24, 2017 hold its Annual Dinner and Dance, to celebrate its achievements and milestones. According to the statement issued by the ICCN Secretary General, Mrs. Olubunmi Osuntuyi, the dinner and dance scheduled to hold at the Main Hall of Metropolitan Club, Victoria Island, Lagos, will also be used to mark the 80th Anniversary of the ICC Marketing and Advertising Code. Sir Steve Omojafor, frpa, OON, Chairman, STB McCann Nigeria, is the Special Guest of Honour and Keynote Speaker for the 2017 Dinner, which will be held in partnership with Nigeria Port Authority. Mrs. Osuntuyi said the dinner would be graced by a cross-section of notable Business Leaders,Eminent Personalities and Captains of Industry in both the private and public sectors
of the economy, as well as members of the Diplomatic Corps. “For 80 years, the International Chamber of Commerce (ICC) Commission on Marketing and Advertising, has worked tirelessly to promote its core mission: advancing principles of responsible commercial communication through effective self-regulation. “An overarching principle of the ICC Code, is that marketing communications must be legal, decent, honest and truthful, considering how the communication is likely to be interpreted by the primary target audience. With respect to those audiences, advertisers not only should adhere to general standards designed to promote truthful and fair advertising, but also have special responsibilities when marketing to children and teens. “Advertising is the vehicle through which consumers
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SERAP: How to Effectively Prosecute Abandoned, Unresolved High Profile Corruption Cases Akinwale Akintunde The Socio-Economic Rights and Accountability Project (SERAP), recently organised a Media Roundtable on “Strategies and Approaches for the Completion and Effective Prosecution of Abandoned and Unresolved High Profile Cases of Corruption and Impunity in Nigeria”. This event was organised in collaboration with Trust Africa. The event was well attended by eminent members of civil society and top government officials, like the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, represented by Mr Okoi Obono-Obla, and Chairman, Presidential Advisory Committee Against Corruption, Professor Itse Sagay, SAN. Others were Mr. G.K. Latona, Head of Legal, Economic and Financial Crimes Commission (EFCC) representing the EFCC Chairman, Ibrahim Magu, and Ogun State Attorney-General and Commissioner for Justice, Mr. Olumide Ayeni, who chaired the event. Mr. Ayeni set the ball rolling when he said, “Any person who loves this society will welcome and attend events of this nature. It is a very important subject we are here to discuss, to find ways of addressing the cankerworm that has evaded our society". Mr. Okoi Obono-Obla, on his part said, “I admire what SERAP is doing. It is not Buhari's work to fight corruption alone, it is all our fight. It is corruption that is fuelling this agitation by the different groups.” While Mr. G.K Latona said, “We are not working at cross purposes with the Office of the Attorney-General of the Federation; we are cooperating with them. We have a wide range of corruption cases in concert with state agencies. The Attorney-General's Office, has the right to initiate new high-profile corruption cases and investigate it themselves,
without waiting for cases initiated by the EFCC. We are also working on best practices manuals for the prosecutors and investigators; if you want a corrupt free society, we must all work towards it". In his keynote address, Professor Itse Sagay, SAN, advocated for “stiff punishment for counsel, particularly Senior Advocates, who have turned obstruction and frustration of proceedings on high-profile corruption cases, into an art". According to Sagay, prosecuting authorities must “Insist on full application of Sections 306 and 396 of the Administration of Criminal Justice Act, namely: No stay of proceedings under any circumstances – S. 306. Any preliminary objection must be taken together with the substantive issue – S. 396(2), and hearings shall be on a daily basis, but in exceptional cases, adjournments not to be in excess of 14 working days, may be granted. Such adjournments not to exceed 5 in any proceedings – S. 396 (3) and (4)". Sagay also recommended that, “A High Court Judge who is elevated whilst presiding over a criminal case, should be allowed to conclude the case without any effect on his new status. The Head of various Courts, namely Chief Justice of Nigeria; President, Court of Appeal; Chief Judge of the Federal High Court; and Chief Judges of State High Courts, should be sensitised about the very critical nature of the fight against high-level official corruption to Nigeria’s development and the welfare of its peoples". “It is very important to deploy the Administration of Criminal Justice Monitoring Committee and Civil Society Groups, to monitor all high profile corruption cases on a day to day basis (i) to ensure that corruption cases are heard speedily and in full compliance with Sections 306 and 396 of the ACJA, (ii)
to report non-compliance by any Judge to the National Judicial Council (NJC).” “All suspected proceeds of crime, should be placed under temporary forfeiture during the trial of a highprofile person. Prosecuting authorities should resort to Non-Conviction Based Asset forfeiture, where proof beyond reasonable doubt is difficult to achieve because of technicalities. Prosecuting authorities, should also consider resorting frequently to the Plea Bargaining Provisions of ACJA, in order to save time and State resources", Prof. Sagay further added. Discussion at the roundtable meeting, was very open and free as contributors made a lot of positive contributions towards the topic of discussion. Mr. Abubakar Balarabe Mahmoud, SAN, President Nigerian Bar Association said, “Lawyers should report to the NBA, anything they observe in court that is corrupt". Mr. Babatunde Ogala on his part, said that “The moment you take public office, the expectations of you are very high. Corruption is a problem in all of us, our values encourage corruption, pressure from family and well-wishers, once you attain political office. Government is fighting corruption to the best of its ability". While the Guest Speaker, Professor Yemi Akinseye-George, SAN, said that, “The best way to rob a country, is to buy its political system. There are several high profile corruption cases that are stuck and unresolved- no acquittal, no conviction. The National Judicial Council, should be proactive in tackling corruption. Judiciary must purge themselves of corruption, so that they can avoid executive interference. We also need to leverage on e-recording of proceedings, and put an end to writing in long hand by judges". There were many recommendations
from the Media Round Table, which are beneficial to the Federal Government of Nigeria, the Ministry of Justice and EFCC, particularly in the fight against corruption with regards to high profile corruption cases, which are cases involving high public officials or former or serving political office holders, such as ministers, governors, legislators, judges and other politically exposed persons (PEPS). Example of such unresolved High Profile Cases involving PEPs, are the Senator Iyabo Obasanjo-Bello case, which the EFCC commenced in April, 2008. The Defendant was charged with receiving N10 million, allegedly stolen from the Federal Ministry of Health. Others allegedly involved in the matter are former Minister of Health and the Deputy, and they were alleged to have stolen over N30,000,000 from the Ministry’s unspent funds from the 2007 budget. However, the case has not been resolved till date, as there was no acquittal, no sentence. Secondly, the case of Chimaroke Nnamani, former Governor of Enugu State, which was commenced by the EFCC before the Federal High Court, Lagos in May, 2007; 10 August, 2009. The ex-Governor was charged for embezzlement of State funds, to the tune of N5.3 billion. Others allegedly involved in the case are Cosmo FM Radio Station, Rainbownet Nigeria Limited, and other companies believed to be owned by the ex-Governor of Enugu State. After arraignment, the case has suffered a long adjournment, and till now it has not been resolved, as there was no acquittal, no conviction. And Defendant was subsequently elected as a Senator from 2007 till 2011. Also, the case of Saminu Turaki, former Governor of Jigawa State, who was alleged to have misappropriated the sum of N36 billion from State funds; laundering public funds of various values under 14(1) (b) CONTINUED ON PAGE 13
Legal Personality of the Week Tokunbo Fatai
‘Perseverance Should be the Guiding Principle in Legal Practice’ My name is Tokunbo Fatai. I am an indigene of Ilesa, Osun State. I had my primary and secondary education in Ilesa at Ifeoluwa Primary School and Saint Lawrences Grammar School. I attended Ahmadu Bello University, Zaria with a professional Diploma in Library Science and Information. I also attended Nnamdi Azikiwe University, Awka for my Bachelor of Science in Management and Masters in Business Administration from University of Calabar. I then proceeded to Lagos State University to bag my LLB and Nigerian Law School, Lagos Campus for BL, l did a couple of professional studies in computer science. I worked in the law firm of Olisa Agbakoba & Associates, before l joined with the law firm of Norrison Quakers, SAN, where I currently serve as a Senior Associate. I belong to several professional bodies such as Nigeria Law Library Association (NLLA), Development Network (DEVNET), just to mention but few. I have also attended many conferences and seminars both local and internationally. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? There is no profession without its challenges.The major challenge l have encountered in the legal profession, is the serial adjournment of cases that consequently
Judge of Lagos State Judiciary, called me a liar over a Counter-Affidavit which I truthfully deposed to, but with supposed facts that ensued from the litigant. On this fateful day, the whole Bar went agog, with Lawyers in court protesting and grumbling at the unprofessional attitude of the Honourable Judge. What was your most memorable experience as a Lawyer? The legal profession is an interesting profession, particularly for some of us in litigation. It has always been one memorable event after the other. But one of my most memorable experiences, was during the early years of my practice when l started and concluded a fundamental rights enforcement matter victoriously for one Nigeria Bank, within a space of three months.
Tokunbo Fatai
brings about delay in the administration of justice. Also, the frustrating attitude of litigants in the course of adjudicating on their matters, is equally a major challenge. Some litigants are economical with the facts they are supposed to provide to lawyers for their cases. What was your worst day as a Lawyer? My worst day as a Lawyer, was when a
Who has been most influential in your life? The story of my life and success in the legal profession, cannot be complete without mentioning some important personalities and senior colleagues who have contributed one way or the other to my success story. Notable amongst these are Dr. Olisa Agbakoba, SAN who was highly instrumental to my legal career and Norrison Quakers, SAN who is my current mentor. Why did you become a Lawyer?
Apart from the nobility and the lucrative nature of the profession, people like Olisa Agbakoba, SAN, late Gani Fawehinmi, SAN and late Chief Rotimi Williams, SAN have always been a source of encouragement to me, especially when I hear about and see their contributions to humanity and the society at large. They have one way or the other, mentored me in the profession particularly my years of service with the law firm of Olisa Agbakoba, SAN. What would be your advice to anyone wanting a career in Law? My advice to anyone wanting a career in the legal profession, is to earnestly crave for it, disregarding the ups and down at the beginning. Perseverance should be the guiding principle, as it pays off eventually. I would therefore, advice that anyone who truly desires a career in legal practice, should have the staying power to endure a rather tough start; though the beginning may be rough, but there is always light at the end of the tunnel. If you had not become a Lawyer, what other career would you have chosen? Of course, I would have been a Librarian and Information Science Specialist. Where do you see yourself in ten years? In the next ten years, l see myself becoming a Senior Advocate of Nigeria, God willing.
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‘Government Should Consider Appointing a Female AGF’ She treaded where even angels feared to tread. Twenty-Five years ago, she became the first and only female to have held the office of President of the Nigerian Bar Association, amidst turmoil and grave risk to her life. Today Dame Priscilla Olabori Kuye, a Life Bencher, after 50 years at the Bar, can only look back with fulfilment at her humble achievements, with the numerous female and male lawyers she has mentored. Dame Kuye reminisced with Onikepo Braithwaite (her daughter) and Tobi Soniyi, discussing her tenure as NBA President, her role in Egbe Amofin, her views on the marginalisation of the South East Zone and Restructuring of Nigeria
Y
ou were the first and only female President of the Nigerian Bar Association. Over 25 years later, no other woman has occupied that post. Why is this so? Is the NBA guilty of sex discrimination? Even the list of emerging Presidential candidates for the 2018 NBA election does not seem to feature any women. There has also never been a female Attorney-General of the Federation. Would you say that the legal profession in Nigeria has been fair to its female members? I thank God that by His grace, I am the first female President of the Nigerian Bar Association. But I don’t believe that there is sex discrimination in the Nigerian Bar Association. You know when we go for our elections, the men of course are more than the women. I believe the men should give the women space. For instance in the penultimate elections a female, Mrs. Funke Adekoya, SAN contested. By our reckoning amongst the lawyers, Funke was the best candidate, but she did not win. So, it’s a matter of votes. We campaign, but the men are more than us. That is why I believe the men should give the women space. Like the Accountants, the men allow their female members to become Presidents of their professional body. They have had many female Presidents of Institute of Chartered Accountants of Nigeria. Now, as regards the office of Federal Attorney-General, I was offered that office of AGF by the Babangida regime, but for personal reasons, I declined. Many people may not know, so it may not be correct to say that a woman has never been offered the office of AGF before. But for personal reasons I declined, because I wanted to be President of the NBA, and at the same time they were offering me the position of AGF. I preferred to be President of the Bar. My husband actually campaigned for Akpamgbo to be AGF at the time. But apart from that, I don’t know if they ever offered women the position of AGF again. So Government should try and do something about this. You see, women are hard working. We are very hard working, and we are not corrupt. Well, someone mentioned Diezani Alison Madueke, the former Minister of Petroleum Resources, is a woman and accused of corruption, but by and large, if you look at it holistically, our men have more tendency to be corrupt. Government should seriously consider having a female AGF when next Federal appointments are being made. You just mentioned the crisis in 1992, the Port Harcourt debacle which led to the NBA being dormant and going into limbo for six years, cannot be easily forgotten by Nigerian lawyers. Many still remember your gallantry in standing up to the Military Authority of the day, even when men would have easily succumbed to their intimidation. What gave you that strength? How did you survive the Babangida Hurricane? What lessons should Nigerian lawyers learn from that incident? Let me just say I was saved by God. They attempted to assassinate me in Port Harcourt, but God saved me. One with God, is majority. When you are with God, he saves you. What the NBA should learn and hold strongly to from that crisis, is that it is the watchdog of the society. When the Government is trampling on the fundamental rights of its citizens, the NBA must speak up! And if the Government is doing good things, praise them. During my own tenure as NBA President, we stood up for what was right. You know under the military, they didn’t really believe in the rule of law, they didn’t promote human rights. So the NBA had to be on its toes, and alive to its responsibilities. That was what I did with my Executives, though I suffered. They seized my passport and they did not allow me go on so many international trips that I should have gone, but I am happy I did what I did, and God was with me. It was God who saw me through. It was God who gave me the strength and the grace. I later heard that so many people were praying for me, especially on that day of the election. I heard
that many people went on their knees praying for me, because my life was in danger. The NBA must always promote and abide with the spirit and provisions of its constitution, most importantly being the watchdog of the society. The NBA must, as a matter of duty and social responsibility, defend the interests of Nigerians and keep the Government on its toes. The Board of Trustees of the NBA which you are a member of, was sued over the Association’s last elections which was conducted by electronic voting. It is unheard of, that the NBA is taken to court by a member. As a past President of the NBA and a member of the Board of Trustees, how can the issues in the suit be resolved? You see, Chief Gadzama, SAN was hurt and upset, because he alleged that they tampered with the electronic voting process. That he should have won the election. But when you have an election, someone has to win. The Board of Trustees met in Abuja to resolve this matter, under our Board of Trustees Chairman. We advised that the lawsuits be withdrawn. That was what we told them. We also strongly advised that the NBA Constitution should be amended, to reflect what the members want. Some of them have complied with what the Board of Trustees said. We told them to ensure that they follow the constitution to the letter. Most importantly, we advised them to ensure they regularise and register the NBA constitution, which the court declared null and void. That they should go to the Corporate Affairs Commission to regularise and register the amended constitution. And I think they have done that now. However, I believe that there should not be anymore acrimony over NBA elections. I was discussing with some lawyers recently, and I said ‘look, why don't we have a system, where the 1st Vice President will automatically become the President of the Association?’ That is what the Accountants do. Like the Commonwealth Lawyers Association. They always know their Presidents, ahead of time. I was a Vice President of the Commonwealth Lawyers Association. They have a very good system. I didn’t want to be President, because you have to go round the whole world. Because of my age, I didn’t want that. But I am happy that Mrs. Boma Ozobia eventually became the President. This is what I have always advocated in the NBA. The NBA should adopt that system. To do that, we must choose our Vice President carefully, so that the 1st Vice President will become the President of the Association. If we do that, we won't have this acrimony. Now, the NBA constitution is being amended, and I strongly urge that they include this provision in the new constitution. If that provision is made, we will have this situation that does not make it look like to be President of the Bar is a do-or-die affair. After all its service, you are going there to serve the Association and the Nation. The umbrella body of lawyers of Yoruba extraction, Egbe Amofin, has been engulfed in a crisis for over 3 years. The Screening Committee which you chaired in 2014, to select a Presidential Candidate in the NBA election could not resolve the contentions and the body is still deep in crisis. In 2020, it will be the turn of the South- West to produce a Presidential Candidate. What is your advice to Egbe Amofin, to avoid the pitfalls of 2014 and get well prepared for 2020? I will just say that, there should be unity in Egbe Amofin. There should be unity. Egbe Amofin should have a constitution, and we must follow that constitution. Many people may not know this. I was the Chairman of that Committee, and I recommended that Mr. Dele Adesina, SAN should be supported as the candidate for NBA President at that time. This is because he submitted to the jurisdiction of that Committee. All the other lawyers, did not submit to our jurisdiction. But the members of my Committee, kicked against my recommendation. I was a loner. To make matters worse, all the other candidates refused to step down for Adesina. They were all disunited. Funke Adekoya, SAN, Chief Niyi Akintola, SAN, they were all struggling for the position. Nobody was ready to step down for the other. Through that our default, the Presidency went to Alegeh, SAN.
"LET ME JUST SAY THAT, I WAS SAVED BY GOD. THEY ATTEMPTED TO ASSASSINATE ME IN PORT HARCOURT, BUT GOD SAVED ME"
Dame Priscilla Kuye PHOTOS: Kolawole Alli
"I WAS OFFERED THAT OFFICE OF AGF BY THE BABANGIDA REGIME, BUT FOR PERSONAL REASONS, I DECLINED....BUT FOR PERSONAL REASONS, I DECLINED BECAUSE I WANTED TO BE PRESIDENT OF THE NBA, AND AT THE SAME TIME THEY WERE OFFERING ME THE POSITION OF AGF. I PREFERRED TO BE PRESIDENT OF THE BAR"
So, we need unity in Egbe Amofin. We also need a constitution which we can follow. We must put our house in order. Sometimes, we have to step down for each other, so that we don’t lose everything. I wrote my report, and I asked that Dele Adesina should be adopted as our candidate, but members of my committee said ‘No!’ and they were in the majority. Like tyranny of the majority Yes. And its very sad. Are you a proponent of State Bar? Isn’t it similar to the what obtains now with the Branches? I am against State Bars. What we have now, is quite adequate. They should follow the constitution. In fact, what started the problem at the national level, was that the national wanted to curtail the powers of the Branches. But the Trustees said ‘No! let the Branches be. Let them follow their own bye- laws.’ I am happy as a person with the Branches. They are doing well. They should be allowed to continue that way. Do you think that there should be compulsory pupillage for new wigs, for at least a year or two and/or a fixed period of time, like say 5 years, set down for lawyers to gain experience before setting up their own chambers, in order to improve the standard of legal practice in Nigeria? I worked for a senior lawyer for three years, before I set up my own chambers. It is good to have pupillage. We must encourage our junior lawyers, to go into well established chambers and learn the art of advocacy. It is not good for a new wig to just draft a motion, go to court and start arguing in the High Court without proper practical training and preparation. The seniors should teach the juniors some of the rules. But I am not sure that it should be made compulsory, and the years in my view should be two. At least two years, not five years. Although I stayed three years with Lawyer John Burke at Burke & Co, and I learnt a lot. I don’t regret it. I did three years pupilage there, before setting up my own practice in 1970. Now I am 50 years at the Bar. Do you think that the October 2016 DSS raid on Judges was necessary? Has it achieved anything positive in terms of stemming judicial corruption? I do not think that raid was necessary. It wasn’t necessary at all. This Government, must learn to do things according to the rule of law. They should promote the rule of law. They must learn to obey court judgements. That is very important. This Government is not promoting the rule of law, and they are disobeying court judgements and court orders. I don’t support the raid on judges homes. In any society, there are good and bad people. Our Judiciary is one of the best in the world. There are honest and truthful judges, who keep to their oaths of office, but there are a few bad eggs there. We cannot deny that fact. The society has rubbed off on them. I don’t really think that raid has cleared corruption. And it was uncalled for. Look at one of the Judges, Justice Ademola. The court has cleared him. What is good, is for Nigerians to change their ways. Don’t give bribes and don’t receive bribes. We need moral rearmament in Nigeria. Each person has to look inward to say, ‘I am against corruption.’ Our society will better off. And it should start from the high-ups and flow down. Do you agree that the major appointments made by the Buhari Administration have been lopsided in favour of the Northern Zone of the country?
Do you believe that the South East Zone has been marginalised? Well, we all read the newspapers, and I read the newspapers as well. The North- East has been favoured in federal appointments. When you take a critical look at these appointments, like the Chief of Staff, the National Security Adviser, the Chief of Army Staff, Chief of Air Staff, Inspector General of Police, they are all from one part of the country. Even the Northerners too, are complaining. I strongly believe that the South-East has been marginalised in terms of federal appointments. But what makes me happy, is that the President has said that he is going to look into it. And we hope he will really look into it, and not repeat this same mistake again. Yes, merit is important, but Federal Character is in the Constitution. We should not allow any singular State, to CONTINUED ON PAGE 10
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‘GOVERNMENT SHOULD CONSIDER APPOINTING A FEMALE AGF’ produce all the important national officers. That is why you have all these agitations in some States. So many injustices. Look at IPOB complaining about marginalisation. It all stems from injustice. Even Boko Haram, was said to have arisen from injustice. They claimed they were denied access to education. Injustice. Everybody has a right to be educated. We have the Boko Haram and the Fulani Herdsmen. We have too many problems in this country, so let Government be just to everybody. Look at the appointments that were made at NNPC, there was nobody from the South-East. Would you blame them for complaining? The President should just correct all these anomalies. For instance, I am a Christian, and I heard that in the North, they don’t give Christians land to build their Churches. It is injustice! Let the Government correct all these things. Because we want a just society, where everybody must have a sense of belonging. You see this IPOB, they feel they have been marginalised. The Government should look into their complaints, and dialogue with them. There is nothing that dialogue cannot resolve. Even in war, when you go to war, you still have to dialogue. What are your views on Restructuring? Is the 1999 Constitution defective as some say? Should we revert to the 1963 Constitution? Or does what Nigeria really need, is beyond constitutional amendment, simply good governance? We need good governance all right, but we also need Restructuring. Look at our 1999 Constitution (as amended), it says ‘Decree No. 24’! our Constitution is Decree No. 24, a military contraption. The people had no say in it. I don’t believe it is a good Constitution. It should be jettisoned, and another Constitution be enacted. We don’t want Decree No. 24. I believe in Restructuring. If you look at the Exclusive Legislative List, it has 68 items. Powers given to the Federal Government. There is an over- concentration of powers. We are running a Unitary system of government, instead of a Federation that will allow the states to develop at their own pace. I believe that we need devolution of power to the States. We should give the States more powers, like State Police, like resource control. I believe that what our founding fathers did in 1963 in that Constitution, we have to go back to it. We had six regions. You remember at that time, the regions were developing at their own pace. The North had groundnuts. We had cocoa in the West. They had coal in the East. They developed at their own pace. They were not going ‘cap in hand’ to the Federal Government, to go and beg for allocations and bailouts. They weren’t running to the Centre to go and beg for money, Paris Refund, etc. We had money. In the West. I am from the West, and we had free education. Awolowo our Premier, gave us free education, which was great in those days. Definitely power must devolve to the States. I would like to see the old six regions. But you see, when you say all these things, the Senate and the House of Representatives, are they ready for this Restructuring? I am not sure that they are. One thing that is important in all this, is that the President should call a conference. That is what will unite us. We should sit down and reason together. In the conference called by President Jonathan, they told us decisions were taken. At least let us see and look at what those decisions were. Let us see the Communiqué and know what it contains. People are dissatisfied with the way the Government is being run. It is not a true Federation; power must devolve to the States. The States should be able to enjoy the resources comes from their States, like minerals. Let us give 50% to those States, 30% to the Centre, 10% to the Local Governments and 10% to the Federal Government. But the States must be able enjoy what they have. In recent times, some have canvassed that the retirement age of Judges should be slightly increased to 70 years at the High Courts and maybe 75 at the Appellate Courts. In the United
States, we have Judges who are still sitting at 80. Would you support that call for upward review of retirement age for Judges? I think I would support that call. Because you cannot buy experience. You see, at that age they would have really matured and mellowed. In Britain, Lord Denning sat until he was very old. And he was sound. So, I agree and support an upward review of retirement age for judges. After all, I am 77 years old and I still go to my chambers everyday. I still practice law. There have many complaints about falling standards in legal education. Would you support that the law school programme be made two years? or that law be made a second degree? So that you must first acquire a first degree in another discipline before going to study law. On which side of the divide are you? People have been agitating for this. That law should be a second degree. But when you think of the finance, the parents, how will they be able to cope? Look at the economy right now. People are complaining that there is no money, although there is money in Abuja. Its just that, the majority of Nigerian parents are poor. To educate a child now to is quite expensive, especially with all these strikes
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they are having. Its not easy for the parents. Many States are owing salaries of workers, many months. That shouldn’t happen in this country. So, extending the law school programme to two years will be hard on parents. I think one year is enough. In my own time, we did only 6 months or so. I was in 1966-67 set, with Justice Aloma Mukhtar CJN (retired). I don’t think we are bad lawyers. So, I think one year is enough. As for falling standards, they should revisit the law school curriculum. I would rather advocate that, they slightly extend the time they spend on court attachment, so that the students have more time to learn. Some have argued and recommended that the office of the Attorney-General and Minister of Justice be separated as against what we have presently where both offices are fused into one. Would you agree with such calls? I don’t support such a call for a split in the offices. I like to see the two offices as one. I don’t know the reasons they are adducing, but I think it is quite alright the way it is now. Some argue that one is political and the other professional. I don’t see any merit in that argument. But the Attorney-General is a politician! Everybody is a politician in one way
"I STRONGLY BELIEVE THAT THE SOUTH-EAST HAS BEEN MARGINALISED, IN TERMS OF FEDERAL APPOINTMENTS. BUT WHAT MAKES ME HAPPY, IS THAT THE PRESIDENT HAS SAID THAT HE IS GOING TO LOOK INTO IT. AND WE HOPE HE WILL REALLY LOOK INTO IT, AND NOT REPEAT THIS SAME MISTAKE AGAIN"
or the other. We may not be carrying party cards, but our political views are different. The way the office is right now is fine. It has been working well, and I don’t see why there should be a split in the offices.
T H I S D AY TUESDAY NOVEMBER 21 2017
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On November 13, 2017 Epiphany Azinge Foundation held its 2017 Lecture/ Award with the theme ‘Nigeria in Search of a Detribalised Race’ at the Yar’dua Centre. Here are some of the personalities that attended the event. photos: Julius Atoi
L-R: Professor Epiphany Azinge, SAN, Cardinal John Onayikan and Former Chief Justice of Nigeria, Hon. Justice S M A Belgore
Former Chief Justice of Nigeria, Hon. Justice S M A Belgore (left) and former Head of State, Gen Yakubu Gowon
Deputy Senate President, Senator Ike Ekweremadu (left) and Professor Uche Azikiwe
Ondo State Governor, Rotimi Akeredolu, SAN (left) and Cardinal John Onaiyekan
Bishop Matthew Kukah (left) and Delta State SSG, representing the Governor, Festus Agas
Professor Epiphany Azinge, SAN and his wife, Valerie
Hon. (Mrs) J. Mrakpor and Chief M A Agbamuche
Professor Paul Idornigie, SAN (left) and Mr. Jamiu Abiola
Former Speaker, DTHA, Rt. Hon. Peter Onwuasanya (left) and Arthur Obi Okafor, SAN
21.11.2017
THE LIGHTER SIDE/13
LEGAL HUMOUR
We Hold Your Brief TOBI SONIYI Dear Counsel, Your advice on this will certainly be taken seriously, and it will determine what next steps we take. After 11 years as Pastor in different branches of a Pentecostal Church, I along with three others eventually registered our own Church two years ago. We acquired a parcel of land in Kubwa, Abuja where we have been worshiping in a temporary structure. The land was genuinely acquired, and we have even obtained an approval for our main church building. We observed that soon after we started our Church, some people just didn’t seem to want our presence in the area, for whatever reasons. On a number of occasions we received threat letters from unidentified persons, that we should move the Church out of the area. We reported this to the Police, and they promised to look into it. A few weeks ago, while we were having our night vigil, some young men stormed into our premises, and cut off our power supply. They thereafter, physically harassed and molested some of our members, including our female members. They took away some of our church items, including a wireless microphone. These hoodlums were later identified the next morning, by our men. Although the items were recovered from them, the Police refused to arrest them despite our lodging a complaint with them. Since January, we have not held any night vigil, as our members are afraid of further harassment. Please, advice us on the position of the law, with respect to these kinds of acts of threats on our church. Evangelist A. Amobi, Kubwa, Abuja
Dear Evangelist Amobi, It is purely a criminal offence, for anyone to disrupt proceedings in a religious place of worship. The law is very clear on this. Besides this, the incident you described amounts to theft. I am indeed surprised that the Police did not take any steps to arrest and arraign the perpetrators. However, the Criminal Code Act at Cap 77 Laws of the Federation of Nigeria, Part 4 Chapter 19 makes provisions on Offences relating to Religious Worship. Section 204(2-3) states that ‘Any person who by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing his duty; or assaults, or, upon or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof; is guilty of a misdemeanour, and is liable to imprisonment for two years.’ Even the 1999 Constitution of the Federal Republic of Nigeria, in Section 38 guarantees freedom of religious worship. You are therefore, advised to petition through your Lawyer, to the Commissioner of Police in charge of the Federal Capital Territory, over the lackadaisical attitude with which the Police in the area has chosen to handle this matter. I have no doubt, that he will bring the culprits to book, and provide the necessary security. This is the only way you can ensure that your services can hold without harassment.
Humpty Dumpty, the tooth fairy, an old drunk and an honest attorney are all walking down the street together. Simultaneously, they each spot a one-hundred dollar bill lying on the sidewalk. Who gets the money? The old drunk, of course. The other three individuals only exist in fairy tales. ˾˾˾ A Russian, a Cuban, an American and a Lawyer are seated in the same compartment on a train. The Russian takes a bottle of vodka out of his luggage, pours some into a glass, drinks it, and firmly stated, "In Russia, we have best vodka in the world, nowhere in the world you can find vodka as good as one we make in mother Russia. And, we have much of it, so much we can just throw it away like water ..." That said, the Russian opens the train's window and hurls the vodka out of the train. The others in the compartment are quite impressed. Just then the Cuban removes a box of Havana cigars from his luggage, removes one, lights it and begins to smoke. "In Cuba, we have the best cigars of the world 'Havanas', nowhere in the world are there such many and good cigars, and we have much of them also, such many that we can just throw them away ...." Making that bold statement, the Cuban sends the box of Havanas the way of the vodka. Once again, the compartment's occupants are quite impressed. At that moment, not to be out done, the American abruptly stands up, opens the window, and throws the Lawyer out! ˾˾˾ Why does California have the most attorneys, and New Jersey have the most toxic waste dumps? New Jersey got first pick. ˾˾˾ What's black and brown and looks good on an attorney? A doberman pinscher. ˾˾˾ A priest settled into a chair in a lawyer's office. "Is it true," said the Priest, "that your firm does not charge members of the clergy?" "I'm afraid you're misinformed," stated the lawyer, "People in your profession can look forward to a reward in the next world, but we lawyers have to take ours in this one." What do have when a lawyer is buried up to his neck in wet cement? Not enough cement.
SERAP: HOW TO EFFECTIVELY PROSECUTE ABANDONED, UNRESOLVED HIGH PROFILE CORRUPTION CASES CONTINUED FROM PAGE 6 of the Money Laundering (Prohibition) Act 2004, was commenced by the EFCC but never resolved. The Defendant was said to have jumped bail, and case was transferred to his home State of Jigawa. Turaki won a seat in the Senate, and served from
2007 and 2011. He was recently rearrested by the EFCC at a public function. The roundtable however, among other recommendations, urged Attorney-General of the Federation, to use his unique and leadership position to initiate new
ICC NIGERIA HOLDS 2017 ANNUAL DINNER CONTINUED FROM PAGE 5 become informed of goods and services that are of interest to them, so it is central to economic growth. It is also the engine that powers free content around the world. That is why the ICC Code of Marketing and Advertising Communications (ICC Marketing Code) has served as a “gold standard” for responsible commercial communications throughout the world, with translations available in 11 languages. “Drawing from almost 100 years of child development research, ICC recognises that children and teens are distinct groups. ICC considers “children” to be 12 and younger, while “teens” or “young people” are individuals 13–18 (age 18 is generally considered the age of majority in many jurisdictions). The ICC Code and various guidance documents, reflect common sense principles in marketing to individuals who are not yet adults. ICC’s rich history
of support for freedom of commercial communications, responsible marketing communications and guidance on responsible marketing to children and teens, is reflected in a variety of useful reference documents. This Toolkit incorporates relevant ICC materials, demonstrating the global advertising industry’s commitment to strong, effective self-regulation of marketing and advertising communications to strengthen confidence in markets and help power economic growth. “With a global network of over 6 million members in more than 100 countries, ICC works to promote international trade, responsible business conduct, and a global approach to regulation through our unique mix of advocacy and standard setting activities, together with market leading dispute resolution services”, Mrs. Osuntuyi stated.
high-profile corruption cases and investigate them. It also recommended that the Attorney-General, should ensure that prosecuting counsel in grand corruption cases apply to reinstate any case struck out for want of prosecution. Adding that in cases requiring appeal, he should apply for leave to appeal out of time, and prepare evidence and legal arguments thoroughly, including inviting consultants who can give credible and substantial advice. Other recommendations are “Ensure that the Administration of Criminal Justice Monitoring Committee, monitors all high profile corruption cases on a day to day basis (i) to ensure that corruption cases are heard speedily and in full compliance with Sections 306 and 396 of the ACJA, (ii) to report non-compliance by any Judge to the National Judicial Council (NJC). “Ensure that all suspected proceeds of crime, are placed under temporary forfeiture during the trial of a high-profile person. “Ensure that prosecutors resort to Non-Conviction Based Asset forfeiture, where proof beyond reasonable doubt is difficult to achieve, because of technicalities. “Ensure that prosecutors resort frequently to the Plea Bargaining Provisions of the ACJA, in order to save time and state resources”.
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Last Friday, Babalakin & Co, hosted a Dinner Party at the Civic Centre, Victoria Island, Lagos, to honour the recent elevation of Mr. Oyetola Oshobi to the rank of Senior Advocate of Nigeria. Here are some of the personalities who graced the occasion photos: Yomi Akinyele
L-R: Mr. Tola Oshobi, SAN, Dr. Wale Babalakin, SAN, Mr. Wale Akoni, SAN, Mr. Kehinde Daodu, and Mr. Mobolaji Kuti
Dr. Wale Babalakin, SAN and his wife, Mrs. Gbolahan Babalakin
Former Vice-Chancelor University of Lagos, Professor Ibidapo Obe and Chief Sena Anthony
Mr. Ebun Sofunde, SAN and his wife, Mrs. Sofunde
Ms Funke Aboyade, SAN and Dr. Bayo Adaralegbe, SAN
Mr. Kehinde Sofola, SAN and his wife, Mrs. Darlin Sofola
Prince Bambo Adesanya, SAN (left) and Mr. Tola Oshobi, SAN
Chief Ajiibola Ogunsola (left) and Professor Adebayo Williams
Professor Olugbenga Ogunmoyela (left) and Mr. Olusegun Ahmaduu
21.11.2017
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THE CANVASS MICHAEL NUMA
michaelnuma@thecanvasscolumn.com
Emerging Trend: Separate Legal Personality, A Legal Fiction or a Façade
T
he law is settled that a company is a legal entity distinct from its shareholders, subject to very limited exceptions. It has rights and liabilities of its own, which are distinct from those of its shareholders. The Locus Classicus of SALOMON v SALOMON & CO LTD (1897) AC 22. In MACAURA v NORTHERN ASSURANCE (1925) AC 619, the House of Lords re-emphasised this principle, that the Sole Owner and Controller of a company, did not even have an insurable interest in the property of the company, although economically he was liable to suffer by its destruction. These principles are the starting point for the elaborate restrictions imposed by Common law on a wide range of transactions, which have the direct or indirect effect of distributing capital to shareholders. The Separate Personality of a company, is sometimes described as a fiction, and in some sense it is, but the fiction is the whole foundation of the company law practice and insolvency. Piercing the Corporate Veil There are however, instances created by law and equity, where the court will disregard the separate legal personality, it means, “Piercing the Corporate Veil”. It is an expression rather indiscriminately used to describe a number of different scenarios. Generally speaking, it means disregarding the separate personality of the company. There is a range of situations in which the law attributes the acts or property of a company to those who control it, without disregarding its separate legal personality. The Controller may be personally liable, generally and in addition to the company, for something that he has done as its agent or as a joint actor, if the arrangements in relation to the property are such as to make the company its Controller’s nominee or Trustee for that purpose. Equitable remedies, such as an injunction or specific performance, may be available to compel the Controller whose personal legal responsibility is engaged, to exercise his control in a particular way. Legal systems across the world recognise the separate corporate legal personality, while acknowledging some limits to its logical implications. In Civil Law jurisdictions, the juridical basis of the exceptions is generally the concept of abuse of rights, to which the International Court of Justice was referring in Re: Barcelona Traction, Light and Power Co Ltd (1970) ICJ 3 when it derived from municipal law a limited principle permitting the piercing of the corporate veil in cases of misuse, fraud, malfeasance or evasion of legal obligation. Common law has no general doctrine of this kind, but it has variety of specific principles, which achieve the same result in some cases. One of these principles is that the law defines the incidents of most legal relationships between persons (natural or artificial), on the fundamental assumption that their dealings are honest. The same legal incidents, will not necessarily apply if they are not. The principle was stated in its most absolute form by Lord Denning LJ in LAZARUS ESTATE LTD v BEASLEY (1956) 1 QB 702, 712 “No Court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgement of a court, no order of minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless distinctly pleaded and proved; but once it
Michael & Yasmin Prest (Petrodel Case)
is proved, it vitiates judgements, contracts and all transactions whatsoever...” Albeit so, almost all the modern analyses of the general principles, have taken similar positions that it is appropriate to pierce the corporate veil only where special circumstances exist, indicating that it is a mere façade concealing the true facts. See ADAMS v CAPE INDUSTRIES PLC (1990) Ch 433. Principles of Piercing the Corporate Veil The jurisprudence of extending liability to the individuals especially if the company is a one-man and the alter ego is the majority shareholder, has developed in Matrimonial Causes proceedings. See NICHOLAS v NICHOLAS (1984) FLR 285. MUBARAK v MUBARAK (2001). In BEN HASHEM v AL SHAYIF (2009) 1 FLR 115, the difference between the approach taken in the family division and in other divisions of the High Court, arose in a particular acute form, because he was hearing the claim for ancillary relief in conjunction with proceedings in the Chancery Division. In the family division, the wife was seeking an order transferring to her a property which she was occupying, but which was owned by a company controlled by the husband, while in the chancery proceedings, the company was seeking a possession order in respect of the same property. After reminding himself of what he had in A v A, and conducting a careful review of both family and non- family cases, Munby J formulated six principles at paragraph 159- 164 which he considered could be derived from them: (i) ownership and control of a company were not enough to justify piercing the corporate veil (ii) the court cannot pierce the corporate veil, even in the absence of third party
interests in the company merely because it is thought to be necessary in the interest of justice; (iii) the corporate veil can be pierced only if there is some impropriety; (iv) the impropriety in question must, as Sir Andrew Morritt has said in Trustor, be linked to the use of the company structure to avoid or conceal liability (v) to justify piercing the corporate veil, there must be both control of the company by the wrongdoer(s) and (vi) impropriety, that is (mis)use of the company by them as a device and façade to conceal their wrongdoing” and the company may be a façade, even though it was not originally incorporated with any deceptive intent, provided that it is being used for the purpose of deception at the time of the relevant transaction. The global consensus is that, courts of law in limited circumstances can pierce the veil, if there is an abuse by the shareholder or directors or where there is apparent impropriety. In addition, legal scholars have however, advocated the possibility of holding shareholders liable for the company’s debts as well. In 2014, Two Nordic Supreme Courts; Finland and Sweden (in NJA 2014 s 877 (NJA 2014:75) have in within a quick succession, handed down landmark decisions, in which the corporate veil of a limited liability company has been pierced in accordance with the alter ego theory and the shareholders have been held liable for companies debt. The both Courts set out the prerequisite for piecing the corporate veil on the basis of the following: (i) A loss must have occurred. (ii) A limited liability company must have been used in an artificial and reprehensible way as a means to avoid a payment liability
"THE GLOBAL CONSENSUS IS THAT, COURTS OF LAW IN LIMITED CIRCUMSTANCES CAN PIERCE THE VEIL, IF THERE IS AN ABUSE BY THE SHAREHOLDER OR DIRECTORS OR WHERE THERE IS APPARENT IMPROPRIETY. IN ADDITION, LEGAL SCHOLARS HAVE HOWEVER, ADVOCATED THE POSSIBILITY OF HOLDING SHAREHOLDERS LIABLE FOR THE COMPANY’S DEBTS AS WELL""
for its shareholder. (iii) There must be a casual link between the loss and the cause (iv) It must be possible to identify the shareholder with the limited liability company. These prerequisites must co-exist simultaneously for the corporate veil to be pierced. The alter ago theory was also applied by the Nigerian Courts in FAIRLINE PHARMACEUTICAL INDUSTRIES LTD v TRUST ADJUSTERS NIG LTD (2012) LPELR -20860 (CA). Paradoxically, in the case of PREST v PETRODEL RESOURCES LTD (2013) UKSC Justice Sumption QC, (a case involving a Nigerian Couple) the Trial Court judge Moylan J declined to pierce the corporate veil under the general law without some relevant impropriety. The Supreme Court upheld that finding, although held the husband to be the owner of the company and was trying to evade liability. Reference was made to a façade very provocatively page 14 thus: “ ....a façade or sham beg too many questions to provide a satisfactory answer. It seems to that two distinct principles lie behind these protean terms, and that much confusion has been caused by failing to distinguish between them. They can conveniently be called the concealment principle and the evasion principle. The concealment principle is legally banal and does not involve piercing the corporate veil at all. It is that interposition of a company or perhaps several companies, so as to conceal the identity of the real actors will not deter the courts from identifying them, assuming that their identity is legally relevant. In these cases the court is not disregarding the façade, but only looking behind it to discover the facts which the corporate structure is concealing. The Nigeria Supreme court gave credence to the façade theory in ALADE v ALIC (NIG) LTD (2010) 19 NWLR Pt 1226 pg 111 at 127 para E-F thus: “ it must be stated that this court as the last court of the land, will not allow a party to use his company as a cover to dupe, cheat and or defraud an innocent citizen who entered into a lawful contract with the company only to be confronted with the defence of company’s legal entity as distinct from its directors. Most companies in this country are owned and managed solely by an individual, while registering the members of his family as shareholders. Such companies are nothing more than one-man-business. Hence, the tendering of there to enter into contract in such company name and later turn around to claim that he was not a party to the agreement since the company is a legal entity” It is the writer’s submission that, other than the statutory exceptions created by relevant enabling laws, the emerging trend globally, is that there is a limited principle which applies when a person under an existing legal obligation or liability or subject to an existing legal restriction which he deliberately evades or whose enforcement he deliberately frustrates, by interposing a company under his control. The court may then pierce the corporate veil for a purpose, and only for the purpose of depriving the company or its Controller, of the advantage that they would otherwise have obtained by the separate legal personality. The principle has been recognised far more often that it has been applied, but the recognition of a small residual category of cases where the abuse of the corporate veil to evade or frustrate the law, can be addressed only by disregarding it for being a façade.
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INTERNATIONAL
email:foreigndesk@thisdaylive.com
Tillerson to African Leaders: ‘It is Imperative that We Work Together’ The United States stands with African countries “to defeat the scourge of terrorism and violent extremism,” Secretary of State Rex Tillerson said November 17. The secretary also urged greater support from African partners regarding North Korea. “Everyone — including each country represented here today — must play a part” in a peaceful pressure campaign to convince North Korea to abandon its current path, he said to a gathering of foreign ministers from 38 African countries at the State Department. Tillerson thanked partners for their work to condemn North Korea’s recent nuclear provocations and urged additional measures, including fully implementing U.N. sanctions, downgrading diplomatic relationships and cutting economic ties. “The DPRK presents a threat to all of our nations,” he said. The November 17 Ministerial on Trade, Security and Governance in Africa follows up on President Trump’s September conversation with African leaders at the United Nations General Assembly. Promoting trade Tillerson called U.S. trade and investment with Africa “stronger than it’s ever been” and said the administration sees more opportunity in the coming years. U.S. exports from the U.S. to sub-Saharan Africa grew from $17 billion in 2010 to more than $25 billion in 2014. Five of the world’s
10 fastest-growing economies are in Africa. “This administration seeks to refocus our economic relationship squarely on trade and investment — to encourage policies that increase openness and competition within Africa,” the secretary said. “A more economically vibrant and competitive Africa will grow the middle class, increase standards of living and make the entire continent more prosperous.” Boosting governance Good governance paves the way for economic growth and lasting peace. A recent African Union study found that corruption cost the continent roughly $150 billion per year. “This is money that should be used to create jobs, build schools and hospitals, improve security and provide social services,” Tillerson said. “Authorities who ignore
the rule of law and change their constitutions for personal gain are all obstacles for the development of prosperous, free societies.” Tillerson acknowledged that all African leaders and the U.S. were closely monitoring the situation in Zimbabwe. “We all should work together for a quick return to civilian rule in that country in accordance with their constitution,” he said. He welcomed discussion on concrete ways African Union leaders can help the people of Zimbabwe through this transition. “Ultimately,” he said, “the people of Zimbabwe must choose their government.” Confronting terrorism The secretary said it is imperative that the U.S. and African countries work together to address the root causes of violent extremism. “To create sustainable peace, we must also combat marginalization, strengthen accountability and create more economic opportunity,” he said.
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NEWS
News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081
Nigeria Floats US$3bn Dual-tranche Eurobond Ndubuisi Francis in Abuja Nigeria has announced the floating of a $3 billion Eurobond, offering an aggregate principal amount of dual series notes under its US$4.5 billion Global Medium Term Note programme (increased from US$1.5 billion). On March 30 this year, the country announced that its $500 million notes had been consolidated with the existing $1 billion notes, under the $1.5 billion Global Medium Term Note programme to form a single series with the existing $1 billion notes. The $1 billion bond had been issued in February and due to mature by 2032. The latest $3 billion Notes comprise a US$1.5 billion 10-year series and a US$1.5 billion 30-year series, bringing the total under the Global Medium Term Note Programme to US$4.5 billion. A statement issued by Mr. Oluyinka Akintunde, media aide to the Minister of Finance, Mrs. Kemi Adeosun, said the 10-year series would bear interest at a rate of 6.5 per cent, while the 30-year series will bear interest at a rate of 7.625 per cent, which will be
repayable with a bullet repayment of the principal on maturity. The offering, which attracted significant interests from leading global institutional investors, is expected to be closed on or about November 28, 2017, subject to the satisfaction of various customary closing conditions. When issued, the Notes will be admitted to the official list of the UK Listing Authority and available to trade on the London Stock Exchange’s regulated market. Nigeria may apply for the Notes to be eligible for trading and listed on the Nigerian FMDQ OTC Securities Exchange and the Nigerian Stock Exchange. The pricing was determined following a roadshow led by Adeosun; the Minister of Budget and National Planning, Senator Udoma Udo Udoma; Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele; Director-General of the Debt Management Office (DMO), Ms. Patience Oniha, and the Director-General of the Budget Office of the Adeosun disclosed that the federal government would
utilise the proceeds of the Notes in funding the approved budgetary expenditures and for refinancing of domestic debt, as may be applicable. According to her, the Notes represent Nigeria’s fourth Eurobond issuance, following issuances in 2011, 2013 (two series) and earlier in 2017. Adeosun said: “Nigeria is implementing an ambitious economic reform agenda designed to deliver long-term sustainable growth and reduce reliance on oil and gas revenues while reducing waste and improving the efficiency of government expenditure. “Our economy is beginning to recover, Gross Domestic Product
(GDP) having returned to growth in 2017, but we must maintain the momentum behind our investments in order to further drive growth. “That is why we are, and will continue to focus investment on the enabling infrastructure we need to broaden economic productivity. “Successfully extending out debt profile in the international market to 30 years is a key element of that strategy as it establishes a basis for the longer term financing required for transformational infrastructure investment. “As we have always stated we are progressively replacing debt with revenue, which is reflected in the 2018 Budget proposal. We are
establishing the building blocks for inclusive growth and beginning to see the results of the hard decisions that have been made to reset our economy appropriately.” Commenting on the Notes’ pricing, the Director-General, DMO , Ms. Patience Oniha, said: “With the successful pricing of our fourth Eurobond, Nigeria has become one of the few African issuers whose securities have attracted strong investor interest amongst institutional investors across the globe. “This time Nigeria issued a new 10-year bond at a yield of 6.500 per cent and a 30-year benchmark, priced at a yield of 7.625 per cent,
which despite the longer tenure remains cheaper than our 15-year issuance earlier this year. “The 30-year is a landmark as the tenor represents the first by a sub-Saharan country other than South Africa and importantly establishes the basis for long term infrastructure funding, which is a priority for this government.” Oniha expressed satisfaction with international investors’ recognition of Nigeria’s huge potential. “Perhaps even more important is that with this dual tranche issuance the objective of reducing the cost of government borrowing has been achieved,” she added.
Anambra Senatorial Tussle: Appeal Court Orders INEC to Conduct Re-run Election Within 90 Days Alex Enumah in Abuja The Court of Appeal in Abuja yesterday ordered the Independent National Electoral Commission (INEC) to conduct a re-run election for Anambra Central senatorial district within 90 days. Delivering judgment in the appeal, the three-member panel of the Appeal Court headed by Justice Tinuade Akomolafe Wilson, gave the order in a judgment delivered on a suit brought by the All Progressives Grand Alliance APGA and its candidate, Chief Victor Umeh, challenging the February 29, 2017, judgment of the Federal High Court in Abuja, wherein the trial judge, Justice Anwuli Chikere, ordered the inclusion of Peoples Democratic Party and its candidate, Senator Uche Ekwenife in the scheduled Anambra Central senatorial re-run poll. Justice Akomolafe Wilson, who led a three-man panel of the Appeal Court dismissed PDP’s preliminary objections on the issue of the appellants’ locus standi and the court’s jurisdiction to entertain the suit. The Anambra Central senatorial seat at upper chamber of the National Assembly has been vacant following the nullification of Senator Uche Ekwenife’s election. The Court of Appeal Division in Enugu had in July 2015 voided Ekwenife’s election for not being “the product of a valid primary and was therefore not duly and legitimately nominated.” But the appellate court held that the appellants’ suit was not academic as there were live issues in the appeal. In determining the main crux of the appeal, the appellate court held: “The rationale therefore, is correct as submitted by the appellants that the principle of guiding who can
participate in a court ordered re-run election following the nullification of general election has been established in Labour Party vs. INEC, and it remains the law. “Where a court nullifies an election and orders a fresh election, a political party which participated in the annulled election at whose instance the election was nullified cannot field a new candidate to contest in the fresh election. This is because the fresh election does not entail an entirely new process; rather it takes the place of the annulled election, because the period of nomination of candidates has lapsed.” Furthermore, Justice Akomolafe held that it was not the case of the 1st respondent (PDP) at the trial court that it be allowed to substitute a candidate for Ekwenife who had defected from the PDP, but for the “erroneous notion that the court-ordered election scheduled by INEC for March 5, 2016, entailed an entirely new process whereby it is entitled to conduct fresh primaries and nominate a new candidate.” The judge said it was unfortunate that the trial judge fell into a grave error by predicating her judgment on the grounds that Ekwenife defected from the PDP. “On the whole, having resolved the main issue in this appeal in favour of the appellant, this appeal is meritorious and it is allowed. The decision of the trial Federal High Court delivered on February 29, 2016, is hereby set aside. “INEC, the 2nd respondent in the suit, is ordered to conduct a fresh election in Anambra senatorial district within 90 days from today with the participation of the appellants (Chief Victor Umeh and APGA). “The 1st, 3rd, 4th and 5th respondents shall pay the sum of N50,000 each to the appellants,” the Appeal Court held.
WE ARE HAPPY TO HAVE YOU HERE
L-R: Former Chief Justices of Nigeria (CJN), Justice Idris Kutigi; Justice Alfa Belgore; President Muhammadu Buhari; CJN, Justice Walter Onnoghen; Administrator, National Judicial Institute,Justice Roseline Bozimo; Justice Mahmud Mohammed and Justice Mary Odili annd other Supreme Court Justices and Court of Appeal judges after the opening of the 2017 All Nigeria Judges Conference held at the NJI in Abuja State House
Buhari: Raid of Judges’ Homes Not Meant to Intimidate Judiciary Omololu Ogunmade in Abuja For the first time since the Department of State Services (DSS) raided the homes of some judges earlier in the year, President Muhammadu Buhari yesterday explained that the raid was not intended to intimidate the judiciary but purely in pursuit of his administration’s anti-graft war. The president made this clarification while delivering a keynote address at the opening of 2017 All Nigeria Judges’ Biennial Conference of the Superior Court on the theme: ‘Strengthening Judicial Integrity and the Rule of Law.’ Buhari who commended the judiciary on the theme, described it as apt for this moment, adding that a “democratic system such as ours can not survive or prosper without strict adherence to the rule of law.” According to him, the investigation of judges was not aimed at usurping judicial powers, pointing out that members of the executive and legislature have equally been investigated. Buhari who said the essence of government is to regulate social relations, added that the public expects fairness and speed from
the judiciary but lamented the snail speed approach of courts to some matters before them. He also lamented conflicting cases of judgment delivery in Nigerian courts, saying it often leads to confusion and loss of confidence in the judicial system and tasked the judges to address the trend. The president who also spoke of the commitment of the executive to judicial welfare, tasked the judiciary to address decongestion of the prisons. “My lords, distinguished delegates, the prime purpose of any government is to regulate social relations within its territorial jurisdiction. Without the rule of law the government will degenerate into dictatorship or anarchy. “The theme you have chosen this year keys in with our administration’s resolve to strengthen the three arms of government to effectively fulfill their constitutional obligations. “For the judiciary, the public expects fairness, impartiality and speed in the administration of justice. Regrettably, court cases can drag on for years and years, sometimes decades without resolution. I need only mention land cases in Lagos to illustrate
my point. “Furthermore, there are huge backlogs of cases waiting to be dispensed especially at the Appellate levels. Reform of the judiciary should start at eliminating these seemingly endless delays in settling what to the layman are apparently simple cases. “Again, litigants expect that higher courts should endeavour to harmonise their rulings. There are contradictory decisions of superior courts on the same subject matter in cases where facts are substantially the same without a clear attempt in subsequent cases to distinguish the earlier cases. This lack of clarity leads to serious confusion to the lower courts. “The knock-on efforts of these delays and dis-continuities range from loss of confidence in the judicial system to overcrowding of prisons. This is an area Your Lordships should pay close attention to in your efforts at reforming the system. “Last month, I wrote to all state governors, urging them to make special visit to prisons in company with state chief judges and release prisoners unnecessarily detained without due process. “My lords, as all of us are
aware one of the objectives of this administration is to combat graft and other forms of corruption so endemic in our public life. The executive can not achieve these objectives alone. “We require the close cooperation of other arms of government. “My lords, earlier this year the judiciary came under investigation. Let me again assure the judicial community, this action taken by the executive was in no way a prelude to usurping the powers of the National Judicial Council or aimed at intimidating the Judiciary as wrongly portrayed in some sections of the media. “Executive and legislative officials were also investigated am aware that the majority of judicial officers are learned and incorruptible and day in day out acting in the best spirit of their oath of office. “At the same time, I am quite aware, of the problems besetting the Judiciary including under-funding, inadequate personnel and absence of modern technological aids. “Bearing these in mind, this administration increased allocation to the Judiciary from N70 billion to N100 billion in the 2017 Budget. A similar figure has been proposed for 2018.”
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REACTIONS TO EKWUEME’S PASSING ...
REACTIONS TO EKWUEME’S PASSING...
Jonathan, Dogara, Wike, Others Eulogise Ekwueme Our correspondents Well-meaning Nigerians have continued to pay their condolences to former Vice President Dr. Alex Ekwueme who passed away on Sunday. Former President Goodluck Jonathan, Speaker of the House of Representatives, Hon. Yakubu Dogara, Rivers State Governor, Nyesom Wike, Ondo State Governor, Mr. Oluwarotimi Akeredolu (SAN) and Enugu State Governor, Ifeanyi Ugwuanyi, have described the death as a monumental loss not just to Nigeria but the entire African continent. Jonathan commiserated with the government and people of Anambra State, on the passing of Ekwueme. In a letter of condolence to the Ekwueme family and the Government and people of Anambra state, the former president described the late statesman’s exit as an irreparable loss. A statement by the ex-President’s Special Adviser on Media, Mr. Ikechukwu Eze, said Jonathan further described Ekwueme as an intellectual giant and democrat who took a principled stand against military rule. It said: “Ekwueme was a well-loved statesman who played politics of inclusion and made useful contributions in charting a course for Nigeria’s geopolitical stability. A totem of courage and patriotism, the Second Republic Vice President’s role in deepening the roots of democratic rule was evident in his selfless and principled stand against military rule. “He was an intellectual giant whose prowess in learning was as deep and profound as the love he had for his people and nation. His commitment to educational excellence is a trait we should encourage Nigerians to imbibe. “He was a man of peace who will be remembered for his candor, open-mindedness and the bridges of understanding he built across cultural and political boundaries.” On his part, Dogara extolled the virtues of the deceased, saying the former number two citizen was a distinguished elder statesman, patriot, nationalist and a true son of Africa. He, however, lamented that his demise came at a time Africa was in dire need of patriots and leaders like Ekwueme as it struggles with various internal conflicts and passes through challenging pace in its history. He said: “In times as these, elderly wisdom, experience and guidance of Ekwueme is needed by leaders at all levels so as to enable us surmount the daunting challenges confronting us as a country and as Africans. “Ekwueme was a philanthropist, a famous professional architect, lawyer, brilliant politician and a man of peace whose efforts in building bridges of friendship amongst the various peoples of Nigeria is legendary. “He played politics of ideas, principle and purpose and helped bring stability as vice president in the Second Republic. “The late elder statesman was credited with the introduction of the famous proposals for a just and equitable power sharing in Nigeria based on the six geopolitical zones which ensures a fair, just equitable and stable polity. “I want to express our heartfelt condolences to the Ekwueme family, the government and people of Anambra State over this huge and irreparable loss. May His gentle soul rest in perfect peace.” Also, Wike, has commiserated with Nigerians, the government and people of Anambra State and the family of Ekwueme, over his passage. The governor, who described the late former vice president as an outstanding democrat, compassionate leader, true patriot and exemplary statesman said Ekwueme would be missed by all lovers of democracy and development. While extending his deepest condolences to Nigerians, Wike noted that he was pained by the death of the former vice president. He prayed God to grant his family the fortitude to bear the irreparable loss. Similarly, Akeredolu described the death of seEkwueme, as an irreparable loss to the country. Akeredolu said in a statement signed by his Chief Press Secretary, Mr Segun Ajiboye that Nigeria has lost one of its brightest and ebullient democrats. “Though death is a necessary end, it is saddening that Ekwueme departs the country at a time when the ideals and social justice he used his energy and intellectual prowess to fight for in his life times have yet to be achieved. “The young generation will surely miss the man who stood for the uprightness and unity of our dear country,” he said. Akeredolu described Ekwueme as a nationalist, disciplined and leader of leaders, who led a group of political like minds to push the military back to their barracks during the dark days of Sani Abacha military junta. He said roles of the late Ekwueme during that period in the Nigeria’s political history will not be forgotten in a hurry.
Ugwuanyi, Okorocha, Ohanaeze, Others Mourn The President General of Ohanaeze Ndigbo, Chief John Nnia Nwodo, Enugu State Governor, Ifeanyi Ugwuanyi, and his Imo State counterpart, Rochas Okorocha, have described the late Second Republic VicePresident, Dr. Alex Ifeanyichukwu Ekwueme, an advocate of a restructured Nigeria, noting that by his death Ndigbo have lost a genius, a father and an intellectual giant. Nwodo said Ekwueme was an outstanding patriot whose contributions to the country’s socio political evolution would be indelible. He noted in a statement on the demise of the former vice president made available to THISDAY in Enugu that the country has lost one of the foremost advocates of a restructured federation. “As Vice President, Ekwueme was intellectually forthright, engaging, loyal and outstandingly patriotic. As a politician he was courageous and original in his ideas. Nwodo commiserated with his immediate family, friends and associates and Nigeria for the huge loss while
Ekwueme urging Nigerian government to immortalise him. On his part, Governor Ugwuanyi said the death of Ekwueme signalled yet another depletion in the dwindling ranks of elder statesmen with an abiding love for country and humanity. The governor said in a statement he personally signed that “We received the news of his passing with deep sadness and consider it a huge loss not only to his family but to the entire country. “We mourn with his family and, on behalf of the government and people of Enugu State, offer them our deepest condolences and express our gratitude for their gift of this icon of democracy,” he said. Okorocha described Ekwueme as an epitome of detribalised Nigerian who died as a statesman. The governor remarked that nine years after the civil war, the rest of Nigerians re-enacted or reinforced their faith and belief in the Igbos as one of the major tripods of the nation through Dr. Alex Ekwueme who was elected the Vice President of the nation with Alhaji Shehu Usman Shagari as the president. Governor Okorocha in a statement signed by his Chief Press Secretariat, Sam Onwuemeodo, said Ekwueme launched the Igbos into national politics since the second Republic and refused to be cajoled into playing tribal politics, and until his death, Dr. Ekwueme remained in the mainstream of Nigerian politics because of his firm believe in oneness of the nation. According to the governor, Dr. Ekwueme was a good example of the kind of politics the Igbos should be playing at any given time and has left behind a befitting legacy. He said Ekwueme’s peaceful and honest dispositions both in politics, public and private lives are all worthy of emulation. “The only regret about Dr. Ekwueme at the moment is that he died at a time his wealth of experience and his wise advice would have been most needed and most useful to all Nigerians of goodwill,” he said.
His Death is the End of an Era, Says Umahi The Chairman of the South-east governors forum and governor of Ebonyi State, Chief David Umahi, has described the death of the foremost Nigerian and former Vice President of Nigeria, Dr. Alex Ekwueme as end of an era. Umahi in statement signed by his Chief Press Secretary, Emmanuel Uzor, expressed rude shock over the death of Dr. Ekwueme, describing it as a great loss to Ndigbo in particular and Nigeria in general. He commiserated with the Government of Anambra State and entire Ekwueme family of Oko in Orumba North local government area of Anambra State for the loss and prayed God to grant him eternal rest among His Saints. “The death of our father and leader, Dr. Ekwueme is so devastating especially now that his fatherly advice is needed most. He was a great Nigerian and great believer in the unity of the country. As his children, we have learnt a lot from his deep political sagacity” “As the vice President of Nigeria, Ekwueme was a great rallying factor of Igbo socio-political integration. He was a voice of reason and a man who toiled to place Ndigbo at the centre of mainstream politics. Indeed we have lost a rare gem, a gentleman and a decent politician and academia” The governor further disclosed that the South-east zone through the governors would soon draw programme on how to pay last respect to the fallen political Iroko and commiserated with his immediate family and indeed the government of Anambra State.
He Was a Bridge That Held Nigeria Together, Says Bello
Kogi State Governor, Alhaji Yahaya Bello, has described the late former Vice President, Dr. Alex Ekwueme, as the bridge that held Nigeria together for decades. In a condolence message personally signed by the governor yesterday, he described the late elder statesman as a “thorough administrator, decent politician and a nationalist who saw Nigeria as a project of unity.” According to him, Ekwueme was an example of “excellent leadership.” He said the late icon rendered selfless service to his fatherland, “standing on the podium of truth, sacrifice and progress all his life”. Bello expressed confidence that the nation will immortalise the “good name and sterling values Ekwueme lived for”, calling on the new generation of politicians and Nigerians to “mirror the Ekwueme spirit of service to humanity.”
Tambuwal: For Us in Sokoto, His Death Comes with Extra Pain Sokoto State Governor Aminu Waziri Tambuwal, has described former Vice President, Dr. Alex Ekwueme, who died yesterday morning at a London hospital, as a true statesman whose selfless and meritorious service to God, country and humanity was felt by all. In a message of condolence issued in Sokoto by his spokesman, Malam Imam Imam, Tambuwal said the Ekwueme was a distinguished legal luminary, exemplary politician and a great community leader. “For us in Sokoto, Dr. Ekwueme’s death comes with extra pain because he was vice president to one of our distinguished sons, Turakin Sokoto, Alhaji Shehu Shagari. “The deceased proved himself an able lieutenant who together with other members of their team, gave their best for the unity, progress and stability of the Nigerian federation in the Second Republic and beyond. “His death has therefore closed a chapter in the life of one Nigeria’s most respected voices who made his mark in both public and private sectors,” Tambuwal added. He further described Ekwueme as a truly passionate Nigerian whose invaluable contributions to issues of national interest will be forever appreciated. While sending the commiserations of the people and government of Sokoto State to his immediate family, Tambuwal prayed God to grant the people of Anambra, South-east and the entire federation the fortitude to bear the loss.
Ambode Mourns Death of First Vice President Lagos State Governor, Mr. Akinwunmi Ambode, yesterday expressed sadness over the demise of the first Vice President of Nigeria and elder statesman, Dr. Alex Ekwueme. Ekwueme, who was the first elected Vice-President of Nigeria in office from 1979 to 1983 died in a London Hospital at the age of 85 after a brief illness. Ambode, in a statement by his Chief Press Secretary, Mr. Habib Aruna, described the late Ekwueme as a complete gentleman, a thorough bred scholar, a philanthropist and a politician per excellence, who contributed his own quota to serving his country and humanity. “Ekwueme was a man of many parts. He was a scholar of repute who had so many academic awards to his name. Not only did he bag degrees in philosophy, history, sociology, law as well as architecture and city planning, he was a successful business man to the core and impacted on the lives of his people positively. “He was also a detribalised Nigerian who was committed to the course of a united, indivisible and prosperous Nigeria. He believed so much in all inclusive governance and was one of those patriotic Nigerians who contributed in laying the foundation of a sustainable democracy in Nigeria,” he said.
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REACTIONS TO EKWUEME’S PASSING ...
REACTIONS TO EKWUEME’S PASSING...
Nigeria Has Lost Fine Gentleman, Politician, Nationalist, Say Anyaoku, Anenih, Others A former Secretary-General of the Commonwealth, Chief Emeka Anyaoku, has described the death of a former Vice President, Dr. Alex Ekwueme, as a a huge loss to the political and professional establishments of Nigeria. In his message of condolence issued yesterday, Anyaoku stated that in Ekwueme’s truly outstanding public service to the country, the former vice president represented “the highest level professionalism as a renowned architect, and cerebral political leadership as vice president and great contributor to national public political discourse.” “His unforgettable legacies include not only the many public institutions that he designed as an architect, but more importantly, the adoption of the six geopolitical zones which he conceived and introduced into the country’s political lexicon and his seminal role in Nigeria’s return to democracy in 1999 as leader of the G34 group. My family joins the Ekwueme family in mourning the passing of this indisputably illustrious son of our country.” Also, former Chairman of the Board of Trustees (BoT) of the Peoples Democratic Party (PDP), Chief Tony Anenih, described the death of EKwueme as a great loss of a fine gentleman and politician. In a statement issued in Abuja yesterday, Anenih described Ekwueme, who was the foundation chairman of the PDP BoT, as a nationalist, saying the former vice president played politics without bitterness. According to him, with the death of Ekwueme, the tribe of principled politicians has been further depleted. He added: “Nigeria has lost a nationalist, a detribalised politician and one who was not given to impropriety in the conduct of government business. “Ekwueme will sorely be missed by a vast majority of Nigerians who had the privilege of his leadership, political association and interactions. “The PDP where both of us played leading roles will remember him for his sterling contributions to its birth and development. “While I pray that the Almighty God would grant his soul eternal repose, it is my earnest wish that his family would be strong in this moment of grief to be able to bear this great loss.”
George: His Death is National Loss Former National Vice-Chairman of the Peoples Democratic Party (PDP) and one of the leading national chairmanship aspirant of the party, Chief Bode George, has described the death of former vice president, Dr. Alex Ekwueme as a national loss. George, in a statement signed personally by him, described Ekwueme as an outstanding statesman who lived to see Nigeria develop. “The sudden passage of Dr. Alex Ekweme is indeed a very painful national loss. The former vice president was genuine patriot, an outstanding statesman whose total fixity was predicated on the growth and the development of the Nigerian State. “He was a gentleman, a thoroughbred , civil, humble but yet radiated a powerful intellect and a scholarly presence, stripped of arrogance,” he said. George said further: “His death is the end of an era, a sad departure of one of the very significant symbol of those who dedicated their lives and to the service of our nation.”
His Death is a Great Loss to the Nation, Says Gani Adams The Aare Ona Kakanfo-designate of Yoruba land, Mr. Gani Adams, has described the death of former Vice President Dr. Alex Ekwueme, as a great loss to the nation. In a condolence message sent to THISDAY by his Director of Media and Communications, Femi Adepoju, Adams said the wisdom of the late nationalist is needed at this time that the country is in dire need of political direction to continue to exist as a unified nation. He added that even though “ We owe God the gratitude for giving the late Ekwueme long life, yet, it is unfortunate that he was called to the other side at this time that our nation is in dire need of political direction which the wisdom of the late elder statesman could provide, to make our country survive the challenge presently threatening her survival as a nation.” Praying God to give the nation, the immediate and political families of the late politician the fortitude to bear the irreparable loss, the Adams said he believes the sincerity of the nationalist for a great Nigeria while alive would make his spirit to continue to give the nation the necessary direction to continue to make it survive as a nation where justice and equality shall be the watchword.
Ibori: He Was the Stabilising Factor in Nigeria’s Politics Former Delta State Governor, Chief James Onanefe Ibori, has described the death of Dr. Alex Ekwueme as most shocking. He said: “Though His Excellency, Dr. Alex Ekwueme, was a great leader, a national father-figure, a stabilising factor in Nigerian politics, I Chief James Onanefe Ibori can never stop asking ‘what if’! In a statement signed by his Media Assitant, Tony Eluemunor, Ibori said: “It is ironic that the nation that betrayed this man’s effort to rescue it from political and economic morass will, now that he is dead, begin to shed crocodile tears. Even those who betrayed the very effort to make Ekwueme President, may begin to, hypocritically of course, bewail the fact that Ekwueme or the Igboman or woman, never ruled Nigeria.
Former Vice-President, Dr. Alex Ekwueme (2nd left), flanked by other eminent Nigerians during a function Ekwueme was an extraordinary polyvalent scholar who earned multiple degrees in architecture, urban planning, sociology, history, philosophy and law from several universities. He was a gifted architect whose professional legacies dot various Nigerian cities. In politics, he was both gentlemanly and fatherly, introducing mildness even when the others had embraced roughness and irascibility. If only we had allowed Ekwueme to rule Nigeria, what example would he have set? Now, we will never know…and Nigeria is the ultimate loser. Ekwueme has lived a full life; he has given a radiant account of himself and we all agree he was outstanding. May the Almighty God grant his gentle soul eternal rest and pour His consolation upon his family.”
Nigeria Has Lost a Rare Gem, Says Kalu Former Abia State Governor, Chief Orji Kalu, has described the demise of former Vice President, Dr. Alex Ekwueme, as a huge loss to the nation. While extolling the virtues of the late elder statesman, Kalu acknowledged the contributions of Ekwueme to the socio-political development of Nigeria. According to him, the former vice president was a silent but great achiever in all facets of life. In a statement issued yesterday and signed by his Special Adviser, Kunle Oyewumi, Kalu said: “The news of the passing of Ekwueme is devastating. “The former vice president died at a time the country needed his wise counsel on national issues. “He was a man of exceptional qualities. “He championed the cause of a fair society in all his endeavours. “Ekwueme was a shining light beyond the political circle. “He will be remembered for promoting peaceful co-existence and unity in Nigeria. “We have lost a pan African.” The former governor urged the deceased’s family to be comforted by the good legacies their patriarch left behind, adding that Ekwueme’s name will remain unforgettable in the annals of Nigeria’s democracy. Kalu, who commiserated with the government and people of Anambra State, called on the Ekwueme family to sustain the ideals of the deceased. The former governor prayed God to grant Ekwueme eternal rest and give his family the fortitude to bear the painful loss.
Late VP’s Town in Mournful Mood as Ezeemo Describes Him as Pride of Nigeria Oko, the town of the late former Vice President, Dr. Alex Ifeanyichukwu Ekwueme, yesterday wore a mournful look over the news of his demise. THISDAY noticed that natives were discussing his death among themselves in the town highlighting the contributions of the late former
THE PUNCH
vice president to the town. THISDAY who first visited Ekwueme’s country home along the Federal Polytechnic Oko road, an institution he singlehandedly attracted to the community noticed that the compound was under lock and keys, with only security guards at the gate. Ekwueme, until his death, lived in retirement in Enugu, Enugu State, from where he came home to attend functions or host guests occasionally. THISDAY proceeded to the compound of the traditional ruler of the community, Igwe Laz Ekwueme, who incidentally is the younger brother of the demised politician, but was confronted by some sympathizers, who were in the compound to commiserate with the monarch. Though the monarch was said to be indisposed and unwilling to entertain guests, few family members, including the wife of the deceased eldest brother and former traditional ruler of the community, Igwe J. A. Ekwueme, Lady Edith Ekwueme; her daughter, Dr. Ada EkwuemeOnuora, and Mr. Mike Ekwueme, were at hand to receive the visitors that came to condole the family. They however refused to speak about late Ekwueme, insisting that only the monarch, who is now the eldest of the Ekwueme family, could speak on the late vice president. But an indigene of the community who identified himself as Chukwuma spoke to THISDAY, lamenting the demise of Ekwueme, and stressed that he was the eye of the community, who had brought development to it. He said: “Ekwueme is our father; he brought light to this community by building this federal polytechnic. With this school, we have been engaged in financial activities, we do our business here and make money. We loved him and his death is a big blow to us.” Mr. Godwin Ezeemo, who is also from Aguata Local Government Area where Ekwueme hails from, expressed sadness at the news of Ekwueme’s demise, referring to him as “the pride of Aguata.” Condoling with the Ekwueme’s family in a statement, Ezeemo, chairman of a conglomerate and one of the front line governorship candidates in the just concluded Anambra State governorship election, revealed that late Ekwueme’s legacy as a community developer, who inspired him in no small way. “The death of Dr. Alex Ekwueme, the pride of Aguata, has left a hole in the socio-political atmosphere of Old Aguata where we both come from. His ‘Akulue-uno’ principle and exemplary life; deep sense of patriotism; philanthropy and excellence in service will continue to serve as a reference point for us,” Ezeemo said.
Peter Obi Mourns The former governor the death of former Vice President, Dr. Alex Ekwueme, described it as a huge loss to humanity. Obi who said the country cherished his fatherly advice while he was alive, added that he would be missed not only by his immediate family, but by Anambra State and the country as a whole. He prayed for the happy repose of his soul and for those he left behind to carry on with his politics focused on service at all times.
TUESDAY NOVEMBER 21, 2017 ˾ T H I S D AY
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NCC, CBN Query Barclays’ Transparency in Sale of 9mobile The handling of the sale process of 9mobile by Barclays Africa, the financial advisers, has come attack from the Central Bank of Nigeria (CBN) and the Nigeria Communications Commission (NCC). In a joint letter to Guaranty Trust Bank (GTBank), which is the facility agent for the 9mobile syndicated loan, Umar Danbatta, the Executive Vice-Chairman of NCC, and Godwin Emefiele, the Governor of CBN, expressed displeasure with the “unwillingness of Barclays Africa” to follow due process in the bid. In the letter, dated November 4, 2017, the two regulators said they made it clear from the outset that the sale process must be “transparent and fair, with the financial and technical capabilities of the final bidders without question.” They said they now have “serious concerns” since the appointment of Barclays Africa as financial advisers. “They have repeatedly exhibited signs of opacity in the sale process for 9mobile. Given the overriding public interest in the company and the need for transparency, we advised that Barclays advertise the call for ‘expression of interest’. Barclays declined, insisting instead that the company being a private one, should not be taken through a public sale,” they wrote.
“This lack of a transparent process has proven to be selective and arbitrary, leading to allegations that the process is being teleguided to a rigged and predetermined outcome. The CBN and the NCC will not fold their arms and allow this to materialise.” Danbatta and Emefiele, according t The Cable, said they had received reports and petitions from various stakeholders, including some bidders, which have further heightened their concerns — but their suggestions to the board of 9mobile and Barclays on how to restore credibility to the process have been ignored. The CBN and NCC then directed that all steps and decisions taken by the financial advisers as well as other advisers from the end of “expression of interest” must be communicated to CBN and NCC, who will have to approve in writing. They also directed that the final bid process must be “open and transparent” in line with international best practices. Danbatta and Emefiele said the December 31, 2017 deadline for the handover of 9mobile to the preferred bidders “remains sacrosanct”. THISDAY had exclusively reported yesterday that 10 firms have moved to the financial stage
of the bid process. The companies listed are: Globacom Nigeria Limited, Bharti Airtel, Alheri Engineering Limited, Smile Telecoms Holdings, Helios Towers, Centricus Capital, Africell, Abraaj
Capital, Teleology Holdings Limited, Ericsson, Africa Capital Alliance (ACA) and The Carlyle Group. The company formerly knows as Etisalat Nigeria changed its brand name to 9Mobile in July
after the Mubadala Group, the major investor from the United Arab Emirates, pulled out of Nigeria’s fourth largest mobile operator following a N541 billion debt. The debt is owed to a
consortium of 10 banks, with GTBank acting as the facility agent. The sale of 9mobile, with 21 million subscribers, is expected to bring in the needed capital to restore it to good health.
CELEBRATING UCH AT 60
L-R: Chief Medical Director, University College Hospital, Ibadan, Prof. Temitope Alonge; Minister of Health, Prof. Isaac Adewole; Oyo State Governor, Abiola Ajimobi; Vice President, Prof. Yemi Osinbajo; Donor, Sir. Kesington Adebutu; Oba of Lagos, Oba Rilwan Akiolu; Ondo State Governor, Rotimi Akeredolu; and Representative of former President Olusegun Obasanjo, Dr. Femi Majekodunmi, during the inauguration of Sir Kesington Adebutu Geriatric Rehabilitation Centre, University College Hospital to commemorate the 60th anniversary celebration of the hospital in Ibadan....yesterday Felix Ademola
NIGERIA MOURNS POLITICIAN PAR EXCELLENCE, ALEX EKWUEME In a statement issued in Sokoto, the former president hailed Ekwueme as a “great man who contributed his quota to the development of Nigeria”. He described the death of his former vice-president as a great loss not only to his family but to Nigeria in general, adding that he always strived for the unity of the country. “It is with a deep sense of loss that I learned about the demise of my brother and former VicePresident, Alex Ekwueme. It is extremely painful. “On behalf of myself, I sincerely commiserate with Nigerians on his death. May his soul rest in peace,” the statement read. Shagari prayed God to grant the deceased eternal rest and the family the fortitude to bear the irreparable loss. In his condolence message, former military president, General Ibrahim Badamasi Babangida said that late Ekwueme lived an exemplary life, full of humility. Babangida also described the death of the former vice-president as a big loss to the country, saying that he died “at a time his invaluable role as an elder statesmen is needed for national cohesion”. The statement signed on behalf of the former military president by Alhaji Mahmud Abdullahi said Babangida was pained by the loss and received the news with a heavy heart but took solace in the exemplary life lived by the former vice-president. Former President Olusegun Obasanjo, in his condolence message, also expressed shock over the passing of Ekwueme. Obasanjo in a statement said the deceased was a hero and a great son of Nigeria whose life
had been devoted to the service of his fatherland. “The late Dr. Ekwueme was a selfless, disciplined and patriotic Nigerian who lived a worthy and exemplary life,” Obasanjo said. “This, indeed, is another opportunity for me to acknowledge his diverse and worthy achievements in the multi-faceted endeavours that he had undertaken in the course of a meritorious career in public and private life. “It cannot be gainsaid that over the years, Dr. Ekwueme had shown courage of conviction and integrity in his dealings at the pinnacle of national affairs, notably with his records of sincerity as Vice-President of Nigeria between 1979 and 1983 and as Chairman of the Board of Trustees of Peoples Democratic Party (PDP) during my administration as a democratically-elected President of Nigeria,” Obasanjo added. In his message, former vicepresident and chieftain of the ruling All Progressives Congress (APC), Atiku Abubakar also mourned the passing away of Ekwueme, describing it as a great loss to the nation at this critical phase of its political life. In a statement released by his Media Office in Abuja, Atiku hailed Dr. Ekwueme as a “great man and democrat”, adding that Nigeria’s recent history of democracy and nation-building would be incomplete without his input. Atiku said while the average politician bothered more and often about the next election and which office they would occupy, the late vice-president concerned himself with the well-being of the country and how it could be better governed for the good of all. Atiku enjoined members of the Ekwueme family, the government
and people of Anambra State and the government and people of Nigeria to bear with stoicism the passing on of “this great and illustrious political leader.” The President of the Senate, Dr. Bukola Saraki, Deputy Senate President, Senator Ike Ekweremadu and former Senate President David Mark also mourned Ekwueme’s passing. Saraki described him as a rare personality and an exceptional leader. In a statement by his media aide, Mr. Yusuph Olaniyonu, Saraki said Ekwueme would be remembered for his dedication and service to the development of the country. “Today, I join the entire nation to mourn the passing of one of Nigeria’s most illustrious sons, Dr. Alex Ekwueme, our first elected vice-president. “As we mourn his death, we celebrate his dedication and service to the development of our country. “Dr. Ekwueme was a rare man and a great leader. He will be sorely missed. I pray for God’s strength for his family at this difficult time. May the Almighty God in his infinite wisdom and grace continue to guide the family and the nation that he has left behind,” Saraki said. Ekweremadu, in a statement reacting to Ekwueme’s death, said a pillar of democracy had fallen and recalled the late vice-president’s struggle for a restructured, just, equitable, and prosperous Nigeria. “Dr. Ekwueme combined the uncommon toughness and courage of Heracles with the wit of Odysseus and Nestor. His fearless battle against military rule as the convener of the Group of 34 eminent Nigerians (G-34) can be likened to Heracles’ heroic encounter with the hydra-headed
chthonic monsters. “Ekwueme was a fine gentleman and an epitome of politics without bitterness. Although he lost the presidential ticket of the Peoples Democratic Party (PDP), an offshoot of the G34 and pan-Nigerian political platform he built from the scratch, he remained faithful to the party in thick and thin until his death. “He will be remembered as a public administrator par excellence and a soldier of conscience. He stood by his people during their most challenging and difficult time, knowing that politics has a local flavour most of the time,” the Deputy Senate President said. Expressing condolences to the family, Ekweremadu said the late former vice-president bequeathed a legacy of integrity and strength of character as “he was until his death reputed to have left Office as the VicePresident of Nigeria poorer”. Former Senate President David Mark described Ekwueme as a quintessential leader and a hero of the present democratic dispensation in Nigeria. “Nigeria and indeed Africa has lost a visionary leader, a forefront politician who brought intellectualism into governance. His quest for excellence, due process and rule of law in Nigeria will remain a reference point in politics and leadership for many years to come. “No doubt, history will be kind to Ekwueme for his immeasurable contributions to the political, socio and economic development of Nigeria,” Mark said. The governor of Anambra State, Chief Willie Obiano also described the demise of the former vice-president as a huge loss to Nigeria. Reacting to the news of Ekwueme’s demise from his
Aguleri country home where he had gone to mark his victory in last Saturday’s governorship election in the state with his family, Obiano said that he was yet to come to terms with the reality of Ekwueme’s death, as it was hard to contemplate the void that his passage has created. “A great Iroko has fallen. Nigeria has lost a statesman. Ndigbo have lost an illustrious son. Anambra has lost a father. But I have lost both a father and a friend. I have lost a mentor. This is a big loss on all fronts,” the governor declared. According to him, Ekwueme’s legacy would never die because whenever the story of modern Nigeria is told, his name would be remembered. “I wish to express my deepest condolences to the illustrious Ekwueme family and the people of Oko, his hometown and to Ndi Anambra in general. “Ndonu Ndi Anambra. I pray that God Almighty will give us the fortitude to bear this grave loss,” Obiano added. Also in a condolence message from the PDP, the Caretaker Chairman of the party, Senator Ahmed Makarfi described the late Ekwueme as a great icon of Nigeria’s democracy. In a statement issued yesterday on behalf of the National Caretaker Committee (NCC) and the PDP family nationwide, Makarfi commiserated with the immediate family over the shocking news on the demise of their illustrious son and founding Chairman of the PDP. “However, we take solace in the fact that the Almighty has wished it so. He will be greatly remembered for his fatherly role, doggedness, and sacrifices made to birth the Fourth Republic and to entrench
democracy in Nigeria with other great leaders across the country. “Finally as a party, we believe that the place and role of Dr. Ekwueme will be difficult to fill by anyone. “Our sincere condolences go to his widow, children and other family members, the government of Anambra State and the entire PDP Family nationwide,” the party said.
Mourners Besiege Residence Meanwhile, mourners yesterday besieged the Independence Layout residence of Ekwueme following the news of his demise in a London hospital on Sunday. The News Agency of Nigeria (NAN) reported that the atmosphere was solemn and the mourners wore sad faces. However, a condolence register was opened at the Enugu residence of the former vice-president. When THISDAY visited, about 25 sympathisers including the President General of Ohanaeze Ndigbo, Chief John Nnia Nwodo and the Archbishop of the Enugu Province of the Anglican Communion, His Grace, Most Rev. Emmanuel Chukwuma had already visited and written their condolence messages. Archbishop Chukwuma who expressed shock at the demise of the Second Republic vice-president said the nation had lost a great patriot and statesman. A security man who pleaded anonymity revealed that the wife of Dr. Alex Ekwueme had gone to Abuja and none of the family members was available.
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Presidency: We Have No Confidence in Confab Report Says Buhari fit to contest in 2019, awaits N’Assembly report on Maina Insists AGF can explain continuous detention of Dasuki, el-Zakzaky Damilola Oyedele in Abuja The presidency yesterday put paid to any hopes of the implementation of the recommendations contained in the report of the 2014 National Conference (Confab Report), clarifying that it has no confidence in the report of the conference which it said was a tool to buy goodwill from certain parts of the country. This is as it said President Muhammadu Buhari is fit enough to seek re-election for the presidency in 2019, despite the ill health that has plagued him since the beginning of his tenure. The presidency also disclosed that it is awaiting the outcome of the investigations by the National Assembly on the circumstances of the return and reinstatement of fugitive former Chairman of the Presidential Pension Reforms Task Force, Mr. Abdulrasheed Maina, into the civil service, before taking a definitive action on the matter. These details were revealed by presidential spokesmen, Mr. Femi Adesina, Mr. Garba Shehu and Mr. Laolu Akande, when they appeared on THISDAY’s sister network, Arise News Channel, yesterday morning. Adesina, who is the Special Adviser on Media and Publicity to the President, said the All Progressives Congress (APC), which Buhari is a member, already indicated that it has no confidence in the conference, right from the time it was convened. Adesina said this is response to comments by former President, Dr. Goodluck Jonathan, that he could not implement the report because it was submitted in the twilight of his administration. Jonathan, speaking in his goodwill message at the Integration Summit Roundatable in Abuja last Sunday, said the report holds the key to reshaping and consolidating the necessary common grounds and shared values, needed to move Nigeria forward. But Adesina said the ex president could have implemented the recommendations of the report, if he really wanted to. “Right from the beginning of the confab, the APC had said it didn’t have confidence in it. The good thing is that it (APC) made itself clear on that. Between the time when the conference submitted its report and the time when that government ended, the then president could have implemented it if he wanted. “I know that it is in the papers today, he was explaining why he didn’t implement it but the government could implement the report if it wanted, if it was not strictly a political tool just to buy goodwill from certain parts of the country,” he said. Also speaking on whether the president would contest in 2019, Adesina said only the president himself can provide an answer to that. “The president is the one who answer that question, and a time will come when an answer must come,” he said. Adesina also tackled the disobedience of several court orders ordering the release from detention of former National Security Adviser, Col. Sambo Dasuki (rtd), and the
Head of the Islamic Movement of Nigeria, Ibrahim El-Zakzaky. Maintaining that the administration of Buhari is one that thrives on strict adherence to the rule of the law, Adesina said the Attorney General of the Federation (AGF), Mr. Abubakar Malami, is in a better position to offer perspectives on why the men have not been released. “This administration respects the rule of law. If there are some cases that constitute issues, the best person to address those issues would be the AGF. He would be able to tell from the perspective of law, why those cases are different. But as far as we can see, from practical examples, verifiable cases, the president respects the rule of law,” he explained.
Adesina also talked insinuations of perceived silence from the president on the herdsmen attack in different parts of the country, stating that Buhari already gave marching orders to the heads of all security agencies to tackle the menace. He also defended the recent launch and public presentation of the book on Buhari’s achievements: Making Steady, Sustainable Progress for Nigeria’s Peace & Prosperity, a midterm scorecard on the President u Buhari administration. “There are some who say the president has not done anything, and if they continue to trumpet it, some people may be deceived. That is why we decided to do an encyclopedia of his achievements,”
he said. The book, Adesina added, provides information on the achievements of the government in the three focal areas of security, economy and anti-corruption. Garba Shehu was however more emphatic on the presidential bid for 2019 without categorically clarifying whether or not the president would contest the presidential election. “ That is the perfect answer (Adesina’s response) but if you ask that question; is he good enough, is he fit enough? I can tell you the president is very well and good enough to go,” he said. Shehu, who is the Senior Special Assistant, Media and Publicity to the President, also indicated that Buhari is waiting on the National Assembly,
before he takes a definite action over the scandal and embarrassment caused by the controversial recall of Maina. The matter is currently being investigated by an adhoc committee of the Senate. “Maina, yes, is a sore point. As we speak, the National Assembly is also investigating the issue. It would not be reasonable if the president is judgmental or rushes into judgement on this matter. Supposing, something comes from the National Assembly asking him to do this or that, that would be awkward, if he had already determined this matter. This government, like all governments, has to work together as one: the judiciary, executive and Legislature and that is what you are seeing,”
Shehu said. He also debunked insinuations that the president is slow to act on corruption allegations involving his associates, explaining that under a constitutional government, the president hasnopowerstostopanti-graftagencies from carrying out investigations, or to stall such investigations. “If there is a failure to get it done, please ask the agencies,” the presidential spokesperson said, added. “No government has taken the fight (anti-corruption) this far, as this government as done. There has never been as many number of convictions, there has never been as much recoveries of funds, there has never been so highly placed people undergoing trial in the history of this country. “
Judge’s Absence Stalls Nnamdi Kanu’s Trial Abaribe demands N10m compensation from Nigerian Army Alex Enumah in Abuja The trial of leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, was yesterday stalled following the absence of the trial judge, Justice Binta Nyako. Kanu and three others are being prosecuted by the federal government on charges of alleged treasonable felony. At the last adjournment, Kanu was absent in court and his counsel, Ifeanyi Ejiofor, told the court he doesn’t know the whereabouts of his client following the invasion of his home by soldiers on September 12, 2017. Ejiofor added that he cannot tell if Kanu was alive or dead as he has not seen or heard from him since the attack by the army. One of Kanu’s sureties, Senator Enynnaya Abaribe, similarly told the court the same story and asked to be discharged from the surety he stood for Kanu. Responding, Justice Nyako declined listening to Abaribe until he has produced Kanu in court. She adjourned the trial till
yesterday to enable the senator produced the defendant in court or in the alternative forfeit the bail of N100million granted the defendant. However, the trial could not go on yesterday as the judge was said to be attending judges conference in Abuja. While Kanu was again absent in court, Abaribe was however present. Both the prosecution and defence counsel also appeared for the trial while the second and third defendants were produced in court by the prison officials. Meanwhile, Abaribe has filed an application before a Federal High Court in Abuja, praying for an order compelling the Chief of Army Staff to offset all expenses he incurred in the cause of Kanu’s trial. Abaribe is also seeking compensation in the sum of N10million as damages for the psychological trauma he claimed he went through following the extra-judicial self-help actions of the Army Chief of Staff. Abaribe is one of the sureties who signed a bail bond of
N100million to secure bail for Kanu, who is being prosecuted by the federal government. On October 17, the trial judge, Justice Binta Nyako, had ordered that Abaribe and the other sureties should appear on November 20 to show cause why a bench warrant should not be issued against them. More so, the court held that Abaribe can only be reclused if he produces Kanu or forfeits the N100m bail bond. But in the motion on notice filed
by Abaribe, he is also praying for “an order of the court compelling the Chief of Army Staff, on failure to produce 1st defendant/2nd respondent, to pay to the court the sum in the bail bond earlier executed by the applicant on behalf of 1st defendant/2nd respondent. “An order of the court compelling the Chief of Army Staff to produce 1st defendant/2nd respondent before the court and or to explain to the satisfaction of the court the circumstance surrounding his whereabouts.
“An order of court compelling the Chief of Army Staff to show cause why the Attorney General of the Federation should not be compelled to initiate contempt proceedings against him for his extrajudicial self-help conducts that have obviously frustrated the proceedings and course of administration of justice and which actions have brought the court to some ridicule and its power appears nugatory as well as placing the applicant in a fixed up position.”
TUESDAY NOVEMBER 21, 2017 ˾ T H I S D AY
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FG Steps up Efforts to Repatriate $321m from Switzerland The federal government has stepped up efforts aimed at repatriating $321 million looted funds from Switzerland before the end of the year. The announcement was made yesterday by the Senior Special Assistant to President Muhammadu Buhari on Justice Reforms, Mrs. Juliet Ibekaku, at an anti-corruption campaign organised by the Centre for Democratic Development (CDD) in Abuja. Ibekaku noted that as a result of the efforts made so far by the present administration, part of the Malabu Oil deal funds held by the court in the United Kingdom had been recovered. The presidential aide said: “We are also working to finalise the process for the return of $321million and by December, we are going to sign the MoU for the return of the money held in Switzerland. “I am happy to also note here that some civil society organisations working in the area of asset recovery were involved in the negotiation of the MoU and will be involved in monitoring the assets. “This is to ensure that the returned funds are managed in
a transparent manner as other recovery plans continue in countries like UK, Island of Jersey and France.” Ibekaku said that the federal government had also opened up discussion with the US government for the return of the money that left that country for two or three years from 2013. She explained that the recovery mission was hinged on the Open Government Partnership Initiative which was committed to four thematic areas: Transparency, Anti-corruption, Access to information, Citizen Engagement and Empowerment. The presidential aide said the president has also directed all the law enforcement agencies to put all recovered money in the central account. Ibekaku said that the president also directed that asset recovery should now be ploughed into the budget to fund part of it, starting from 2017 “so that is what the money is being used for.” She further clarified that all the money being recovered by the anti-corruption agencies would go towards funding part of the
budget. Also speaking, the Executive Director of CDD, Ms Idayat Hassan stated that the event was organised with support from the Open Society Initiative for West Africa and the Department for International Development. According to her, the event is getting answers to some questions on the recovered money. Hassan said it was obvious that tackling corruption remained one of the president’s main priorities. She said it was in line with the president’s vision that the event was organised, to provide a platform for constructive review and interrogate government’s approach to anti-graft campaign. The executive director added that the platform also sought to proffer alternative opinions for robust, effective and sustained interventions in the anti-corruption fight and effective usage of the recovered money. She called on the government to carry Nigerians along on the amount recovered so far and how the money was being spent to boost their confidence on the administration’s policies and programmes.
Peter Obi Hails Jonathan at 60 The former Governor of Anambra State, Mr. Peter Obi yesterday rejoiced withtheformerPresident,Dr.Goodluck Jonathan as he attained 60 years. Obi said the former President
would forever be remembered for the part he played in deepening democracy inAfrica, when he, against the trend, handed over power to his successor.
He said Jonathan would remain a reference point in Africa and ought to be celebrated for that singular demonstration of abiding faith in democracy.
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T H I S D AY ˾ TUESDAY, NOVEMBER 21, 2017
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com
WORLD CUP EXIT
Italy Soccer Boss Resigns Italian soccer federation (FIGC) President Carlo Tavecchio resigned yesterday, a week after the national team failed to qualify for the World Cup 2018 finals for the first time in 60 years. Tavecchio, 74, had been under pressure to step down after a goalless draw at home to Sweden meant Italy missed out on the World Cup for the first time since 1958. Coach Gian Piero Ventura was sacked last Wednesday. An angry Tavecchio told a news conference he had resigned because he had lost political support within the FIGC, not because of the team’s results on the field. “I didn’t think for an instant. I resigned and I resigned as a political act to the Council, certainly not for sporting reasons,” he said. “I asked the members of the Federal Council to resign as well and nobody did, they left me on my own.” Often referring to himself in the third person, he said he had been the victim of persecution by the media. “The only thing missing was Tavecchio on the cross,” he said. He also said that Italy’s elimination had affected him personally as an ordinary fan.
“Carlo Tavecchio was very upset, but not as the head of the soccer federation, but as Carlo Tavecchio.” He added that it had not been his decision to appoint Ventura, a journeyman coach who had never coached either AC Milan, Inter Milan or Juventus nor won a major title at club level. “Now, everyone knows that I wasn’t the one who chose Ventura. (But) Tavecchio pays because of Ventura,” he said. Tavecchio was first elected to the FIGC post in August 2014 with the support of the third and fourth-tier clubs and amateur leagues who hold the balance of power in FIGC elections. He replaced Giancarlo Abete, who had resigned immediately after Italy were knocked out in the first round of the World Cup in Brazil – an example which Tavecchio was under pressure to follow. He was re-elected as head of the federation in March when he said that he had restored Italy’s credibility. During the 2014 FIGC campaign, Tavecchio caused an outcry when he made a comment about a fictitious African player he named Opti Poba “eating bananas”.
He was subsequently banned from holding any
position with world governing body FIFA for six months
while European body UEFA imposed a similar sanction.
The FIGC, however, cleared him of any wrongdoing.
Moses (right) is back in training with Chelsea after been sidelined for five weeks by hamstring injury. He is not expected to be in action against Qarabag in UEFA Champions League tomorrow
Obaseki Hails Falconets on U E F A C H A M P I O N S L E A G U E 5-1 Victory over Morocco Guardiola Plays Down Man City Favourites Tag The Governor of Edo State, Mr. Godwin Obaseki, has hailed Nigeria’s Under-20 female football team, the Falconets on their 5-1 victory over Morocco last Saturday at the Samuel Ogbemudia Stadium in Benin City, the Edo State capital. The match is the second leg of the France 2018 Under-20 World Cup qualifier, and came after the Falconets recorded a 1-1 draw with the Moroccans on their home turf. Residents of Benin City and environs trooped to the Samuel Ogbemudia Stadium to cheer the girls to victory, defying the Saturday heavy downpour in the city, after the state government announced that no gate fee would be required to watch the match. Reacting to the game, Governor Obaseki said that the girls lived up to the expectations of Edo people and Nigerians, as they reinforced the belief that Edo State is a victory ground for national football teams. According to him, “The Falconets, have shown, once again, that we are doing the right thing in throwing our weight behind them. They won their game against Tanzania on this turf and have repeated the feat, albeit resoundingly this time.” He praised Rasheedat Ajibade and Reuben Charity who grabbed two goals each
with their exemplary skills, noting that the goal by Gift Monday helped to seal the game. The governor said that the girls demonstrated an enviable style of play, which often dazzled their opponents, he said that their panache on the field as well as their determination, were impressive and should be emulated by every Nigerian whenever they are tasked to represent their country. “I am impressed by how well the girls perform while representing the country. The Edo State Government provided them with the necessary support to win, but it was still dependent on the team to prove their mettle. They have made us proud with the win and we hope the trend continues,” Obaseki concluded.
Obaseki
Manchester City Manager, Pep Guardiola, has said that his team is still not among the favourites to win the UEFA Champions League despite their eye-catching form in domestic and European competition. The Premier League leaders face Feyenoord tonight unbeaten in 18 games in all competitions this season and with an increasing number of observers tipping them to challenge for Europe’s biggest prize, which they have never won. Napoli Coach Maurizio Sarri and Leicester’s well-travelled boss Claude Puel are the latest respected judges to name City as the best team in Europe but
Guardiola is continuing to play down expectations around his side, who have already qualified for the Champions League’s last 16. “I say thank you very much to both of them,” said Guardiola of the praise from his fellow managers. “For Manchester City, a team that still needs a history in Europe, it is a big win. “That doesn’t mean we are favourites to win the Champions League but it’s nice. It means we are doing some things very well. “But obviously people usually say the favourite teams are FC Barcelona, Bayern Munich, Real Madrid and
others. But that people put us there, is a big honour. That does not mean we have done anything because we haven’t.” Guardiola has lost England defender John Stones for up to six weeks with captain Vincent Kompany, another centre-back, still edging his way back from injury. With 13 games to play from Tuesday until their trip to Watford on January 2, Guardiola believes the coming period will be his squad’s biggest test of the season. “We don’t have a big squad,” he said. “It is a big pity we lost a month-and-a-half of Vincent Kompany and now John Stones. To win the
titles we need all the squad, especially important players like John and Vinny. “On the other side, we have an opportunity. We have to play 12 games in a short space of time (until the end of 2017) with only three central defenders, and one of them is a risk in Vincent only just back.”
TODAY Besiktas Vs Porto Spartak Vs Maribor Dortmund Vs Tottenham APOEL Vs Real Madrid Sevilla Vs Liverpool Napoli Vs Shakhtar Monaco Vs Leipzig Man City Vs Feyenoord
Kaduna Clinches National Women Cricket Championship Kaduna State over the weekend exhibited a steely character to defeat FCT by 31 runs to win the National Women’s Cricket Championship at the National Stadium, Abuja. The side, coached by Zeal Ibe, overturned the tide late in the second inning by knocking out the FCT’s 10th wicket to win with 135 runs to their rivals’ 104 runs. Aside from clinching their maiden national title, Kaduna which finished as runners up in the past edition, similarly scooped three individual awards that reinforced their rating as the best team. Team Captain Blessing
Nwobodo, emerged the Most Valuable Player and Batsman of the series with 124 runs, including three knock outs; Mary Desmond was named the Best Fielder by virtue of her five catches. The Best Bowler award was clinched by Kehinde Abdulkadir of Oyo State. Nwobodo attributed the team victory to hard work and indomitable fighting spirit. She said with the victory the players are now eying invitations to the national team. She also appealed to the Kaduna State government to continue to emphasis on the development of cricket in the
state. Six teams namely, Oyo, Anambra, Niger, Kaduna, Edo and FCT attended the event spread over three days. Edo edged Oyo to the third position. President of the Nigeria Cricket Federation (NCF) Professor Adams Yahaya Ukwenya assured all that the federation will form the nucleus of the national team from the talents discovered at the championship Ukwenya said that though the competition was a senior championship, most of the players were teenagers, who exhibited a high standard by scoring on the average over
100 runs. “Though cricket is over 100 years old in Nigeria, female cricket is just 10 years and its popularity is soaring across the regions. “We hope that some of the players will form the bulk of the national team. The federation will ensure that their techniques conform to international standard,” Ukwenya said. Meanwhile, the National Men’s Championship is scheduled to start on November 30 in five regional venues with the Finals coming up in Ibadan and Lagos between December 5 and 9, 2017.
Tuesday November 21, 2017
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Price: N250
MISSILE Fayose to Buhari “The missing Chibok girls are still not found; herdsmen are killing people daily and ravaging parts of the country. The alarming cases of kidnap among others across the country are a sign of a failed government” – Ekiti State Governor, Ayodele Fayose questioning the federal government’s rationale for hiring Malaysian experts for N458million to help Nigeria build her economic capacities.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Go, Mugabe, Go S
ince August, I have been the anchorperson of a programme on television called ThisDay Live where we discuss political matters - local and global. The programme is available on Arise News TV at 6pm, 9pm and sometimes at midnight every Sunday. Two days ago, we discussed the situation in Zimbabwe, the elections in Anambra, Nigeria’s decision to hire Malaysian experts at a cost of N485 million to figure out new pathways for Nigeria’s economic growth (with all the experts in Nigeria oh!), the proposed expansion of President Buhari’s cabinet, the burial of 26 teenage Nigerians by the Italian authorities without Nigeria showing up, the sale of Nigerians and other Africans into slavery in Libya… But our top story was Zimbabwe and the travails of a once-upon-a-time Comrade Robert Mugabe. We started the programme by joining the Arise News studio in London where our colleague Tham who has been on the Zimbabwean story provided all the updates. He had said that he thought that the Lagos studio was a little behind on the story, because at that point, there were clear indications that Robert Mugabe had been persuaded to resign and he thought that would happen in a matter of hours, because television cameras were already being set up and Mugabe, having been expelled from the ruling party, along with his Lady Macbeth wife- the Gucci Grace, was bound to throw in the towel. I engaged Tham and my last question to him was: Is it certain that Mugabe would resign, or he would have to be impeached? I paraphrase of course. But Tham was sure, he was certain that the matter would not require impeachment proceedings, and that Mugabe was sure to resign and allow Zimbabwe to move ahead. His optimism was misplaced, and I do not blame Tham for his optimism. We all have been very optimistic that the drama of Zimbabwe had reached a certain end, but the reality is that the coup plotters of Zimbabwe are proving to be the nicest coup plotters ever in the history of that enterprise. The more we hear about Zimbabwe, the more it appears that the military and the ZANU-PF hierarchy who want Robert Mugabe out of the way, are not really sure of what means to employ to achieve their objective. This must be the most uncertain, the most diffident bid for power ever, and it is a clear illustration of the extent of Robert Mugabe’s hold on power in that unfortunate country. Majority of the people who want Mugabe out of power may not like his wife, the typist turned mistress, turned wife, turned Lady Macbeth, turned power-seeker, but they remember Mugabe’s role in the history of their nation – he fought for independence, he defied the colonialists and the imperialists, but he then became a despot, muzzling the opposition, killing off any form of dissent, the once revered revolutionary soon became a woman-wrapper, and in his later years, a parody of his old self. Those who want him out of power are his own associates, members of a party he co-founded, not the opposition, and so they treat their elderly comrade with too much love. These coup-plotters are therefore behaving as if they are afraid to hurt Mugabe.
Mugabe He is so ensconced in their psyche, they would rather not hurt him, because he is so central to their collective reckoning and history. The Zimbabwe military has been treading so carefully it does not even want to use the word “coup”. I believe that this is not necessarily out of the fear of international backlash – the international community would be glad to see Mugabe fall- all the issued statements are at best symbolic diplomatese. Mugabe is the oldest President in the world and a signal nuisance with his off-key speeches, falling spells, despotism and soporific appearances on the global stage. At 93, he has nothing to offer anymore, but the man has since declared that he is determined to remain in office till the age of 100, or interpretively, die in office. A coup against such a man would attract the usual scripted responses but the global feeling would be one of actual relief. Leaders like Mugabe sometimes put international consensus to threat. Anyhow, the characters in charge of the current situation in Zimbabwe not only put Mugabe under house arrest, they have since then been going to him to pay homage. Two days after the military announced their intervention, the leaders went to visit Mugabe at home. He later showed up at a convocation ceremony, where he showed absolutely no signs of distress. One of the graduands was in fact the wife of the Zimbabwe Chief of Defence Forces! When Mugabe addressed the nation on Sunday, he was serenaded by the same people who want him out of the way, with one of them even helping him to turn the pages of an incoherent speech. The so-called change-agents of Zimbabwe are actually not change agents at all. What is going on in Zimbabwe is not a revolution; it is a re-arrangement of the power nexus within the ruling party. This is all at the end of the day about Grace Mugabe. The liberation veterans within the ruling party, who are aligned with the ousted former Vice President Emmerson Mnangagwa resent the rise to influence and power and the threat of further rise of Robert Mugabe’s wife, the 52-year old Grace Mugabe. They needed to stop the flow of her opportunism: her plan to capture the leader and capture the country with nothing more than female power. I agree that it is important and expedient to stop
Grace Mugabe from turning an entire country into what is currently known in Nigeria as “the other room”. Having achieved that objective, and Robert Mugabe having reassured them, and they assuming that by taking leadership of the party from Mugabe and bringing back Mnangagwa, that the revolution has been saved, the elders of the events of the last week in Zimbabwe may end up advertising their own naivety. The rigmarole, indeed the entertainment, has gone on for too long. The speech given by Robert Mugabe Sunday night showed that Mugabe is defiant. He is unwilling to resign or step down. He understands that the Sixth schedule of the Constitution creates its own special roadblocks if a “supposedly elected” President must be removed from office. If care is not taken, Robert Mugabe will outsmart those who want him out of power and we could have a tragic situation in that country. The old man of Zimbabwe politics is still trying to take charge, postponing the evil day and even after his removal from the leadership of the party, he wants to preside over the next meeting of the ZANU-PF. Here is Mugabe behaving like that proverbial, aged uncle in the village who keeps defying death. Each time he falls ill and the children and grandchildren begin to prepare for his funeral, he would suddenly wake up again, sometimes after his death has been announced and funeral arrangements have been made. The family got trapped in the endless funeral arrangements, until someone came up with the idea that the Oracle should be consulted to find out the mystery of the old man’s repeated Lazarus-like existence. The Oracle’s striking revelation was that the old man had a charm, a ring on the big toe of his left leg, and until and except that ring is removed, the man may never die. What the change-seekers of Zimbabwe should do is to remove that ring around Mugabe’s thumb toe on the left leg. It is none other than the respect and sympathy that the authors of the recent process still have for Mugabe. Left to the ZANU-PF leadership and the military, they’d rather have Mugabe die in office. What they cannot stand is the impunity of his overreaching wife, the Jezebel called Grace Mugabe. The turning point came when Grace turned her gaze on the liberation veterans and began to eliminate them starting with former VP Emmerson. The liberation wing of the ZANU-PF could no longer tolerate the rise of Grace Mugabe’s G-40 and their bid for power. Grace Mugabe is Robert Mugabe’s nemesis. She is the Delilah to his Samson. When Nigeria’s President Muhammadu Buhari told an international audience that his wife belongs to the sitting room, the kitchen and the other room, we all accused him of misogyny, but in far away Zimbabwe, Mugabe is making Buhari look like a man of wisdom. Not a few world leaders have been destroyed by their wives: Lucy Kibaki, the wife of Kenyan President Mwai Kibaki was so powerful, her husband openly deferred to her in public. In Africa’s patriarchal system, a President’s wife behaving like she has her husband on a leash, is bound to ignite crisis. Grace Mugabe is said to be in
a fit of hysteria. Forty-one years younger than the husband she married by stabbing another husband in the back, Grace Mugabe will never be forgotten as a case study for the anatomy of female power. On his own, Mugabe, going through a process of anagnorisis and devastating catharsis, wants to hold on to power by all means. Sit-tight African leaders and despots never want to leave. Idi Amin of Uganda didn’t want to go. Yahya Jammeh, the most recent example, tried every possible trick to prolong his stay in office. In Egypt, it took a people’s revolution to push Hosni Mubarak out. Mugabe is going through the same course of defiance. He needs to be reminded that the people are the real Oracle of democracy. The game is up. The genie is out of the bottle. In 37 years, the ordinary people of Zimbabwe, who have majorly not known any leader other than the old man, have never gone out in protest to reject him, not even when he brutalized the opposition, not even when he killed hundreds of thousands of Ndebeles, but now the people have found their voice. They are defying Mugabe. They want him out. He has thus lost legitimacy and influence. His mystique is gone. His power is vanishing. Without power, a man of power is nothing but a shell. Mugabe has reportedly rejected every option that he has been given: resignation, a life in exile, or retirement within the country, with full immunity. He is not sure. He is trying to buy time. The truth is Mugabe has been caged. He is afraid of tomorrow. He is scared. It is good to see the hunter in the role of the hunted. He does not deserve our pity. Hopefully, other sit-tight African leaders who imagine themselves to be monarchs rather than leaders would learn from the travails of former Comrade Robert Mugabe. In Togo, Equitorial Guinea, Democratic Republic of Congo, Uganda, and Cameroon, and elsewhere in Africa, sitting Presidents are behaving like monarchs. The rings on their toes would also have to be removed by the people, in order to fully consolidate the democratic dispensation in Africa. The international community must not allow Zimbabwe to continue to drift. The uncertainty that lingers in that country, if allowed to continue, could result in greater chaos and instability. The Military and the ZANU-PF have done apparently their best so far to push Robert Mugabe, but the man has refused to jump. The international community has the wherewithal to make him jump. It must be made clear to him in no uncertain terms that the game is up. It is over. The Zimbabwe parliament should be encouraged to impeach Robert Mugabe. Fears of a possible deluge in a Zimbabwe without Mugabe may be overstretched. Things are bad enough as they are in that country, with inflation at 50%, a comatose economy and widespread hardship. Mugabe’s exit should guarantee only one outcome: an opportunity to rebuild a battered country and a traumatized citizenry. That real change may not come from a compromised ZANU-PF and so-called rent-collecting liberation veterans, but from a new beginning in which Zimbabwe frees itself from the Banquo’s ghost of Mugabe’s misrule and an entitlement class parading itself as revolutionaries.
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