Wednesday 12th December 2017

2017 Budget: FG to Release Another N750bn Capital Vote Ndubuisi Francis in Abuja The federal government is set to release another N750 billion to its ministries, departments and agencies (MDAs) as part of the capital component of the 2017 budget.

It had earlier released N450 billion for capital projects since the budget was signed into law last June. Should it make good its promise, it would have released almost 50 per cent of its capital spending plan for the 2017

fiscal year. The Minister of Finance, Mrs. Kemi Adeosun, who made the disclosure yesterday during a meeting with a delegation of investors from France, said the sum of N450 billion had previously been released for

capital projects, adding that with the additional of N750bn, the sum of N1.2 trillion would have been invested in infrastructure projects. The delegation was made up of 30 companies from France that had expressed

their readiness to invest in key sectors of the Nigerian economy. Adeosun said: “What the government is doing is to provide the enabling infrastructure that would bring the country’s potential to reality.

“Last year, we released N1.3 trillion of the capital budget and so far this year we have released N450 billion and this week we will release another N750 billion and this will take Continued on page 6

UN Allocates $13.4m to Support Humanitarian Assistance in N’East… Page 8 Tuesday 12 December, 2017 Vol 22. No 8272. Price: N250

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In Landmark Ruling, A’Court Says EFCC Lacks Powers to Prosecute Judges Strikes out charge against Justice Nganjiwa Commission to appeal, says judgment is ‘ridiculous’ FG explains why owners of recovered assets have not been charged Iyobosa Uwagiaren, Chineme Okafor in Abuja and Davidson Iriekpen in Lagos In a landmark ruling, the Court of Appeal in Lagos yesterday held that the Economic and Financial Crimes Commission (EFCC) does not have the

powers to investigate or prosecute a serving judicial officer and struck out the criminal charges filed by the commission against a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa. Continued on page 8

2019 Ticket: APC Should Not Mimic PDP, Tinubu Replies Okorocha Onyebuchi Ezigbo in Abuja The National Leader of the All Progressives Congress (APC), Chief Bola Tinubu has clarified the misrepresentation in the statement attributed to him by Imo State governor, Rochas Okorocha, saying he never underrated the importance

of governors in the party’s nomination process. He further explained that what he said in that encounter with journalists in Akure “and still canvasses is that the APC should not mimic the PDP’s (Peoples Democratic Continued on page 6

Oando Appeals SEC Suspension… Pa g e 1 0

A NEW CHAPTER FOR PDP… Outgone Chairman of the National Caretaker Committee of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi (left), and the National Chairman of the main opposition party, Prince Uche Secondus, during the handover of the caretaker committee to the Secondus-led executive of the party, in Abuja… yesterday

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Makarfi Explains S’West’s Drubbing in Chairmanship Race Denies existence of ‘unity list’, hands over to Secondus Jonathan moves to pacify aggrieved PDP aspirants Onyebuchi Ezigbo in Abuja The former chairman of the National Caretaker Committee of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi has spoken on the possible reason for the loss of the chairmanship aspirants from the South-west at the party’s national convention. Five candidates from the region had withdrawn from the chairmanship race and adopted Prof. Tunde Adeniran as their consensus candidate. Adeniran later emerged second in the exercise with 231 votes, far behind the 2,000 votes garnered by Uche Secondus, the new chairman. Speaking on Channels TV yesterday, Makarfi said the South-west never had a true consensus candidate for the chairmanship position. He also said a “damaging campaign� engineered by an unnamed individual rubbed off negatively on the region. “For the South-west, it was at the convention venue that they resolved on a consensus candidate. And even then, another candidate came to the state box and met the leaders and said, look they never resolved and that he was still in the race. So, it was total confusion,� he said. “Somebody signs on behalf of other candidates and says ‘we now have a consensus candidate and please support him’, and another goes round saying, ‘no, we don’t have a consensus candidate’.� He, however, did not divulge who that individual was. “The whole issue of the Southwest was its inability to put itself in order in good time. And then

allowing some characters that could not stand up in terms of credibility to occupy the political and media landscape,� Makarfi said. “And we cautioned them that that negative campaign by one individual was damaging them as a people and members of the PDP, and they needed to call that person to order. Still, they never called him to order. And as far as I know, 90 per cent of PDP members that person comes to will run away.� Makarfi also denied the allegation that the convention was marred by a “unity list�. The said list featured names of individuals and their respective positions who were favoured by an influential bloc of the party. All positions on the list later corresponded with the list of successful candidates announced. But Makarfi insisted that “nobody foisted anything like a unity list on the delegates�. He said: “Nobody had a list going to the polling unit. Every delegate had his ballot paper and at each polling unit, names of those standing for the election were there. And delegates looked at that and made their choice. “In politics, you also have consensus building. Even before the convention, you had geopolitical zones and states endorsing candidates. “So, if a zone was endorsing a particular candidate, they must have consulted with their delegates, so they must have arrived at that venue with a decision as to who to vote for. “Before the convention, people were going round and campaigning and some states changed their mind. So the issue of any particular list may be an

issue of a state or zone which had come to a decision that this was where we were going.�

Secondus Takes Over Also yesterday, the new national chairman of the PDP, Prince Uche Secondus formally took over the reins of office from Makarfi. Speaking shortly after receiving the hand over notes from Makarfi, Secondus said the youths were going to be the new vanguard to make sure that the party takes over all the polling booths in the country in the next election. While commenting on the achievements of the Makarfi-led caretaker committee, the new chairman said Makarfi and his team were chosen by God to deliver PDP from the brink during its most trying moments. He described Makarfi as a hero of the modern PDP whom God used to redeem the party. He also described the secretary of the caretaker committee, Senator Ben Obi as a very humble man who performed his job creditably. Secondus also praised the spokesman of the caretaker committee, Dayo Adeyeye for being proactive and always being truthful in his messages, rather than dishing out propaganda, as was the case with the All Progressives Congress (APC). On the ill feelings expressed by some of the aspirants with respect to the convention, Secondus said: “The election has come and gone and there is no victor, no vanquished.� Secondus assured those present that the new executive will embark on full reconciliation

as a first responsibility. “We promise you to rebuild our party, to reposition our party and that will start today. We intend to hit the ground running,� he said. He said the gate of the PDP had been thrown open, adding that there will no longer be any barrier for those who want to join the party, including all those who left the party in the past due to grievances. The new chairman of the opposition party said that reconciliation efforts had started, adding that it was going to remain focused on its set targets and will not be distracted by the ruling APC. On the strategy PDP will adopt to take on the APC in the run-up to 2019 elections, Secondus said every effort will be directed at making the public aware that the ruling party is operating a broken government which has nothing to offer Nigerians. He said Nigerian youths will be given a special place in the party and will be mobilised to carry the message to the grassroots, “the same applies to women�, whom he said will be empowered to play a key role in the affairs of the party. He said going forward the state chapters of the PDP will be empowered to carry on their duties and to respond adequately to national issues. “We will make sure that there is no more imposition and that the era of impunity is over. There will be no more impunity. The old order has gone and the new order of discipline is in place and we are going to try as much as possible to ensure zero tolerance for corruption,� he said. He added that the powers of

the central leadership of the party were going to be decentralised to enable the local chapters of the party to handle certain issues independently, including discipline and reconciliation efforts. Speaking at the handover ceremony, Makarfi expressed satisfaction with the assemblage of party stalwarts who came to witness the take off of the new national executive of the party. On the perception that one section of the country (the South-west) had been edged out during the convention, Makarfi said that was not the case. “No part of the country should feel that they have been left out of the party just because it did not get certain positions. “There are several things to gain when the party returns to government and everyone will definitely get a fair share of it,� he said. To add color to the event, the publicity department of the PDP had said the new chairman will be received at the entrance of the national secretariat along with other newly elected officers and party leaders. Makarfi and his colleagues in the outgone caretaker committee were given a standing ovation when they formally pulled out from office yesterday. Meanwhile, in a bid to pacify and rally support for the newly elected National Working Committee (NWC) of the PDP, former President Goodluck Jonathan yesterday visited one of the candidates for the post of national publicity secretary of the party, Prof Abubakar Olanrewaju Sulaiman. While praising the candidate

for his doggedness and passion for the party, he pleaded with him to accept the outcome of the election as the wish of God. “Prof, you did well and members of our party know you are the best among the competitors. Put the events of last night behind you and move on,� Jonathan said. Jonathan also appealed to Sulaiman to let go of whatever might have transpired and support the new exco of the party. “We appeal that you all give the new exco some benefit of the doubt and see how things work out. If we fail to support them, then we are not helping the party,� the former president stressed. In his response, Sulaiman thanked the former president whom he fondly referred to as his boss, describing him as a “consummate leader, worthy of emulation� and assured him that he will take to his wise advice. “My boss, President Goodluck Jonathan, I sincerely thank you for the visit and your compassionate posture. Sir, indeed you are a consummate leader worthy of emulation. “You have indeed inspired me more and I promise I would take your advice,� Sulaiman said. He further added that nobody or group of persons could intimidate them out of the party. “The party is ours and nobody or group of people can intimidate us out of the party,� Sulaiman affirmed. In the former president’s entourage were his former minister, Mr. Tanimu Turaki, and the Obanema of Opume Kingdom in Bayelsa State, King A.J. Turner King, among others.

“We are interested in many areas such as energy, agriculture, services especially towards youths and we will identify other areas subsequently,� he said. Before the meeting with Adeosun, the delegation met with the Executive Secretary of the Nigerian Investment Promotion Commission (NIPC), Ms Yewande Sadiku. Sadiku had informed the

French investors that Nigeria remains a top destination of capital inflows on the African continent. She said: “Nigeria is strategically located in Africa to serve the needs of many countries as a regional hub on the continent. “We have a compelling population that provides the market which means that Nigeria can serve as a manufacturing

hub for investors.� While expressing delight in the interest shown by the investors, Sadiku noted that France was one of the many countries that Nigeria was targeting in its investment strategy. On investment flows into Nigeria, Sadiku said France was number ten on the list, accounting for about $1 billion of the capital importation into Nigeria.

essential and important voices in the party. Asiwaju values and respects each one of them and gives their individual and collective opinions much weight. “Yet, in the exercise of our opinions and support for candidates, we all must be guided and never lose clear sight to the democratic ideals that separate the APC from other parties. “We must maintain the integrity of the processes no matter how clear-cut a decision or an outcome may seem to be. With regard to democracy, the process is of equal import as the outcome itself. “That is the essence of what Asiwaju said that day in Akure. He merely asked APC members to adhere to the democratic path that thus far

has served the party so well. There can be no true dispute with such a sentiment.�

2 0 1 7 B U D G E T: F G TO R E L E AS E A N OT H E R N 7 5 0 B N C A P I TA L VOT E the releases to N1.2 trillion by the end of the year.� In his remarks, the head of the French delegation, Mr. Philippe Labonne, said the investors had indicated interest in investing in key sectors of the economy such as banking, infrastructure, renewable energy, agriculture and youth empowerment. The decision of the companies to invest in Nigeria was taken following a directive

by the government of France encouraging French companies to increase their investments in Nigeria. He described the Nigerian economic environment as encouraging owing to the stability in the foreign exchange market in recent months. To achieve their investment objectives, Labonne said most of the French companies would form strategic partnerships with

their Nigerian counterparts. “We are here to assess the investment environment in Nigeria to enable us to take advantage of the country’s investment opportunities. “We have about 30 companies in this delegation in sectors such as infrastructure, services, agriculture and banking and the purpose of this meeting is to identify key sectors where we can invest.

2 0 1 9 T I C K E T: A P C S H O U L D N OT M I M I C P D P, T I N U B U R E P L I E S O KO R O C H A Party) penchant for shortcircuiting internal democracy by promoting the idea of an automatic ticket�. Last month, Okorocha had said all the governors in the country, save for two, had endorsed President Muhammadu Buhari for re-election, thus implying the governors had given the president an automatic ticket for 2019. Asked to respond to the issue after a meeting with Afenifere leader, Pa Fasoranti in Akure recently, Tinubu had said such was strange to the party and that Buhari was a man who believes in due process. The Imo State governor, however, interpreted that to mean a slight on the party’s governors. Speaking with journalists

at the weekend in the same Akure after he received an honourary doctorate degree at the Adekunle Ajasin University, Akungba-Akoko, Ondo State, he said his own statement referred to the party’s governors and that Tinubu was crying more than the bereaved. Clarifying Asiwaju’s statement in a statement last night in Lagos, his media adviser, Mr. Tunde Rahman, said: “We note Imo State governor, Rochas Okorocha’s statement. “It is important that the record of what Asiwaju Tinubu said when approached by journalists during his last visit to Akure is accurate. “Thus, I make this statement in the hope of clarifying a misinterpretation that seems to have taken hold in some

quarters. “I was at the interview session. Asiwaju never said anything that could be interpreted as meaning or even implying the governors are irrelevant or insignificant to the party’s nomination process. “As a former governor and a leading statesman within the party, such words would never come from him. “Moreover, Asiwaju is a democrat who believes that the open and democratic processes of the APC, which led to the nomination of President Buhari in the first instance, have served the party well and have helped distinguish the APC from PDP and other parties where fairness and internal democracy are rare commodities. “Every individual has a right to endorse or support

a candidate of his choosing. What Asiwaju said at that encounter and still canvasses is that the APC should not mimic the PDP’s penchant for short-circuiting internal democracy by promoting the idea of an automatic ticket. “The exercise of internal democracy and honoring the letter and spirit of party rules can only strengthen the party and enthuse its members. “APC’s all-inclusive philosophy was not devised today. It had been with the party since its creation. “It was this spirit, which we believe, attracted fellow progressives and those who genuinely believe in democracy in all of its aspects to the party. Asiwaju includes Governor Okorocha in this group. “The APC governors are

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Timaya Bags Grammy Nomination Nigeria’s dancehall act Timaya has bagged a Grammy Nomination having featured on Morgan Heritage’s album “Avrakedabra�. Morgan Heritage is a reggae band formed in 1994 by five children of reggae artiste, Denroy Morgan. The band comprises Peter “Peetah� Morgan, Una Morgan, Roy “Gramps� Morgan, Nakhamyah “Lukes� Morgan,

and Memmalatel “Mr. Mojo� Morgan. The Nigerian singer featured alongside Ghanaian Afro-pop singer, Stonebwoy, Chubb Rock, Stylo G, Bunji Garlin, Dre Zion & Jaheil on Morgan Heritage’s “Avrekedabra� album. “Avrekedabra� was nominated for the Best Reggae Album award and will slug it out with “Chronology� by

Chronixx, “Lost in Paradise� by Common Kings, “Wash House Ting� by J Boog and “Stony Hill� by Damian “Jr. Gong� Marley, reported Premium Times yesterday. If the album wins in its category at the 60th Grammy Awards, Timaya will be the first Nigerian-based act to win a Grammy. Wizkid and Kah-Lo failed to win at the Grammy Awards

in 2016, but Nigeria did not completely lose out. Cynthia Erivo, a singer and actress born in London to Nigerian immigrants, won a Grammy for Best Musical Theatre Album for the cast recording of the musical The Color Purple in 2016. The 60th edition of the Grammy Awards will air live from the Madison Square Gardens on January 28.

UN Allocates $13.4m to Support Humanitarian Assistance in N’East Alex Enumah in Abuja The United Nations, through the Nigeria Humanitarian Fund (NHF), has allocated $13.4 million to help thousands of persons in need of urgent humanitarian assistance in crisis-hit North-east Nigeria. The humanitarian emergency in the North-east is considered to be one of the most severe in the world today, with 8.5 million people in need of life-saving aid in 2017, in the worst-affected states of Borno, Adamawa and Yobe. According to a statement by the national information officer, UN Office for the Coordination of Humanitarian Affairs (OCHA), Abiodun Banire, “The Nigeria Humanitarian Fund (NHF) allocation will help address this devastating situation by

financing 24 projects in the sectors of protection, nutrition, water and sanitation, health, education, shelter and non-food items, rapid response and early recovery, targeting a total of 950,000 people.� He said in line with commitments made at the World Humanitarian Summit, five local responders were being supported through direct funding in this allocation. The statement noted that by empowering national partners, a more integrated and localised response will be possible, and their capacity will also be strengthened. “Humanitarian needs in North-east Nigeria are still vast. The United Nations and our partners, in support of the Government of Nigeria, are committed to assisting those

in need, especially in pivotal areas such as protection and health,� the statement quoted Edward Kallon, the humanitarian coordinator in Nigeria as saying. It added that the funds will be used to expand and improve sexual and reproductive health services for nearly 130,000 women and adolescent girls in areas of Borno, the epicentre of the crisis, and boost mental health services for vulnerable children, women and men. “Gender-based violence will also be addressed by providing more accessible medical care. In light of the recent cholera outbreak and to mitigate the risk of faecal contamination and poor hygiene, funds have also been allocated to improve the availability of safe water and sanitation for 125,000 people,� the statement added.

The NHF is one of 18 country-based pooled funds and was launched during the Oslo Humanitarian Conference on Nigeria and the Lake Chad region in February 2017. Managed by the UN Office for the Coordination of Humanitarian Affairs (OCHA), on behalf of the humanitarian coordinator, it plays a vital role in ensuring an effective, coordinated, prioritised and principled humanitarian response in Nigeria. To date the NHF has received $41 million in contributions and pledges, thanks to the generous support of Sweden, Germany, the Netherlands, Denmark, Belgium, Ireland, Norway, Switzerland, the Republic of Korea, Canada, Spain, Luxembourg, the Arab Gulf Programme for Development, Malta, Azerbaijan and Sri Lanka.

Timaya

I N L A N D M A R K R U L I N G , A’C O U RT SAYS E F C C L AC KS P O W E R S TO P R O S E C U T E J U D G E S Delivering judgment on the appeal filed by the judge, the appellate court held that the EFCC could only investigate or prosecute a judicial officer when such officer has been dismissed or retired by the National Judicial Council (NJC). Should the EFCC appeal yesterday’s ruling at the Supreme Court and it is upheld, the ruling by the Court of Appeal will have far-reaching implications for the war against corruption and would mean that all the alleged corruption cases instituted by the EFCC or any other law enforcement agency of government against other judges will collapse. The EFCC had arraigned Justice Nganjiwa before a Lagos State High Court for allegedly receiving a total of $260,000 and N8.65 million gratification to enrich himself as a public official. The anti-graft agency claimed that the judge received the money through his bank account between 2013 and 2015. The EFCC claimed that the judge could not explain the source of the funds, adding that he acted contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011. Justice Nganjiwa was also accused of giving false information to operatives of the EFCC, which the prosecution said amounted to an offence under Section 39(2) of the EFCC (Establishment) Act, 2014. The trial of the judge had commenced before the Lagos State High Court in Igbosere.

However, following an appeal by his lawyer, Chief Robert Clark (SAN), the Court of Appeal which anchored its decision on the principle of separation of powers between the three arms of government, ruled that serving judicial officers could only be prosecuted for offences like murder and stealing if such offences were committed outside the discharge of their official duties. Justice Obaseki Adejumo who delivered the lead judgment, said once the offence was allegedly committed in the discharge of their duties, they must first be tried by the NJC and dismissed or retired before the EFCC can investigate or prosecute them. He held that the condition precedent to the filing of charge number: LD/4769/2017 had not been fulfilled. The appellate court judge further held that the NJC must first strip or remove the appellant (judicial officer) of his judicial standing before he could be charged with such alleged offence allegedly committed in the course of discharge of his duties. He, therefore, submitted that the High Court of Lagos State lacked the jurisdiction to hear and determine the charge against the serving judicial officer. The Appeal Court accordingly set aside the trial of Justice Akinbode of the Lagos High Court and upheld the preliminary objection by the appellant in the court below.

But in a swift reaction, the EFCC said yesterday that it would appeal against the ruling of the Lagos Division of the Court of Appeal. In a statement signed last night by the EFCC spokesman, Wilson Uwujiaren, the commission said it considered the ruling a dangerous precedent that has no basis in law, adding that it was confident that the Supreme Court will upturn the judgment. “Criminal trials take precedence over administrative procedures and it is strange that the Court of Appeal wants to put the cart before the horse. This is ridiculous! “The appellate court simply wants to confer immunity on public officers from prosecution for corruption, it will not stand,� the EFCC added.

‘Looters of Recovered Assets Can’t be Charged’ In a related development, the federal government yesterday provided reasons why it had not filed charged against individuals from whom it had recovered purportedly stolen assets and money, saying it was based on the “strategic advice� it got from independent sources, anti-corruption committees and special panels it had set up for the recovery of the assets. It made the clarification at the celebration of the 2017 International Anti-corruption Day organised by the Interagency Task Team (IATT) in Abuja, saying that while it campaigned in the 2015

elections to take on corruption and rout it out of the country, it had initiated processes to achieve this and was making progress, but requires the support of all Nigerians to continue the anti-corruption war. Speaking at the event, Vice-President Yemi Osinbajo stated that within its plan to nip corruption in the bud, the government has been able to weed out 50,000 ghost workers from its payroll in the last two years, while the EFCC has charged 17 suspects to court for allegedly including ghost workers on the government’s payroll. Represented by his Special Adviser on the Rule of Law, Mr. Akingbolahan Adeniran, the vice-president explained that assets were recovered from people he claimed stole from the government during Goodluck Jonathan administration, but they had not been charged to court because it has been advised against it. “The administration has relied a lot on strategic advice, looking at the fight against corruption from a broad perspective, and basically relying on independent advice in order to move forward in fighting corruption. “It is focused a lot on prevention, and this is one aspect that a lot of people do not talk about so much. Then enforcement, this is the key aspect of the fight against corruption, there has to be accountability for those who

basically violate the law. “Then asset recovery is a key element in the fight against corruption. As regards assets recovery, where there has been no conviction, it is because of the strategic advice that we were given,� Osinbajo said. He explained that the government has approved a National Anti-corruption Strategy, with which it would engage all strata of the Nigerian society in the fight against corruption. The strategy document, he explained, has five thematic areas and appeals to the efforts of international communities in the fight against corruption. The vice-president further stated that the government had after the sack of the former Secretary to the Government of the Federation (SGF), Mr. Babachir Lawal, who was indicted for alleged corruption, referred him to law enforcement agencies in the country for further prosecution. Insisting that it had made tremendous progress in its anti-corruption war, Osinbajo stated that international agencies and countries had in the last two years shown a greater interest in helping Nigeria fight corruption and recover most of its monies that were allegedly stolen and kept in foreign accounts by past government officials. Also speaking at the event, the Minister of Solid Minerals Development, Dr. Kayode Fayemi, who doubles as the chairman of IATT, stated that

the government would continue to make it increasingly difficult for corrupt practices to thrive in all its businesses. Fayemi equally called on countries where financially corrupt Nigerians had stashed the monies they stole from the government to complement Nigeria’s efforts by depriving them of safe havens for their stolen wealth. He said: “We acknowledge the fact that we have huge corruption problems. We are also not relenting in our efforts to deal with the issues. We continue to see a quickening of efforts in enforcement and sanctions as well as innovative methods to prevent corruption. “However, there is still a lot to be done. For us to succeed in this fight, we must say no to impunity and eliminate the syndrome of sacred cows. “Our emphasis must be on tackling corruption from the root and closing the doors to illicit activities before they happen. This will preserve the integrity of our systems and save us valuable resources for sustainable development. “To demonstrate commitment as a people, there must be leadership by example. The highly placed must show example of following due process and avoiding impunity. “This will speak louder than all the words and public enlightenment campaigns. Our international friends must stop to offer safe havens to illicit financial proceeds, and once they do, they must work with us to recover them,� he stated.

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Carrington: Why Nigeria Not Part of G-20 Nations Says African giant can fulfill her potential

Gboyega Akinsanmi Former United States Ambassador to Nigeria, Walter Carrington, yesterday said abysmal economic performance and over-reliance on petrodollars formed the core reasons Nigeria had not been invited to join G-20, an international forum of the world’s largest advanced and emerging economies. For Nigeria to get out of the woods, however, Carrington suggested that the leadership of the country “ should direct more of its oil revenue to growth-enhancing sectors like agriculture, energy and infrastructure among others.� He expressed grave concerns over Nigeria’s poor economic performance at a public lecture he delivered at the Civic Centre, Victoria Island, Lagos, yesterday under the chairmanship of former Chairman of Punch Newspapers, Chief Ajibola Ogunsola. The lecture, which was titled: ‘Nigeria and Africa in a Changing World’, was organised by the Lagos State Office of Overseas Affairs and Investment. It was held alongside the public presentation of a book: ‘Defend the Defenseless’ which his wife, Dr. Arese Carrington just published. At the lecture, Carrington said although its economy “is the 20th largest in the world and is expected to rise to ninth by 2050, Nigeria has not been invited to the G-20, which represents the world’s most advanced economies. “South Africa, whose economy, is smaller and is not expected to grow as dramatically as Nigeria’s is however, a member. I

continue to wonder whether the continuing domination of South Africa’s economy by her white minority gives Western countries a comfort level that they do not feel when dealing with black controlled economies in the rest of Africa. “Some 15 years ago, four of the world’s major emerging economies namely, Brazil, Russia, India and China, came together in a group that became known by the acronym BRIC. “In 2010, seeking an African member, they chose South Africa which became the S in the newly named BRICS. I look forward to the day when Nigeria becomes the N in a renamed group of 6 which will be known as the BRINCS.� He expressed optimism that Nigeria could realise its potential in the new world by taking full advantage of its population boom and creating an enabling environment for youths to be productive. He explained that Cote D’Ivoire and Senegal had impressive growth rates than Nigeria last year due to their less reliance on oil. He said Nigeria must diversify its sources of export earnings and focus on agriculture, energy and infrastructure. Carrington noted that Nigeria “continues to be frozen out of membership of confederation of nations which are thought to be the most important in the world. South Africa enjoys more respect internationally than Nigeria despite its size and resources. “Nigeria’s growth rate last year slowed to an anemic 1.6 per cent. He said the weak performance, according to a United Nations report, was a fallout of depressed oil prices, falling oil production,

Boko Haram Threat: Luxury Bus Owners Advise Operators to Be Security Conscious Ahead of the Christmas and New Year celebrations, and based on the security alert by the United States Embassy and the United Kingdom, the Luxury Bus Owners Association of Nigeria has advised the bus operators to maintain high level of security consciousness during and after the yuletide, especially in Abuja and other states. In a statement by the President of the association, Emeka Mamah, the association also advised bus passengers to remain vigilant and cooperate with the various bus companies towards ensuring the safety of lives and properties at the various motor parks. The association advised bus passengers to report any suspicious movements or characters to the law

enforcement agencies. He said the association will liaise with the Nigerian Police and various security agencies to ensure the protection of lives and properties, and reassured all bus travellers that their comfort and safety remained the association’s top priority. The association appealed to the Lagos State government to revisit the policy of relocating luxury bus companies from their loading points. According to the association, the affected companies had built their Jibowu loading points from bank loans, and the policy of clustering them in a particular place will not only hurt their businesses but jeopardise the repayment of the bank loans.

energy shortages and price hikes, scarcity of foreign exchange and depressed consumer demand.� He, however, said Cote D’Ivoire posted an impressive growth rate of eight per cent, while Senegal grew by 6.3 per cent, noting that even with

power shortages and bad agricultural weather, these two Francophone countries were able to outshine Nigeria by far. The former ambassador said: “Falling oil prices in 2016 underscored the necessity for oil revenue dependent economies

like Nigeria’s, to diversify their sources of export earnings. If the signs that oil prices may recover prove to be accurate, it is incumbent upon countries like Nigeria to direct more of that revenue to growth-enhancing sectors like agriculture, energy

and infrastructure.� Carrington said there “has been a raft of optimistic predictions for Nigeria’s future partly because of the feeling that Nigeria, under its current leadership, is on the verge of turning around.�

SEARCHING FOR SOLUTION TO HERDSMEN CONFLICTS

L-R: Lamido of Adamawa, Muhammdu Barkindo; Vice President Yemi Osinbajo; Emir of Kano, Muhammadu Sanusi II; and Alhaji Ahmed Joda, during the vice president’s meeting with traditional rulers and other community leaders at the Presidential Villa in Abuja.... yesterday ˛

Dogara Laments Parliament’s Inability to Unseat President, Vice Says weak legislature bad for democracy James Emejo Ă“Ă˜ ĂŒĂ&#x;ÔË

and consolidation of the country’s hard won democracy, that the The Speaker of the House of National Assembly, through Representatives, Hon. Yakubu various legislative measures, Dogara, yesterday bemoaned the intervened to specifically constitutional provisions which strengthen the legislative currently made it impossible institution in order to position to remove a president or it to play its prominent role in vice-president through simple the constitutional democracy. procedure. Speaking on ‘Deepening Specifically, he lamented a Democracy: Role of the development where he had Legislature,’ at the 3rd Public sponsored a bill which sought Lecture series of Nasarawa State to simplify procedures for University, Keffi, the speaker, impeachment of the president however, noted that the Nigerian and vice-president during the parliament’s contribution to seventh assembly but only for the deepening democracy through legislation to be defeated during its various functions had helped the constitution amendment to stabilise democratic structures. exercise. He said the National Assembly Dogara decried the provisions has contributed a lot in stabilising of Section 143 of the 1999 and deepening the country’s Constitution which according to constitutional democracy through him makes it impossible for the strengthening of due process and National Assembly to remove the rule of law. the president or vice president, The speaker maintained that describing it as “satanic versus�. democracy cannot thrive without Noting that democracy citizens’ active participation as it highlights a government of laws is the responsibility of the people and not of men, he argued that to protect democracy and hold with the provisions of Section leaders accountable. 143 in place presidents could According to him, “The choose not to obey the law as legislature in Nigeria has they could “choose the laws to contributed immensely in obey without any retribution�. deepening the practice of He said it was in view of the constitutional democracy fact that a weak legislature is in Nigeria, especially since antithetical to good governance the introduction of the 1999

Constitution, in its various functions. If democracy rests on the due process and the rule of law, it therefore means that our democracy can only be as deep as the laws upon which it is built.� The speaker also noted that the eighth House of Representatives under his leadership has made outstanding contributions to deepening democracy through the faithful implementation of its legislative agenda, which serves as a compass of its legislative activities for four years (2015 to 2019) to deepen democracy. He added that the eighth assembly achieved this by providing leadership in the areas of accountable and transparent government, citizens engagement, constituency representation, collaboration with its counterpart in the Senate and other arms of government to legislate for the common good of the Nigerian people, legislation to create reforms in Nigeria’s national economy and development, tackle poverty, unemployment, confront the scourge of corruption, terrorism and security challenges in the country, environment and reduction in the cost of running government, reduce wastage and tackle national

revenue leakages. He said the House has committed to playing its part in rescuing Nigeria from the clutches of hunger, poverty, disease, social, economic, political and infrastructural quagmire and ensuring transparency and accountability, not just by the House of Representatives but also by government at all levels. He said: “Even the most casual observer of Nigeria’s democracy in the last three electoral cycles would admit that despite perceived gaps in the exercise of its oversight mandate, the legislature at the national level has achieved a modicum of institutional growth. At the national level, the legislature is increasingly becoming more assertive in the process of law making.� “The National Assembly amended the Constitution in 2010 that placed it on the first line charge, thereby ensuring its relative financial and administrative autonomy. “Furthermore, the National Assembly set up the National Institute of Legislative Studies to provide crucial capacity enhancement for legislators, legislative staff and the institution as a whole.�

TUESDAY, DECEMBER 12, 2017˾ T H I S D AY

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NEWS

Oando Appeals SEC Suspension Davidson Iriekpen Oando Plc has headed for the Court of Appeal in its bid to lift the technical suspension imposed on its shares on the floor of the Nigerian stock market by the Securities and Exchange Commission (SEC). The oil company had earlier approached the Federal High Court in Lagos to challenge SEC’s suspension of its shares and an audit of its business activities by forensic experts hired by the commission. Though Justice Rilwan Aikawa of the lower court had earlier granted an interim injunction restraining SEC from carrying out the audit, the same judge, in a ruling on November 23, 2017, struck out Oando’s suit, saying he had no jurisdiction to entertain it. The judge said the appropriate forum to ventilate the issue was the Investment and Securities Tribunal. But dissatisfied with the decision, Oando, through its lawyer, Mr. Seyi Sowemimo (SAN), went before the Court of Appeal seeking the reversal of Justice Aikawa’s ruling. Sowemimo insisted that the Federal High Court rather than the IST was the appropriate forum to hear the case. He said the judge erred in law to decline jurisdiction because “the suit touched and concerned the operation of a company incorporated under the Companies and Allied Matters Act.” According to him, by virtue of Section 251(i)(e) of the constitution, the Federal High Court is empowered to entertain CAMA-related cases. He is therefore urging the Court of Appeal to make an

order “reversing the (Justice Aikawa’s) order striking out the suit and restoring the matter to the cause list of the Federal High Court for accelerated hearing.” At yesterday’s proceedings before Justice Aikawa, Sowemimo informed the judge about the appeal and urged the judge to make an order “preserving the res (the issue in contention) to prevent the appeal from being rendered nugatory.” But counsel for SEC and the Nigerian Stock Exchange (NSE), which was joined as the second defendant, Chief Anthony Idigbe (SAN), opposed Sowemimo’s application for the preservation of res. Idigbe argued that the issues canvassed by Oando in its appeal “are not substantial in law.” He insisted that it was in the best interest of investors, shareholders and members of the public that SEC placed Oando’s shares under technical suspension. SEC counsel said the technical suspension was to prevent panic and dumping of Oando’s shares by investors and members of the public. Idigbe added that the technical suspension was temporary and was imposed to allow for an independent forensic audit of Oando’s business activities. He said there was no point for Justice Aikawa to make an order preserving the res because “the suspension of the trading of the plaintiff’s shares in the Nigerian Stock Exchange has already been completed. “The forensic examination of the plaintiff’s business activities has already commenced and the parties are waiting for the report of the said investigation.

Transport Ministry Records 16% Implementation in 2017 Budget Damilola Oyedele ÓØ ÌßÔË The Minister of Transportation, Mr. Rotimi Amaechi, has disclosed that the ministry recorded 17 per cent implementation of its capital component in the 2017 budget. Speaking when be appeared before the Senate Committee on Land Transport yesterday to defend his ministry’s 2018 budget proposal, Amaechi said 10.8 per cent of the N192 billion appropriated for the ministry in 2017, has been expended. “The total capital appropriation for the ministry for 2017 is N192,895,507,321 out of which N31,932,659,318.65 (16.55 per cent) was released to the ministry. The sum of N20,826,771,137.45 has so far been expended as at November, this year,” he said. Amaechi further explained that the sum of N528.8 million was appropriated for overhead expenditure, out of which N230.5 million (43.6 percent) was released while N180,514,659.21 (34.1 per cent) has so far been expended as at November, 2017. The minister said the

32-year-old Itakpe-AjaokutaWarri-Aladja railway project, is being proposed for completion in the 2018 budget. This, he said, was in addition to the inclusion of the Nigerian coastal rail line Lagos-Calabar project. He told the committee that counterpart funding would be required for the Ibadan-Kano railway project. “We sought and got the president’s approval to source for financiers for various rail projects for development. Negotiations are ongoing and we may need some contribution depending on the discussions,” he said. Amaechi said the Nigerian Institute of Transport Technology (NITT), Zaria, is determined to increase its research base and infrastructure, to improve on capacity building. “To this end, the institute is planning to acquire state-ofthe-art equipment and establish outreach learning centres in four geopolitical zones of the country. It is expected that the institute will eventually be upgraded to Transport Technology University that will serve not only Nigeria, but the rest of West Africa,” the minister said.

“The temporary suspension of trading of the shares is not a punitive action against the plaintiff but a device to protect the shares of the plaintiff from

further decline because of the investigation. “The undertaking of the forensic examination of the plaintiff by independent

experts will not prevent a return to status quo if the appeal succeeds,” Idigbe added. Sowemimo prayed for time

to file a reply to Idigbe’s counter-affidavit. Justice Aikawa adjourned further proceedings in the case till December 13.

TRANSPARENCY AGENTS

L-R: Executive Secretary, Nigeria Extractive Industry Transparency Initiative (NEITI) , Waziri Adio; Representative of the Director General, Bureau of Public Procurement, Mr. Babatunde Kuye; Minister of Solid Minerals Development, Dr. Kayode Fayemi, during the commemoration of the International Day on Anti-Corruption in Abuja….yesterday

NB Appoints New MD, Announces Changes in Management Team Honours 65 workers in Enugu Christopher Isiguzo ÓØ Enugu Nigerian Breweries Plc has announced the appointment of Mr. Jordi Borrut Bel as the company’s Managing Director/CEO. The appointment takes effect on January 22, 2018. Borrut Bel will succeed Mr. Johan Doyer who has served as Managing Director/CEO on an interim basis since June 16, 2017. The Board of Directors of the comapany has informed the Nigerian Stock Exchange of the appointment. Borrut Bel is currently the Managing Director of Heineken’s subsidiary in Burundi, Brarudi S.A. and a board member of Bralirwa Limited, Rwanda, also a Heineken subsidiary in Rwanda. Borrut Bel joined Heineken Spain in 1997 as Sales Representative and subsequently held increasingly senior management positions in different countries, first as Distribution Project Manager in Slovakia, Brand Manager in France and Trade Marketing Manager at the Head Office in The Netherlands. In 2006, he returned to Heineken Spain where he evolved in the organisation and eventually became the On-Premise and Distribution Director and a member of the management feam. Borrut Bel was appointed

the Managing Director of Brarudi S.A. in 2015 and has successfully led the company through a very turbulent period, strengthening the company’s route-to-market and launching successful innovations. The board is confident that Borrut Bel’s track record and broad experience stand him in a very good position to drive Nigerian Breweries Plc strategy and consolidate its leadership position in the Nigerian market. In a related development, the company has also announced the resignations of Mr. Victor Famuyibo, Human Resource Director, and Mr. Hubert Eze, Sales Director from the board with effect from January 27, 2018, and January 31, 2018, respectively. While Famuyibo’s resignation follows from his attaining the company’s mandatory retirement age of 60 years, Eze’s resignation is preparatory to his taking up a higher role in the Heineken organisation. The exchange was further notified that Mrs. Grace Omo-Lamai and Mr. Uche Unigwe have been appointed as part of the management team of the company in the positions of Human Resource Director and Sales Director respectively. Mrs. Omo-Lamai joined the company on October 23,

2017, from Nigerian Bottling Company Limited, where she was the Director of Human Resources. Unigwe, on the other hand, joined the company in 1989 as a Trainee Brewer. He is currently the General Manager, Heineken East Africa, based in Nairobi. He resumes in his role as Sales Director on January 15, 2018. Meanwhile, the company yesterday honoured at least 65 of its staff with long service awards. This was as the Enugu State government reaffirmed its readiness to create conducive environment for business activities to thrive. Speaking at the event marking the award presentations at Ama Plant of the Brewery in Enugu, the Brewery Manager, Peter Ani, said the awards were for those who diligently gave long period of service to the beverage company. The company said the long service award was to celebrate qualified employees of various categories and appreciate their dedication and loyalty. Ani said it was a ritual for the company to celebrate their deserving management and non employees as a confirmation of their commitment to performance, dedication and excellence. He noted that the most important resource in any organisation was its

employees, without such there would be corporate failure. He said that the 65 deserving employees have served the company for 10, 15, 20, 25 and 30 years, who collectively contributed a total of 905 service years to the progress of the company. Ani said: “The long service award ceremony is a demonstration of our company’s appreciation for the individual and collective contributions of the distinguished recipients to the larger success for which the company is well identified.” He added that it was the contributions of the celebrants and other employees that have continued to make Nigerian Breweries the leading beverage company in Nigeria today. He assured the recipients that their committed contributions were a source of pride to the company which should as well be a source of pride to their families. Also speaking, Deputy Governor of Enugu State, Mrs. Cecilia Ezeilo, expressed delight at the essence of the event noting that such awards could serve as motivation to spur the workers to be more committed. She said the state government would not shy away from its responsibility of providing conducive environment to enable businesses to thrive and described NB Plc as a worthy partner in the state.

T H I S D AY TUESDAY DECEMBER 12 2017

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T H I S D AY TUESDAY DECEMBER 12 2017

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COMMENT

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

FINANCING HEALTH SERVICES IN NIGERIA

Isaac Adewole, Olusoji Adeyi and Rachid Benmessaoud argue that the country needs to invest more in the health of the citizens

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s Nigeria joins the rest of the world to mark Universal Health Coverage day we argue that investments in health are powerful drivers of economic growth and overall development. Ensuring a healthy workforce for today and the future amounts to investments in human capital, on a par with investments in the infrastructure for power generation, transport, and telecommunications. The Government of Nigeria has committed itself to ensuring universal health coverage for all citizens, and fulfiling that goal requires a commensurate investment of Nigeria’s own domestic resources. We reflect on this challenge and opportunities for improvement. Nigeria currently under-invests in the health of its citizens, and it underperforms in health financing when compared to other LowerMiddle-Income Countries (LMICs) and countries in the Upper-MiddleIncome (UMIC) Group, to which Nigeria aspires. Although the country has made efforts to increase federal allocations to the health sector, with improved budgetary allocations from 2014 to 2017, health sector allocation as a percentage of the total federal budget has decreased. In 2014, N264 billion (5.63%), N260 billion in 2015 (5.78%), N257 billion in 2016 (4.23%), and N340 billion in 2017 (4.15%) were budgeted. These are nominal amounts; when adjusted for inflation, the purchasing power of the health budget has declined even further. The proposed budget for 2018 is N340 billion (3.95% of the total). These data are from the annual appropriation bill from the Budget Office of the Federation, and they reflect only the allocations to the FMOH. A report published in 2017 by the Global Burden of Disease Health Financing Network provides several points of reference for comparison. First, public health spending as a share of total health spending in Nigeria is low at 22%, compared to 36% for LMICs and 57% for UMICs. Second, private out-of-pocket spending in Nigeria is about 70% of the total, compared to 58% and 34% in LMICs and UMICs, respectively. It should be noted that private out-of-pocket spending at the point of service delivery is undesirable because it causes financial distress, especially for the poor. It can tip households into poverty or deepen existing poverty. Most Nigerians cannot comfortably pay these fees at the point of service delivery. Third, pre-paid private spending (such as health insurance premiums) as a share of total health spending is just 0.8% of the total, compared to 3.1% and 8.7% in LMICs and UMICs, respectively. Fourth, development assistance accounts for 7% of total health spending in Nigeria, compared to 3% and 0.3% in LMICs and UMICs, respectively. Finally, total health spending in Nigeria, estimated at U$$225 in 2014, was only 3.7% of Gross Domestic Product; this was less than the 5.9% for sub-Saharan Africa. Increasing the fiscal space for primary health care delivery is important to addressing the poor health outcomes in Nigeria, and the calls for additional resources for primary health care are well founded. Currently, a vast proportion of illnesses afflicting Nigerians are readily treatable in primary care centres and first-level hospitals. The current expenditure pattern is thus out of alignment with the needs of the population hence our commitment to re-draw the balance in favour of preventive care. Secondly, external financing continues to take the place of government spending on the most basic goods and services, such as vaccines for childhood immunisation, and the prevention and treatment of common illnesses such as malaria. The country goes through cycles of alarm when problems emerge in such basic services, followed by the mobilisation of external financing, then a lull that is characterised by complacency in the domestic budgets for health. The reality is that Nigeria is overly dependent on external financing and goodwill for some of the most basic and essential primary health services. The past five decades have seen numerous health policies and development plans in Nigeria, culminating in the National Health Act of 2014. The act provides for a range of responsibilities, instruments,

PRIVATE OUT-OF-POCKET SPENDING AT THE POINT OF SERVICE DELIVERY IS UNDESIRABLE BECAUSE IT CAUSES FINANCIAL DISTRESS, ESPECIALLY FOR THE POOR. IT CAN TIP HOUSEHOLDS INTO POVERTY OR DEEPEN EXISTING POVERTY

and institutions, covering but not limited to: responsibility for health, eligibility for health services, and establishment of a national health system; financing; health establishments and technologies; rights and obligations of patients and healthcare personnel; national health research and information system; human resources for health; control of blood products, tissue and gametes in humans; and regulations and miscellaneous provisions. The Ministry has so far inaugurated the committees to drive the implementation of the different sections of the act and measurable progress has been made in this regard. In this note, we are primarily concerned with potentially the most consequential provision of the act: translating from paper to reality the provisions of the National Health Act of 2014, central to which is the establishment of the Basic Health Care Provision Fund to be funded from a federal government annual grant of not less than one per cent of its consolidated revenue fund, grants by international donor partners, and funds from other sources. Doing so would make it possible for the country to truly take financial responsibility for basic health services for its citizens, get a credible grip on progress towards universal health coverage, with attention to sustainable financing from domestic sources, and effective support for local governments through primary health care. Adequate financing of primary health services would have additional benefits by ensuring that medium-term expenditure frameworks align with public policy priorities, and better align development assistance with domestic planning and financing cycles. There are grounds to expect improvements in health financing in Nigeria, as both the executive and legislative branches of the federal government are now attending to the challenges. We note some key considerations to inform successful policy choices. First, most countries have multiple revenue sources for their health services, such as general revenues (i.e., from the regular government budget); various forms of premium-based health insurance (social health insurance, voluntary private insurance, and community-based health insurance); out-of-pocket payments at the point of service delivery (which have severe disadvantages as noted earlier); and external financing. Nigeria will evolve its own combination of these sources. Second, when formulating a pluralistic approach to health financing, it is essential to keep in mind the need to fund essential health services, especially for the poorer segments of the population. Third, it is important to ensure institutional capacities to manage the complexities of health insurance systems, including but not limited to the following: the cost of collecting premiums relative to premiums collected; the administrative challenge of insuring a workforce that is largely informal and therefore, unsuitable for easy collection of premiums; the risk that governments end up subsidising premiums for the middle class without adequate general revenues to ensure services for the poor; efficiency of health expenditures; and the separation of the institutional purchasers of health services from the providers of health services. Finally, it is essential to make better regulated and accountable use of the Nigerian private sector for supply chain management, distribution, and dispensing of prescribed medicines and supplies. A better future is possible, starting with financing the basics from the country’s own domestic budgets. With this in mind, the country will begin implementing the Basic Healthcare Provision Fund in three states (Abia, Niger, and Osun) in 2018, with financing from the World Bank and the Global Financing Facility supported by partners such as Gates Foundation. However, the fundamental requirements for success are to commit Nigeria’s own domestic budgets to the Basic Healthcare Provision Fund, and to do so on a nationwide scale. Therein lies the path to self-sufficiency and the sustainable financing of Universal Health Coverage. Adewole is Nigeria’s Minister of Health; Adeyi is Director, Health, Nutrition, and Population Global Practice, World Bank while Benmessaoud is World Bank Country Director for Nigeria

IMO AND A TALE OF HAPPINESS The newly created Ministry of Happiness is a path to penury, contends Olusola Adeyoose

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hen President Muhammadu Buhari implored governors to pay salary arrears so that workers can have a joyous celebration at Christmas, the Chairman of so-called Progressive Governors Forum, Mr. Rochas Anayo Okorocha was the first to predicate that wish on a condition - that payment of arrears will be dependent on the president’s disbursement of the 50 per cent Paris Club loan refund. Few days later however, Okorocha who was reluctant to pay workers due to supposedly scarce resources, had no inhibition in establishing an extraneous ministry and appointing 30 new state commissioners. In his interview with Daily Independent Newspapers in 2016 Mr. Rochas had retorted, “I don’t need more than 200 workers in the civil service of Imo State but I need more than 100,000 in the agricultural sector of the state. It’s like if this nation makes $1 trillion every day and ends up paying salaries with it, there still will be no progress. Unless we address those basic issues and get people to work in the productive sector of the economy, we cannot make any headway. If I have 70 per cent of money that comes to the state for capital expenditure, Imo State

would look like London in the next five years. Public service is not welfarism, unless we are having a welfare state, where people can sit down and expect money. We have what is called governance by investment and not people sitting down and collecting money because that money they collect does not aid production.� But in what appears to be a thick web of contradictions a year later, Okorocha attempts to further increase the personnel and overhead costs of governance, by creating a new ministry and making fancy duplicates of conventional ones. The Ministry of Education was divided into the Ministry of Primary & Secondary Education, and Ministry of Tertiary Education. Even Youth and Sports were divided into separate ministries amidst other high-sounding nomenclatures like the Ministry of Special Duties, Ministry of Public utilities, Ministry of Public Safety and Ministry of Inter-Government Affairs & Donor Agencies. Yet this aberration is perpetrated without minding the average monthly recurrent expenditure of about N4.48 billion while total monthly revenue averages only about N3.41billion, according to the BudgIT 2017 State of States Report. Okorocha’s appetite for the unsavoury is not new. It just wasn’t in the limelight until recently. Six years ago, Mr. Governor announced the appointment of

some 70 advisers and few weeks back he unveiled the statue of South African President, Jacob Zuma - a man who due to allegations of corruption, is ill regarded in his own country, and under whose leadership, dozens of Nigerians have been murdered. But despite a rising debt profile, the leadership of Imo State continues to spend on irrelevant items incapable of bringing meaningful development to the people. In all of these, Mr. Rochas has been all over the media providing dim justifications for the indefensible. We are told it’s within the constitutional power of a governor to create state ministries as he deems fit, and that ensuring happiness and purpose fulfilment is the primary essence of a government. This allusion to the 1999 Constitution that makes an emperor of a state governor by empowering him to create ministries as he pleases is not only repressive, it further lends urgency to the need to abandon that redundant and ineffective piece of parchment for a genuine constitution. We nevertheless await explanation on how the creation of the Ministry of Happiness and Purpose Fulfilment will translate to provision of jobs for the thousands of unemployed youths in Imo. We await explanation on how the creation of the Ministry of Happiness and Purpose Fulfilment

will help reduce the number of children that die from preventable diseases like diarrhoea, pneumonia and malaria in Imo State. We await explanation on how the creation of the Ministry of Happiness and Purpose Fulfilment will help convert Imo’s deposits of limestone, clay, calcium carbonate, and lead to wealth. We will equally like to know if the governor indeed believes people can be happy when they are denied their salaries and when they lack access to the basic amenities of life. If Mr. Governor is tolerant of criticism as he claims, then the people of Imo deserve a cost-benefit analysis of his recent appointments, since he claims he acted in their best interest. The only rational assumption as it stands is that these appointments are to compensate his family members, political associates and friends, possibly in view of his political succession come 2019. The governor’s theatrical display of comedy no doubt helps provide succour. It occasionally distracts the people of Imo from their sufferings, and on that note we are grateful. But that is palliative. True happiness will only come when the state is rid of the likes of Okorocha and his committee of jesters who continually make mockery of governance and assault the sensibilities of the people. adeyoosesola@yahoo.com

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EDITORIAL STILL ON THE NGO REGULATION BILL The NGOs do not need new rules to govern them

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espite opposition from practically all critical stakeholders, the House of Representatives will tomorrow begin a public hearing on the controversial “NGO Regulation Billâ€?, sponsored by Deputy Majority Leader, Hon. Buba Jibril. It seeks to provide for the establishment of a Non-Governmental Organisation Regulatory Commission for the supervision, coordination and monitoring of these organisations in Nigeria. By virtue of their registration under the Companies and Allied Matters Act 1990 (CAMA) Non-Governmental Organisations (NGOs) and Civil Society Organisations (CSOs) in Nigeria already possess sufďŹ cient independence and legitimacy recognised by law. The CAMA has provided for the means of regulating, supervising, coordinating and monitoring the NGOs and CSOs in Nigeria, so what the House of Representatives is doing is completely superuous. Therefore, NGOs and CSOs do not need to register with any NGO regulatory Commission in order to acquire a new legitimacy to operate in Nigeria. As we stated in THE BILL VIOLATES THE a recent editorial, GUARANTEES OF FREEDOM going by the letter and spirit of the bill, it OF THOUGHT, OPINION constitutes a deliberAND EXPRESSION, AND FREEDOM OF ASSOCIATION, ate violation of the guarantees of freedom AS CONTAINED BOTH of thought, opinion IN NIGERIA’S 1999 and expression, and CONSTITUTION (AS freedom of associaAMENDED) AND IN tion, as contained both INTERNATIONAL LAW in Nigeria’s 1999 TO WHICH NIGERIA IS A Constitution (as SIGNATORY amended) and in international law to which Nigeria is a signatory. While we subscribe to the view that NGOs cannot be above the law, it is also a fact that there is already a strong body of laws regulating them in Nigeria. But what the proposed legislation seeks to do is to destroy the rights already guaranteed in our constitution. Indeed, there are fears that it could be an instrument for dictatorship, especially when the bill intends to militarise the civic space and make

Letters to the Editor

it impossible for anyone who harbours views different from that of the government to organise with legal protection around those views. Recognised by the United Nations (UN) to which Nigeria is a member, a non-governmental organisation is a non-proďŹ t, voluntary citizens’ group that is task-oriented and motivated by people with a mutual interest. They carry out a multiplicity of services and humanitarian functions, like bringing citizen concerns to governments, advocating and monitoring policies and encouraging political participation through provision of information. It is therefore very clear that such organisations cannot be subjected to the control of a board of government appointees.

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n so many countries, NGOs have been seen as important contributors to the process of implementing policy and delivering service as major providers of public information, education, motivation and engagement on national and international issues. In Nigeria, many of them, both local and international, are playing critical roles in on-going reconstruction work in the areas affected by Boko Haram. The combination of independence from government and collaboration with the media and civil society and decision makers ensures NGOs to be very much effective to achieve developmental goals. NGOs also help to broaden knowledge by translating scientiďŹ c and technical information into terms understandable to decision makers, the media and the public, and into speciďŹ c recommendations for new or amended laws. They also do advocacy. Therefore, we share the view that the NGO Regulation Bill is the latest among measures that seem designed to coerce the civic space and destroy dissenting voices. It is against the dictates of democracy. We hold strongly that any bill that will governmentalise NGOs and suffocate them with exponential bureaucratisation – at a time when ofďŹ cial government policy is to ease transaction costs for small entities must not be allowed in the country. This bill does more than merely seek to stie free speech, freedom of association and freedom of assembly. It will kill the incredible network of voluntary organisations holding the nation together. At a time of lean resources, the bill also seeks to create another meaningless agency that will add to the already bloated government overheads. We therefore urge all stakeholders in the national democratic project to work collectively to ensure that this bill does not see the light of day.

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.

UGWUANYI’S CHRISTMAS BONUS FOR WORKERS

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few days ago, the administration of Gov. Ifeanyi Ugwuanyi of Enugu State in its magnanimity approved a 13th month salary for the civil servants of the state as Christmas bonus, to assist them celebrate the festive season with ease. The good news about the package is that the state workers will receive their basic salary, double, this month of December, an unprecedented feat that beats the imagination of many, who wonder how the governor does the magic, considering the severe economic challenges being encountered today in a country, where many states are unable to pay workers’ salaries, not to talk of executing capital projects. In Enugu State, Gov. Ugwuanyi is paying workers’ salaries regularly; executing numerous capital projects across the state; awarding multiple contracts for more development projects, and in his magnanimity, still deemed it necessary to pay workers of the state a 13th month salary as Christmas bonus. Also worthy of note is the fact that the bonus, which has the approval of the Enugu State Executive Council, was freely given to the workers without them asking or agitating for it. Kudos must, therefore, go to “The Most Labour-friendly Governor in the History of Enugu State�, for such a brave and timely gesture, which has received a lot of applause from not only the workers themselves but also from all segments of the society. In spite of the nation’s harsh economic climate and the fact that

Enugu State is third from the bottom of the federal allocation chart, Gov. Ugwuanyi has remained undaunted and up-to-date in the payment of workers’ salaries and retirees’ pensions, which is one of the cardinal objectives of his administration. Interestingly, the 13th month salary bonus reaffirms and re-echoes the recent verdict by the National Union of Local Government Employees (NULGE), which listed Enugu as one of the few states in the country that is “up-to-date in payment of workers’ salaries and pensions�. A recent media report stated that “according to the National Union of Local Government Employees (NULGE), 23 states of the federation currently owed workers arrears of salaries ranging from one to 24 months, adding that “only states like Lagos, Anambra, Enugu, Bauchi, among others are said to be up-to-date in payment of salaries and pensions.� The verdict, no doubt, demonstrated Gov. Ugwuanyi’s commitment to workers’ welfare and his ingenuity as well as passion for the common good of the people of the state. The governor as an economist and a financial expert strongly believes that the economy of Enugu as a civil service state can only be reactivated to alleviate the sufferings of the people of the state, when workers’ salaries are paid regularly. This captivating vision has remained one of the guiding principles of his administration to “deploy government services to create fair and equal opportunity for every willing citizen to make a living and create

wealth, educate our children, and enjoy life in a peaceful and secure environment�. It would be recalled that Gov. Ugwuanyi in his inaugural address, promised to lead a lean government to free up resources and channel them to the real development issues. He stated that his administration will look inwards and harness those potentialities which free oil money has blinded the country from exploiting. The governor promised to reward the electorate “who defied rain and sunshine to ensure that their votes counted� and indeed the entire people of the state (who he describes as “the true heroes of democracy), with good governance. He also pledged that his administration “must match our faith with the right decisions and good work�. Gov. Ugwuanyi declared his firm belief in the miracle of five loaves and two fish to feed the people of Enugu State, believing that God will give his administration the wisdom and courage to successfully navigate the state through the current economic crunch, among others. Today, one is delighted to note that in less than three years into his administration, these promises centered on the wellbeing of the people are being realised. As Gov. Ugwuanyi continues to spread good governance in all strata of the economy, it is the responsibility of the public to encourage and support his peace and good governance initiatives, aimed at impacting positively on the lives of the people of the state, for truly; Enugu State is in the hands of God. Louis Amoke, Enugu, Enugu State

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T H I S D AY ˾ TUESDAY, DECEMBER 5, 2017

POLITICS

PDPConvention:TheWinnersandLosers After every contest, winners and losers must emerge. Olawale Olaleye identifies those who won and lost at last Saturday’s National Convention of the Peoples Democratic Party

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ven when the standard expectation is that a winner and a loser must emerge in any contest, Nigeria’s politicians hardly go to an election, thinking the tide might swing against them. Everyone seeking an elective office in Nigeria always does so with one thing at the back of his mind: to win. This is why every contest, is followed by barrage of litigations. Maybe at the party level, it might be minimal. But it is also evident from some of the pre-election developments that the outcome of last Saturday’s convention might have left the partly divided as some remain unhappy amidst the jubilation of others. Whilst it is expected that the new leadership will kick-off by first taking up the assignment to reconcile the aggrieved parties, here are some of the winners and losers below: The Winners… Goodluck Jonathan Former President Goodluck Jonathan led the PDP to electoral defeat in 2015 after 16 years of holding down power at the centre. He had since lived with the guilt of causing his party and its members a terrible heartbreak, compounded by the leadership crisis that broke out shortly after. But he had also made conscious effort to reconcile the party members amid differing interests. Thus, with this phase done and over with, 2019 is the next focus for Jonathan, who is now leading the campaign of against the APC. He is a winner. Ahmed Makarfi Leader of the National Caretaker Committee of PDP, Senator Ahmed Makarfi, assumed leadership position at a most difficult time, when the leadership crisis in the party was at its peak. He however weathered the storm

are both winners. Fayose is though believed to have traded off the chances of the Southwest because he looks forward to becoming a presidential running mate to whoever picks the party’s ticket; he is still a winner as his candidate has emerged. Uche Secondus The new National Chairman of the PDP, Uche Secondus is the ultimate winner. Rising from being deputy national chairman of the party to becoming the acting national chair, who took over from Adamu Muazu, who was forced to resign, Secondus has waltzed his way to the very top of contemporary party politics in the PDP. He won in a landslide. Kashamu

and stood like the Rock of Gibraltar behind the party until his faction of the PDP won at the Supreme Court against Ali Modu Sheriff. He also led the party to a successful convention. He is a happy winner by all standards. Nyesom Wike The Governor of Rivers State, Nyesom Wike has remained a recurring decimal since the party lost in 2015. The idea of bringing Ali Modu Sheriff, who shook and unsettled the party for over a year, was his. And yet, either by accident or design, he has successfully installed the new chairman. He is a major winner, because he literally has PDP in his pocket now with Uche Secondus as national chairman. Ayodele Fayose Like Siamese twins, Ekiti State Governor, Ayodele Fayose has consistently tagged along with Wike in the recent trajectory of the party. They both brought in Sheriff and they are both together on the Secondus assignment. Therefore, they

South-south, South-east The South-east and the South-south regions, which gave-in to the Secondus chairmanship bid pressure at the last minute, are winners because their gamble has paid off. They had delayed which direction to go for some obvious intrigues that had heightened at the last minute. It was not a bad decision after all. Atiku Abubakar One of the latest entrants into the PDP and presidential hopeful, Alhaji Atiku Abubakar is yet another winner at the PDP convention. Although there had been speculations that he was an ally of Professor Tunde Adeniran, one of the chairmanship hopefuls from South-west, the fact that Atiku is keen about the overall well-being of the PDP and the future of the country makes him an undisputed winner. Old PDP Members In all, the biggest winners at the PDP national convention are the old members, who believed in the ideals of the party, the dreams of the

founding fathers and resolved to withstand the sufferings that came along with leadership crisis which lasted over a year. They are the real winners. The Losers… South-west and Its Candidates The South-west geo-political zone lost big time in the just concluded PDP national convention as it failed to have the seat exclusively zoned to it. Whilst the party’s NWC had agreed to have the seat zoned to South, another decision was allegedly taken at the Southern level to zone it to the South-west, which immediately threw up the likes of Chief Bode George, Professor Tunde Adeniran, Otunba Gbenga Daniel, Mr. Jimi Agbaje, Senator Rashidi Ladoja and Chief Taoheed Adedoja. But that understanding was thwarted by the candidates from South-south, who didn’t think the South-west deserved it. This is why one after the other, they all either stepped down or withdrew from the race except Adeniran, who ran it through with Secondus and Chief Raymond Dopkesi. He too later walked out of the venue, alleging cheating. As it turned out, they all lost and the South-west lost big. Raymond Dokpesi Chairman of Daar Communications and chairmanship hopeful from the South-south, Chief Raymond Dokpesi is yet another loser. He was one of those who came out strongly for the chairmanship of the PDP and indeed, vehemently sold the idea that South-south was eligible. But he lost and had out of disappointment, dismissed the party as unlikely to make any impact in next election. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

PDP in a Conundrum in Yobe The defunct National Caretaker Committee of the Peoples Democratic Party led by Ahmed Makarfi has left a mess in Yobe State, when in defiance of a court order it chose to confer legitimacy on a faction not recognised by law, writes Tobi Soniyi

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fter the Supreme Court judgment that gave victory to Senator Ahmed Makarfi’s faction against the Ali Modu Sheriff’s group, members of the Peoples Democratic Party who stood with Makarfi thought it was their right to take over the party across the country. This created frictions between factions loyal to Sheriff and those loyal to Makarfi. Even though there were legitimate executives in place in some of these states, the Makarfi-led National Caretaker Committee, now dissolved found it difficult to accept these excos. This is the situation in Ogun and Yobe states. In Yobe, those loyal to Makarfi went overboard and acted with impunity relying on their support base in Abuja. They succeeded in plunging the party into crisis in Yobe. For instance, they refused to abide by a court ruling which restrained the caretaker committee from recognizing any other exco other that the one led by Alhaji Gana Lawan. A high court in Damaturu had issued an order restraining the National Caretaker Committee Chairman and others from recognizing Alhaji Sani Inwa Nguru as state chairman of the party. Ruling on the suit which had Alhaji Gana Lawan and 26 others as plaintiffs, Justice U.Z Muhammed said “”It is hereby ordered that the 1st defendant/respondent, any other than the applicants is/are hereby restrained from parading himself /themselves as chairman or state executive committee of PDP in Yobe State pending the determination of the plaintiff/ applicants motion on notice.” The defendants/respondents in the case were Alhaji Sani Inuwa Nguru, PDP; the chairman PDP

Secondus... expected to do the right thing

caretaker Committee, the Inspector General of police, Chairman of INEC and Director General of Department of State Security. The judge also ordered that “The 2nd - 6th defendants (Makarfi and the party and others) are restrained from recognising or dealing with other person(s) other than the plaintiffs/applicants pending the hearing and determination of the motion on notice” The judge further ordered that the 1st defendant/respondent to suspend all activities as chairman of PDP in Yobe and status quo be maintained pending the determination of the motion on notice. Stakeholders believed that the crisis would have been avoided if Makarfii had acted on an earlier petition titled “complaint regarding and request for the immediate correction of the looming impertinence and impunity on our prestigious polity”, written to him by Alhaji Lawan Gana Karasuwa as state chairman of the party.

The petition explained to Makarfi that the state exco emerged through due process. The petitioner stated that the appointment of a 9-man caretaker committee to run the affairs of the party’s Yobe State chapter was legitimate. The approval, the petitioner was given on April 18th 2016 by the then national secretary of the PDP, Professor Wale Oladipo. Also, the petition stated that in accordance with the party’s constitution, the PDP NWC appointed an 11-man committee to conduct congresses for three adhoc ward delegates, Ward LGA and State in Yobe State and same was communicated to the Yobe State chapter of the party by the National Organizing Secretary (Abubakar Mustapha), on 29th April 2016. It stated that the process was duly followed to produce an exco with a tenure running from 2016 to 2020. In effect, informed Makarfi that they are the duly elected Exco of the PDP in Yobe. But despite this petition and the court order, the legitimate state exco in Yobe was treated with disdain. In order not to leave nothing to chance and ensure that the legitimate exco in Yobe was allowed to participate in last Saturday’s convention, the state executive of the party led by Gana Lawan and 26 others again approached the Federal High Court in Abuja. The court ordered the National Headquarters of the PDP to recognize only the state executive of the party led by Alhaji Gana Lawan for the purpose of the national convention which held last Saturday and other key activities of the party. Ruling on an ex-parte motion filed by Lawan and 26 other members of the party against the

Independent National Electoral Commission (INEC), the PDP and seven others, Justice Binta Murtala Nyako granted the seven prayers sought by the plaintiffs and restrained the INEC, PDP, Senator Ahmed Makarfi, interim National Chairman of the PDP from “recognizing any other person or group of persons as the authentic leadership or Executive Committee of the PDP in Yobe State except the party leadership structure duly elected and headed by the plaintiffs as the authentic officers of the Yobe State Executive Committee of the PDP pending the hearing and determination of the motion on notice”. The court also restrained Alhaji Sani Inuwa Nguru from continuing to parade himself as the chairman of the Yobe State Executive Committee of the PDP pending the hearing and determination of the motion on notice. Justice Nyako also restrained the PDP and its National Caretaker Committee from taking any steps to dissolve or otherwise replace the Gana Lawan faction as the authentic officers of the Yobe State Executive Committee of the PDP except by elections due to be conducted in May 2020 pending the hearing and determination of the motion on notice. The judge also directed that the PDP is restrained from conducting any primary election in Yobe State except through the instrumentality of the Plaintiffs in the organisation and conduct of the electoral college for the election of party candidates for general and other elections to public offices pending the hearing and determination of the motion on notice. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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TUESDAY, DECEMBER 12, 2017 ˾ T H I S D AY

FEATURES

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

Once a Jewel, Now in Ruins In this piece, Seriki Adinoyi chronicles how the Jos main market was built, its destruction by fire, and the efforts by succeeding governments to rebuild it

The Jos Main Market... clusters of makeshift shops around burnt market

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nce upon a time, the Jos Main Market was a behemoth of sorts. It was a precious jewelfar more than just a trading centre; it was also a tourist attraction. Visitors to the state and going through Jos town stopped by to take advantage of its beauty, its massive size, and its ubiquitous architecture. The market was one among other reasons people visited Jos, the Plateau State capital. The other reasons were the unique cool weather, the beautiful hills and mountains that naturally created waterfalls; the Assop and Kura, among others. The beautiful vegetation and the wildlife parks and zoological gardens set Jos ahead of other cities in tourism. The market and the weather combined to make Jos arguably the most beautiful city in the country, if not in the West Africa. The beautiful, ultra-modern Jos Market was located at the city centre. The famous market was constructed by the first military administrator of the state following its creation in 1975, Police Commissioner Joseph Deshi Gomwalk. An indigenous Plateau leader, Gomwalk thought of some projects that will stand the test of time as well as stand the state out. Jos Main Market was one of them. The others were the massive state secretariat named after him, and the JD Gomwalk Building that houses the Nigerian Standard newspaper (a stateowned newspaper), and many Law offices and companies headquarters in Jos. Gomwalk started constructing the market with conviction and maximum attention. The project however spanned beyond his fouryear administration due to the complexity and vastness of the market. He handed the project over to the first civilian governor of the state, Chief Solomon Lar in 1979. A huge sum of taxpayers’ funds and loans running into billions of naira went into the market project before its completion. When the market was finally constructed

even up till 2001, one could not find its type in any state of the federation. The market had a unique design that made it the most attractive tourist site in the state. People travelled from all over the country and beyond to catch a glimpse of it. The tourism impact of the market was such that the federal government counted it as one of its topmost tourism destinations.

The beautiful structure and all it played host to were reduced to mere rubble in February 2002. No thanks to a mysterious fire outbreak. The market that served as a pride of Plateau and the nation went up in flames...When the fire finally retreated, the market became a history; the pride of the nation had fizzled into the thin air; the nation’s most beautiful market was gone. The edifice that the state laboured for many years to put together had become ashes

Plateau State governor, Mr. Simon Lalong...trying to break the jinx

The huge edifice had shop accommodation for at least 3,500 traders. The open space at the base of the market was meant to accommodate at least 2,000 shops. It was constructed with provision for banks, restaurants, police station, fire service station, post office, warehouses, car parks as well as office accommodation for market staff, among others. There was never any commodity that could not be found in the market; whatever could be sold in a market was found in the Jos Main Market. But alas! One day, the beautiful structure and all it played host to were reduced to mere rubble in February 2002. No thanks to a mysterious fire outbreak. The market that served as a pride of Plateau and the nation went up in flames. It happened all of a sudden; no one was prepared for it, government and private organisations including banks that were

accommodated in the structure were caught unawares. It took the state fire service two days of hectic battle to put off the fire. When the fire finally retreated, the market became a history; the pride of the nation had fizzled into the thin air; the nation’s most beautiful market was gone. The edifice that the state laboured for many years to put together had become ashes. The market, which served for about 16 years plus became ruined when it had not given back to the state the cost of its construction. The state was still indebted to the banks it obtained loans from to acquire the structure. The cause of the fire disaster remains a mystery till date; while some blamed it on the aftermath of the crisis that wreaked the city the previous year in which hundreds of lives and some millions of naira worth of properties were lost, others saw it as mere accident. Nigerians who either knew or have heard about the market mourned its demise. Traders were sent out of business, thousands of staff were out of work, and the state economy and tourism were brought down to their knees. The total loss recorded in the disaster could not be quantified. A commission of inquiry was set up by the then Joshua Dariye administration to unravel the causes of the inferno. The report of the commission was never to be seen. Knowing how the market had given the state national and global prominence, it was expected that the state government will move quickly to reconstruct the market considering its huge economic potential to the state. Succeeding state administrations made promises of reconstructing the market, but 15 years after, no stone has been laid upon another; mere promises. Traders have lamented endlessly. They had to resort to trading around the burnt structure undermining the risk, and as trading activities increased the people uncontrollably took over the roads. Efforts by government to control the traders failed because there

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FEATURES was just nowhere to go. But rather than rebuilding the burnt edifice, former Governor Jonah Jang attempted to relocate the traders to satellite markets on the outskirts of the city; the Rukuba, Katako, Dadinkowa, Bukuru, and Faringada satellite markets. But the adamant traders wouldn’t go; only skeletal services were rendered by the markets. They would rather build clusters of makeshift shops around the rubble of the burnt market. Jang even made a proposal to demolish the remnant of the market, evacuate it and replace it with a shopping mall of modern and international standard. He was of the opinion that a market should be decentralised. But it all ended at proposal level. A visit to the market site in Terminus Jos shows the clusters of shops erected by traders at the foot of the ruined market. Other traders who do not erect any structure take on the streets to display their wares for sale. So much so that vehicles contest usage of the roads with traders' wares. Today, 70 per cent of buying and selling take place in Terminus within the vicinity of the main market. The market that was a tourist delight in Jos is now a source of nightmare to government as activities around the ruined market site now constitute an abuse of the state tourism potential. The skeleton of the burnt market stands tall and its stores serve as bunks that provide accommodation for all manner of criminals in the city; drug addicts, robbers, rapists, among others. Obviously worried by the eyesore the ruined market has created in the very centre of the city, the current governor of the state, Mr. Simon Lalong, last year came up with renewed vigour to get back the market through public private partnership (PPP). Though slow, the effort had been commendable. The state government in August 2016 signed a N230 million worth Memorandum of Understanding with a UK-based company; the Roughton International London Limited in collaboration with Cynergy Associates consortium to commence the first phase of redevelopment and enhancement of the burnt market. State Commissioner for Commerce and Industry, Mr. Ezekiel Daju who signed the MoU on behalf of the state government, said the market remains a critical project to the development of the state and its economy, urging the company to use the project to attract investors to the state. Chairman of the Project Implementation Unit (PIU) which comprises the Ministry of Commerce and Industry, Jos Main Market Authorities and Plateau Investment and Property Company (PIPC), Nde Ezekiel Gomos, said a transparent bidding process had earlier taken place in which Roughton International emerged first. Gomos commended Lalong for his determination to re-build the famous market which he described as a onetime economic hub for not only the state but the country and West Africa. While speaking on the MoU, Country Director, Roughton International, Engr. Joseph Ikechukwu, assured the state government that the company would carry out the exercise with diligence and meet the 12-month target stipulated in the MoU. But rather than encouraging Lalong for attempting to do

Obviously worried by the eyesore the ruined market has created in the very centre of the city, the current governor of the state, Mr. Simon Lalong, last year came up with renewed vigour to get back the market through public private partnership (PPP). Though slow, the effort had been commendable

The Jos Main Market gutted by ďŹ re

The burnt Jos Main Market

what many of his predecessors could not, his critics had taken on him, especially in the area of the huge some of N230 million “spent for doing absolutely nothing.� The opposition said Lalong was only hiding under the reconstruction of the market to allegedly siphon state resources, querying how consultancy fee for the proposed rebuilding of a market alone could cost as high as N230 million. Observing that one year after the gimmicks of signing the MoU, nothing has been done, they warned that, “Those who have identified the burnt Jos Main Market as a conduit to siphon scarce resources needed to salvage citizens from untold hardship, have a lot of buying to do, so the right questions may be kept from the people.� But unperturbed Lalolng has refused to be distracted as the state government through its Ministry of Commerce and Industry recently advertised in some dailies for expression of interest from firms and consortia to design, build, operate, maintain and finance the redevelopment and enhancement of the market under Public Private Partnership (PPP). In the advertisement, the state government observed that, “Jos Main Market was a thriving centre for trading activities as well as a source of public revenue for the state located in the heart of the city. It comprised 7.427 space estimated to accommodate a minimum of 3,500 indoor shops and a further 2,000 shops in the market open space, with further provisions for market administration offices, banks, restaurants, police station, fire service station, post office, warehouses and car parks.

“However, following a fire incident in February 2002, the market building was demolished. Since then the market has been officially closed for trade, leading to the loss of revenue and livelihoods with the sprawling of unregulated trade around the site under hazardous conditions.� It added that the state intends to redevelop and enhance the market by entering into a PPP arrangement with competent and reputable developers. The developer must possess the necessary financial and technical competence to design, finance, operate and manage the redevelopment and enhancement of the market, the statement added, urging all bidders to make submissions on or before 11:00am on Monday 15th January 2018. This laudable step by the governor to venture into what his predecessors could not do has won him many accolades, especially from the traders that directly suffer the pains of the destroyed market. Alhaji Aminu Dabo, who trades on rice in wholesale in a makeshift shop around the market described the governor’s effort as commendable one, adding that his late father was occupying one of the shops before the market got burnt. He was sure that when the market is completed he won’t hesitate to apply for one or two shops. Hajiya Afolabi, another business woman in the market simply dismissed the governor’s effort. She said successive governments had promised heaven on earth for the market, but absolutely nothing happened before the end of their tenures, and wondered if the

current attempt won’t go the same way. But Mrs. Margaret Aku, on her part believed that it was just a ploy by government to siphon the state’s resources and use it to campaign for a second term. She queried that two and half years have gone and nothing was on ground, “is it in the remaining one year that will be dominated by electioneering exercise that Lalong will have attention for the work. And how is he sure he will be re-elected for a second term; if he is not, the next government may come and abandon the project for another.� Definitely, the project is dear to the heart of Plateau Government and people. If Lalong’s efforts yield positive results in the end, he would have succeeded in printing an indelible legacy in the minds of the people as the governor that broke the jinx to rebuild the market that all others could not. His effort will boost the economy tremendously and create new jobs for the people; banks and warehouses will return to the market, car parks and other activities will thrive, and business and tourism activities will return. Importantly, criminals that are harboured by the market will all be displaced and the city centre where the market is located will become safe. The onus is now on Lalong to prove himself to the people that his effort to re-build the market is not just one of those political gimmicks by refusing to be distracted and doggedly carrying on with the work. When completed, his name will be written in gold.

T H I S D AY ˾ TUESDAY, DECEMBER 12, 2017

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POLITICS

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

EXECUTIVE BRIEFING

For the Apo Six, Justice Remains Elusive The decision of the Senate to investigate reports of the reinstatement into the police of a Deputy Commissioner, Mr. Danjuma Ibrahim, who was charged alongside others with the murder of six Igbo traders in Abuja in 2005, despite an appeal against the High Court judgement that acquitted him, is a welcome development, writes Davidson Iriekpen

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he Senate penultimate week put smiles on the faces of the families of six Igbo traders popularly called Apo Six who were murdered by some police officers in Abuja in 2005 when it directed its Committee on Ethics, Privileges and Public Petitions to investigate reports of the reinstatement into the police force of a Deputy Commissioner, Mr. Danjuma Ibrahim, who was charged with the murder of the traders. Raising a point of order, Senator Sonni Ogbuoji noted that the reinstatement was despite appeal against Ibrahim’s acquittal at the Court of Appeal. The Apo traders, also known as Apo Six, were five male auto spare part dealers and a woman who were murdered in June 2005, allegedly by Ibrahim and four other officers, who claimed the victims were armed robbers. A panel of enquiry set up by the then President, Chief Olusegun Obasanjo, however, indicted the police officers and recommended that they be tried for murder. Following 12 years of trial, an An Abuja High Court sentenced two of the police officers to death, but discharged Ibrahim and two others. However the families of the deceased were not satisfied. They felt that justice was not served. According to them, Ibrahim, who was the most senior officer among the officers and who allegedly ordered the shooting should not have been freed. Consequently, the filed an appeal challenging the decision to exonerate Ibrahim. But despite pending appeal, Ibrahim was reinstated into the police force. Senator Sonni Ogbuoji (Ebonyi PDP) speaking at plenary queried how the court could have cleared Ibrahim who was the head of the unit that murdered the traders. He argued that the development would create a lot of tension for the families whose children were murdered in cold blood. “Also, one of them, Othman Abdulsalami, is at large till date. But the court on October 12, sentenced two of the policemen to death for murder. One is worried that the commander of that particular patrol unit that killed what is now known as Apo six has been reinstated by the police whereas the police have found others who were under his command culpable. How come one of the police officers is at large and the police is unable to trace his whereabouts till today, almost 12 years after, and then the one who was charged but acquitted, the police is now saying thank you to him for killing those young people by reinstating and re-absorbing him in the police force,” the lawmaker added. To many Nigerians, nothing captures the criminal entity the country has since become better than the case of the six Igbo traders killed in Apo, a satellite town in Abuja on June 2005. According to the proceedings at the trial, the Apo Six - Ekene Isaac Mgbe, Ifeanyi Ozor, Chinedu Meniru, Paulinus Ogbonna, Anthony and Augustina Arebu - were at a nightclub somewhere in Area 11 when, Ibrahim, Deputy Police Commissioner made sexual advances at Augustina who returned a negative response. Feeling slighted, he was said to have drove to a nearby police checkpoint where he told policemen there to be battle-ready to confront a group of armed robbers in the area. When the Apo Six got to the police checkpoint in their car, Ibrahim was said to have drove into them and ordered his men to shoot. Four of the Apo Six died on the spot while Ifeanyi and Augustina were taken to Garki police station where Othman served. The next day, the duo of Ifeanyi and Augustina were taken to some place outside town where they were executed. The lady was strangled by Ibrahim,

Senate President, Bukola Saraki. Relatives of the deceased looking up to him for justice

according to the testimony of the police witnesses at the criminal trial. After killing them, the police latter planted weapons on the bodies of these Igbo traders and brought a photographer to take their pictures which they (the police) displayed for all to see with intent to convince the public that the Apo Six were armed robbers. Following public outcry and demonstration by Igbo traders in Apo, the then government of President Obasanjo ordered a public hearing into this heinous crime. It was during the hearing that some police officers broke ranks and told the panel how Ibrahim allegedly masterminded the killing. The Garki police station chief armourer equally confessed that the weapons found on the accused were planted. Two of the accused policemen equally admitted shooting two of the Apo Six on the orders of Ibrahim. When the matter went on trial, the chief culprit, Ibrahim who ordered the shooting and even strangled Augustina for rejecting his advances at the nightclub, was released on what the court called “exceptional and special medical bail” in August 2006, less than one year into the trial. The DPO at the Garki police station, Othman who supervised the deadly act, disappeared

Despite the assurance by the AGF, nothing has been heard from him other than the news making the rounds that Danjuma Ibrahim has secretly been reinstated into the police force

from the fifth floor of Force Headquarters where he was detained. According to the testimony of the police, officer Othman went for prayers and never came back till today. While delivering his judgment, Justice Ishaq Bello of Abuja High Court discharged and acquitted Ibrahim who ordered the killings and Othman who supervised it all and even planted weapons on the deceased as the DPO Garki police station, according to the testimony of police officers who testified at the criminal trial. The reason the judge gave was that there was no sufficient evidence that the duo were guilty in the killing of the Apo Six. But the judge convicted the two junior officers who admitted in their statement that they shot two of the Apo Six on the orders of senior officer Ibrahim who fed them the information that the Apo Six were armed robbers after the only lady among them have turned down his advances. After the judgment, the families of the deceased victims staged a peaceful protest in Abuja, a procession that terminated at the Federal Ministry of Justice headquarters. According to leader of the aggrieved protesters, Chief Chimezie Ifeh, who is also the Chairman of Apo Traders Association, “the real culprits of the gruesome murder of the Apo-6 were left of the hook by the court.” He said: “It was Ibrahim that orchestrated and executed our brothers and sister. But the same police officer and his cohorts were freed by the court. We urge the AGF to appeal against the judgment and ensure that the perpetrators are brought to book.” A brother to one of the deceased, Mr. Edwin Meniru, told journalists that his brother’s death left the family devastated. He disclosed that his father died owing to shock from the murder of Chinedu Meniru, whom he said their parents loved so much. Following the protest, the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) promised that the federal government would review the court judgment that discharged three out of the six policemen accused of complicity in the extrajudicial murder. The AGF who was represented

by the Director of Legal Drafting at the Federal Ministry of Justice, promised to look into the issue, adding that the federal government would review the judgment. “I can assure you that appropriate steps will be taken,” the AGF’s representative added. Despite the assurance by the AGF, nothing has been heard from him other than the news making the rounds that Danjuma Ibrahim has secretly been reinstated into the police force to the consternation of many Nigerians who have anxiously waiting for justice to be served on the case. Those who spoke with THISDAY wondered if those that were murdered were from the North and murdered by a southerner, if they would have been set free or reinstated? This is why a public affairs analyst, Charles Ogbu, has appealed to the Senate not to sweep the issue under the carpet again. “We want the issue not to be swept under the carpet again. Nothing captures the criminal entity that Nigeria has since become better than the Apo Six case. Quite frankly, I am finding it increasingly difficult and almost impossible to retain my sanity here. How do some of you look at grave injustices such as this one and just move on as though it is nothing? How do you people do it? How do you retain allegiance, loyalty and patriotism to a murderous entity that is not only deaf, dumb and blind to the sanctity of the lives of the human person but seemingly derive some sort of orgasm in killing the same citizens it exists solely to protect? “How do you people smile at a police force that murders her own citizens and even plants weapon on them to cover up the crime simply because a lady said ‘No’ to the advances of a randy senior police officer? Of what use is the law when it is to be enforced by an organised criminal gang such as the Nigerian Police which delight in killing the same people they are meant to protect over such a flimsy excuse as saying ‘No’ to a sex request from a police officer? “If there is something that grieves me beyond words, it is sharing not just the same human trait but the same geographical space as this set of people. Being born a Nigerian and having to live in Nigeria is among the worst thing that could happen to anyone,” he said.

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L-R: National President, NACCIMA, Iyalode Alaba Lawson; Representative of Governor of Lagos State and Commissioner for Commerce and Industry, Prince Rotimi Ogunleye; President, Lagos Chamber of Commerce and Industry (LCCI) Mr. Babatunde Paul Ruwase; Immediate Past President LCCI, Dr. (Mrs) Nike Akande; and President, Insititure of Chartered Accountants of Nigeria (ICAN), Alhaji Isma’ila Muhammadu Zakari, during the Investiture of Mr. Babatunde Ruwase as President of LCCI in Lagos... recently Oyo State Governor, Senator Abiola Ajimobi(right) and Mayor of Accra, Ghana, Hon. Mohammed Sowah, during his visit to the Government House, Agodi, Ibadan...recently. Photo: Governor’s OďŹƒce

L-R: Chairman, Nigerian Bar Association (NBA) Lagos, Mr. Chuwuka Ikwuazon; Past Chairman, NBA Lagos, Mr. Chiji Okoli, SAN and Past National General Secretary, NBA, Mazi Afam Osigwe, at end of the dinner of Surulere Lawyers’ Forum in Surulere, Lagos...recently . KOLAWOLE ALLI

L-R; Manager ,Retails ,NIPCO Plc ,Habeeb Abdulahi ; Deputy Director ,Apapa LG Education Authority ,Mrs Ekundayo Titilayo ; Chairperson Association of Primary School head teachers ,Apapa LGA, Mrs Fakeye Olusola and Chief Finance OďŹƒcer ,NIPCO ,Roka Chiranjibi at the presentation of free LPG cylinders to boost gas usage in Lagos...recently

L-R; Former Deputy Governor, Central Bank of Nigeria, Prof. Kingsley Moghalu; Femi Falana (SAN); former Minister of Education, Obiageli Ezekwesili; Co-Founder, RED, Adebola Williams; Vice President, Federal Republic of Nigeria, Yemi Osinbajo; Governor of Osun State;, Rauf Aregbesola; First Lady of Kwara State, Deaconess Omolewa Ahmed and Pastor Ituah Ighodalo at the 12th edition of The Future Awards Africa in

L-R; Ogun state Commissioner for Commerce and Industry, Otunba Bimbo Ashiru, Former Judge of the International court of /justice, Prince Bola Ajibola, Alhaji Abdulrasheed Adenusi and the Representative of the National President of the Nigeria Association of Small Scale Industrials (NASSI), Mr Kuti George During the 2nd Annual Small Business Conference and Exhibition of the state chapter of the Association in Abeokuta...recently

L-R; District Governor 9110. Rotarian Wale Ogunbadejo; Assistant Governor - Rotarian Ify Ejezie; Rotarian President, Rotarian Charles Ezenwanne; Immediate Past President, Rotarian Samson Enema And Rotarian Steve Ezendiokwere At The Lnduction Ceremony Of Rotarlan Charles Ezenwanne As The 34Th President Of Rotary Club Of Tincan Island, Held At Golden Gate Ikoyi., Lagos...Recently

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Quick Takes FG Hails WAMCO’s Farmers’ Day The Minister of Agriculture and Rural Development, Chief Audu Ogbeh, has applauded the efforts of FrieslandCampina WAMCO, makers of Peak and Three Crowns milk, in creating and successfully hosting Nigeria’s first Dairy Farmers’ Day programme, in Iseyin, Oyo State. Ogbeh said: “This first edition of the Dairy Farmers’ Day highlights the importance of dairy farming in the provision of food and employment for rural farmers. It celebrates and encourages dairy farmers from the five Local Government Areas where the Dairy Development Programme (DDP) is currently being implemented in Oyo State. “Let me reiterate the federal government’s commitment to the success of FrieslandCampina WAMCO’s DDP which has taken a firm root in Oyo State and is spreading to other parts of the country.� Five dairy farmers emerged winners from the five LGAs where the DDP has produced excellent improvements in local milk sourcing, dairy farming standards, improved business model and farmers’ livelihood. Each winner of the award for good dairy farming practises got a brand new motorbike, which was presented by the Chairman Board of Directors, FrieslandCampina WAMCO, Mr Moyo Ajekigbe.

PETAN 2017 ANNUAL ACHIEVEMENT AWARDS

L-R: General Manager, Nigeria Content Development (NCD), Shell, Austin Uzoka; Managing Director/Chief Executive, Total E&P Nigeria Ltd, Nicolas Terraz; Chairman, Petroleum Technology Association of Nigeria (PETAN), Mr. Bank-Anthony Okoroafor; Group Managing Director, Nigerian National Petroleum Corporation, Dr. Maikanti Kachallah Baru; Managing Director, Shell Nigeria Exploration and Production Company Limited (SNEPCo), Bayo Ojulari; and Shell Petroleum Development Company of Nigeria’s (SPDC’s) External Relations Manager, Igo Weli, at PETAN for 2017 Annual Achievement Awards in Lagos ‌ recently

NDDC Cancels 647 Projects Valued at N190 Billion Decries high cost of roads on N’Delta terrain

Stories by Ejiofor Alike The Executive Director in charge of Projects at the Niger Delta Development Commission (NDDC), Mr. Ajenakevwe Samuel Adjogbe has said that the commission has cancelled 647 projects valued at N190 billion as a result of their zero performance. Adjogbe also told THISDAY in an exclusive interview that the cost of road construction in the part of the Niger Delta region that constitutes the Agbada formation could be double the amount used in road construction in the part of Niger Delta that constitutes

ENERGY the Benin formation due to the difficult terrain. He stated that on assumption of office about a year ago, the new board and management of NDDC had set up a committee he chaired, which recommended that 647 projects be cancelled to remove expected liability of N190 billion from the commission’s balance sheet. “We looked at the portfolio of projects and set out criteria for filtration. We needed to filter jobs and classify them. Jobs that have zero performance since they were awarded were all identified. You awarded a

project to someone since 2002 or 2005 and from that time till now, the person has not done anything. In the contract agreement the person signed with the commission, the contract is valid for a period of time, usually two years. What it means is that if after that period and you have not done anything, the contract is deemed to have expired and the project is no more,� he explained. He said his committee had recommended that those projects be cancelled and the board approved the recommendation and cancelled them. “Those projects are now out of the balance sheet and the

next phase we are working on is that we also need to know the factors stalling any project that is between the range of 0.1 and 5 per cent performance. Some of the needs of some areas may have changed and some people come back to you with cost escalations. So, we look at it to know if it is something that we want to sustain. Is this project still the current need of the area that needed the project initially? Has anything changed? If the answer is yes, yes, then we have to do something differently. We have gotten our report on this and Continued on page 22

Petrol Depots Still Dry Despite NNPC’s Pledge to Flood Market Despite the pledge by the Nigerian National Petroleum Corporation (NNPC) to flood the country with petrol, most of the depots in Lagos were still dry at the weekend as the corporation’s imported cargoes were still to arrive the country, THISDAY has learnt. THISDAY, however, gathered that the queues experienced in some filling stations did not worsen, despite the tight supply. The queues resurfaced a week ago after some oil traders involved in NNPC’s Direct Sale-Direct Purchase (DSDP) contract flooded the market

ENERGY with diesel instead of petrol that was stipulated in their contract agreements. While the market became wet with diesel, there was a shortfall in the supply of petrol by the NNPC, which is majorly the sole importer of the product. The shortfall had fueled an allegation by the Independent Marketers Association of Nigeria (IPMAN) that the NNPC was undersupplying its members and giving priority to depot owners. IPMAN further accused the

depot owners of selling to them at exhorbitant ex-depot prices of between N140 and N143 per litre after accessing the product from the NNPC at official exdepot price of N117 per litre. The independent marketers said it would be difficult for them to sell at the filling stations at N145 and threatened to shut down 900 filling stations in Lagos and Ogun States by December 11, a development that triggered panic-buying and the attendant crisis. Despite NNPC’s pledge, normalcy has not returned in distribution, especially in

Lagos. However, normalcy is gradually returning in petrol stations in Lagos. A market survey conducted by THISDAY showed that out of about 28 functional depots in Lagos only four had stock of petrol, while 14 had diesel. The major marketers – Oando, Mobil, Forte Oil, Total, Conoil, NIPCO, and MRS had petrol, which they were selling at normal price but to only their dealers, except NIPCO. THISDAY gathered that petrol was selling at ex-depot Continued on page 22

Firm Unveils Ultra-modern Stations In line with its goal of expanding the value chain and optimising customer base, Fatgbems Petroleum, one of Nigerian’s indigenous independent petroleum marketing companies, recently commissioned two ultra-modern retail stations in Awoyaya in Lagos and Adedotun in Abeokuta, Ogun State. Many industry analysts were said to have described the move as massive and commended the company for keeping to its brand promise. Among the dignitaries in attendance were the Ogun State House Assembly Speaker, Hon. Suraju Adekunbi, representative of paramount ruler of Iwerekun land, Otunba Muniru Elemoro, Executive Secretary, Deport and Petroleum Products Marketers Association of Nigeria, Mr. Olufemi Adewole, Chairman, Lagos Chapter of NUPENG, Alhaji Tokunbo Korodo, staff of the company, families and friends. Chief Operating Officer, Fatgbems Group, Mr. Dare Adeola, stated that the company strongly believes that indigenous brands have the capability to compete with the best brands in the world if given the opportunity. According to him, “This is a point that has been amply demonstrated by our history, as a business entity. And having benefited from a robust and positively impactful regulatory environment through Federal Government’s policies, we believe we also have a responsibility to create opportunities for Nigerians to develop their capacity.�

MultiChoice Unveils DStv Installer App In a bid to make the DStv installation process seamless for customers, MultiChoice Nigeria, a leading pay TV provider, has said its new DStv installer app will form part of its installation ecosystem, designed to boost customers’ experience. The DStv Installer App is a management tool for assigning, monitoring, reviewing, troubleshooting and managing customer installations to ensure quality installation and better accountability. Speaking on the launch of the app in Lagos recently, the Managing Director, MultiChoice Nigeria, Mr. John Ugbe, said: “The DStv Installer app is the latest feature in MultiChoice Nigeria’s line of innovative services and products which benefit our partners and customers. The DStv installer app enables dealers to assign jobs to accredited installers within a specific area, whilst ensuring that our customers benefit from reduced waiting times and the pre-knowledge of their installer’s identity.�

“What caused some of this (fuel scarcity) was some level of gaps in terms of volume; that gap was because the NNPC is the only one importing most of the products currently�

Minister of State for Petroleum Resources, Dr. Ibe Kachikwu

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BUSINESSWORLD NDDC CANCELS 647 PROJECTS VALUED AT N190 BILLION

we have presented it to the management. In our next board meeting, we will also present it for debate and necessary consideration for action,� he added. Adjogbe decried the high cost of road construction in the Niger Delta, which he blamed on the difficult terrain of the Mangrove forest that constitutes the Agbada formation in geological parlance. “Niger Delta region is made up of two formations – the Agbada formation and Benin formation. The Agbada formation constitutes the part we call the Mangrove forest, while the Benin formation is Imo and Edo States, as well as the upland part of Ondo State. The job we execute in the Mangrove area is more costly because the terrain is really rough. It is a tough terrain to operate in terms of the configuration. Now, it is far more costly to construct one kilometre of road in the Mangrove than in other parts of the region. So, the cost of executing projects in some parts of this region is very high. For instance, one kilometre of road in Escravos will cost double the amount you will use to construct one kilometer of road in Benin City. So, that is a major challenge,� he explained.

PETROL DEPOTS STILL DRY DESPITE NNPC’S PLEDGE TO FLOOD MARKET

prices of between N140 and N143.50 in the four other depots – D Jones, Mao Oil, Sahara, and Stallonire. It was however, not clear if the product belonged to the owners of the depots or was on throughput with third party. However, diesel was available in 14 depots – Wosbab, NIPCO, AA Rano, Acorn, Aiteo, D Jones, Fatgbems, Folawiyo, Rahamaniya, Obat, MRS, Integrated Oil, Ibeto, and Ibakem. Marketers who spoke to THISDAY said they were still awaiting vessels the NNPC had promised to import last week.

NEWS

CBN Urged to Recapitalise BOA, NAIC Olawale Ajimotokan in Abuja An urgent plea has been made to the Ministry of Finance and Central Bank of Nigeria to recapitalise the Bank of Agriculture (BOA) and the Nigerian Agricultural Insurance Corporation (NAIC) to enable the two institutions effectively play their roles as catalysts for the development of agriculture in the country. The call was one of the recommendations by the agriculture stakeholders after the technical sessions on the challenges and required actions from government at the NACCIMANIRSAL Agribusiness and Policy Conference in Abuja. The conference was organised for the purpose of implementing the agricultural component of the Economic Recovery and Growth Plan (ERGP). The recommendation mirrored the anxiety over the delay in the recapitalisation of BoA on the heel of the failure of the National Council on Privatisation (NCP) steering committee, set up in January to finalise the restructuring of the bank. The steering committee headed by Vice President Yemi Osinbajo was expected to report to government within a month after its inauguration to raise additional capital of N500billion for BoA. The bank is expected to be an upgraded financial institution that will in addition provide credit to MSMEs and farmers.

The report of the conference, made available to THISDAY, noted that the recapitalisation of the two institutions will effectively mitigate against challenges, including high lending rates, insufficient investments in the agricultural sector, inability of government to settle subsidy reimbursements and provide funding for NAIC as required by law. Similarly they bemoaned the over-reliance on indemnity based insurance products, non-adoption of agriculture as priority sector for commercial

lenders and low uptake of new insurance products by farmers. They called on government to set up of agricultural insurance fund for the payment of subsidies and funding for NAIC to replace current treatment as capital expenditure which is usually not cash-backed. In addition, they averred that the recapitalization of BOA and redefinition of the roles of commercial banks as investors in the bank will lead to the establishment of structured finance and financial frameworks for bespoke

infrastructural development, including railway, road, storage and warehousing. Related to that, CBN was also tasked to ensure proper functioning of agric desks in all commercial banks in the country. The conference similarly assessed the need to implement programmes that will attract youth into agriculture through the promotion of ‘Agrotainment’ by also prevailing on government to enforce agriculture as a mandatory course in secondary education.

The Managing Director of NIRSAL Aliyu Abdulhameed offered that the maiden agricbusiness finance summit next year will interface with the youths. He said NIRSAL will enroll the youth into profitable agricultural development plan that will enrich them. The conference, to be known as NAFIS 2018, according to Abdulhameed is a world-class agric-business conference that will adopt the strategies successfully employed in Brazil, Germany and South Africa.

MEDIA PARLEY

L:R: Executive Secretary/CEO, American Business Council, Margaret Olele; President, American Business Council, Lazarus Angbazo; Partner, PricewaterhouseCoopers (PwC), Darrell McGraw; and Commercial Counsellor, US Department of Commerce, Brent Omdahl, at the America Business Council (ABC) media launch in Lagos ‌ recently

Afreximbank, Attijariwafa Bank Sign MoU to Support Trade Across Africa Ndubuisi Francis in Abuja The African Export-Import Bank (Afreximbank) and Attijariwafa Bank Group have signed a memorandum of understanding (MoU) to collaborate in developing a large framework of cooperation in trade across Africa. Under the terms of the MoU signed in Sharm El Sheikh, Egypt at the weekend by the President of Afreximbank, Dr. Benedict Oramah and Mohamed El Kettani, Chairman and CEO of Attijariwafa Bank Group, on the sidelines of the Africa 2017 Forum, the two institutions committed to collaborating in equity and treasury cooperation through

the participation of Attijariwafa Bank in Afreximbank’s equity base as well as the use of excess liquidity for placements under Afreximbank’s deposit schemes aimed at financing trade across Africa. A statement issued by Obi Emekekwue of Afreximbank’s Communications Department said both banks will also cooperate in facilitating the identification, preparation and co-financing of projects related to their respective areas of activities and in the co-financing trade through the provision of line of credit confirmations. The MoU also provides for Attijariwafa Bank to act as a local administrative agent for

Afreximbank through its network in 15 African countries. The two parties equally agreed to collaborate in building capacity and sharing information and staff. In his remarks at the MoU signing ceremony, Oramah said: “This MoU opens up the potential for our two institutions, working together, to make significant contributions toward unlocking the full potentials for delivering the much-needed developmental impact on our continent. “The MoU sets up a longterm strategic partnership between Afreximbank and Attijariwafa bank as an integral part of our Intra-African Trade Initiative and will enable us to

cooperate in providing innovative trade finance solutions. “As the largest bank in Morocco and a leading panAfrican bank, we see an important role for Attijariwafa Bank as Afreximbank seeks to expand its operations in the Moroccan market, in particular, in the area of identifying opportunities for structured trade finance transactions,� Oramah stated. Also speaking at the signing, El Kettani said, “Signing this MoU with Afreximbank is another important milestone in our long-lasting relationship. Indeed, over the past years, our affiliate, Attijariwafa Bank Egypt (formerly Barclays Bank Egypt), has developed a strong

and diversified partnership with Afreximbank. “ Therefore, the present MoU enlarges the spectrum of covered geographies and strengthens intra-African cooperation and specifically one of its key levers which is trade. “As we all know, Afreximbank plays a leading role in boosting trade across Africa and Attijariwafa bank is also deeply involved in financing intra-African trade flows through its affiliates in North, West and Central Africa. “My conviction is strong that this MoU will contribute to bringing up new fruitful opportunities for our respective customers,� he said.

Apapa Port Not Conceived to Receive Trucks, Fuel Tankers, Says LASG Ejiofor Alike 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 Lagos State Government has stated that the Apapa port was originally designed to receive imported goods and petroleum products and move them out by railway and pipelines, and not to receive articulated trucks and heavy duty vehicles that transport these products and goods to different parts of the country. The Director of the Department of Petroleum Resources (DPR), Mr. Mordecai Danteni Baba Ladan has also blamed the Apapa gridlock on depot owners who refused to construct holding bays in their depots

for trucks that load petroleum products, contrary to the terms of their operating licenses. Speaking at the 2017 Annual General Meeting (AGM) of the Lagos Zonal Office of the DPR held at the weekend in Lagos, the Lagos State Commissioner for Energy and Mineral Resources, Mr. Wale Oluwo stated that all the stakeholders should go back to the original concept used in the design of the Apapa Port as a permanent solution to the gridlock. “We must go back to where we started to solve this Apapa gridlock because the port was conceived and started operations, it was not designed to

welcome articulated trucks and heavy duty vehicles to come and take products and goods out from the port. That was not the plan. The plan was for the port to receive goods and those goods are transported by railway through the Iddo terminal to the other parts of Nigeria. That was the concept. With respect to petroleum products, the port was constructed to receive petroleum products from the international market and pipe those products through Mossimi Depot in Ogun State to other parts of Nigeria. So, what we are seeing is a complete degradation of the original concept. We must

resuscitate the railway lines and we must bring back the pipelines to take products from Apapa to Ejigbo and Mossimi depots and to wherever we agree within ourselves and the DPR,� Oluwo explained. The commissioner disclosed that the state government had set up a committee that would start work next week to work out strategies to solve the Apapa gridlock. Also speaking at the AGM, the DPR director said the Apapa gridlock was a major concern to all the stakeholders, adding that all hands should be on deck to tackle the challenges. He blamed the depot

operators for not operating a holding bay as stipulated in their operating licenses. “While we recognise that bad roads and inadequate infrastructure have contributed to the gridlock in Apapa axis, the refusal of depot operators to abide by the laid-down rules has further complicated the problems. For example, all trucks now proceed directly to the depots to queue up for loading instead of staying at the holding bays to be invited when it is their turn to load. Let me reiterate that thisb practice, encouraged by depot operators, is contrary to the terms of their licenses,� Ladan said.

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ENERGY

ExploringShell’sSustainableEnergySolutions As the global campaign against fossil fuels gathers momentum, Ejiofor Alike reviews Shell’s make-the-future campaign launched exactly a year ago in Rio de Janeiro, Brazil, which seeks to demonstrate that innovation can bring about a brighter future, with more and cleaner energy As part of the global campaign to reduce air pollution, countries of the world are increasingly seeking sustainable alternative energy solutions that are free from fossil fuels. For instance, China, UK, Germany, France, India, Norway and Netherlands have unveiled plans to ban fossil fuel-run cars. The UK was the latest European country to mark the end of the line for diesel and gasoline fueled cars. UK’s decision followed stringent European Union emission rules that the country must obey even as it is set to leave the EU. The UK government said it would ban sales of the vehicles by 2040, barely two weeks after France announced a similar plan as part of the country’s efforts to reduce air pollution and become a carbon-neutral nation. Vehicle manufacturers had raised the alarm that outright bans could threaten over 800,000 jobs across the UK alone. Vehicle manufacturers, such as Volvo, target to build electric vehicles to avoid the consequences of being left behind. While Daimler AG, manufacturers of Mercedes-Benz cars, plans to shore up diesel, since it powers many of its lucrative sport utility vehicles, other manufacturers are reportedly embracing the new reality. For instance, Sweden’s Volvo Car Group said that by 2019 all of its cars would be equipped with an electric motor. Similarly, BMW AG has unveiled plan to build an electric version of its iconic Mini compact car in Britain. But to avoid massive job losses, Germany is looking for ways to reduce automotive emissions without moving toward an outright ban on vehicles with combustion engines Shell’s make-the-future campaign Shell, a global oil giant, is promoting business ideas to provide more affordable source of lighting for the world’s poorest families by encouraging investments in lamps powered by gravity; harvesting the air turbulence electric cars cause alongside motorways to charge the cars; use of barbecue fuel briquettes made from used coffee beans to provide clean energy solution and constructing football floodlights powered by the players’ runs on the pitch. Exactly a year ago, these sustainable business ideas, including kinetic-energy producing football pitches and weight-powered lights were showcased in Rio de Janeiro, Brazil where the oil giant gathered pop stars in a campaign to #makethefuture. Nigeria’s multiple award-winning Yemi Alade; British singer, Pixie Lott and Brazil’s Luan Santana were the global artists that promoted the event held at Santa Marta Favela. With these artists, Shell was able to deliver the message that positive change was possible because like many Favelas in Rio, Santa Marta, a community of over 5,000 residents, was off the national grid 20 years ago. According to reports, armed gangs also controlled the area as there were no investments to provide employment opportunities and residents stole electricity by tapping high tension lines. However, the story changed by the end of 2015 when Shell initiated the pilot project to build solar power to favela communities. Shell sponsored Insolar where more than 150 photovoltaic cells were installed on buildings for the use of the communities. For example, the oil giant sponsored the installation of blue panels on the creche, samba school and residents’ association. Shell also planned to invest in solar trees, where the residents can charge mobile phones in the future. With these solar panels, the creche gets 70 per cent of its energy needs, which amounts to huge savings in electricity bills. Also under the make-the-future campaign, Pavegen, a UK company built the world’s first player-powered football pitch at Rio’s Morro da Mineira favela in 2014, which was sponsored by Shell and inaugurated by football

British entrepreneur and Shell LiveWIRE beneďŹ ciary, Laurence Kemball-Cook at Shell-sponsored solar-powered football pitch at the Federal College of Education (Technical), Akoka, Lagos

legend, Pele. The kinetic pitch was built in such a way that each step by a player on the kinetic energy panels laid under the playing surface generates about five watts of electricity, depending on the player’s weight, and this can power floodlights for several hours. Other innovative solutions sponsored by Shell include: Capture Mobility, a firm that produces roadside turbines that generate energy from the air turbulence caused by passing cars. These sophisticated devices also tap solar power and use filters to remove harmful pollutants from vehicle emissions. The firm started in Pakistan in 2015 and moved to Edinburgh where it planned four major pilot projects, including one in Germany that will use the collected power to charge electric cars. Under the make-the-future, Shell also sponsored Gravity Light, a UK-based firm, which seeks to provide power with a ceiling winch and a bag of sand or stones – to the one in seven homes in the world that lack electricity. What the users need to do is pull the weight up to let it fall and when it is falling, it turns a small turbine that can power an LED light (or a radio) for up to 25 minutes. There was also the China-based MotionEco, which turns used cooking oil into diesel, thereby reducing the public health threat of a product that was previously scooped out of gutters and reused for food. Also UK-based Bio-Bean collects industrial quantities of used coffee and extracts essential oils and biodiesel and then uses what is left to make fuel briquettes that are cheaper and burns longer than wood. Impact in Nigeria and globally Indeed, the answers to tomorrow’s energy solutions lie in the innovative efforts of various industries across the globe. As the world continues to evolve technologically, several initiatives have been put in place to support innovation in Africa and the rest of the world. The demand for energy is constant and it is important that developing communities

have access to solutions that are economic, sustainable and environmentally viable. The ‘make the future’ campaign is an initiative by Shell that seeks to address some of the energy challenges faced in small communities and alternative renewable energy solutions to support already existing fuels in advanced cities. The campaign has ensured a more efficient and sustainable use of energy and natural resources with techniques that help meet worldwide demand for energy. Shell, through the power of ideas, has shown a huge impact on enterprise development, education, football and innovation in Nigeria. The future of energy is buzzing in the heart of Lagos, improving the lives and safety of those in the community through advanced technology and alternative energy. In November 2015, Shell in collaboration with global music star Akon, unveiled Africa’s first human and solar powered football pitch at the Federal College of Education (Technical), Akoka, Lagos and this encourages student footballers who train at night when it is dark, after the day at school. The pitch uses Pavegen tiles invented by young British entrepreneur and Shell LiveWIRE beneficiary, Laurence Kemball-Cook, to convert power from footsteps into renewable that lights the pitch at night. Shell also began to introduce lights that can be powered by gravity as a means to save cost, while creating a greener environment for all. The ‘make the future’ projects have shown that though Nigeria may be challenged by lack of power supply, one bright idea can light up lives and enable progress. It also emphasises that energy can be reliable, and plays a major role in driving human progress in Nigeria. The most fascinating of these initiatives is the Bio-bean. Innovation has shown that waste from coffee taken each day, can indeed power up the entire planet as sustainable transport fuel. Every year, tonnes of coffee waste produced by coffee factories and coffee shops are taken for incineration. But bio-bean has discovered the possibility of turning these waste grounds into an effective biofuel to power buses and pellets of fuel for heating buildings.

This inventiveness abets saving money on waste disposal, reducing landfill waste and displacing fossil fuels. On November 20, 2017, the Shell Bio-bean initiative was launched in central London Bus station where bio fuel was used to power the London buses. Shell is not only looking for more ways to provide socio-economic amenities, it is using innovative technologies and ideas to do so. Shell has found a means to engage recycling technology, and so many industries have seen the importance of by-products of waste. More jobs are being created in the process, as more hands are needed in the areas of research, production, and management of renewables such as biofuels made from waste. Shell has also inventively embraced the renewable energy as a viable source of power as it is naturally replenished and does not emit harmful substances. In the long run, these exciting technologies have exposed developing communities to never-before-seen solutions, improving their standards of living and encouraging an interest in creating solutions of their own. These solutions are clean, and ensure a greener world when fully implemented. Through the make the future initiatives, it is evident that these ideas will not only bring lasting solutions to the growing demand for energy in our fast-changing world, but also provide energy in the cleanest possible form. Shell has ensured the need to have a cleaner environment, and has incorporated this by means of renewable energy and biodiesel. In an estimated number of years, solutions such as the bio-bean will serve as a viable, cost-effective fuel to be used for a range of different appliances. Bio-bean is founded on the premise that there is no such thing as waste, just resources in the wrong place. As Shell continues to make the future brighter, it is exciting, discovering smart ideas like buses powered by biofuel from coffee waste; cars that drive themselves; ferries powered by liquefied gas; or even kites that give off electricity. Shell’s initiatives, ranging from recycling technology to gravity-powered illumination prove that innovation can bring about a brighter future, with more and cleaner energy.

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24

BUSINESSWORLD

INDUSTRY

Adewole: Nigeria’s Poultry Industry is Worth over N1.2tn Poultry farming is getting improved attention especially with the Central Bank of Nigeria’s support for local farmers. Jonathan Eze spoke with the coordinator of natnuPreneur Broiler Outgrower Scheme by natnudO Foods, Mr. Gbolade Adewole, who put the value of the Nigerian poultry industry at over N1.2 trillion. Excerpts: There seems to be opportunities in the Agricultural sector now especially poultry farming. How viable is the sector? It is important to state that the opportunities in the broiler market are substantial and all we need to do is to take a closer look at the value chain. Take for example, the feed mills. If we are allowed to produce the 1.5 million tonnes of chickens consumed locally, the feed mills will have to supply about N700bn worth of feed, the hatchery N145billion worth of day old chicks (DOCs) and the animal pharmaceutical industry will have to deliver drugs and vaccines worth about N45 – N55 billion-naira. Those numbers that I have given you put together is about N900billion. And that is just on the input side of the business but 70% of that money is not allowed to be made in our system because of the imported chickens blocking the flow. Ideally, Nigeria has enough poultry farmers who are ready to breed broilers because they have the space and the farm but because of this constraint, nobody is willing to fully exploit that market. Does it mean that Nigerian poultry farmers don’t have the capability to produce what we can consume locally? From available statistics, Nigeria consumes about 1.5 million tonnes of chicken annually but Nigeria produces only 30% of that. It is not that we do not have the capacity to produce 100% of what we consume, it is just that 70% of the chickens that we consume are imported (smuggled). Some people call them ‘cadaver’ chickens because of the long and poor storage process that they must go through before they get into the country. This is basically one of the biggest challenges confronting the broiler market in Nigeria. So, from an economic perspective, it’s affecting all the stakeholders in the value chain, namely: farmers, farm workers, transporters, input suppliers (feed, DOC,), laboratories, extension officers, veterinary doctors, financial service providers, processing plants etc. 1.5 million metric tonnes of chicken is 1.5 billion kilograms of chicken. The average breast chicken is 1.4 kg so that gives us 1, 071,428,000. That is the amount of chicken that we consume every year. Give or take, plus or minus 25% that depends on whose statistics you are looking at. So, revenue on input alone will be about N900 billion if we were producing 100% of what we consume, since we are producing 30% of N900 billion that means we are losing N600 billion that cannot be done here. For example, people are opening feed-mills all over Nigeria which has brought about competitiveness among market forces, which is good for the farmers. However, it also means that some people will be knocked out of the feed market despite all the investments they have made. The ripple effect is what is more dangerous like job loss. Let us do some ballpark numbers together, stay with me on this, 1.5 million metric tonnes of chicken is 1.5 billion kilograms of chicken, the average dressed chicken weighs 1.4 kg so that gives us 1,071,428,000 birds consumed annually. That is the amount of chicken that we consume every year. Give or take, plus or minus 20%- 25%, depending on whose statistics you are looking at. So, revenue to input suppliers alone will be about N900 billion if we were producing 100% of what we consume. Since we are producing 30% of N900 billion, that means we are losing N600 billion just on the input side of the business alone.

Adewole

means that some firms will be knocked out of the feed market despite all the investments they have made. The ripple effect is what is more dangerous, like heavy job losses along every point of the value chain. If Nigerian farmers are allowed to produce what we consume (1.5 million tons of chicken) this will translate into a lot of job opportunities. For instance, we should have well over 1 million attendants working on different farms. That is what we meant when we said across the value chain, our natnuPreneur scheme alone has the capacity to employ well over 2 million people. if we are to produce approximately, 1,071,428,000 chickens, you can imagine the number of people that we will need to produce them - the number of people we will need at the hatcheries, the feed-mills, in logistics, laboratories, extension officers, veterinary doctors etc., can only be imagined. In terms of revenue, how many farmers do we need to rear 1.5 million metric tonnes of chicken? if we assume, for argument’s sake, that an average capacity farm supplies twenty thousand birds every circle which is about 100,000 birds a year at 5 cycles per annum, if you divide 1,071,428,000 birds by a 100,000 that is approximately 11,000 broiler farms. These numbers are taken from a pessimistic perspective, since we know that the average Nigerian broiler farmer based on our scheme does about 5000 birds per cycle, approximately 25,000 birds per annum. On inputs alone, I easily calculated N900 billion. Take another example – transportation - movement of Day old Chicks, Feed, and Live birds back to the processing plants. The average cost of transportation in a cycle is 6.85% of the total cost of production, if we add the other nodes in the value chain, in terms of percentage, we get a revenue of about N1.3 trillion-naira swirling around in this value chain. But, alas, we are doing only 30% of this. Thus, the revenue we are generating for the players in this broiler sub segment of the poultry business is only about N430 billion which is still miniscule compared to what we can do as a country. Please tell us about the feed side of this This is where we have a problem� he said. business? The Feed side of the business has become highly What can be done legislatively to discourcompetitive which is good for the farmers on age smuggling of chickens especially from the short to medium term. However, it also neighbouring countries?

We have reached out to the Consumer Protection Council and some members of the House of Representatives. The Group Managing Director of Amo Group, Dr. Ayoola Oduntan, has also served on a senate subcommittee on this smuggling issue. So, what we have done is provide government with as much information as possible because they are concerned about what is happening. We are also working with the CBN and NIRSAL on the Anchor Borrowers Programme (ABP) to help increase local production as much as we can. I will also like to begin with the interesting hypothesis that says that smuggling of chicken has been banned. The goal is to focus, as we have done, at AMO Farms, through the NatnuPreneur scheme, on farmer profitability. As long as we can work out how the average broiler farmer can make and increase his profit, year by year, then we can be sure that the production will grow to fill this 70% gap created by the importation of ‘cadaver chickens’. What are some of the challenges confronting the broiler business? The core focus on farmer profitability is the main building block of the natnuPreneur scheme. Based on the research we undertook at inception, we discovered that a substantial number of broiler operations of various sizes around the country had failed. So, it was in a bid to unravel and solve the causes of these farm failures that we designed our system. Firstly, even if they had everything working for them, the market wasn’t there for them to sell into in bulk at the time, problem solved by our guaranteed off taking, we are not talking about rearing 5-10 chickens to sell during festive season. Rather, we are talking about rearing 10,00020,000 chickens and not having a ready market to sell it to. Secondly, the quality of inputs fluctuates depending on the source, thereby harming the final result for the farmers, problem solved, we provide high quality inputs that has been tested through over 10,000 cycles. Apart from the very good farms such as Amo Group and a few other notable companies who mill for their farms, farmers often get bad inputs. The practice of getting maize

from different places and mixing them up generally reduces the quality and results in all kinds of lapses. Thirdly, management practices were a major point of failure, many of them had no training on the basics of broiler management, most especially bio-security. Funding was also one of the issues, problem solved, we provide extension officers that visit these farms weekly to monitor and train and advise the farmers, each cluster of extension officers is headed by a veterinary doctor. So, based on these findings, we now tried to design a system to resolve these challenges. It is this system that we designed to help that we adjust everyday as we move along. So, we need more companies to do what Amo Group is doing with the natnuPreneur scheme. One of the major discoveries that have turned out to be our driving force is that the smallest unit in the whole value chain is the farmer and the farmer must be profitable for the scheme to be successful. So, when we did all that designing, experimenting, training extension officers, process optimisation etc., we realised that farmer profitability was the key. To ensure that this happens consistently, we focused on getting our trained extension officers to enlighten them on the reasons why their farms should not fail and how they can ensure they make profit consistently. Do you get feedbacks from farmers as per the progress made using your technical models? Farmers have given us feedbacks on how they have increased their capacity following our template and systems. It is important to note that, after the delivery, we usually write what we call a post evaluation report to show the high capacity farmers how well they performed in the cycle and where they need to do better to make more profit. Lastly, we also learn from the farmers through the feedback we receive and use this to consciously improve the process, and I must say, while its not perfect yet, we have come a long way via a steep learning curve on both sides of the equation. What we are saying, in other words, is that we need more AMO FARM type operations in the country to bridge the gap.

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12.12.2017

WEEKLY PULL-OUT

ODINKALU V USORO

WHAT CONSTITUTES A GIFT OR A BRIBE TO A JUDICIAL OFFICER?

CHIDI ANSELM ODINKALU

A.B MAHMOUD, SAN

PAUL USORO, SAN

2/DASHBOARD

12.12.2017

Determination of Jurisdiction: When Court will Consider Other Processes Besides the Claim PAGE 4

Human Rights Day: Group Urges President Buhari to Repair Nigeria’s Human Rights DamagePAGE 5 NIALS Fetes Danjuma at Energy Law Conference PAGE 5

SLP New Chair, Mia Essien, Seeks Members Support PAGE 5

QUOTABLES ‘We only have revolving Parties in Nigeria, that come every four years. We are concerned that these Parties now take us for granted.We are concerned that, as they take us for granted, all the monies that should be used to build up Nigeria, goes to their pockets. And there are so many examples. The current ‘Mainagate’ problem, the fight between DSS and the EFCC...Deep issues of deep concern, and we are very concerned that, if we keep sitting back in our houses, nothing will change and 2019 will be Armageddon.’ – Dr Olisa Agbakoba, SAN

‘We need those who will offer constructive criticism, not those who will mock us....No administration in the history of this country, has exhibited the kind of courage to fight corruption as this administration has shown.’ – Alhaji Lai Mohammed, Lawyer, Minister of Information and Culture, Federal Republic of Nigeria

Ojukwu: Justice Tokode Should Have Been Dismissed PAGE 5

‘Hands-on, Practical Experience in a Law Firm is Invaluable’ PAGE 6

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

Looking Forward to a Better Judiciary in Lagos PAGE 11

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

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The Road to Suicide

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Definition of Suicide uicide is “the action of killing oneself intentionally”, “the act or an instance of taking one’s own life voluntarily and intentionally”. Black’s Law Dictionary (Free Online Dictionary 2nd Ed) defines suicide as “the willful and voluntary act of a person who understands the physical nature of the act, and intends by it to accomplish the result of self-destruction”, “the deliberate termination of one’s existence while in the possession and enjoyment of his mental faculties”. It seems that two of the key elements of suicide, are the voluntariness and being in one’s right mind. Self-killing by an insane person, a person not of sound mind, is not suicide. INSURANCE CO. v MOORE, 34 Mich 41. My Friend’s Older Sister One of the most common reasons why people commit suicide, is depression, which could be caused by heartbreak, financial crisis and so on. There are several types of depression. A person gets so depressed and feels so helpless, that he/she starts to lose the will to live, and sees death as a better option, a way out. As a child, suicide did not seem to be a common occurrence. The only person whom I ever knew that committed suicide, was my friend’s older sister. I will never forget. She ingested the disinfectant cleaner, ‘Izal’, and by the time assistance reached her, it was too late. She had successfully taken her own life. I’m not quite sure, whether anyone knew the reason why she took such a drastic step and ended her life in her teens. Third Mainland Bridge However, today, in Nigeria, suicide seems to be becoming rather common place. These days, Third Mainland Bridge, from where people plunge themselves into the Lagos Lagoon, is apparently the choice location for this dastardly act. There was the case of Dr Allwell Orji, a medical doctor. He had instructed his driver to park the car on the Bridge. He jumped into the Lagoon. His body was recovered a few days later. Though the reason for his suicide may be connected with depression, several others like Abigail Ogunyinka and Taiwo Momoh who were unsuccessful in their suicide attempts on the Bridge, were pushed to this point by indebtedness. They were upset that they were fished out of the Lagoon and were rescued, as they believed that their financial problems would just continue to persist.

Third Mainland Bridge

Nigerians are Depressed It is obvious that these days, the main reason for suicide in Nigeria does not have much to do with love or heartbreak; the main reason is financial difficulties/ crisis – not being able to meet up with one’s basic responsibilities, indebtedness, the prevailing harsh economic conditions that exist in the country. Last year, in Akwa Ibom State, one Ekanem Edet was said to have committed suicide by hanging himself. He allegedly left a Suicide Note for President Buhari, in which he blamed his suicide on the harsh economic conditions existing in the country. The World Health Organisation estimates that all over the world, about 1 million people take their own lives annually. This is huge. In 2016, the World Happiness Report, showed that Nigeria had dropped drastically from its 78th position to 103 in the world happiness ranking. As of 2015, Nigerians were the 2nd happiest people in Africa; we have since dropped to the 6th position! The bottom line is that, majority of Nigerians are depressed, and many couldn’t care less whether Section 327 of the Criminal Code Act provides that “Any person who attempts to kill himself is guilty of a misdemeanour, and is liable to imprisonment”. Those that fail in their suicide attempts, are likely to face prosecution, and up to a one year stay in a vile Nigerian prison, if convicted. My question is, why won’t people be depressed? Why won’t the suicide rate in Nigeria multiply? Majority of Nigerians, except Politicians and Government Officials, are finding this environment toxic and almost unbearable. It seems that every morning when one wakes up, the situation goes from bad to worse. People have no money. By now, Nigerians are getting tired of hearing what PDP did or didn’t do. It sounds like a broken record, a cacophony! In the words of Brigadier General Raji Rasaki (Rtd), “action, action la fe” (we want action, action). We need to see positive action and not lip service. Just last week, I was wondering whether we Nigerians don’t deserve the successive ‘bad’ governments that we have had (present company included), because it seems that given half the chance, we the people, are just as bad as our leaders and government officials. We the people, are also callous and insensitive. With just a little rumour that the price of fuel may be increased, Marketers decided to seize the opportunity to ‘make hay while the sun shines!’ and they decided to hoard their fuel in order to make ‘abnormal’ profits, thereby plunging Nigerians into suffering and inconvenience. You should have seen the ‘mad’ traffic on Awolowo Road last Tuesday, caused by long fuel

queues. I was in Abuja on Saturday, and people were still queuing for fuel. As we all know, any fuel shortage crisis certainly has a negative multiplier effect, starting from increase in the price of public transport, to increase in prices of food stuff at the market and so on, at a time when people are already collapsing under the harsh economic conditions? APC should bring about the ‘change’ it promised Nigerians during the campaign, or was it a change for the worse? Government keeps saying that they have annihilated Boko Haram, but everyday, those brutal terrorists are still maiming and killing innocent people in the North and destroying their property. The Fulani Herdsmen who seem to be constantly on a rampage, destroying the livelihood of farmers all over the place, are totally out of control, yet Government does not seem to have mapped out any coherent strategy to deal with them. Recently, suspected Herdsmen unleashed terror on the Numan Community, burning so many houses. They also invaded the sugarcane farm of the Savannah Sugar Company in Adamawa State and burnt down 55 hectares of matured sugar which were ready for harvesting. Why? If, for example, Savannah Sugar which was just recovering from a bad spell, decides to lay off some of its workers consequent upon the destruction of its produce and the losses it has incurred, how will those workers survive and meet their financial responsibilities like children’s school fees which are due again come January 2018 next month? Is that not enough to cause depression and suicidal thoughts? All the Army’s Operation Crocodile, Python Dance, Azonto, Bush Meat and Dole Lafiya – we need to see some more results forthwith. Lack of good governance by successive Governments, thereby plunging Nigerians into untold hardship, is what is causing the increase in the rate of suicide in our country. Unfortunately, we cannot do much about it, because Government cannot really be held accountable for its failings. Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010)(the Constitution), which contains all the provisions by which Government can be held accountable for its acts and omissions, is not justiceable. So for instance, Section 14(2)(b) of the Constitution which provides that “the security and welfare of the people shall be the primary purpose of government” and Section 16(1)(b) which enjoins Government to inter alia (among other things), control the economy in such a way as to secure the maximum welfare and happiness of all Nigerian citizens, are simply included

ONIKEPO BRAITHWAITE

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

"LAST YEAR, IN AKWA IBOM STATE, ONE EKANEM EDET WAS SAID TO HAVE COMMITTED SUICIDE BY HANGING HIMSELF. HE ALLEGEDLY LEFT A SUICIDE NOTE FOR PRESIDENT BUHARI, IN WHICH HE BLAMED HIS SUICIDE ON THE HARSH ECONOMIC CONDITIONS EXISTING IN THE COUNTRY"

in the Constitution for decoration. No one can sue the Government, for failing to meet it’s obligations in this regard. Some Suicidal Signs Though suicidal people may keep their intention to themselves, a few of the warning signs may be mood swings, isolation at home and general withdrawal from the society, change of habits like eating and sleeping (some may begin to stay up through the night while the world is asleep, thinking all sorts of bad thoughts and giving them the opportunity to fester, with no one around to disabuse their minds), talk of feelings of hopelessness, increase in alcohol consumption or drug taking, saying things like “Gbogbo nkan ma ti su mi” (I am tired of everything), “I wish I was never born”, putting their affairs in order and contacting people to say goodbye. How to Assist a Suicidal Person Once you have recognised the signs in an individual, take it seriously. Be a good listener, especially in order to try to discover as much as possible, what is going on in their mind and what actions they may be planning to take. Let the suicidal party know that you care and you want to help and support them. Let such a person know that the feelings of hopelessness and committing suicide, will or can pass. Try to point out better alternatives to suicide. In civilised countries, one would encourage such a person to seek professional help. Unfortunately, Nigeria does not seem to have proper infrastructure set up for psychiatric counselling, though earlier on this year, Lagos State Government recognising that there is an increase in the rate of suicide, established some help lines, so that people can seek assistance.

4/LAW REPORT

12.12.2017

Determination of Jurisdiction: When Court will Consider Other Processes Besides the Claim

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he Appellant brought a debt recovery action against the Respondent, at the Federal High Court, Lagos, further to which a consent judgement was subsequently entered in the sum of N135,086,419,170.32 (One hundred and thirty-five billion, eightysix million, four hundred and nineteen thousand, one hundred and seventy Naira, thirty two kobo). Following the failure of the Respondent to pay the judgement sum, the Appellant commenced Winding- Up proceedings against the Respondent at the Federal High Court. The Respondent raised a Preliminary Objection at the Winding-Up proceedings, stating that the Court lacked jurisdiction, because the application was brought prematurely. After considering the arguments of Counsel, the Court upheld the Preliminary Objection and struck out the Winding-Up application. The Appellant, who was dissatisfied with the decision, appealed to the Court of Appeal. In its Brief of Argument, the Respondent challenged the competence of the appeal on the basis that Ground 3 of the Notice of Appeal was an Obiter of the Court below and therefore, not appealable. Issue for determination: Whether the lower Court was right in upholding the Preliminary Objection thereby, striking out the application for Winding-Up? Arguments Counsel for the Appellant argued that jurisdiction being radical to adjudication, the originating process filed by the Plaintiff determines the jurisdiction of the Court. He relied on MADUKOLU & ORS v NKEMDILIM (1962) 1 All NLR 587 at 594; SKEN CONSULT (NIG.) LTD v UKEY (1981) 1 S.C. at 26. He submitted that, in the light of the Statement of Claim filed by the Appellant, showing that the judgement debt was due and unpaid by the Respondent for over 90 days after the Consent Judgment was delivered, the lower Court should have found that the Appellant was entitled to file the Winding-Up application against the Respondent. He referred the Court to Section 52 of the AMCON Act, 2010. The Appellant argued further that, the question whether the action was properly initiated procedurally under AMCON Act, 2010, was raised by the Court below without affording the parties the opportunity to react to it. He submitted that the Appellant was therefore, denied fair hearing and that the lower Court breached the provision of Section 36 of the Constitution of the Federal Republic of Nigeria 1999. He referred the Court to VICTION FIXED ODDS LTD v OJO (2010) 8 NWLR (Pt. 1197) 486 at 500-501; STATE v OLADIMEJI (2002) 14 NWLR (Pt. 839) 57 at 74 -75. It was also argued by the Appellant that, the lower Court erroneously pre-judged the merit of the action in limine when it held that it was premature to contend successfully that the judgement debt had fallen due, when the issue before the Court was that of its jurisdiction to entertain the action. The Appellant finally urged the Court to allow the appeal, and send the case back to the lower Court to be heard on the merit. In its response, the Respondent contended that the issue of jurisdiction can be determined on the basis of any process before the Court, including process filed by the Defendant. The Respondent referred the Court to the decision in UGWU & ORS v PDP & ORS (2013) LPELR–21356; USMAN v BABA (2005) 5 NWLR (Pt. 917) 113 at 129. The Respondent also argued that, having raised the notice of objection to the abuse of the process of the Court, the lower Court was right when it held in its ruling that upon a review of the other pending suits between the same parties over the same subject-matter, the present action is an abuse of the process of the Court below. More so, the Court below was entitled to look at its own record for the purpose of determining any issue before it. Reference was made to AGBAREH v MIMRA (2008) 2 NWLR (Pt. 1071) 378 at 411-412. Counsel

In the Court of Appeal of Nigeria In the Lagos Judicial Division Holden at Lagos On Thursday, the 26th Day of October, 2017 Before Their Lordships Joseph Shagbaor Ikyegh Ugochukwu Anthony Ogakwu Abimbola Osarugue Obaseki-Adejumo Justices, Court of Appeal CA/L/697/2016 Between Asset Management Corporation of Nigeria Ltd .........Appellant And Capital Oil and Gas Industries Ltd ......Respondent (Lead Judgement delivered by Honourable Joseph Shagbaor Ikyegh, JCA)

argued further that, grounds 4 and 5 of the Notice of Preliminary Objection raised the issue that the Petition was premature and that since the Appellant filed a Reply in opposition to the notice, the parties were therefore, afforded the opportunity to be heard on the issue. He submitted that the issue was not raised suo moto by the Court; thus, the Appellant’s right to fair hearing was not breached. The Respondent referred the Court to INAKOJU v ADELEKE (2007) 4 NMLR (Pt. 1025) 423 at 621; MAJOR BELLO MAGAJI v THE NIGERIAN ARMY (2008) LPELR– 1814. Court’s Judgement and Rationale On the Preliminary Objection to the competence of Ground 3 of the appeal for being an Obiter, the

"T IS ONLY WHEN JURISDICTION OF A COURT TO ENTERTAIN AN ACTION, IS CHALLENGED ON THE GROUNDS THAT THE RELIEFS SOUGHT BY THE CLAIMANT ARE OUTSIDE THE JURISDICTION OF THE COURT, THAT THE INQUIRY ON JURISDICTION IS CONFINED TO THE PROCESSES FILED BY THE CLAIMANT … WHERE THE GROUNDS OF OBJECTION IS ONE OF ABUSE OF COURT PROCESS, THE COURT CAN LOOK AT THE PROCESSES FILED BY THE DEFENDANT VIS-À-VIS THE ACTION FILED BY THE CLAIMANT, TO RESOLVE WHETHER THERE HAS BEEN AN ABUSE OF THE PROCESS OF THE COURT"

Court of Appeal considered the Record of Appeal and other evidence before it, in arriving at the decision that the Ground is a live issue as it was raised and considered at the lower Court. The Ruling shows that the Obiter complained of, was fused into the Ratio of the Ruling, as it supplied the Ratio with the foundations for the decision arrived at; thereby making it part of the Ratio and appealable. Determining the main issue which borders on abuse of court process, the Court of Appeal found that, usually, a Claimant cannot file process comprising materials on abuse of the process of court with respect to the action filed. It is the adverse party that brings forth materials, suggesting an abuse of court process. Once such materials are put forward, the Court concerned must look at them, to ascertain whether there is an abuse of the process of Court as alleged. Thus, it is only when jurisdiction of a Court to entertain an action is challenged on the grounds that the reliefs sought by the Claimant are outside the jurisdiction of the Court, that the inquiry on jurisdiction is confined to the processes filed by the Claimant. The Court referred to the cases of JUSTICE ELELU-HABEEB & ORS v THE HON. AG OF THE FEDERATION & ORS (2012) 13 NWLR (Pt. 1318) 432 at 474; IZENKWE v NNADOZIE (1955) 14 WACA 361 at 363. Where the grounds of objection is one of abuse of court process, the Court can look at the processes filed by the Defendant vis-à-vis the action filed by the Claimant, to resolve whether there has been an abuse of the process of the Court. The lower Court was therefore, right in looking at the pending suits contained in the Notice of Preliminary Objection and supporting affidavit filed by the Respondent i.e. the Defendant. The Court of Appeal observed that the lower Court struck out the action, not because of its decision on abuse of court process, but because it was premature. A decision based on an abuse of court process, would have led to a dismissal of the action - TSA INDUSTRIES LTD v FIRST BANK OF NIGERIA (2012) 14 NWLR (pt. 1320) 326 at 349. The lower Court based its reasoning for striking out the action, on the ground that the objection raised by the various suits filed by the Respondent, rendered the enforcement of the consent judgement by the present action premature. These are matters to be ventilated at the hearing of the substantive action; they cannot be deployed to deal with the present action in limine or on the threshold. In resolving the issue of whether the action filed by the Appellant was premature, Their Lordships referred to the provision of Section 52(1) of the AMCON Act and quoted the relevant portion thus: “Where the court gives a decision against a body corporate in a debt recovery action under this Act, requiring the debtor company to pay any sum to the Corporation and such sum is not liquidated or paid over to the Corporation within ninety days from the date of the order for payment, the Corporation may apply to the court to issue a winding–up order against the debtor company” The Court of Appeal reviewed the facts of the case, and found that the Terms of Settlement which is the basis of the Consent Judgement against the Respondent, was delivered on 21/06/2013 and that the application for WindingUp was filed at the lower Court sometime in 2016; the conditions for filing the Winding-Up application were thus, fulfilled. On this note, the Court of Appeal allowed the appeal; set aside the Ruling of the Court below and directed that the action be heard on the merit by the lower Court. Appeal Allowed. Representation: Mr. A Sadauki with Mr. A. O. Gbadamosi for the Appellant I. Esom Esq. for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

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AWARDS L-R: Senior Counsel, Sterling Bank, Sunny Kanabe; Founding Partner, Doyin Rhodes-Vivour and Co, Doyin Rhodes-Vivour; Editor-in-Chief, The Digest, Seyi Clement; Awardee/Chief Legal Counsel, Sterling Bank, Justina Lewa and Head, Litigation Unit, Femi Aiyegbusi, Sterling Bank, during The Law Digest Africa Awards 2017, where Sterling won General Counsel of the year 2017 held at Oriental Hotel, Lekki, Lagos

L-R: Director General, Nigerian Institute of Advanced Legal Studies, Prof Deji Adekunle, SAN, Professor Hugh Corder, Gen TY Danjuma and his wife, Senator Daisy Danjuma

Human Rights Day: Group Urges President Buhari to Repair Nigeria’s Human Rights Damage Stories by Akinwale Akintunde A human rights advocacy group, Access to Justice, has urged President Muhammadu Buhari to repair the huge damage done to the security and enjoyment of human rights, as well as, the rule of law in the country. The group in a statement signed by its Deputy Director, Dr. Adenike Aiyedun, to join in the celebration of International Human Rights Day, said with the present state of affairs in the country, the significance of “human rights day” for Nigerians will be a pale one. Access to Justice, called for greater respect of human rights nationally and internationally, adding that human rights are inalienable rights, and every State is under an obligation to respect, promote, defend and protect the rule of law. It also asked President Buhari, to lead by example, and show more accountable leadership, whenever there are human rights violations. “Access to Justice hereby urges President Buhari to repair the huge damage done to the security and enjoyment of human rights of Nigerians,

as well as, the rule of law in the country. In order to do this, we ask the President to lead by example, and show more accountable leadership whenever there are human rights violations. We also implore him to respect the authority of courts, urgently reform the institutions of law enforcement and security, and bring to justice all those who have gravely violated the rights of others. “We propose that, the government focuses more on the realisation of the socioeconomic rights of its people, to ensure that all Nigerians can enjoy equal access to justice, basic healthcare and housing. Finally, we beseech the President to end the culture of impunity of owing backlogs of workers’ salaries, while State funds are being diverted to fund white elephant projects. “Access to Justice celebrates the milestones that have been achieved globally in the advancement of human rights, and joins its voice to the call for greater respect of human rights nationally and internationally. As the United Nations has said on several occasions, human rights are inalienable rights, and every

State is under an obligation to respect, promote, defend and protect the rule of law. “The rule of law, requires respect for the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, public participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency by all arms of government. Some of these precepts have, however, not been duly observed by the government of the day. “Practical evidence shows that the Nigerian Government, regards the rule of law and human rights as expendable obligations and rights, and will readily sacrifice these values for any cause of action it chooses to take, without due regard for the protection of the rights of its citizens. “With the recent activities of President Muhammadu Buhari’s Government, he has managed to re-create an era of imperial Presidency, where no one is able to hold off the powers of the State, and no court can compel the State to

respect its decisions. The present administration has exhibited and continues to exhibit, no regard for court orders, by willfully disobeying and flouting various court orders and rulings, thereby undermining the role of the judiciary. “Socio-economic rights have not fared any better, under President Buhari’s Government. Rights of access to healthcare, education and work, protected under international and regional human rights treaties, and indeed, backed by the Nigerian Constitution, have not been realised by this Government. While President Buhari and other top government officials are able to travel abroad for medical treatment with State resources, ordinary Nigerians are dying needlessly, because of the lack of access to basic medical treatment, and some for ailments or conditions that are curable or manageable. We must also not ignore the lack of access to legal services in the country, due to financial barriers by many indigent Nigerians, and the lack of reform within the justice system”, the group stated.

SLP New Chair, Mia Essien, Seeks Members Support The newly elected Chairman of the Nigerian Bar Association (NBA) Section on Legal Practice (SLP), Mrs. Mia Essien, SAN, has urged Council Members of the Section to give her administration all the necessary support, as they have done in the past. Essien, who made the call in a memo dated November 30, 2017, said with the support of all members, the Section would no doubt, achieve the great heights it had previously attained. The Senior Advocate was elected NBA-SLP Chairman alongside other officers on November 23, 2017, at the Annual General Meeting (AGM) of the Section held in Lagos. Other SLP officers elected alongside Mrs. Essien are Mr. Oluseun Abimbola, Oyo State Attorney-General and

Commissioner for Justice, as Vice-Chairman, Mrs. Boma Alabi, OON as Treasurer, and Mrs. Bunmi Ibraheem as Secretary of the Section. According to SLP Chairman, the NBA National Executive Council (NEC), has approved that the newly elected officers should commence their tenure and work. While reminding members of the objectives of the Section, she encouraged members to send by private email, directly to Exco and Council Members, any suggestions they may have towards the growth of the Section. “This is to inform you that on the 23rd of November, 2017, elected officers of SLP, who were elected at the last AGM of the Section held in Lagos, were given

approval by NEC to commence their tenure and to commence work. The elected officers are: 1. The undersigned as Chairperson 2. Mr. Oluseun Abimbola,(the Honourable Attorney-General of Oyo State) - Vice- Chairman 3. Mrs. Boma Alabi, OON - Treasurer 4. Mrs. Bunmi Ibraheem Secretary “As we all know, the objects of the Section are to: 1. Promote the exchange of information and views among individual members of the Section and other likeminded bodies as to the laws, practices and procedures affecting the Section locally and internationally. 2. Assist members to develop and improve their

legal services to the public. 3. Undertake such related activities as may be approved by the Sections Council from time to time. “We count on all our members to support the Section, as they have done in the past, to achieve the great heights it had previously attained. We also look forward to your full participation in the Section's activities, as they unfold in the coming weeks and months. “We will be sending additional communication in due course, and we encourage members to send by private email, directly to Exco and council members, any suggestions they may have towards the growth of the Section”, she said.

NIALS Fetes Danjuma at Energy Law Conference The Nigerian Institute of Advanced Legal Studies (NIALS), in collaboration with the Centre for Comparative Law, University of Cape Town, South Africa, last Thursday hosted a One-Day Conference on Energy Law in honour of General Theophilus Danjuma who just turned 80. The Conference with the theme, ‘Ending Africa’s Energy Deficit and the Law: Achieving Sustainable Energy for All in Africa’, held at the Eko Hotel and Towers, and saw in attendance, Lawyers in the Academia from South Africa, Norway, Australia, and Nigeria. The occasion also showcased the Book, ‘Ending Africa’s Energy Deficit and the Law: Achieving Sustainable Energy for All’, published by Oxford University Press and edited by the Attorney-General of Edo State, Professor Yinka Omorogbe. In his opening remarks, Director General of the Nigerian Institute of Advanced Legal Studies, Professor Deji Adekunle, SAN, said that “the collaboration between NIALS and the University of Cape Town, is an important catalyst for growth in both countries. “It will unleash potentials, to enable young researchers enhance their skills, and most importantly, it is a handshake across Africa, South and West.” Deputy Vice-Chancellor of the University of Cape Town and former Dean of Law, Professor Hugh Corder in response said “policy and development need to be flexible and not rigid, to enable growth in Africa’s energy sector”. Prof Corder later presented

Gen TY Danjuma with his medal and insignia of induction into the prestigious Chancellor’s Circle of the University of Cape Town. Editor of the Book which is a compilation of writings of energy law, Professor Yinka Omorogbe, in felicitating with Gen Dajuma whose endowment funded the publication, said “most philanthropists give in the area of science and medicine, rarely do we see any give in law. “Globally, Nigeria is being left behind in energy. While Nigeria still depends solely on hydrocarbon fuels, the rest of the world is fast moving into renewable energy and electric cars”. She explained that what propelled the research in energy famine in Sub-Saharan Africa, not withstanding the abundant energy resources. That development without access to modern energy services, is a mirage and an impossibility, and she clearly distinguished between policy and law, which she said are not the same. Omorogbe concluded saying “we need the law to make sure that energy and power are available at affordable cost to the poor”. Gen TY Danjuma, in gratitude, thanked the organisers of the Conference to mark his 80th birthday, and said that his vision to endow the fund at the University of Cape Town and the Nigerian Institute of Advanced Legal Studies, was his concern about the universality of energy and why it should be available even to the poor in Africa’s rural areas.

Ojukwu: Justice Tokode Should Have Been Dismissed The recent actions taken by the NJC on the discipline of Judges, must be greatly commended. Most of the decisions are bold and courageous, and the decisions would in no small measure send the right signals to all, especially Lawyers from the Bar. We have had a rising trend in corrupt practices, from the Bar. Many have complained that the Bar

has not been sending her most competent and ethically balanced members to the Bench. This case of Justice Tokode, is an example of the rot in the Bar, where as stated by the NJC, the Judge misled the Federal Judicial Service Commission and the National Judicial Council, by submitting six judgements he claimed to have personally conducted CONTINUED ON PAGE 13

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SERAP Seeking Solutions to Combating Corruption, Impunity in Nigeria Akinwale Akintunde In its quest to finding solutions to how to effectively combat corruption and impunity in Nigeria, the Socio-Economic Rights And Accountability Project (SERAP), recently held a strategic media roundtable dialogue. The theme of the roundtable, which had in attendance stakeholders from different sectors of the economy including the administration of justice sector, was “Combating Corruption and Impunity: The Imperatives of Improving the Effectiveness of Anti-Corruption Mechanisms and the Justice System In Nigeria’’. The Keynote Speaker, Mr. Tayo Oyetibo, SAN, in his paper presentation, said Corruption is a hydra-headed monster and canker worm that has eaten deep into the socio-politico-economic fabric of Nigeria. Oyetibo said the news from both print and electronic media, as well as social network on corruption, corrupt practices and kindred activities is, to say the least, alarming. According to Oyetibo, Nigeria does not need a perfect written Constitution or Legal instrument to achieve good governance, transparency and accountability in the conduct of its political and economic affairs. He said what the country needs, is a body of disciplined, responsive and responsible leaders, inwardly corrupt free individuals genuinely driven by patriotism and nationalism, to run its political and economic affairs. The Senior Advocate noted that, the effect of corruption is pervasive, corrosive and multidimensional, because it cuts across all sectors of the nation ranging from politics, to education, health and economy. “The effects are not peculiar to Nigeria. Thus, the consideration of the effect of corruption on Nations and their Citizens world over, was one of the fundamental reasons for the United Nations Convention Against Corruption. “Electoral process, which is the fulcrum of democratic institutions, has been grossly distorted

with the attendant perversion of the rule of law with impunity. The cumulative effect of all of these in Nigeria, is institutionalised bureaucratic quagmires which have over the years, bogged down the economic development of the nation. “A country, such as Nigeria, that is richly blessed by the Creator, of all things both in terms of human and material resources, has continued to witness slow and stunted economic development. Economic development is particularly stunted, because foreign direct investment is discouraged by corruption and corrupted institutions”, he stated. Oyetibo said, attempts which often come in the way of legislative enactments, establishment of Institutions, formulation of Policies and Judicial intervention, have been made by successive governments to fight corruption. He added that, this clearly showed that there is no paucity of anti-corruption laws in Nigeria, but that the inadequacies of the system and poor leadership have accentuated the problem of corruption. Oyetibo therefore, urged the state to adopt certain measures aimed at improving the effectiveness of anti-corruption mechanism and the justice system in Nigeria. According to him, these measures include Proper and thorough Investigation of Corruption Cases; Avoidance of Undue Delay in the trial of Corruption Cases; Adoption of the Doctrine of Punitory Disgorgement; Establishment of National Crime Data Bank and Issuance of Advisories by Regulatory Agencies. Oyetibo said there was no gainsaying that corruption and impunity constitute the bane of Nigerian society, adding that this underscores the imperativeness of improving the effectiveness of anti-corruption mechanism and justice system in the country. “The leadership in all aspects of our National and private lives, must go beyond rhetoric and take a definite and definitive stance against corruption, through honest living and leading by example. “This singular act, would most certainly, in

a multiplier effect, assure the enforcers of anticorruption mechanisms, that they can discharge their duties without fear or favour. It will also restore the belief in one of the cherished principles of the rule of law, that nobody is above the law. “For us here today, the realisation of the imperativeness of the anti-corruption mechanism and justice system in Nigeria, imposes a duty on us to speak up and act against corrupt practices, so that a national value, ethos and principles which abhor corruption in all ramifications, would evolve. Invariably, this is a clarion call on all of us here, the media inclusive to support the fight against corruption”, he said. For Akin Oyebode, a Professor of International Law and Jurisprudence, University of Lagos, stated that it is hardly an exaggeration that corruption has leveled, perhaps, the most virulent attack on Nigeria’s bodypolitik. Oyebode said despite all the hue and cry over the debilitating consequences of corruption on the country’s socio-political fabric, it is sad but true that, the virus has continued to fester in leaps and bounds. “Indeed, so pervasive has corruption become, that it is now conventional wisdom that if drastic measures are not put in place to contain it, corruption might ultimately result in the mortality of Nigeria as a nation-state. “The sad situation today is that despite its pernicious nature, corruption seems to have found a comfortable nest in the lives and consciousness of many of our people, thereby giving the false and erroneous impression that Nigerians have generally accepted it as a fact of life”, he pointed out. The Professor of Law, said Nigeria has a plethora of laws against corruption and related manifestations of the “ugly and unacceptable faces of capitalism”, adding that it is not enough to have fanciful anti-corruption laws. “It is not enough to have fanciful anti-corruption laws. More important, is the need to get the generality of the popular masses wedded to the crusade, in order to make it a success. The

reticence and lethargy of our people generally, would need to be confronted. Without the cooperation and collaboration of generality of the people, the anti-corruption bodies might end up little more than paper tigers. “Perception, is an important factor in the efficacy of law generally. Therefore, a lot of work still needs to be done, concerning the extent of popular understanding of requisite anti-corruption legislation and appreciation of the commitment of the government to its anti-corruption programme and policy. This necessitates broad mass enlightenment on the various laws, with a view to eliciting the understanding, support and collaboration of the masses of the people. “It is on record that, Nigeria has a set of anticorruption laws reflecting the will and intention of the government to battle the virus to the hilt. However, the efficacy of anti-corruption legislation, coupled with judicial pronouncements and conviction and sentencing of corrupt elements, would require the complement of mass action and commitment arising from general awareness and resolve to collaborate with on-going efforts. Inevitably, government action in this regard must be undertaken, for the anti-corruption struggle to bear fruit”, Oyebode added. Also speaking at the roundtable, Mr. Okoi Obono-Obla in his presentation said, “Corruption is not new, it’s been here from creation of the world, as seen in the biblical story of Esau and Jacob. It’s been one of the major contributory factors to the fall of great empires like the Roman Empire as recorded in history books. “It is a major cause of poverty, and a barrier to overcome it. Corruption is interwoven with tricky and dicey dynamic features. When viewed on a graphical lens, it accelerates ten times faster than the growth of the nation. This has been the reason the fight against corruption seems endless; it has assumed the worrisome syndrome of “The more you look, the less you see”. “In other words, it will seem that the more effort

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Legal Personality of the Week Olatoye Akinbode

‘Hands-on, Practical Experience in a Law Firm is Invaluable’ Till date, this is the only successful defence of an impeachment trial in Nigeria’s history. I also enjoyed the pure political drama of representing President Muhammadu Buhari in various suits seeking to disqualify him from contesting the Presidency in the run- up to the April 2015 general elections. The fate and stability of the country was in the balance at the time, as there was a likelihood that our failure would precipitate an outbreak in violence across the country. It was quite a memorable experience, to view these machinations from a seat of privilege in the first row.

I am Olatoye Akinbode. I am a litigator, I represent clients regularly before the Nigerian courts at all levels. I have over 12 years’ experience in litigation and arbitration, as well as in corporate and commercial practice; advising clients on transactions and complex litigation pertaining to construction and infrastructure development, joint ventures, mergers and acquisitions, banking and finance, insurance and telecommunications. I am currently a Senior Associate at Alex; working in the firm’s Corporate/Commercial, Dispute Resolution and Tax Practice Groups. I am a member of the Chartered Institute of Arbitrators, UK and the Young Members Group of the Nigeria Branch of the Institute. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Every client and/or case comes with peculiar challenges, and I have certainly had my fair share. Generally speaking, one of my challenges has been to fully understand myself, my abilities and limitations, and to learn how best to bring these to bear, as I work with colleagues to achieve the client’s desired objectives. What was your worst day as a Lawyer? Although I am commercial lawyer, over the years I have represented a number of accused persons in criminal trials and appeals, in respect of capital offences. It is always difficult to deal with losing such cases, because the consequences are very stark for the accused person. My worst days have always been those where, in spite of my best efforts, criminal proceedings have

Olatoye Akinbode

ended with a conviction and sentence, especially where I have been convinced of the innocence of the accused. Being unable to help someone who you believe to be innocent, is always a tough pill to swallow. What was your most memorable experience? I have been fortunate to have quite a number of memorable experiences, notable among which are career milestones such as my work on NNPC’s legal team in the NNPC v IPCO dispute; and participating, along with Chief Udechukwu Nnoruka Udechukwu, SAN, Funke Aboyade, SAN and Professor Ernest Ojukwu, SAN, in the successful defence of the Nasarawa State Governor, Tanko Al-Makura, in impeachment proceedings initiated by the State House of Assembly 2014.

Who has been most influential in your life? The most influential persons in my professional life have been the senior lawyers who have patiently mentored me over the course of my career, particularly those at Babalakin & Co., where I began my law career. If I was pressed to choose one person who has been the most influential in my professional life, then I would say Mr. Wale Akoni, SAN. I have very fond memories of working closely with him at Babalakin & Co., particularly on the NNPC v IPCO dispute. I remember him frequently advising me and other young lawyers at the firm that, “competence should be your specialty”; words that have since become indelible in my mind. Why did you become a Lawyer? I was a curious, troublesome, (sometimes) quarrelsome and very pedantic child, so a career in law always seemed inevitable! On a more serious note, while I had always wanted to become a lawyer, I had become a little disillusioned with law by the time I graduated from university. I briefly considered skipping Law School

but a 6-month internship at Babalakin & Co. in the months between obtaining my Law degree and enrolling in Bwari, changed my perspective completely. I walked into the reception for the first time nervously questioning my career choice, but left to begin my education at the Law School on fire with a renewed passion for the profession. What would your advice be to anyone wanting a career in Law? A hands-on, practical experience of working in a law firm is invaluable. It certainly made all the difference for me. My very first experience of the legal profession, was at the offices of Chief S. M. Olakunri & Co., where I clerked for a few months as a fresh-faced secondary school leaver awaiting admission to the University of Lagos. My second experience was the more pivotal one at Babalakin & Co., just before I enrolled at the Nigeria Law School. My advice would be to find a law firm to intern at, and to throw yourself into learning what law practice has to offer. If you had not become a Lawyer, what career would you have chosen? Perhaps a writer; I have freelanced for a few publications in the past including THISDAY LAWYER of Thisday Newspapers, where I ran my own column “Cheeky lawyer” for about a year. I still hope to write a book someday. Where do you see yourself in ten years? Ten years ago, I could not even have begun to imagine where I am now, so I try not to make plans too far into the future. But, in ten years, I would like to imagine that I would have found even deeper fulfilment in my chosen path.

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Who May Collect Taxes From Business Names?

S

hort answer: It depends on the nature of the business name – whether it is run or operated by an individual/ individuals, a firm or a company. I believe that, this is the effect of relevant statutory and constitutional provisions which we shall shortly review. But, why does it matter? It matters and, indeed, is topical, in my view, because of the apparent confusion of the pre-eminent tax collection authority in Nigeria, the Federal Inland Revenue Service (FIRS) that its remit includes taxes payable by all business names alike, without discrimination, whether they belong to individuals, firms or otherwise. I believe that this confusion, is manifest from the on-going practice of the FIRS, of collecting withholding taxes from payments made to such persons/ firms for services rendered or goods supplied by them, to agencies of the Federal Government. Is the FIRS legally justified to do so? Given that the Constitution empowers only the Federal Government to collect taxes from companies or corporate bodies, does that practice suggest that all business names are invariably companies? We shall presently investigate, but first .... What is a Business Name? By virtue of Section 57(1) of the Companies and Allied Matters Act (CAMA), every individual, firm or corporation having a place of business in Nigeria and which carries on business under a business name, is required to be registered if:(i) “In the case of a firm, the name does not consist of the true surname of all partners without any addition other than the true forenames of the individual partners or their initials; (ii) In the case of an individual, the name does not consist of his true surname without any addition other than his true forenames or their initials; and (c) In the case of a corporation, the name does not consist of its corporate name without any addition” Section 588(1) of the Act defines “a business name” as “the name and style under which any business is carried on, whether in partnership or otherwise;” it also defines a “firm” as “an unincorporated body of two or more individuals or one or more individuals and one or more corporations or two or more corporations, who or which have entered into partnership with one another with a view to carrying on business for profit”; while “business” is defined as “any trade, industry and profession and any occupation carried on for profit.”

incurred under that name. Furthermore, unlike limited liability companies and incorporated trustees, business names lack perpetual succession – see Sections 37 and 596 of CAMA. It is for these reasons, that the law regards the assets of a firm of partners or a sole proprietorship, as no different from those of the partners or individuals who own the business. It follows that the incomes, profits and any capital gains made by such entities, are personal and not corporate. To that extent, they ought to be subject to the jurisdiction of the State Boards of Internal Revenue and not the Federal Board of Inland Revenue. I submit that, this is the implication of a dispassionate analysis of the aforesaid taxation laws, which are required to be interpreted strictly: 7-UP BOTTLING CO. v L.S.I.R.B. (2013) 2 NRLR 105

What about “Companies”? Section 19(1) of CAMA forbids any association consisting of more than twenty persons from carrying on business for profit unless it is registered as a company under the Act, except by virtue of some other subsisting enactment. Legal practitioners, accountants and co-operative societies are however exempted: Section 19(2). Apart from the foregoing, Section 567(1) of the Act proffers the only other definition of a “company” as, inter alia, “a company formed and registered in Nigeria under this Act or, formed and registered in Nigeria before and in existence on the commencement of this Act.” Taxation under the Constitution By virtue of Item 59 of the Exclusive Legislative List of the 1999 Constitution, the National Assembly enjoys a monopoly over the taxation of incomes, profits and capital gains, except as otherwise provided by the Constitution. Item 7(a) of the Concurrent Legislative List of the Constitution further provides that “In the exercise of its powers to impose any tax or duty on capital gains, incomes or profits of persons other than companies, the National Assembly may, subject to such conditions as it may prescribe, provide that the collection of such tax or duty or the administration of the law imposing it, shall be carried out by the Government of a State or other Authority of a State.” It can be seen that the key phrase in the provision is, “persons other than companies.” It is obvious that, having regard to the definition of “company” above, this excludes individuals or human beings (known as “natural persons” in law). In other words, the National

"TO ILLUSTRATE, THE WITHHOLDING TAX DUE ON A CONTRACT FOR LEGAL SERVICES AWARDED BY A FEDERAL MINISTRY IN ABUJA TO AN ENUGU-BASED LAW FIRM (A BUSINESS NAME), WHICH IS TO BE WHOLLY EXECUTED IN ENUGU, OUGHT TO BE COLLECTED BY THE ENUGU STATE INTERNAL REVENUE SERVICE, AND NOT THE FIRS AS IS PRESENTLY THE CASE"

Assembly can only empower State Governments to collect taxes payable by individuals or natural persons; it cannot empower the Federal Government or any of its agencies to do so. This distinction is crucial, as we shall soon see. In pursuance of Items 59 and 7 of the Exclusive & Concurrent Legislative Lists of the Constitution, respectively, the National Assembly enacted (or is deemed to have enacted) the Taxes and Levies (Approved List for Collection) Act 1998, as amended. Items 1, 2, and 6 of Part 1 of the Schedule to this Act empower the Federal Government to collect “companies income tax, withholding tax for companies and capital gains tax on bodies corporate,” respectively. By contrast, Items 1 – 4, of Part II of the Schedule to the Act, empowers State Governments to collect, inter alia, Personal Income Tax (Pay-as-you-earn and direct taxation by self- assessment), Withholding Tax for individuals and capital gains tax for individuals. And, finally . . . Who, as between the Federal Board of Inland Revenue and State Boards of Internal Revenue, is competent to collect taxes payable by persons or firms carrying on business as business names? The FIRS is the operational arm of the Federal Board of Inland Revenue. Similar structures in the States, are the State Internal Revenue Services: See Section 87 of the Personal Income Tax Act, 1993, as amended; they are responsible for “the collection of all taxes and penalties due to the (State) Government under the relevant laws”. The foregoing constitutional and statutory provisions make it plain that a business name, is but a convenient tool – a moniker of sorts – for carrying on business by a person or group of persons who, unlike limited liability companies and incorporated trustees, lack legal personality: YUSUFF v ADENIJI BROS (1991) 7 NWLR pt. 201 pg. 39 This means that while the latter are distinct from their members in all things including their property (see UNION BANK v PENNY-MART (1992) 5 NWLR pt. 240 pg. 228 @ 237), owners of business names are personally liable for any liability

The Particular Case of Withholding Taxes As previously alluded to, the FIRS has been collecting withholding tax at source from the fees paid to professional and others who do business with Federal Ministries, Departments and Agencies (MDAS), using their business names. Withholding tax is an advance or indirect payment of tax required by law to be withheld by a party, for onward transmission to the relevant tax authority, from a payment made to another party for goods sold or services rendered. See ADDAX PETROLEUM v F.I.R.S. (2012) 7 TLRN 74 @ 87. From the foregoing discussion of the constitutional remit of the National and State Houses of Assembly, in respect of the collection of taxes, I submit that, with the exception of residents of the FCT(vide Item 2 of Part 1 of the Schedule to the Taxes and Levies (Approved List for Collection) Act), any tax payable on the incomes, profits and capital gains of individuals who trade as business names or firms, are collectible by the Governments of the State from which they were derived or earned. To illustrate, the withholding tax due on a contract for legal services awarded by a Federal Ministry in Abuja to an Enugu-based law firm (a business name) which is to be wholly executed in Enugu, ought to be collected by the Enugu State Internal Revenue Service, and not the FIRS as is presently the case. This practice is particularly worrisome, because of the continuing failure of the Service to furnish such entities with credit notes in respect of such taxes, as it is legally obliged to. Conclusion To the extent that the Federal Inland Revenue Service has been collecting taxes from business names operated by individuals, on the apparent assumption that they are companies, that practice – except in Abuja, FCT– is inconsistent with relevant statutory and constitutional provisions. In a nutshell, therefore, a business name operated by an individual or firm anywhere in Nigeria, except Abuja, is not a company within the contemplation of either the Constitution or the Taxes and Levies (Approval List for Collection) Act, to bring it within the tax-collection remit of the Federal Inland Revenue Service.

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What Constitutes a Gift or a Bribe to a Judicial OfďŹ cer? In the groundswell to the forthcoming elections into national ofďŹ ces of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN, a serious contender for the ofďŹ ce of NBA President, suddenly ďŹ nds himself in the eye of the storm, when a human rights Lawyer, Academic and former Chairman of National Human Rights Commission, Chidi Odinkalu, made allegations that Usoro doesn’t possess the moral rectitude to lead the Bar, against the background of accusations that he bribed a serving Judge of the National Industrial Court. While Odinkalu contends that, Usoro’s complicity in the bribe allegation against Justice Agbadu-Fishim should disqualify him from contesting for the ofďŹ ce of NBA President, Usoro points out that he only gave the Honourable Judge a gift and not a bribe. This is the Cross-Fire!

Usoro Has a Case to Answer in Bribery Allegations - Odinkalu

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he question of how the legal profession in Nigeria deals with the challenges of renewing its values and preparing for the challenges of a difficult future for the Bar, is likely to be at the heart of the contest for a new leadership of the NBA to be elected in 2018. Despite its best efforts – or may be because of them - the present leadership of the NBA, appears to have purchased for itself an early onset to the contest. There will be a season to choose from among the auditioning aspirants. That season is not yet immediately upon us. It appears presently, that there could be up to five aspirants for the position of President of the NBA. However, the issue of the standards and values that should govern the choice between the aspirants who evolve into candidates in the contest has now, however, become a major subject in the campaign. Those issues bear upon the kind of Bar we wish to build, and will have consequences for Nigeria’s legal profession beyond our borders. In this brief article, I will try to lay out the facts and address their implications. The Judge Who Enjoys Gifts From Litigants In July 2017, the Economic and Financial Crimes Commission (EFCC) arraigned James Agbadu-Fishim, a serving Judge of the National Industrial Court, before the High Court of Lagos State in Ikeja, on multiple counts of unlawful enrichment. The Commission charged the Judge with receiving different sums totalling 4.4 million Naira from nine lawyers, including seven SANs over two years from 2013 to 2015 (Vanguard, July 11,2017 - Unlawful Enrichment: Justice Agbadu-Fishim Arraigned Over Alleged N4.4m Gratification). Among the SANs named in the EFCC documents as having been involved in this enterprise, were Felix Fagbohungbe, Paul Usoro, Uche Obi, Muiz Banire, Adeniyi Akintola, Gani Adetola Kazeem and Joseph Nwobike. The trial remains on going, and no inferences as to the guilt or innocence of the Judge or named

persons, are warranted at this time. One of the named facilitators in these charges, Paul Usoro, SAN, admitted indeed giving the Judge N450,000 in two instalments of N250,000 and N200,000 respectively. One payment, according to him, was to contribute to the Judge’s vacation costs. The other was a contribution towards the burial costs of a member of the Judge’s family, whose identity, however, Mr. Usoro cannot remember. Mr. Usoro is the principal and name partner in the law firm of Paul Usoro and Company, which, it should be clarified, is not a limited liability company. As such, there is no question here of separate personality of the firm from its constituent partners. Even if there were, this would be a justifiable case for lifting the corporate veil. The firm has a very active portfolio of cases in the National Industrial Court. At the time of these payments, it had about 36 cases before the court. When Mr. Usoro made the first payment to the Judge, his firm did not have any case before James Agbadu-Fishim. By the date of the second payment, however, the firm was acting on behalf of Access Bank PLC, in a case before the Judge. At no point were the lawyers on the other side informed. Mr. Usoro conscientiously points out that, he did not personally act in any of these cases. The payments were acknowledged in digital messages exchanged between Mr. Usoro and the Judge who was presiding over a case being conducted by his juniors. None of these, were brought to the attention of the lawyers on the other side. An Ambition that Will Not Suffer Abeyance I have gone on record to say in the face of these facts, the prudent thing, is for Mr. Usoro to put his ambitions to lead the Bar in abeyance, while he either clears his name or awaits the outcome of the prosecution of James Agbadu-Fishim. In his defence, Mr. Usoro cites Rule F(2) (i) of the Code of Conduct for Judicial Officers in the Federal Republic of Nigeria which permits a judicial office to accept “personal gifts or benefits from relatives or personal friends to

No, My Hands Clean – Usoro

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Chidi Anselm Odinkalu

such extent and on such occasions as are recognised by custom.� The defence would have been laughable, if it did not come from a senior lawyer. But it does and I will address it. Three things may be said about Mr Usoro’s defence. First, it is strange, at best, to suggest that it is customary for lawyers of any age at the Bar, to pay for or contribute to the vacation costs of Judges. That is plainly not safe territory to tread. Lawyers have no business with that. Second, it is not up to a lawyer to plead in defence of his conduct, the Code of Conduct applicable to Judges. The rules applicable to lawyers are found in the Rules of Professional Conduct (RPC), 2007. Rule 34 of the RPC provides: “[a] lawyer shall not do anything or conduct himself in such a way as to give the impression or allow the impression to be created, that his act or conduct is calculated to gain, or has the appearance of gaining, special personal consideration or favour from the judge.� The objective of this rule is clear - to preserve the reputation of the judicial system for fairness. When lawyers give undisclosed payments to Judges, it is difficult to see beyond Rule 34. Third, in one of his famous letters to Harold Laski, Oliver Wendell Holmes “wished that people could be persuaded to realise that judges are human beings.�(Mark De Wolf Howe (ed), HolmesLaski Letters p.845 (1953)). This point does not need belabouring. Even if it is true that the Judicial Code of Conduct, allows Judges to accept gifts under certain circumstances, it does not imply or suggest that such gifts should come from lawyers, or partners in firms that have pending cases before such Judges. Such

NBA President, A.B Mahmoud, SAN

Paul Usoro, SAN

exchange of value from lawyer to Judge, breaches the general duty of lawyers to preserve the reputation of the judicial process as a system “which ensures a fair process and just outcomes�. By way of a contemporaneous illustration, the former Chief Judge of Enugu State, Innocent Umezulike, is currently being prosecuted for circumstances arising from a donation of 10 million Naira, made at the launch of his book, ABC of Contemporary Land Law in Nigeria, by a litigant with pending litigation before him, Prince Arthur Eze, Chief Executive Officer of Oranto Petroleum Ltd. In this case, the payment of the donation was made through Prince Arthur Eze’s company’s Fidelity Bank account. (N10 million Fraud: How Enugu Chief Judge, Umezulike Misled NJC - Witness Sahara Reporters, December 2, 2017). Sadly, these facts portray a Bar that cannot govern itself, or to any extent that it can, has one set of rules for young or poor lawyers, and another set for its leaders and SANs. It is doubtful that a young lawyer would have escaped disciplinary sanctions, on the same facts. The issues in this case are straightforward enough. As usual in Nigeria, however, they will be personalised. But, they go to

"I HAVE GONE ON RECORD, TO SAY IN THE FACE OF THESE FACTS, THE PRUDENT THING IS FOR MR. USORO TO PUT HIS AMBITIONS TO LEAD THE BAR IN ABEYANCE, WHILE HE EITHER CLEARS HIS NAME OR AWAITS THE OUTCOME OF THE PROSECUTION OF JAMES AGBADU- FISHIM"

the root of the kind of Bar we would like to build in Nigeria. In the past week, I have been called by two Presidents of Bar Associations in two different countries in East and Southern Africa, and a leading member of the Africa Sub- Committee of the Bar Council in England and Wales, who heard about these facts, asking separately whether this case had gone before the Disciplinary Committee of the Bar and, if so, what the outcome was. I responded that it had not. They were incredulous. One of them suggested that I was making this up. I could only respond that I wished I was. A Bar Led by Impunity is Not Sustainable We must admit that sustaining or growing traditions of excellence at the Bar, is not easy at this time. Many factors account for this. Some are exogenous to the Bar, and others, less so. Three are most relevant for our present conversation. First, Peter Drucker famously distinguished between management and leadership, as the difference between doing things right and doing the right things. In both the country and at our Bar - for the most part - there is a tendency to do neither leadership nor management in this sense. The system of rewards in public and professional spaces in Nigeria, is determined for the most part by perverse incentives. This is also true for the Nigerian Bar. Second, demographic growth at the Bar, is putting considerable pressure on the livelihoods of new intake, creating the impression that values are somewhat expendable in the pursuit of daily subsistence. Third, the landscape of the world CONTINUED ON PAGE 10

e have read with utter disbelief and horror, Chidi Odinkalu’s recent hate campaign against Mr. Paul Usoro, SAN FCIArb using as peg the well publicised gifts totalling N450,000.00, that were given to Honourable Justice James Agbadu-Fishim of the National Industrial Court by Mr. Usoro, in 3 (three) tranches of N250,000.00, N100,000.00 and N200,000.00 over a period of almost 8 (eight) months spanning August 2014 to March 2015. The circumstances of Mr. Usoro’s gifts to His Lordship has been fully set out and detailed in Mr. Usoro’s 3 (three) letters of 31 October, 2016, 07 November, 2016 and 23 November, 2016 to the Economic & Financial Crimes Commission (“EFCC�) which are already in the public domain and require no regurgitation save to summarise, for the purposes of this writeup, the circumstances as follows: r .S 6TPSP BOE "HCBEV 'JTIJN + have been friends and were known to each other long before His Lordship joined the Bench. r .S 6TPSP EPFT OPU HFOFSBMMZ IBOEMF or even directly supervise National Industrial Court (“NIC�) matters in Paul Usoro & Co., (PUC)’, and that is because Mr. Usoro has competent and skilled colleagues within PUC who work on these matters in consequence whereof, those matters do not require his personal attendance and/or attention. In particular, prior to the EFCC enquiry in October 2016, Mr. Usoro had no knowledge of or visibility in the sole matter which our Firm has ever handled before Agbadu-Fishim J – NICN/PH/150/2014 (Olusegun Olalekan Osho v Access Bank Plc) [“PH/150�). r 0O "VHVTU BCPVU NPOUIT PRIOR to instructions on PH/150 from Access Bank Plc in December 2014, Mr. Usoro made the first gift of N250,000.00 to His Lordship. Only with the gift of clairvoyance – which Mr. Usoro does not possess – could Mr. Usoro have foreseen that PH/150, would be assigned to PUC as at the date when he made that first gift to Agbadu-Fishim J. r "MM UIF UISFF HJGUT XFSF NBEF by Mr. Usoro at the request of AgbaduFishim J, and none was related to PH/150. These were requests based on a longstanding friendship between Mr. Usoro and His Lordship, and this fact is borne out by the text messages (which were analysed by EFCC) sent by His Lordship to Mr. Usoro requesting for assistance. None of these messages remotely mentioned

PH/150. r "T BU .BSDI XIFO UIF third and final gift of N200,000.00 was given by Mr. Usoro to Agabadu-Fishim J, Access Bank had agreed to pay PUC only N700,000.00 in full and final payment for handling PH/150, and no portion of the fees had been paid to the Firm. Even if Mr. Usoro was the type that offers bribes for anything (which he most definitely is not), it is rather preposterous to suggest that Mr. Usoro would have, as at the said date, decided to “bribe� Agabadu- Fishim J with N450,000.00 – about 65% of the then agreed fees – in a matter that was non-contentious and by no means in the league of the complex, headline and nationally acclaimed litigation that Mr. Usoro routinely handles.. r .S 6TPSP QPJOUFEMZ DBUFHPSJDBMMZ and consistently disclaimed any suggestion that he bribed or wished “to induce Honourable Justice Agbadu-Fishim or any other judicial officer�, and stated in his letters to EFCC that he “does not bribe or induce Judges�, and “has never bribed or induced any Judge�. r "T DPOTJTUFOUMZ IJHIMJHIUFE CZ .S Usoro, “Rule 3 of Code of Conduct for Judicial Officers in its Paragraph F which was applicable at all times, relevant to this issue, permits judicial officers to accept ‘personal gifts or benefits from relatives or personal friends, to such extent and on such occasions as are recognised by custom�. All the gifts to Agbadu-Fishim “are recognised by custom� in all parts of Nigeria as occasions for such “personal gifts . . . from personal friends� to judicial officers – one of those illustrative occasions was the burial of Agbadu-Fishim J’s relative, which Mr. Usoro could not attend, but sent financial assistance in lieu. r "T BU UIF EBUFT PG .S 6TPSP T letters to the EFCC, PH/150 had not progressed beyond being a part-heard matter, and indeed was scheduled to commence de novo consequent upon Agbadu-Fishim J’s transfer from Enugu Division of the NIC. At no time material to this write-up, had Agbadu-Fishim made any Ruling or Order in PH/150 other than routine adjournments. Absolutely nothing was done in the conduct of this matter by Agbadu-Fishim J that suggested, even remotely, the favouring of one party over the other and nobody, not even the opposing Counsel, has made any such suggestion. The Records of Proceedings are of course, available for any and all to inspect and study. Even as we write, the Suit is yet to commence de novo. The contents of Mr. Usoro’s letters to the EFCC, have not been factually disputed howsoever, by anyone. Mr Usoro has not been charged to court for any infraction whatsoever and yet,

"THE MISCHIEVOUS INTENT AND INTELLECTUAL DISHONESTY IN CHIDI ODINKALU’S WIDELY PUBLICISED HATE CAMPAIGN, DRIPS ALL OVER HIS PUBLICATIONS....."

Chidi Odinkalu claims in his recent hate publications, that “Paul Usoro is charged with having bribed James Agbadu-Fishim� and that Mr. Usoro admitted “to having bribed a Judge�. These are wholly untrue statements. As if these mischievous publications were not sufficient, Chidi Odinkalu proceeded further to purportedly conduct a vox populi to determine whether “when a lawyer pays N450k to a judge before whom his firm has a case (without telling the other side), it’s called (a) charity; (b) bribe; or (c) donation� and according to him, the overwhelming majority of respondents classified it as “bribe�. That is a rather strange method, for a Lawyer to determine the commission of a crime. In point of fact, Chidi Odinkalu does not need to conduct a poll to determine what constitutes bribe and the ingredients thereof and its applicability to the present matter. Section 18(b) of the Corrupt Practices and Other Related Offences Act, Cap C31, Laws of the Federation of Nigeria 2004 (“ICPC Act�), could have easily and readily instructed him on what constitutes the ingredients of the offence of bribery, based on the specification thereat as follows: 18(b) “Any person who offers to any public officer, or being a public officer solicits, counsels or accepts any gratification as an inducement or a reward for . . . performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of any official act . . . is, notwithstanding that the officer did not have the power, right or opportunity so to do, or that the inducement or reward was not in relation to the affairs of the public body, be guilty of an offence and shall on conviction be liable to five (5) years imprisonment with hard labor�. Elementary criminal law teaches us, Lawyers, based on the afore-quoted provision of the ICPC Act, that there must be both mens rea and actus reus, for there to be the criminal conduct of bribery. Surely, Chidi Odinkalu must be familiar with these terms and their import, in the determination of criminal CONTINUED ON PAGE 10

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USORO HAS A CASE TO ANSWER IN BRIBERY ALLEGATIONS - ODINKALU of work, is being rapidly transformed by new technologies in a manner that is bewildering for both the young lawyer in Nigeria and the leadership that should prepare her to meet this new world. These issues of systems, values and how we manage the changing context of the 21st century to prepare the Bar for the tasks of lawyering for the future, presents multi-faceted challenges for all at the Bar. In his 2010 paper, “Morality, Integrity and Ethics in the Practice of Law in Nigeria: Myth or Reality?”(3rd SPA Ajibade & Co., Law Luncheon, November 25, 2011), Yemi Candide-Johnson, SAN, complains about the tyranny of the “urgency of (short term pecuniary) profit” at the Nigerian Bar, laments “the collapse of judicial integrity”, and rightly concludes that: “there is, therefore, considerable agreement amongst the leaders of our profession, that the reputation of our law practice is low”, an “adverse characterisation [that] does immense discredit to the superlative capacity of many hidden lights in this profession”. This adverse characterisation, reflects a dysfunctional value system at the Nigerian Bar. In its 2007 report, the Task Force of the Law Society of Upper Canada on the Rule of Law and the Independence of the Bar, underscored the importance of values to the independence of the legal profession. According to the Task Force, ‘[l]lawyers owe a duty to the justice system as ‘officers of the court’, which ensures a fair process and just outcomes.”When lawyers behave badly and get away with it, the value reputation of the system for “fair process and just outcomes”, is eternally compromised. This is why Rule 34 of the RPC exists. Yet, in many facets of legal practice, the perception has long been in existence, that those who get ahead in lawyering in Nigeria are now mostly those prepared to live in breach of Rule 34. This does not mean that all, or even most in the legal profession, are ethically challenged or criminally compromised. The point is that, the ethically challenged appear to have overwhelmed those who are not in the earnings, governance and visibility stakes in the profession. The imputation that Nigeria’s legal profession is hopelessly corrupt and

Justice James Agbabu-Fishim

corruptible, is widely held and more illustrations of this tendency break cover daily. In May 2015, the Legal Practitioners Disciplinary Committee disbarred Kunle Kalejaiye, SAN, reportedly for, among other things, “conduct incompatible with the status of a legal practitioner”, which included intimate communications with a judge in a case without the knowledge of the other party (Tobi Soniyi, “Nigeria: Lawyers’ Disciplinary Committee Disbars Kalejaiye, SAN, This Day, May 21, 2015). In a terrible fortnight for Nigeria’s legal profession in 2016, at least two senior judges and a senior lawyer, were arraigned on charges of unlawful conduct impinging on the integrity of judicial institutions and the legal profession; the legal adviser of the ruling All Progressives Congress Party (APC) had to “step aside” for being implicated in alleged unethical payments to a judge; (Ben Ezeamalu, “APC Legal Adviser Accused of Bribing Judge Offers to Step Aside”, Premium Times, November 7, 2016), and another senior lawyer

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Kunle Kalejaye

admitted giving a Judge of the National Industrial Court N450, 000, including a contribution allegedly paid towards the Judge’s vacation costs (Wale WilliamsSmith, “I gave N.45m Gift Not Bribe to Justice Agbadu-Fishim, Paul Usoro”, Today, November 5, 2016). These are significant developments, symptomatic of a pattern that we must be alive to. They go to the very foundations of not just public trust in the judicial system, but of sustainability of elective government in Nigeria. With these examples from supposed leaders of the Bar, young lawyers may be forgiven for suffering a crisis of values and direction. The problem is that, this crisis has real consequences, because it afflicts every lawyer in the country with a damaging reputational and skill deficit. In 2010, Yemi CandideJohnson, SAN summed up the rewards of this severely corroded reputation of Nigeria’s legal practice and establishment quite firmly: “So, you can come first in your class

at Cambridge University and return to Nigeria to be displaced, long distance, in your profession by the boys that you bested a few years before. It still happens every day. It is not because of skill and ability. Rather it is because of reputation and integrity”. Yogi Bera warned us not too long ago that, “the future ain’t what it used to be”. Spanish writer, George Santayana, told us that, those who cannot remember the past, are condemned to repeat it. In 1993, the English space rock group, Hawkwind released their 18th Studio Album under the title “[I]t is the business of the future to be dangerous”. The Nigerian Bar has a clear choice, as to what values it desires to lead it into this dangerous future. It will not be sustainable if it makes the wrong choices. Chidi Anselm Odinkalu, Interim Chair, Section on Public Interest and Development Law (SPIDEL), at the NBA. He writes in his personal capacity.

Lawyer pays N450k to a Judge before whom his firm has a case (without telling the other side) it’s called (a) charity; (b) bribe; or (c) donation”? Does the framing of that question inform the respondent or reader that when the first N250,000.00 (more than half of the quoted sum) was gifted by Mr. Usoro to Agbadu-Fishim J in August 2014, PUC had absolutely no matter before the Judge, and that Agbadu-Fishim J and Mr. Usoro have been friends long before the Judge joined the Bench on which basis Mr. Usoro responded to AgbaduFishim J’s requests for assistance in the three instances in issue? No, it does not, even though, at the time of his vox populi conduct, Chidi Odinkalu had on hand Mr. Usoro’s 3 letters to the EFCC and was well aware of these facts. His omission of these fundamental details was clearly intentional, and amounted to willful misrepresentation and distortion and manipulation of facts aimed at arriving at a preconceived notion, apart from showing total disrespect for the intellect of his readers. This, of course, is not to condone howsoever, the use of unorthodox ‘room-and-parlour’ vox populi methods to determine a purely and straightforwardly legal issue. Trained Lawyers, do not determine legal questions in that manner. It finally remains to address the on-going arraignment of AgbaduFishim J before the Lagos State High Court. on several counts, all hinged on Section 82(a) of the Criminal Code Law of Lagos State No. 11 of 2011 which stipulates thus: 82(a) “Any public official who . . enriches himself so as to have a

significant increase in his assets that he cannot reasonably explain the increase, in relation to his lawful income . . . is guilty of a felony and is liable to imprisonment for seven years”. Considering that this matter is sub judice, we would refrain from commenting thereon save to point out that (a) it is not a bribery charge; (b) Mr. Usoro is not a co-accused in this matter; and (c), as it relates to Mr. Usoro, His Lordship is required in this Charge, to “reasonably explain” the monies that were gifted to him by Mr. Usoro, the circumstances of which are well set out in Mr. Usoro’s letters to the EFCC which is already in the public domain. Yes, Mr. Usoro is listed as a witness in those proceedings, but his evidence for the prosecution, can only be in the terms of his 3 letters to the EFCC none of which remotely raises the spectre of bribery. Very finally, we want to thank all who have come to Mr. Usoro’s defence in this matter, and to assure everyone that Mr. Usoro is an extremely hard-working Lawyer, who utilises his God-given talents – and he is generously endowed by the Almighty in that regard, even as we remain eternally grateful to Him for this – in the practice of his profession. The keys to his success are essentially God’s Supreme Grace, his hard-work and his intellect and all who know him – Lawyers and non-Lawyers alike – will readily attest to this. He therefore, has no need or inclination to bribe and/ or induce judicial officers or any other person, in order to succeed in his practice of law. Munirudeen Liadi, Partner, Paul Usoro & Co

NO, MY HANDS CLEAN – USORO CONTINUED FROM PAGE 5 culpability. In this instance, where does Chidi Odinkalu locate the mens rea against Paul Usoro, SAN and where is the actus reus? Beyond his misrepresentations and mouthy allegations (which do not amount to proof or facts howsoever), does Chidi Odinkalu have any factual proof that Mr. Usoro offered to AgbaduFishim J “any gratification as an inducement or a reward for” doing absolutely anything, in the terms of Section 18(b) of the afore-quoted ICPC Act? If he does, he needs to present and publish such proof immediately, or forever remain silent. Knowing that he cannot succeed in law, Chidi Odinkalu has feebly attempted to raise a moral question, suggesting that it is morally wrong for a Counsel to gift anything to a sitting Judge. As always, Chidi Odinkalu is also wrong on this point. By our Nigerian cultures and based on religious principles, we are all obliged to show humanity to persons in need, not least, our friends and relatives, be they judicial officers or not. We indeed, abhor and reject the presumption that a judicial officer who receives a gift from a practicing Lawyer, is ipso facto bent and corrupt. Such a negative notion, is wholly erroneous and abysmally unfair to our upright and hard-working judicial officers who, despite their offices, remain friends and relatives of practicing lawyers even as they dispense justice fairly to one and all. Be that as it may, we note that Chidi Odinkalu’s primary platform for the publication of his hate message, was not morality but law, and it is on the basis of law that we assert most emphatically,

based on the facts contained in Mr. Usoro’s letters to the EFCC, that Mr. Usoro committed no wrong or infraction whatsoever, whether under the ICPC Act or under the extant Code of Conduct for Judicial Officers or under any other known law in Nigeria. If Chidi Odinkalu has facts that contradict the contents of Mr. Usoro’s letters, he is welcome to publish them, but he must know that facts are sacred and also that vacuous allegations, no matter how vociferously mouthed and disseminated, is in the nature of suspicion, which, no matter how strong, does not amount howsoever to proof. In this instance, there is even no basis for suspicion given the facts as earlier summarised by us in this writeup. The mischievous intent and intellectual dishonesty in Chidi Odinkalu’s widely publicised hate campaign, drips all over his publications and we would only highlight two illustrative instances thereof. First, until Mr. Usoro’s public dissemination of his letters to the EFCC, Chidi Odinkalu failed to hear Mr. Usoro’s side on this issue. One would have thought that, as a supposed human rights activist, Chidi Odinkalu is familiar with the principles of audi alteram partem which required that he, at the minimum, hear Mr. Usoro’s side, before setting out on his hate mission. And we know for a fact that Chidi Odinkalu has Mr. Usoro’s contact details, and could easily have reached him. So much for “human rights activism”. Second, we invite you, our dear readers, to please, read again, the framing of Chidi Odinkalu’s vox populi question quoted above to wit “when a

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Looking Forward to a Better Judiciary in Lagos This article by Chief Kunle Uthman, discusses the qualities of a good Judge, the parameters of appointing a Chief Judge of a State, and why he believes that the convention of appointing the most senior Judge to the position of Chief Judge of a State, ought not to be the sole parameter

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he Judiciary, is that branch of government invested with the judicial powers; the system of courts in a country; the body of Judges; the Bench. That branch of government, which is intended to interprete, construe and apply the law. According to 'Bryce', 'Modern Democracies ': “There is no better test of the excellence of a government, than the efficiency of its judicial system”, for nothing more nearly touches the welfare and security of the citizens, than their knowledge that they can rely on the certain, prompt, and impartial administration of justice. The Judge, therefore, fulfills and performs a very important role in society, and it is important to choose men and women of honesty, impartiality, independence and legal knowledge, to be appointed as judges. The qualities of a good judge are explicitly stated in the 'Academic Journal of Interdisciplinary Studies' March 2014 Edition thus: "A Judge is the pillar of the entire justice system and the public expects highest and irreproachable conduct from anyone performing a judicial function. Judges must endeavour for the utmost standard of integrity in both their professional and personal lives. They should be knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are clear, logical and cogent. Their judgement should be sound, and they should be able to make informed decisions, that will stand up to close scrutiny. Judges should be fair and open-minded, devoid of any kind of political fervour". The Chief Judge of a State The Chief Judge of a State is primus inter pares among the Judges of the State, and also the head of the judicial arm of government. The position is usually occupied by the most senior Judge in hierarchy as a convention and practice, which is rarely deviated from, except in most exceptional and extraordinary circumstances that shows that the most senior judge is not capable of performing the onerous responsibilities of that Office. It is, therefore, easy to project succession based on seniority and dates of retirement. This conventional norm, also has numerous advantages and disadvantages, because it has embedded therein some rivalry, competition and preparation for succession and a "turn-by-turn mentality", which promotes unnecessary competition. However, the State Judicial Service Commissions, are required to forward the names of 2 (two) nominees to the National Judicial Council (NJC) for consideration to the Office of Chief Judge of a State, after scrutiny and interviews. Therefore, the bulk of the responsibility to ascertain the suitability or otherwise of a person as Chief Judge, is with the State Judicial Service Commission (JSC) to ensure that 'fit and proper' persons are recommended for consideration, irrespective of seniority, and where the most senior is a person that lacks integrity and the qualities of the exalted office, he/she should be skipped in preference for the next person. Parameters for Appointing a Chief

of cohesive visionary continuity for the system, rivalries and lack of good policy thrust, which ought not to be pivoted on the individual incumbent, but the justice delivery system at large. The tenures of most of these Chief Judges were short and one Chief Judge in the State spent less than one year.

Lagos State Chief Judge, Hon. Justice Opeyemi Oke

Judge In the recent past, it has become Crystal Clear that seniority ought not to be the sole parameter for the appointment of the Chief Judge of a State, and that other parameters, should necessarily be considered in determining the suitability of proposed persons to occupy that exalted office. The other considerations should include, but not limited to the following: What is the performance of the Judge whose name is to be recommended as a Judicial Officer? What is his/her relationship with other Judges, Magistrates and other Judicial officers? What is the opinion of the Bar, the Bar Association and Lawyers of the proposed nominee? What is the quality of Judgements delivered and conduct of proceedings in his/her court? Does the nominee have a reputation for honesty, decorum and possesses impeccable character and integrity to serve as Chief Judge of the State and would the nominee undermine the Office of Chief Registrar, who by law and convention is the Chief Accounting Officer of the Judiciary? Lastly, is the nominee a God-Fearing individual, who is not corrupt and incorruptible, and will

not condone corruption in the administration of Justice during his/her tenure? If the answers to most of the questions above are in the negative, it may be necessary, albeit obligatory, to skip the most senior, and not recommend that person and consider the next best Judge that is infallible and honest and who will necessarily improve the justice delivery system, give quality judgements, and not spend the bulk of his/her time awarding contracts to friends, family and cronies and do little or nothing to enhance Justice delivery system in the State. It is also condemnable that the Chief Judge upon resumption, will remove and replace key officers in order to ensure that his/her surrogates are appointed or deployed, with the intention that such persons will do his/her bidding and protect his/her interest. This is not in consonance with Civil Service Rules and Regulations and promotes unnecessary rivalry among the administrative Staff of the Judicial arm of government. In the last 10 (ten) years, Lagos State has had 4 (four) different Chief Judges, each of whom had a different vision for the State Judiciary. This resulted in lack

"IT WAS MOST APPROPRIATE FOR THE INCOMING CHIEF JUDGE, TO SET A "VISION " FROM THE BEGINNING OF HER TENURE, THAT IS, HER ‘COMMITMENT STATEMENT’ - THE HALLMARKS OF ACCOUNTABILITY, TRANSPARENCY, AND EFFICIENCY NEEDED FOR EFFECTIVE DISCHARGE OF DUTIES WITHIN THE STATE"

Honourable Justice Opeyemi Oke On the 24th September, 2017, Hon. Justice Funmilayo Atilade retired from the Bench, having attained the mandatory retirement age of 65 years, and has since been replaced by Hon. Justice Opeyemi Oke who has subsequently been sworn in as the substantive Chief Judge of Lagos State. The latter has a tenure of 21 months to serve, and then necessarily be replaced by another Judge. How did the last Chief Judge fare, and what was her relationship with the system including the executive and the legislative arms of government? In respect of the new Chief Judge, what checks and balances should be put in place, to ensure a peaceful, rancour free tenure that will enhance and improve the Justice delivery system in Lagos State? Honourable Justice Opeyemi Oke the Chief Judge of Lagos State, is an indigene of Ogun State. She was appointed a Judge of the High Court of Lagos State on July 19, 1996 and until her recent appointment, was the de facto Deputy Chief Judge in charge of Lagos Division of the Lagos State Judiciary. She was sworn in in an acting capacity as Chief Judge, until her confirmation by the National Judicial Council (NJC). She is the 16th Chief Judge of Lagos State and the 6th female Chief Judge, the last 4 (including herself) being female. Hopes and Expectations It is the hope and expectation of many, that she will do the needful to improve the justice delivery and administration in the State. That she will attend to welfare matters of the Magistrates and Judges in the State, complete and commission court buildings, maintain a cordial relationship and complement the work of the executive and legislative arms of government, avoid the pitfalls of dabbling into money matters by allowing the Chief Registrar to perform her role as the Chief Accounting Officer of the Judiciary, consistently organise trainings, workshop, seminars for judicial officers locally and internationally to improve their knowledge and equip them with the skill for better service delivery. It was most appropriate for the incoming Chief Judge, to set a "vision " from the beginning of her tenure, that is, her ‘commitment statement’ - the hallmarks of accountability, transparency, and efficiency needed for effective discharge of duties within the State. All Judges in the several courts everywhere should heed the admonition and advice explicitly stated in the "Academic Journal of Interdisciplinary Studies" as follows: "A Judge should be God- Fearing, law abiding, abstemious, truthful in tongue, wise in opinion, cautious, forebearing, blameless and untouched by greed". A Judge should be incorruptible and avoid undue fraternity with politicians and the political leaders, in order to ensure impartiality in the administration of justice. A Stitch in Time Saves Nine. Chief 'Kunle Uthman, Legal Practitioner, Lagos

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Taxation of Pensions in Nigeria: The Uproar, the Law and the Reality In this article, Emeka Ihebie examines the basic laws regulating the taxation of pensions in Nigeria, and concludes that pensions are exempt from taxation, and that the laws provide for generous incentives to encourage contributions to Retirement Savings Accounts (RSA)

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axation of pension is currently one of the trending issues in Nigeria. Some tax authorities, acting on the belief that Voluntary Pension Contributions (VPC) under the Pension Reform Act No 64 Vol 101 2014 (PRA) have become avenues for tax avoidance, issued public notices to address the issue. It was the position of the tax authorities that withdrawals from the VPCs not made in accordance with the provisions of the PRA, would be treated as artificial transactions and subjected to tax pursuant to Section 17 of the Personal Income Tax Act Cap P8 Laws of the Federation of Nigeria 2004 (as amended) (PITA). Expectedly, the public notices attracted condemnation from organised labour, who somehow arrived at the conclusion that the government through those notices intends to tax pension. Therefore, they vowed to resist any attempt by government and tax authorities to tax pensions. Clearly, an ugly but avoidable confrontation between labour and government may erupt over this issue of taxing pension unless people are properly educated on the matter. Basic Laws Regulating Taxation of Pensions The basic laws regulating taxation of pensions, are the PITA and PRA. Although Section 3 (e) of the PITA list incomes which are chargeable to personal income tax to include pension, a combined reading of Section 19(1) and Paragraph 14 (1) of the Third Schedule to PITA reveals that pensions are exempted from tax under the Act. Furthermore, Section 20(1) (g) of PITA designates any contribution made by a taxable person to a pension fund as an allowable deduction. Section 10 of the PRA on its part also provides for tax treatment of pensions under the Contributory Pension Scheme (CPS) as follows: Notwithstanding the provisions of any other Law, contributions to the Scheme under this Act shall form part of tax deductible expenses in the computation of tax payable by an employer or employee under the relevant income tax law (2) All interests, dividends, profits, investment and other income accruable to pension funds and assets under this Act shall not be taxable (3)Any amount payable as a retirement benefit under this Act shall not be taxable (4) Without prejudice to the provisions of sub section (2) of this section, any income earned on any voluntary contribution made under Section 4(3) of this Act shall be subject to tax at the point of withdrawal where the withdrawal is made before the end of 5 years from the date the voluntary contribution was made. A review of Section 10 of the PRA reveals that: a. Section 10(1) is only reiterating the provisions of Section 20 (1)(g) of the PITA which renders contribution to a pension fund tax deductible and therefore, a form of income tax incentive to encourage saving towards the employee’s retirement. b. It is expected that the contributions made under the CPS will be invested by the Pension Funds Administrators (PFAs) subject to the conditions stipulated by the PRA. The income from the investment in form of interests, dividends, profits, by virtue of Section 10(2) are not taxable in the hands of either

the PFA or the employee upon withdrawal. c. As provided under Section 7 of the PRA, a holder of a RSA shall at the statutorily stipulated time, be allowed to withdraw the savings and the accrued income known as retirement benefits in the RSA. This amount is also exempted from tax. d. By virtue of Section 4(3) of the PRA, an employee is entitled to contribute far and above the stipulated rate of contribution under CPS. This is called voluntary pension contributions(VPC). The PRA states that any income earned on the VPC, shall be subject to tax at the point of withdrawal, where such withdrawal is made before the end of 5 years from the date the voluntary contribution is made. The focus of taxation, is on the income accruing on the voluntary contribution and not on the actual voluntary contribution its itself. The main voluntary contribution is already tax deductible and exempted from tax under Sections 10 (2) and (3) of the PRA respectively. e. Section 10(4) of the PRA only makes reference to income earned on the VPC. Therefore, what is withdrawable under that provision is the income accruable to the VPC and not the principal VPC itself. The general understanding seems to be that Section 10(4) of the PRA allows the withdrawal of both the principal VPC and the accrued income. This is not correct. Section 10(4) clearly focuses on the accruable income to the VPC. Insisting that Section 10(4) of the PRA actually permits withdrawal of the principal VPC with the accrued income would amount to reading into the provision what is not there. Such strange interpretation which encourages withdrawal before retirement would be contrary to the policy and intendment of the PRA which is long term saving and secured retirement. DifďŹ culties From the preceding analysis, it is clear that it will be quite difficult, to subject pension to tax in Nigeria. The only pension fund which may likely be subject to tax, is the income from voluntary contribution which is withdrawn within 5 years after the contribution was made. Even that may be difficult to tax due to the certain conditions that must be met in the light of Section 16 of the PRA which prohibits premature withdrawal

before retirement or attainment of 50 years. In other words, an employee, cannot upon strict interpretation of the provisions of the PRA, legally make a withdrawal from his/her RSA before attaining the age of 50 or retirement. By virtue of Section 16 of the PRA, an employee is only entitled to make any withdrawal from his/her RSA before attaining the age of 50 years or upon disengagement from employment, pursuant to the advice of a medical doctor or board of medical doctors. Since voluntary contributions and any income or profit accruing thereof form part of RSA and Section 16 refers to ANY withdrawal from the RSA without making any distinction, it therefore means that, no employee is allowed to withdraw from the pension fund or any income accruing to his voluntary contribution until retirement or the employee attainment of the age of 50 years. The only instance in which lawful withdrawal of income accruable to a voluntary contribution can be made in the manner envisaged under Section 10(4) of the PRA, is where the employee retires or attains the age of 50 within 5 years after making the contribution. This will, however, make the withdrawal a retirement benefit within Sections 7 of the PRA and by virtue of Section 10(3) of the PRA retirement benefits are not taxable.

"FROM THE FOREGOING, IT IS CLEAR THAT NOT ONLY ARE PENSIONS EXEMPT FROM TAXATION, THE LAWS HAVE ALSO PROVIDED FOR GENEROUS INCENTIVES TO ENCOURAGE CONTRIBUTIONS TO RSA. HOWEVER, WITHDRAWAL CONTRARY TO THE PROVISIONS OF THE PRA IS A CRIME"

Premature withdrawal is not only prohibited but an offence under the PRA. Section 99(1) of the PRA provides that Any person who contravenes any of the provisions of this Act commits an offence and where no penalty is prescribed, shall be liable on conviction to a fine of not less than N250,000.00 (Two Hundred and Fifty Thousand Naira) or a term of not less than one year imprisonment or both fine and imprisonment. Section 99 (2) of the PRA also criminalises any attempt to contravene any provision of the PRA, and prescribes the same punishment as actual commission of the offence. As a further deterrence, Section 100(3) of the PRA further provides that, whenever a person is convicted of an offence under the PRA, the court, in passing the sentence, shall in addition to any punishment which the court may impose in respect of the offence, order the forfeiture to the Federal Government of Nigeria of any property, asset, or the proceed of any unlawful activity under the PRA and is in the possession, custody or control of the convicted person. Therefore, where an employee who has not either attained the age of 50 years or retired in accordance with the provision of the PRA decides, with connivance of his PFA, to unlawfully withdraw from the RSA, he will not only risk imprisonment, but also forfeiture of the illegally withdrawn funds or its proceeds to the Federal Government. From the foregoing, it is clear that not only are pensions exempt from taxation, the laws have also provided for generous incentives to encourage contributions to RSA. However, withdrawal contrary to the provisions of the PRA is a crime. Where it is detected that a PFA allowed an unauthorised withdrawal from a RSA, the relevant tax authority must not only treat such withdrawal as artificial, but as a crime. The parties involved must be tried for the crime and appropriately punished. The erring employee and the conniving PFA, must be made to regurgitate and forfeit the unlawfully withdrawn fund and its proceeds to the Federal Government. Since proceeds of crimes are not really shielded from tax, the relevant tax authority can make a case that the accruable tax arising from the withdrawal, be transferred to it. Emeka Ihebie, Legal Practitioner, Lagos

12.12.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief TOBI SONIYI Dear Counsel, I am a business woman and I would appreciate your prompt response to my problem. I run a big restaurant at Ogba, Lagos State. I have 6 salaried staff who take their duties seriously. A few days ago, a group of men who looked decent, came to our restaurant to eat and drink. They were served what they ordered, but they refused to pay the bill in full when they were ready to leave. Instead, they picked a fight with my staff, which resulted in injuries for them and some of my staff. When I arrived in the evening, I was informed that three of my staff had been arrested by the police, at the instance of the unruly characters. Since it was getting late and I didn’t want my staff to spend the night in police custody, I went there and demanded that they should be released on bail. The police Sergeant on duty told me point blank that, as a woman, I would not be allowed to bail any of my staff. Like a bad joke, these three gentlemen had to spend the night in the cell, and they were only released the next day, when my husband briefed a Lawyer who handled the matter. I don’t know how he went about it, but I felt really belittled by a Police Sergeant. Now, the complainants have absconded with my money, and they refuse to come to the police station, while my staff are now being made to report every two days. What does the law say on this? T.O. (Mrs.), Ogba, Lagos.

Dear Mrs. T.O., Regrettably, the law with regard to whether women can stand surety for bail of accused persons, has been grossly misunderstood in Nigeria. It used to be based essentially on the presumptive principle that most women do not own landed properties, as required under the then existing law. But, this has since changed, and it is important that everyone is properly enlightened and educated about it. There is no longer any gender bias whatsoever, against women standing surety for bail. In fact, on May 28, 2016, Lagos State promulgated the Administration of Criminal Justice Laws of Lagos State, 2016. This repealed the old Criminal Procedure Law of Lagos State, which had been in force since 2007. Under the new law, women are allowed to stand surety for bail of accused persons. Specifically, the law states in Section 118(3) ‘No person shall be denied or prevented or restricted from entering into any recognisance or standing as surety or providing any security on ground that the person is a woman’. A few other States, have since adopted this law. It must also be mentioned that, it is in line with Section 42 of the 1999 Constitution. Because old habits die hard, it might take some time, for the police to get to understand these developments in law. But when next you are confronted with such a situation, or if you know of any woman who is refused to stand surety for and accused, not only are you now aware of this new law, it is best to contact a Lawyer as soon as possible to take up the matter, like your husband did.

A doctor and a lawyer in two cars collided on a country road. The lawyer, seeing that the doctor was a little shaken up, helped him from the car and offered him a drink from his hip flask. The doctor accepted and handed the flask back to the lawyer, who closed it and put it away. "Aren't you going to have a drink yourself?" asked the doctor. "Sure, after the police leave," replied the attorney. ˾˾˾ World's Shortest Books "My Plan To Find The Real Killers" by O.J. Simpson "To All The Men I've Loved Before" by Ellen DeGeneres "The Book of Virtues" by Bill Clinton The Difference between Reality and Dilbert Human Rights Advances in China "Things I Wouldn't Do for Money" by Dennis Rodman America's Most Popular Lawyers ˾˾˾ YOU KNOW YOU ARE FROM CALIFORNIA WHEN: 1. The fastest part of your commute is down your driveway 2. You see 25 lawyers chasing an ambulance ˾˾˾ If you think talk is cheap, try hiring a lawyer. ˾˾˾ On the subject of lawyers... Did you hear about the new sushi bar that caters exclusively to lawyers? It's called, Sosumi. ˾˾˾ How are an apple and a lawyer alike? They both look good hanging from a tree. ˾˾˾ How can a pregnant woman tell that she's carrying a future lawyer? She has an uncontrollable craving for baloney. ˾˾˾ If a lawyer and an IRS agent were both drowning, and you could only save one of them, would you go to lunch or read the paper?

Court Frees Enugu Heart Surgeon of Alleged Corruption Akinwale Akintunde Justice Reuben Odugu of an Enugu State High Court sitting in Enugu, has discharged and acquitted a former Consultant Cardiothoracic Surgeon at the University of Nigeria Teaching Hospital (UNTH), Enugu, Professor Martin Aghaji, of alleged corruption charges preferred against him by Independent Corrupt Practices and Other Related Offences Commission (ICPC). The ICPC had accused Aghaji, who specialises in open heart surgery, of demanding and receiving gratification in the course of discharging his official duties. Aghaji, was subsequently arraigned on a four-count charge bordering on administrative corruption, extortion

and conferring corrupt advantages on himself, following a petition written by an undisclosed Petitioner. The anti-graft agency, said the offences as contained in the suit number E/37C/2010, violated Sections 8 and 19, and are punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000. According to the Commission, Aghaji had sometime in 2010, while being a public officer used his position as a Consultant Cardio-thoracic Surgeon at UNTH Enugu, to demand for N320, 000 and received N70, 000, before he could carry out a surgical operation on one late Francis Ebeogbodi, which he never did,

OJUKWU: JUSTICE TOKODE SHOULD HAVE BEEN DISMISSED CONTINUED FROM PAGE 5 while practicing as a lawyer; a pre-requisite for his application for appointment as a Judicial Officer, and was so appointed. “The Investigation Committee of Council however, found that the Hon. Judge personally conducted only one of the six cases submitted”. Nothing could be more heinous than that where a practicing Lawyer would present false evidence of qualification, to be appointed as a Judge. It is on this

basis, that I think that the NJC got it wrong, when it recommended the retirement of the Judge. This Judge or Lawyer, should have just been dismissed. That is the only way, to deter other Lawyers from attempting to corrupt the Judiciary. I call upon the NJC to revisit their recommendation for retirement, and rather recommend dismissal. Prof Ojukwu, SAN, Former Deputy Director General of the Nigerian Law School

before the patient passed on. The ICPC said that, although it was unethical for doctors in public service to demand and accept money before performing their official duties, the accused allegedly did so. The accused had, however, pleaded not guilty to the charges and was subsequently granted bail on self-recognition. But in his judgement, Justice Odugu, said the Defendant had no case to answer, and he was accordingly, discharged and acquitted. “In conclusion, I uphold the no case submission of learned counsel for the Defendant, as none of the ingredients and essential elements of asking for or receiving money from any person, or using his office to confer a corrupt advantage on himself, has not been proved by the Prosecutor. “It appears that the Defendant is only a victim of politics of succession in UNTH, in the course of which a closed matter was resurrected by his adversaries, not only to silence him but ostensibly to put him out of circulation and ruin his expert and distinguished career in medicine. “In consequence therefore, the Defendant is hereby discharged and acquitted on all the four-count charges preferred against him by the ICPC, as contained in the information dated the 1st day of March, 2010 and filed against him on behalf of the Attorney-General of the Federation. And I so order”, Justice Odugu ruled.

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Class Action: Practice and Procedure Book Review Title:

Class Action: Practice And Procedure Essays in Honour of Professor Epiphany Azinge OON, SAN

Publisher:

Nigerian Institute of Advanced Legal Studies

Number of Chapters:

81

Number of Pages:

447

Name of Reviewer:

Laura Ani

CHAPTER ONE TITLE: OVERVIEW OF CLASS ACTION AUTHOR: Enuma Moneke his chapter establishes a concrete conceptual and legal basis for class action, and focuses appropriately on the theme. Essentially, it provides theoretical or legal foundations to ground class action in Nigeria. The author delves into a very comprehensive overview of class action, with a comparative study of what obtains in other jurisdictions, as a way of comparison. Specifically, the United States, Australia and United Kingdom, are used as referrals which have thriving developed rules and procedures. The contextual nature of the chapter, gives the reader an in-depth understanding of class action by carrying out a historical analysis. The author quite succinctly, traces its development from the “Bill of Peace” of 17th Century England to the current Civil Procedure Rules (CPR) 1998 of the United Kingdom; the adoption of rule 23 of the Federal Rules of Civil Procedure (1938) of the United States including its 1966 amendments and the inclusion of Part IV A (sections 33A- 33ZJ) into the Federal Court of Australia Act (FCAA) 1976. Regardless of the laudable objectives of class action, the author has succinctly identified its drawback, paramount are the procedural complexities. Ultimately, the foregoing culminates into the foundation for the discourse of subsequent chapters on the practice, problems and how effective the extant legal framework is. This shall form the basis for the prescription.

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CHAPTER TWO TITLE: LEGAL HISTORY OF CLASS ACTION AUTHOR: Adejoke O. Adediran This chapter can be discerned from a more refined angle, given that it principally focuses on Legal history. The discourse permeates the origin and early practices through to the development of modern class action. The classical conception under common law is that only parties whose direct and immediate legal interest had been affected could be joined as parties to a suit. However, given the common law organisational locus or origins, the author provides explanations to the marked departure and the origins of class action tracing the development from Brown v Vermuden decided in 1676; Poore v Clarke decided in 1742 and Hilgay v Wesman decided in 1896 which marked the beginning of necessary parties. The law puts in place certain structures to enhance the operation of class action, this the author has clearly delineated by identifying Legislative reforms beginning in England that saw the codification of legal rules as well as equity rules primarily through the judicature Act 1873 which articulated the basis of class action. Similar discourse is Rule 10 which formed the basis of rules of court in class action in Canada and finally as far back as 1842 when the US Supreme Court enacted its Federal Equity Rules and added a new rule on class action, known as Rule 48 and the adoption of Rule 23 of the Federal Rule of Civil Procedure by the US Supreme Court and the Federal High Court (Civil Procedure) Rules, 2009 in Nigeria which constitute modern class action. The implication of the author’s findings is

that class actions have not been utilised in civil litigation in Nigeria and the civil procedure rules regulating class action in Nigeria are restrictive in scope where diverse actions cannot be brought by class action. It is on this above premise that the author advocates for legislative and judicial development of this aspect of civil litigation in Nigeria. CHAPTER THREE TITLE: JURISPRUDENCE OF CLASS ACTION AUTHOR: Dr. V.J.O. Azinge, SAN This part seeks to examine the jurisprudence of class action. It to draws a wide comparative study and attempts to answer the question, is there is a coherent efficient legal regime for class action? If the answer is in the negative, what are the perceived justifications for such absence? A convenient premise to start off will be the author’s comprehensive review that traces the legal framework of class action in various jurisdiction. For instance, the United States, by virtue of the Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. S.1332(d). However, the author identifies the limitations of practice in California, some states in Virginia and New York which limit the type of claims that may be brought as class actions. Similarly, in the United Kingdom, by virtue of the Consumer Rights Act; South Africa by virtue of S.38(c) of the Constitution of the Federal Republic of South Africa Act 108 of 1996; in India via the Public Interest Litigation (PIL) widely used under Article 32 and 226 of the Constitution; In Australia, the Federal Court of Australia Act 1 (The FCAA) 1992. Incidentally, in Spain, the law allows nominated consumer associations. However, Switzerland does not allow for any form of class action. The author identifies the paucity of reported cases and legal provisions of class action in Nigeria, thus recognising some ambiguities in the provision of Order 9 pertaining to the opt in or opt out option and the inflexible doctrine of locus standi. On a general note the author advocates for judicial activism and practice direction to whittle down the effect of locus standi and laws should be enacted on the subject matter to expand the scope as practiced in other jurisdictions. CHAPTER FOUR TITLE: CLASS ACTION AND REPRESENTATIVE ACTION DISTINGUISHED AUTHOR: Chukwuemeka Castro Nwabuzor This chapter essentially distinguishes class actions from representative actions by revisiting the principles of representative action as derived from the court of Chancery in England and the rules permitting representative actions in Nigeria by virtue of Order 9 Rule 12 of the Federal High Court (FHC) Civil Procedure Rules and judicial pronouncements by virtue of Agbara & Ors v. SPDC & Ors. The author posits that both class action and representative action are initiated on

the basis of convenience. Fundamentally, the distinction as discerned by the author under the Rules in Nigeria is that leave of court is required before an action can be instituted on behalf of or against a class, whilst representative action does not require leave of court. In summary, the author proffers that the salient features that distinguishes both kinds of actions in Nigeria would resolve the dilemma as to the relevance of both actions. CHAPTER FIVE TITLE: CLASS ACTION AND PUBLIC INTEREST LITIGATION AUTHOR: Kehinde Ogunwumiju, SAN` In addressing the foregoing issues already canvassed in previous chapters, the author principally attempts to highlight the similarities and differences of the concept of class action and public interest litigation including how they have metamorphosed into what they are today. It essentially draws on the Fundamental Rights Enforcement Procedure Rules and the Freedom of Information Act on public interest litigation in Nigeria. The author refers to a plethora of case law that have shaped the application of the doctrine of

"ON THE WHOLE, THE ISSUES DISCUSSED IN THE VARIOUS CHAPTERS OF THE BOOK, PLACE ON THE FRONT BURNER OF LEGAL DISCOURSE, A SUBJECT THAT IS CONTEMPORARY AND HAS RAISED MUCH DEBATE AND GREAT URGENCY IN REFORM"

locus standi to Public Interest Litigation (PIL) to include A.G Akwa Ibom v Essein; Sehindemi v. Gov. Lagos State; Adesanya v. The President of the Federal Republic of Nigeria; The Registered Trustees of the Socio Economic Rights and Accountability Project (SERAP) & 5 Ors v A.G. Federation & Anor. However, the author rightfully questions if litigation under the FOI Act is actually Public Interest Litigation, apart from compelling public institutions to make public information it refuses to disclose. Fundamentally, the author indicates that whilst class action could be used against a government body or private parties, PIL cannot be used in a dispute that concerns two private parties only. CHAPTER SIX TITLE: CLASS ACTION AND LOCUS STANDI AUTHORS: Nathaniel A. Inegbedion & Hadiza O. Okunrobo This chapter attempts to canvass a liberal approach to the interpretation of the doctrine of ‘standing’ in class or representative actions when fundamental rights issues are raised pertaining to provisions contained in Chapter IV of the Constitution. The authors begin their discourse by delineating the doctrine of locus standi and identifying the characteristics to justify standing to sue. Elaborately discussed are the Justiciabilty Clause; Sufficient interest and Individual Standing: Personal Rights and Interest. In the same context the authors review the effect of Locus Standi on Class Action to Institute Fundamental Rights in Nigerian Courts by virtue of section 46 subsection (1) of the Constitution of the Federal Republic of Nigeria 1999 which grants a person the right of access to court when issues of

CONTINUED ON PAGE 15

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/15

CLASS ACTION: PRACTICE AND PROCEDURE CONTINUED FROM PAGE 14 fundamental rights are at stake. Similarly by virtue of Order 1 Rule 3 (e) of the Fundamental Rights Enforcement Procedure Rules, 2009 and Order 10, Rule 9, High Court Abuja ( Civil Procedure) 2004. Notwithstanding, the authors recognise the restrictive approach to the interpretation of section 46(1) of the Constitution as emphasised in Opara v S.P.D.C.N Ltd. In summary, the authors advocate for the liberalisation of the locus standi to enhance access to justice. To quote them, ‘in applying a liberal approach, the issue of sufficient interest which has been the bane for class actions need to be de-emphasised if access to justice by the less – privileged is to be realised’. CHAPTER SEVEN TITLE: LEGAL FRAMEWORK FOR CLASS ACTION IN NIGERIA AUTHOR: Osatohanmwen Anastasia Eruaga This chapter to a very significant extent examines the legal framework for class litigation in Nigeria, primarily through an examination of the relevant provisions of the civil procedure rules of the Federal High Court and the Lagos State Civil Procedure Rules. However, given the perception that class action may have developed in Nigeria through the extant rules of court, the author argues that class action in Nigeria is at best rudimentary and advocates for a rethink of the provisions relating to class in Nigeria. As a progressive measure the author advocates for an expansion to the ambit of proceedings that can be carried out by class action litigation. Finally the author proffers some form of an enlightened approach that would sensitise consumers to seek justice through class action and possibly a reform of the extant legal framework.

Prof. Epiphany Azinge, SAN

advocates for the enactment of specific statutes on class action procedure in Nigeria.

CHAPTER EIGHT TITLE: INITIATION OF CLASS ACTION SUIT AUTHOR: Ekemejero Ohwovoriole, SAN Very relevant to this book, is to consider how class actions are initiated. The author gives a procedural context to delving into the issues. To begin with, the author explains that a class action is commenced by filing the originating process accompanied by a motion ex parte for leave (granted at the courts discretion) to either institute the action in a representative capacity or for the suit to be defended in a representative capacity. Also required is the application for leave, alongside the originating processes. Finally, what the author has tried to identify is the process of initiating a class action, but reminds the reader that the application is limited within Nigeria as most litigants are unaware of the existence of this type of action compared to a representative action.

CHAPTER TEN TITLE: DETERMINING ‘CLASS’ IN CLASS ACTION SUITS AUTHOR: Nnenna Joy Eboh To properly determine and distinguish class suits, this chapter makes for a critical discourse on how to determine the class of persons in a class action suit and revisits the regulatory framework on class action Nigeria. The author posits that the regulatory framework is weak, given that the Federal High Curt Civil Procedure Rules is the only framework that provides for class action suits, though it does not provide exhaustively for all class action suits. CHAPTER ELEVEN TITLE: JURISDICTIONAL HURDLES IN CLASS ACTION AUTHOR: Dr. Effiong A. Esu This chapter identifies legal hurdles for parties to a class suit, which is undoubtedly not unconnected to the inadequacy of the Federal High Court Rules of Nigeria. A rather interesting dimension that the author identifies is its tendency to encourage unnecessary litigation if not properly checked or restrained and may become a means of harassing business entities or defendants. However, the author proffers that notwithstanding the hurdles, a well - developed class action mechanism supported by high standard of legal conduct will bring about an effective and efficient administration of justice.

CHAPTER NINE TITLE: CLASS ACTION PRACTICE AND PROCEDURE: LESSONS FOR NIGERIA AUTHOR: Dr. Wiseman Ubochioma This chapter articulates class action practice in Nigeria, with reference to the laws, practice and procedure in other jurisdictions that have prominent class action laws. What is profound about this chapter is that the author identifies that class action requires sui generis procedural rules. Thus, the procedural rules under the various rules of court are not comprehensive and clear enough for any prospective class action litigants. More fundamentally as rightfully identified in the writers discourse is the misconception of representative or public interest litigation as class suits. From the import of the foregoing discourse the author

CHAPER TWELVE TITLE: A STUDY OF SETTLEMENT IN THE AWARDS OF DAMAGES IN CLASS ACTION LAWSUITS AUTHOR: Anele Kalu Kingsley The core of this chapter critically examines the award of damages through settlement in class action with a view to determine the effectiveness in adequately compensating plaintiffs and deterring corporate organisation from further wrong doings. Evidently, the author further demonstrates that most times lawyers benefit more in class action suits than plaintiffs who are victims. Thus, the chapter examines with depth the circumstances for the award of damages in class action suits; the merits of settlements; the Role of Judges in Class action suits, the role of the parties and their

lawyers and provides a road map to an enhanced award of settlement in class action that would be viable, efficient and effective. CHAPTER THIRTEEN TITLE: GETTING ENTANGLED PROFESSIONALLY: SOME OF THE ETHICAL CONSIDERATIONS FOR COUNSEL IN CLASS ACTION AUTHOR: Dr. Martin- Joe Ezeudu The chapter aims to provide a critical and expository approach of the common ethical dilemmas or challenges that counsel will contend with in class litigation. The article adopts a comparative approach from the U.S and Ontario with particular reference to the Law Society of Upper Canada’s Rules of Professional Conduct (LSUC Rules), the Class Proceedings Act of 1992 (CPA) and the American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules). The author posits that class action is inherently laden with ethical minefields from its start to settlement. To conclude the author’s position, ethical sensitisation that comes with increased class actions and associated legal activities cannot happen in Nigeria without a legislative overhaul of the current law in Nigeria. CHAPTER FOURTEEN TITLE: CLASS ACTION LAW SUITS IN NIGERIA: CONSTITUTIONAL IMPERATIVES AND LEVERAGES AUTHOR: Prof Dakas C.J Dakas, SAN and Tobias M. Ngufuwan This chapter undertakes an instrumental review of class action in the specific context of the imperatives and leverages that it has for constitutionalism and democratic practice in Nigeria. The authors aim to locate the role of class lawsuits in giving effect to certain provisions of the Nigerian Constitution. The authors examines the broad strands by contending that class action litigation is capable of providing a platform for a large majority of Nigerians to approach the courts in order to address any alleged breaches of their fundamental rights. The authors however suggest that class action should be properly harnessed beyond its current scope and be developed to serve as a potent tool for realising the imperatives and leverages of our constitution.

SERAP SEEKING SOLUTIONS TO COMBATING CORRUPTION, IMPUNITY IN NIGERIA CONTINUED FROM PAGE 6 put in to eradicating corruption, the more it raises its ugly head and grows larger than life, with different pet names; some call it Egunje in Yoruba, Shuashua in Hausa, Sharp Sharp, Ogboju etc. There is a disturbing slogan in Nigeria that “with the right connection you can see God”. This adds up to such tendencies of people wanting to bribe their way towards gaining unmerited government patronage, inducing people with monetary rewards to doing our biding e.g. admissions in Schools, promotions, employment, contracts awards and other personal gains through illegitimate means is indeed accepted as a norm”. Obono-Obla said it is unarguable that integrity and good governance, are essential building blocks for achieving the objectives of sustainable development, socio economic prosperity and peace, adding that lack of which undermines the basic system of checks and balances needed in a free and egalitarian society. “The prerequisite for good governance and integrity therefore, are “the rule of law, effective State institutions, and above all, transparency and

accountability in the management of public affairs, respect for human rights, and the meaningful participation of all citizens in the political processes”. “Fighting graft with greater citizens’ participation, therefore, means better social capital investment for all Nigerians. Although, many skeptics may see anti-corruption activities in Nigeria to be mere pinpricks in a country that is vast and unredeemably corrupt; mobilising citizens can be a highly effective tool, in combating corruption in the Nigerian public domain. “To achieve a successful anti-corruption strategy, the Media must let the public be aware of the alarming nature and levels of corruption in the interests of transparency, accountability, and integrity. Nigeria needs an informed public to make informed decisions. “Even as the Administration of President Buhari is inclined to fighting corruption, citizens have not complimented the efforts, even though results are coming in trickles. “However, the major Impediment is the attitude of the people. A lot of people see it as a

political vendetta or selective political fight. This I strongly disagree. Combating corruption needs an all-inclusive approach of enforcement with prevention and detective measures, including enhanced whistleblower mechanisms. “We must start working together to reinvent governance for the 21st century; this we can achieve, by supporting and aiding government institutions charged with such duties of stamping out corruption in our nation. “The body language of this Administration, is an affirmation to the fact that citizens have power. As a change agent, you have the power to blow the whistle, demand accountability and transparency. Even more power to demand more transparency from government officials themselves, the public sector, and your representatives in the respective houses of parliament. And most importantly, the obligation to mobilise people to support genuine programs of government meant to curb corruption, impunity, and official graft for the good of all Nigerians and the future of generations yet unborn”, Obono-Obla stated.

CHAPTER FIFTEEN TITLE: CLASS ACTION AND INTERNATIONAL LAW: CHANGING THE PARADIGMS AND PERSPECTIVES AUTHORS: Udoka Ndidiamaka Owie and Nonso Rober Attoh This chapter further advances the discussion on class action to a wider discourse by considering the changing paradigms and perspectives of international law from the perspective of class actions. The radial approach adopted by the authors is to investigate whether rights in international law should be litigated through the mechanism of class action. The authors examine the internationalism of class action by virtue of the fact the human rights violations becomes very important in view of the large scale nature of human rights atrocities and the fact that most victims encounter severe hardship that diminish their access to courts. Indeed, added to this is the benefit that class action provides for victims who wish to be anonymous. Though the authors identify the major constraints presented in the discourse, in their view class action litigations portend great promise for civil redress of human rights violations. CHAPTER SIXTEEN TITLE: ARBITRATION AGREEMENTS: DO THEY PERMIT OR PROHIBIT CLASS ACTION ARBITRATION AUTHOR: Paul Obo Idornigie, SAN The author elaborates on the limitations of class action and questions if there can be class action in arbitration. In trying to answer the question, the author examines whether the rules of joinder, consolidation and multi- party in arbitral proceedings suffice to confer jurisdiction on an arbitrator and more importantly if Nigeria is ready for Class Arbitration. CHAPTER SEVENTEEN TITLE: CLASS ACTION AND INTELLECTUAL PROPERTY IN NIGERIA AUTHORS: Prof. Adebambo Adewopo SAN, MCIArb (UK) & Helen Chuma- Okoro The authors interject a strong intellectual Property perspective. The authors interrogate how class action can help address issues of IPR infringement in Nigeria, particularly the copyright sector where copyright infringement is regarded as one of the challenges of the entertainment industry. The authors suggest that in the emerging digital economy in which copyright and other IPRs are significant, class action therefore holds a tremendous benefit to right holders and for efficient dispute resolution by the courts. CHAPTER EIGHTEEN TITLE: CLASS ACTION AND MEDICAL NEGLIGENCE: AUSTRALIA’S REGIME AND LESSONS FOR NIGRERIA AUTHOR: Uchechukwu Ngwaba This chapter undertakes a holistic assessment of Nigeria and Australia’s cumulative experience with class action and its key accoutrement as they relate to medical negligence. However, the author posits that class action regime in Nigeria has not followed any clearly articulated blueprint, compared to Australia. The author proffers solutions that class action could be relevant to improving access to justice by achieving ‘mass effect’; it can also potentially improve judicial economy by providing a once-and-for-all determination of the interests of parties to avoid cycle of litigation and class actions can contribute to behaviour modifications by potentially involving regulatory agencies in such actions. However, the author further posits that to develop Nigeria’s class action regime it should be expanded beyond claims covered by the State and Federal High Court Rules. Conclusion On the whole, the issues discussed in the various chapters of the book, place on the front burner of legal discourse, a subject that is contemporary and has raised much debate and great urgency in reform. The compendious collection of essays written by well selected authors, examines various legal issues, legal processes on the basis of a critical comparative and/ or interdisciplinary methodology. The book is apt in addressing structural distortions on the rules of class action in Nigeria, as well as the demands of justice. The book adopts a beautiful black cover embellished in gold inscriptions. The book honours an erudite legal scholar of our time, thus an impressive picture of Prof. Epiphany Azinge, SAN glows on the cover of the book. It is well printed, edited and properly indexed. No omissions or errors were encountered during my review. I therefore, recommend this book not only to those of the legal profession, as issues canvassed will cut across various disciplines and be of interest to all.

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BUSINESS/MONEYGUIDE

‘Lack of Trade Information, Major Impediment to Intra-African Trade’ Nume Ekeghe Limited knowledge about trade opportunities in African countries has been identified to be among the biggest impediments to intra-African trade. The Executive Vice President for Business Development and Corporate Banking at the African Export-Import Bank (Afreximbank), Amr Kamel, was quoted to have said this in a statement yesterday. Speaking recently during a panel discussion at the Africa 2017 Forum, organised in the Egyptian resort city of Sharm el Sheikh, Egypt, Kamel said contrary to the popular view that lack of infrastructure was the biggest challenge to intraAfrican trade, such trade was

being held back mainly because people in one African country lacked information about trade opportunities in other African countries. He noted, for instance, that a recent study co-sponsored by Afreximbank showed that some African countries were importing certain products at high cost from outside Africa while the same products were available at much lower costs in nearby African countries. Kamel said that the fact that Africa was able to support the current level of overall trade with its existing infrastructure meant that infrastructure was not necessarily the issue but rather the challenge was how to make more of that trade intra-African. He expressed satisfaction

that African countries were gradually beginning to realise that intra-African trade held the key to Africa’sa development. Kamel announced that Afreximbank was building certification centres in an attempt to help address the issue of the quality of goods produced in African countries. Having the goods certified to international standards would make them acceptable exports into the international markets. Also, the Minister of Finance of Jamaica, Timothy McPherson Jr. said African Diaspora was the key to the continent’s integration as its members thought of investment in Africa in terms of the entire continent rather than segmenting it into countries and regions.

Ecobank Nigeria Unveils Digital Banking Account Ecobank Nigeria has unveiled Ecobank Xpress Account, a digital product expected to drive financial inclusion in the country. The Ecobank Xpress Account is a digital account that is mobile based. It is simple and does not require any form of documentation for opening, therefore making it easy and convenient for all, while affording the customers the same services available to regular account holders. The Ecobank Xpress Account can be opened on the Ecobank Mobile App by smartphone users and or via USSD for feature phone users. At the unveiling ceremony in Lagos, the Managing Director, Ecobank Nigeria, Mr. Charles Kie said it was part of Ecobank’s “Roadmap to Leadership Initiative,� where the financial institutionis focused on becoming a force in the banking industry by leveraging its digital channels to drive financial inclusion for the un-banked in the different parts

of Nigeria – urban, semi-urban and rural areas. “The Xpress Account is an easy to open account. It requires no documentation; but just a few basic information about the customer. It can be opened on any phone and from the moment it opens, it allows to transact within the Ecobank Agency Network throughout Nigeria. “The objective is to ensure that we on-board as many customers as possible, so that within the next five years, we expect that that the target of reaching 40 million customers would be reached. “We believe that the more we make it easy for anyone in Nigeria to have access to that account, the better it can be for them to have access to financial services,� Kie explained. According to the Ecobank Nigeria boss, the development also supports the bank’s retail strategy, saying that the fees are extremely minimal. On her part, the Executive Director, Consumer Banking of

Ecobank Nigeria, Carol Oyedeji highlighted the benefits of the account type. They include simple account opening process without any paper documentation or stringent form of identification; ability to immediately do transactions from the account and withdraw cash through the Xpress Cash via Ecobank Automated Teller Machine (ATM) or Ecobank Agent locations.In addition, she said it would promote savings culture in the country. Oyediji said it enables Ecobank customers withdraw cash from any of the over 1000 Ecobank ATMs without a card. “The customer simply generates a token pin (code) that enables him or her do a card-less withdrawal from any Ecobank ATM across the country or Ecobank agent. The token (code) generated can also be sent to anybody through test message or WhatsApp and the recipient can withdraw cash from the ATM or agent,� she added.

FirstBank Markurdi Shut as Court Executes Judgement George Okoh Ă“Ă˜ Ă‹Ă•Ă&#x;ĂœĂŽĂ“ Following an Industrial Court order in Makurdi to enforce a judgement against FirstBank Nigeria Limited, activities at the bank were disrupted for over six hours yesterday, leaving customers of the bank stranded. The customers were shut out of the office from 8:30 am to about 3:10pm when this report was compiled. The court had given judgment in favour of a former staff of the bank, Ruth Amelia Adah, who alleged she was wrongfully disengaged and asked the bank

to pay her over N12.4 million damages. The judgment which was issued on 12th July, 2017, ordered the bank to pay latest by 16th October, 2017. It was gathered that the bank was yet to effect payment as at yesterday, a situation which compelled the court to enforce the judgment it delivered. In its bid to enforce the judgment, staff of the court and policemen flooded the premises of FirstBank, Makurdi as early as 8:30am. Shortly after they arrived the premises, they went to work by pasting court orders on most

of the vehicles with the intention of impounding same. The court staff made attempts to dismantle the generating set that powers the bank, probably with the aim of crippling the activities of the bank. The process of enforcement set the bank and officials of the court at edge, even as counsels to the parties in the suit raised accusations and counter accusations against each other during the quarrel that ensued. A staff of the bank in Markudi, believed to be in the legal department, was said to have declined comments when contacted yesterday.

NYSC Launches Job Portal for Fresh Graduates The National Youth Service Corps has launched a curriculum Vitae (CV) web repository and job portal in furtherance of its drive to increase opportunities for fresh graduates. The portal, which is an initiative of the NYSC Lagos State Coordinator, the Skills Acquisition and

Entrepreneurship Development (SAED) team and a group of Corps members, was launched by the Director General of the NYSC, Brigadier General S. Z Kazaure, in Lagos recently. The portal is aimed at providing the links between outgoing corps members seeking white collar jobs and

employers of labour who desire to employ qualified graduates based on their jobs specifications. Kazaure, in his remarks pointed out that, despite the obvious difficulty of securing white collar jobs and the overriding benefits of self-employment, a good number of graduates were still inclined to trying their luck with paid employment.

Buhari

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

AUGUST 2017 Broad Money (M2)

21,851,454.31

-- Narrow Money (M1)

9,890,813.10

---- Currency Outside Banks

1,523,239.91

---- Demand Deposits

8,367,573.19

-- Quasi Money

11,960,641.22

Net Foreign Assets (NFA)

9,732,990.89

Net Domestic Assets(NDA)

12,118,463.42

-- Net Domestic Credit (NDC)

26,821,446.81

---- Credit to Government (Net)

4,824,226.22

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

7,834,536.74

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

--3,010,310.52

---- Credit to Private Sector (CPS)

21,997,220.59

--Other Assets Net

--14,702,983.39

Reserve Money (Base Money)

5,486,804.65

--Currency in Circulation

1,868,735.07

--Banks Reserves

3,268,266.17 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

August 2017

Inter-Bank Call Rate

22.63

Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

13.35

Savings Deposit Rate

4.08

1 Month Deposit Rate

8.86

3 Months Deposit Rate

10.14

6 Months Deposit Rate

11.51

12 Months Deposit Rate

11.40

Prime Lending rate

17.69

Maximum Lending Rate

31.20 Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY DECEBER 8, 2017

The price of OPEC basket of fourteen crudes stood at $61.03 a barrel on Friday, compared with $60.12 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela) SOURCE: OPEC headquarters, Vienna

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MARKET NEWS

Nigerian Breweries Gets Substantive MD/CEO, Two New Executive Directors Goddy Egene Nigerian Breweries Plc yesterday notified the Nigerian Stock Exchange (NSE) of the appointment of the new managing director/chief executive officer, Mr. Jordi Borrut Bel. The appointment takes effect on January 22, 2018 and he will succeed Mr. Johan Doyer, who has served as MD/CEO on an interim basis since June

16, 2017. Mr. Borrut Bel is currently the MD of Heineken’s subsidiary in Burundi, Brarudi S.A. and a Board member of Bralirwa Limited, Rwanda, also a Heineken’s subsidiary in Rwanda. The company explained that Borrut Bel joined Heineken Spain in 1997 as Sales Representative and subsequently held increasingly senior management positions in different countries,

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DEALS

first as Distribution Project Manager in Slovakia, Brand Manager in France and Trade Marketing Manager at the Head Office in The Netherlands. In 2006, he returned to Heineken Spain where he evolved in the organisation and eventually became the On-Premise and Distribution Director and a member of the Management Team. “Mr. Borrut Bel was appointed

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the MD of Brarudi S.A. in 2015 and has successfully led the company through a very turbulent period, strengthening the company’s route-to-market and launching successful innovations. The Board is confident that Bel’s track record and broad experience stand him in a very good position to drive Nigerian Breweries Plc’ strategy and consolidate its leadership position in the Nigerian market,�

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the company said. In a related development, the company has also announced the resignations of Mr. Victor Famuyibo (Human Resource Director) and Mr. Hubert Eze (Sales Director) from the board with effect from January 27, 2018 and January 31, 2018 respectively. While Mr. Famuyibo’s resignation follows from his attaining the company’s mandatory retirement age of 60 years, Eze’s resignation

O F

is preparatory to his taking up a higher role in the Heineken organisation. Mrs. Grace OmoLamai will replace Famuyibo, while Mr. Uche Unigwe will replace Eze. Omo-Lamai joined the company on October 23, 2017 from Nigerian Bottling Company Ltd, where she was the Director of Human Resources. Mr. Unigwe, on the other hand, joined the company in 1989 as a Trainee Brewer.

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

Explosion Rocks New York Commuter Hub, Suspect in Custody A man with a bomb-like device strapped to his body set off an explosion at one of New York’s busiest commuter hubs at rush hour on Monday, injuring himself and three others in what New York Mayor Bill de Blasio called an attempted terrorist attack, according to a Reuters report. The suspect in the incident at the Port Authority Bus Terminal, a block from Times Square, was identified as Akayed Ullah, the New York Police Department commissioner said. The suspect had burns and lacerations while three other people, including a police officer, had minor injuries. The weapon was based on a pipe bomb and was fixed to the suspect with zip ties and velcro, police said. New York Governor Andrew Cuomo, speaking at a news conference near the site, described the device as“amateur level.” New York Mayor Bill de Blasio told the same news conference that the incident, which happened at the start of the city’s rush hour, was “an attempted terrorist attack.” “As New Yorkers our lives

revolve around the subways. When we hear of an attack in the subways it is incredibly unsettling,” de Blasio said. The incident was captured on security video, the police said. Video posted on NYPost.com showed smoke and a man lying down in the tunnel that connects the Times Square subway station

to the bus station. A photograph showed a man lying face down, with tattered clothes and burns on his exposed torso. “There was a stampede up the stairs to get out,”said Diego Fernandez, one of the commuters at Port Authority. “Everybody was scared and running and shouting.”

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NEWSXTRA

Ambode Proposes N1.04tn Budget for 2018 Fiscal Year Puts Lagos debt at N874bn

Gboyega Akinsanmi Lagos State Governor, Mr. Akinwunmi Ambode, yesterday presented an appropriation bill of N1.046 trillion to the state House of Assembly for the 2018 fiscal year, which he christened the budget of progress and development. Ambode, who addressed a wide range of stakeholders made up of captains of industry, civil society actors, political and traditional leaders among others, disclosed that the budget represented an increase of 28.67 per cent compared to what he proposed under the 2017 fiscal year. Although he put the state’s debt at N874.38 billion borrowed under different administrations in the last three decades, Ambode noted that it was inappropriate “to conclude that Lagos State has a high debt burden when situated within the context of infrastructure development and growth enjoyed presently by the state”. He presented details of the state’s 2018 fiscal plan at the state House of Assembly, Alausa yesterday, assuring that when eventually approved, the budget would be used “to consolidate on infrastructure, education, transportation/traffic management,

security and health.” He added that his administration “will place emphasis on mandatory capacity building for civil servants, all teachers in public schools, officers in the health service sector and women and youth empowerment alongside our Medium and Small/Micro Size Entrepreneurs (MSMSE).” Under the fiscal plan, the governor noted that N347.039 billion was allocated for recurrent expenditure and N699.082 billion for capital expenditure, thereby representing a ratio of 33 to 67 respectively. To fund the budget, Ambode said a total revenue of N897.423 billion “will be generated under the fiscal year. N720.123billion “will be generated internally while a total of N148.699billion will be sourced through deficit financing within our medium term expenditure framework.” He provided sectoral breakdown of the budget, allocating N473.866 billion for economic affairs; N171.62 billion for general public service; N126.3 billion for education; N92.67 billion for health; N46.61 billion for public order & safety; N54.58 billion for environmental protection; N59.9 billion for Housing & Community Amenities; , N12.5

billion for recreation, culture & religion, N12.5 billion and N8.042 billion for social protection. Specifically, Ambode said the state government would maintain the tempo of continuous construction, rehabilitation, upgrading and maintenance of network of roads throughout the length and breadth of the state, including those within the boundaries of Lagos and Ogun States. With the prevailing favourable weather condition, Ambode said 181 inner-city roads would be commenced, noting that contractors “will be mobilised immediately. We have made provisions for continuous gridlock resolution, junction improvement, construction of more lay-bys and advancement of signalisation that will improve traffic congestion especially along the Lekki-Epe

corridor.” He, also, listed the Agege Pen Cinema flyover, alternative routes through Oke-Ira in Eti-Osa to Epe-Lekki expressway, an eight-kilometre regional road to serve as alternative route to connect Victoria Garden City (VGC) with Freedom Road in Lekki Phase I, completion of the on-going reconstruction of Oshodi International Airport Road into a 10-lane road and the BRT Lane from Oshodi to Abule-Egba. Under his administration, Ambode said the state government “has not contracted any new external loan to fund our projects since assumption of office. We have only completed transactions which were already in place before we assumed office.” He explained that his administration inherited

external loans from various past administrations which make up 60 per cent of all our loans, noting that the figure “is made up of some loans that have been running since 1989, about 30 years ago; and were contracted at an average of N80 to $US1.” Sadly enough, the governor said the loans “are being repaid at an average rate of N305 to $US1 translating to 205 per cent increase in the loan repayment rate. The State has incurred huge exchange losses on its external loans in this year 2017. “The exchange loss represent 35 per cent of the State external loans stock due to exchange rate slump of the Naira from N197.50 to $1 to N305 to $1. This is one of the side effects of an economy in recession. “Irrespective of these losses, it will be inappropriate to say

that Lagos State has a high debt burden when situated with the level of development and infrastructural growth enjoyed presently by the State. We are certain that the loans have continually been used for the wellbeing of all Lagos residents. “Despite the additional burden arising from devaluation of the Naira, our debt service ratio remains very strong on the back of our impressive revenue performance. The state’s net debt stock of N874.38bn represents just about 3 per cent of the state GDP, while the Debt service charge to Revenue ratio stood at 15.61 per cent compared to 13.32 per cent in 2016 and 12.45 per cent in 2015. I am proud to report to you that, today, your state remains financially strong and the most vibrant economy in the Nigerian landscape.”

IMN Plans Peaceful Commemoration of 2015 Zaria Massacre Ejiofor Alike The Islamic Movement in Nigeria (IMN) has said it will organise peaceful commemoration of the 2015 massacre of its members and called on all people of conscience to intensify pressure on the federal government to obey court orders and unconditionally release its leader, Sheikh Zakzaky. The President of the Media Forum of IMN, Mr. Ibrahim Musa, said in a statement yesterday that the (IMN) had never employed the use of violence or the issuance of threats of violence in its entire four decades of existence to anyone, group or authority, stressing that the peaceful posture of the organisation is not about to change. “Some recent false flag calls issued reminiscent of previous calls used to attack us and disrupt our peaceful events seem to be again sounded recently,” he said. He accused the security forces of planning to carry out series of attacks and subsequently attribute such attacks to the IMN in the course of its peaceful activities. According to him, the security forces want to achieve what they have so far failed to, which is to associate the peaceful campaigns to free Sheikh Zakzaky with violence in order to swing public opinion against the organisation and justify the December 2015 massacre. Musa rejected any suggestion of threats of violence in the name of the organisation, adding that “the Islamic Movement is not and will not be responsible for any breech of peace or violence that will result from any false-flag plots.” He said the organisation would continue to employ all lawful, legal and constitutional means as it had done throughout these two years

of state-perpetrated persecution to achieve its goals. According to him, IMN would not be blackmailed into submission or surrender. Meanwhile, the Director of Amnesty International Nigeria, Osai Ojigho, has said no one has been held accountable for Nigerian military’s unlawful killing of more than 350 Shi’a Muslims in Zaria, two years after the massacre. He said government’s failure to hold anyone accountable for the killings show the acceptance of a culture of impunity for violations for human rights in the country In a statement to mark two years anniversary of the massacre, and made available to THISDAY yesterday, Ojigho said the country should ensure justice, truth and reparation, adding that Amnesty International has identified and visited the location of the possible mass grave near Mando where they were buried, but still yet to be exhumed. He said: “Our research indicates that the deaths in the clashes between members of IMN and the Nigerian military two years ago were the consequence of an excessive use of force that must be thoroughly investigated.” According to her, ‘’Between December 12 and 14, 2015, Nigerian security forces killed hundreds of civilians, some of them supporters of the IMN – including men, women and children – and arrested more than 200, following a Shi’a Muslim protest. ‘’The exact number of those killed is not known, but it may be higher than the official figure of 347. Hundreds of IMN supporters reported missing since the killings remain unaccounted for, feared dead,’’ he added.

BUDGET PRESENTATION

Lagos State Governor, Mr. Akinwunmi Ambode, presenting the 2018 budget estimates to the state House of Assembly in Alausa, Ikeja... yesterday

Fashola: Additional 1,129MW to be Added to Grid in 2018 Chineme Okafor ÓØ ÌßÔË The Minister of Power, Works and Housing, Mr. Babatunde Fashola, yesterday disclosed that up to 2,000 megawatts (MW) of electricity were left unused in Nigeria because there was no good data to link up sources of supply to demand points. Fashola, who spoke at the December edition of the monthly power sector operators meeting in Geregu, Kogi State, explained that electricity generation companies (Gencos) in the country were now able to generate up to 7,000MW of electricity, and put about 5,000MW to the grid, with the balance of 2,000MW left unused. He noted that the amount of unused electricity was likely to increase in 2018, when about 1,129MW of new generation capacities would be added to the grid from the likes of 450MW Azura Edo plant, 215MW Kaduna power plant, and 240MW Afam Fast Power project, among others. According to him, there was thus the need for the industry

to clearly begin to link supply sources to demand points across the country, adding that the eligibility customers regulation which the electricity distribution companies (Discos) were against would address this. “The fact that we can produce over 7,000MW and can now only put over 5,000MW on the grid means that we have 2,000MW of unused power left in a country where many still require power. This is a new problem that we must resolve,” said Fashola. He noted: “We must get that 2,000MW out to the people who need it, because more power is coming in 2018 from places like Azura (450MW); Katsina wind (10MW); Gbarain (115MW); Kashimbilla (40MW); Afam III (240MW); Gurara (30MW); Dadin Kowa (29MW); and Kaduna (215MW) to mention a few. All of these do not include mini-grids and solar systems that are in various stages of development.” The minister stated that he has had instances of consumers complaining of lack of electricity

supply to them, and that such cases in a situation where up to 2,000MW of electricity was left unused was improper. According to him, “On December 7, 2017, I was listening to a radio program where a small business operator was discussing her fish business and the problems she was encountering. She was one of the many people whose lives President Buhari is committed to changing for the better. “As you would expect, she complained about power supply but she did not say where she was or where her business is located. This happening at a time when, as I have announced, that we are now able to produce up to 7,000MW of power and able to transport a similar capacity. It happened 48 hours after we successfully reached the peak supply of 5,019 MW put on the grid and distributed on December 1, 2017 and before the peak of 5,155MW. “It showed clearly that there is a gulf between the location of the need and the location of supply. If we can

produce 7,000MW but we can only distribute about 5,000MW, the problem has changed from lack of power to locating where the need is and designing a solution that takes the balance of 2,000MW to those who need it, who can use it and who can pay for it. “We must act to build the bridge that connects this gulf of supply and demand. That bridge is a bridge of data and information about finding the location of the businesses and industries that need power and getting the 2,000MW that is waiting for deployment to them. “The conversation clearly must change from there is no power, to what needs to be done to connect to the 2,000 MW that is available, and the additional power, which will come into production in 2018,” he stated, adding that he had initiated a meeting with huge consumer groups like the Manufacturers Association of Nigeria (MAN) to discuss means of channeling the excess power to them.

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Nigeria Facing Adverse Effects of Corruption, Says EFCC Auditor General: Only fight against graft will make Nigeria succeed Paul Obi ÓØ ÌßÔË The Economic and Financial Crimes Commission (EFCC) yesterday said Nigeria is

now facing torrents of adverse effects of corruption following a prolonged era of naked display of corruption which still pervades the society till date.

DMO Redeems N198bn Treasury Bills in December The Debt Management Office (DMO) has stated that the N198.032 billion Nigerian Treasury Bills (NTBs) which will mature in December 2017 will be repaid in full at maturity. Details provided by the agency showed that N131.415 billion and N66.617 billion of NTBs would mature on December 14, 2017 and December 21, 2017 respectively. Before now, the practice was to rollover NTBs at maturity. The government had announced plans to refinance some maturing domestic debt with external borrowing as part of its overall debt management strategy of reducing debt service costs. Other objectives of this strategy are to free up space in the domestic market for other borrowers and achieve a more sustainable debt portfolio mix of 60 per cent domestic and 40 per cent external. In addition, the redemption overtime will help reduce the refinancing risk associated with short-term borrowings through NTBs with tenors of 91, 182 and 365 days. As at September 30, 2017, NTBs accounted for 30.23 per cent of the federal government’s domestic debt of N12.5 trillion compared to the DMO’s target

of a maximum of 25 per cent. Providing further details, the DMO stated that the NTBs would be redeemed primarily using proceeds of the $500 million raised through a Eurobond Issuance by Nigeria in November 2017. Nigeria had issued a dualtranche $3billion Eurobond in November 2017 out of which $2.5 billion is to part-finance the deficit in 2017 Appropriation Act and the balance of $500 million is for the refinancing of domestic debt. By redeeming the N198.032 billion NTBs, the government is not only implementing its debt management strategy but also providing liquidity to the financial system to enable the private sector access credit from banks and issue securities in the domestic market to raise funds. The DMO expects operators in the market to use this opportunity to develop the other segments of the debt capital market such as corporate bonds. It added that this strategy of enabling the private sector to access funds and possibly at a lower cost than was hitherto possible, is consistent with the government’s policy of a private-sector led growth.

Acting Chairman of the EFCC, Ibrahim Magu, statedthis during an anti-corruption walk staged across the country to mark the 2017 International Anti-Corruption Day celebration. Staff of the EFCC staged anti-corruption walk across the country with calls on the people to take ownership of the fight against corruption for a better Nigeria. Led by Ibrahim Magu, the walk which took-off from the EFCC Head Office, Wuse 2, Abuja en route Unity Fountain to Area 11 junction, has as its theme, “United Against Corruption for Development Peace and Security.” Participants who moved amidst singing and dancing, carried banners and

placards saying, ‘Say No To Corruption’; ‘Corruption Kills’; ‘Corruption, Our Greatest Enemy’; ‘Kill Corruption Now’; ‘Do not be silent, blow the whistle to fight corruption’ and ‘Let us make Nigeria Great Again’. They also had Red Cards boldly inscribed on their ‘T Shirts”, to symbolically send corruption out of Nigeria. The walk featured stakeholders from diverse sectors and agencies including the Public Compliant Commission, Nigeria Police, Independence Corrupt Practices and Other Related Offences Commission (ICPC); Nigeria Security and Civil Defence Corps (NSCDC); organised labour, Ministry of Justice, staff of

the Office of the AuditorGeneral for the Federation, youth organisations, civil society organisations and African Centre for Media and Information Literacy (AFRIML). Speaking, Magu lamented that Nigerians had for long borne the pangs of corruption, adding that corruption had allowed diversion and conversion of public funds into private pockets and accounts adding that “it is high high time Nigerians are united against corruption for sustainable development, peace and security. “Our country has witnessed a torrent of the adverse effects of corruption and we need to kill the monster of corruption before it kills our country,”

he said. The anti-graft czar promised never to give up in making sure that corruption was completely eradicated in Nigeria stressing that, “the days of impunity are gone.” Also speaking, the AuditorGeneral of the Federation, Anthony Mkpe Ayine, who participated in the walk, urged Nigerians to own the fight against corruption because it had led to the decay of various sectors of the nation’s economy. “We cannot underscore the effects of corruption hence we need to join hands and fight the malaise. “I personally support this fight against corruption and it is when we are united in the fight against corruption that we will succeed,” Ayine stated.

G7, Gulf of Guinea Nations Join DEVELOPMENT PARTNERSHIP Indonesia Ambassador to Nigeria, Harry Purwanto; President/Director of PT TIMAH, Mr. Mochtar Tabrani; Chairman of Topwide Forces against Maritime Crimes L-R: Ventures Limited, Senator Annie Okonkwo; Chairman of Solid Minerals Development Fund, Alhaji Uba Saidu Malami; Former Deputy Chiemelie Ezeobi

The G7 Friends of the Gulf of Guinea Group (G7++FOGG), yesterday met in Nigeria to join forces with regional stakeholders to tackle the issues of maritime crimes bedeviling the region. Led by Italy, the G7++ harped on maritime crimes such as drug and human trafficking, illegal fishing and indiscriminate pollution in the Gulf of Guinea (GOG). According to the group, the GOG, with its over 6,000 nautical miles which stretches from Senegal in the North to Angola in the South covering 20 coastal states, is vital to the economy of nations. The highly attended meeting, which was hosted by the Chief of Naval Staff, Vice Admiral Ibok Ete-Ibas, focused on the fight against piracy, illicit trafficking of narcotics, weapons, human beings and goods, illegal fishing and marine litter, as well as the development of the maritime economy as a whole. The Lagos meeting is coming on the heels of the one held in Rome, Italy, where more than 120 participants from over 40 countries, regional organisations, non-governmental organisations and companies

met to discuss the security conditions of navigating in the GOG, where ships are often attacked by pirates. The G7++ comprises Germany, Canada, United States, Italy, Japan, United Kingdom, France, Belgium, Brazil (observer), South Korea, Denmark, Spain, Norway, the Netherlands, Portugal, Switzerland and the European Union. According to the G7++ President, Mr. Daniele Bosio, the important proof of the ever-increasing involvement of the African partners in building the region’s maritime security influenced the decision to hold the second annual meeting in Lagos. Meanwhile, the Minister of Defence, Mansur Dan-Ali, who was the special guest of honour, decried the recent increase of criminality in the GOG region. According to him, “In recent years, the Gulf of Guinea region experienced increase in the rate of criminality mostly in the Nigerian waters, which include kidnapping, piracy, illegal unregulated and unreported fishing, smuggling, human and drug trafficking, illegal bunkering and crude oil theft among others.”

Senate President, Senator Ibrahim Mantu; and MD/CEO of Topwide Ventures Limited, Mr. Tony Okonkwo, after signing a Joint Venture Agreement with Indonesia’s largest state mining company PT TIMAH, and Topwide Ventures Limited in in Abuja...yesterday

CSOs Give FG, Police 21 Days Ultimatum to Disband SARS Aisha Yesufu, others join protest Paul Obi ÓØ ÌßÔË As the controversy surrounding the operations of the Special Anti-Robbery Squad (SARS) continues, a coalition of Civil Society Organisations (CSOs) yesterday gave the federal government and the Nigerian Police 21 days ultimatum to disband SARS or face the wrath of Nigerians or face serious embarrassment. The coalition represented by Segun Awosanya, Convener # E n d S A R S #ReformPoliceNG, Deji Adeyanju, Concerned Nigerians, Ariyo Dare Atoye, Coalition In Defence Of Nigerian Democracy. Adebayo Raphael, Our Mumu Don Do Movement, Abdul Mahmud, Public Interest Lawyer and Bako Abdul Usman of Campaign For Democracy staged a protest at the Unity Fountain, Abuja with placards, calling for the scrapping of SARS.

They observed that “Nigerians have spent the last one week highlighting the travails many Nigerians suffer in the hands of SARS. “The stories that have been recounted on social media include stories of torture, a lack of respect for the rule of law, extortion, extrajudicial murder and the disappearance of hundreds of people. “These actions are indicative that the unit has outlived its usefulness and now constitutes a clear and present threat to the safety, wellbeing and welfare of most Nigerians. “We demand for an outright scrapping of the entire SARS unit across the country. Its members have become engrossed in crime, murder, brutality, extortion and disrespect for the rule of law in a manner that makes any attempt at reform a waste of time.” They also demanded for “the constitution of a panel by the

Police Services Commission to reform the Nigerian Police in its entirety. The agenda must include provisions for better training of police officers; provision of better equipment and firearms; better welfare including housing, insurance, prompt payment of salaries and pensions etc; establishment of a code of conduct and strict compliance thereto as well as strong disciplinary measures for any officer who violates the code of conduct. “We also demand for a public hearing at the Senate of the Federal Republic of Nigeria to enable Nigerians table their grievances before our elected representatives as well as the submission of memoranda on reforms of the Nigerian Police including recommendations on the amendment of laws to ensure a more efficient police force. “We demand thorough investigations into complaints

filed against SARS officers. We demand that such officers be identified and immediately brought to justice. In some cases, we will provide video and pictoral evidence against officers who have been seen to be involved in such acts of brutality and extortion. “We give the authorities 21 days within which to meet these demands failing which we will be compelled to resort to other measures to embarrass them into taking action. May God bless Nigeria,” they added. The Co-convener of Bring Back Our Girls, Aisha Yesufu, who also joined in the protest, explained that if nothing was done, the impunity by SARS would continue. She contended that with the brutality perpetuated by SARS, “Nigerians have continued to be at the receiving end turnby-turn; we will continue to come out until SARS is reform.

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Six Soldiers Killed in Boko Haram Ambushes Buhari instructs military to develop new strategies to fight sect Ademola Babalola ÓØ ÌËÎËØ At least six soldiers died in two separate Boko Haram ambushes in Borno State, military and civilian militia sources said yesterday. Four troops were killed and 12 injured on Sunday when their convoy was attacked near Damboa, 90 kilometres (56 miles) from Maiduguri, the capital of the state. Two soldiers were killed in the same area last Saturday, the sources told AFP, speaking on condition of anonymity as they were not allowed to talk to the media. A military officer in Maiduguri said the Sunday’s ambush happened when troops were on patrol between the villages of Nyeneri and Falawani. “The terrorists came in huge numbers and attacked the convoy using IEDs (improvised explosive devices) and gun trucks,” he added. A member of the civilian selfdefence force Civilian JTF gave a similar account, and said the jihadists made off with weapons before reinforcements arrived. He added: “Two soldiers died last Saturday when the six vehicles they were travelling in came under heavy attack from Boko Haram near Bulaburin (village).” The attacks came days after the military replaced the officer leading troops fighting Boko

Haram following a surge in attacks, including against military outposts. The army maintains the redeployment of Major-General Ibrahim Attahiru was routine, and the officer himself said suggestions he was sacked are “far from the truth.” He said in his farewell speech to troops yesterday that his move was “a normal exercise” and his redeployment to army headquarters in Abuja was a “call to higher responsibility.” Meanwhile, hundreds of people displaced by the violence deserted a makeshift camp in Birimari village in the Nganzai district of Borno State, some 80 kilometre North of Maiduguri. Troops had been sent to the village, which is the birthplace of Borno State governor Kashim Shettima, two years ago but soldiers were withdrawn last week, locals said. One of the displaced, Idrissa Karim, fled with others to Gajiram, the district headquarters, as fears spread of a possible attack. A bus driver who plies the route from the garrison town of Monguno to Maiduguri, which passes through Birimari and Gajiram, confirmed the displaced people had moved on. “The IDPs (internally displaced persons) were packing their tents and few belongings from the camp at Birimari and heading to Gajiram

for fear of Boko Haram attack after soldiers left the village,” the driver said. As well as leaving at least 20,000 dead, the eight-year conflict has forced millions from their homes. IDPs remain vulnerable because of a lack of security in camps and elsewhere. Meanwhile, President Muhammadu Buhari yesterday tasked the Nigerian Army to intensify its current efforts on the fight against Boko Haram and work closely with other security agencies to develop new strategies that will address the current security challenges facing the country and ensure total eradication of the insurgents and other criminal elements in our country.

Represented by the Chief of Defence Staff, Abayomi Olonisakin, President Buhari who lauded the military and other paramilitary organisations for the success over Boko Haram, enjoined them to quash the remnants of the insurgents with a view of returning peace to the troubled areas of the country. He spoke in Ibadan at the opening ceremony of the Chief of Army Staff Annual Conference 2017, which had the theme, ‘Re-appraising the Nigerian Army’s operational efficiency in containing contemporary national security challenges’. At the event, former Minister of Foreign Affairs, Maj. Gen. Ike Nwachukwu (rtd), delivered a lecture titled: ‘Safeguarding

Nigeria’s unity and sovereignty: A patriotic and constitutional imperative for the Nigerian Army’, while Governor Abiola Ajimobi of Oyo State played the host. The president also decorated 10 new pilots of the Nigeria Army Aviation with wings at the event, charging them to contribute to the nation’s fight against insecurity. In his address, Chief of Army Staff, Lt. Gen. Tukur Buratai, said the 10 young pilots were the first set to complete their pilot training from the NAA, while the coordinator of the establishment, Maj. Gen. Johnson Olawumi, commended them for their focus during training. While commending the

Nigerian Army for the success recorded against the insurgents Boko Haram so far, Buhari said: “The spectacular achievements of the Nigerian Armed Forces against terrorism, insurgency and militancy underscores my earlier position that these existential threats can be faced and defeated with the necessary measures within the ambit of the law. “The Nigerian Army must therefore intensify its current efforts and work closely with other security agencies to develop new strategies that will address the current security challenges facing the country and ensure total eradication of the insurgents and other criminal elements in our country.”

Osinbajo Meets Sanusi, Lamido Adamawa for Lasting Solution on Herdsmen Violence Omololu Ogunmade ÓØ ÌßÔË Vice President Yemi Osinbajo yesterday commenced a series of national consultations with relevant groups with a view to finding a lasting solution to the farmers-herdsmen’s conflicts in some parts of the country. A statement by the vice president’s spokesman, Mr. Laolu Akande, said the meeting which held at the State House, Abuja, was the fallout of his visit to Adamawa State last week following the outbreak of communal clashes in the state, Akande said yesterday’s meeting, which he described as the first in the series to be held, was attended by the Emir of Kano, Muhammadu Sanusi II, the Lamido Adamawa, Muhammadu Barkindo Aliyu Musdafa, elder statesman, Ahmed Joda and other leaders of Fulani communities. He said subsequent meetings would focus on other interest groups. According to him, previous reports on conflicts were presented at the meeting by the delegation, adding that causes of the conflict were analysed. Furthermore, he said the meeting unequivocally condemned the acts of violence that had taken place, especially the killing of children and women, pointing out that it also highlighted the need for law enforcement and other government agencies to

dutifully and objectively perform their constitutional roles. The statement added that the vice president assured the delegation of federal government’s resolve and commitment to entrenching lasting peace in all communities across the country as well as the resolution of all legitimate grievances. “There is nothing much more important now in showing our leadership beyond preventing tragedy and destruction of everything we have built as a nation. The entire Nigeria enterprise is bigger than other interests. The overall objective is ensuring that our nation is not enveloped by another crisis. “We now have an opportunity to do something. We have the opportunity to resolve the issues and to build a nation, where we and our children can live in peace,” the vice president was quoted as saying. Akande disclosed that following Osinbajo’s visit to Adamawa State last week, several food items and relief materials had been distributed to all the affected communities in the state including Shafaron, Kodomti, Tullum, Mzoruwe and Mararraban Bare in Numan Local Government Area. “Others communities that have received relief materials are Dong, Lawaru and Kukumso in Demsa Local Government Area of the state.

STRATEGISING FOR PRODUCTIVITY

L-R: Speaker, Yobe State House of Assembly, Hon. Adamu Dala Dogo; Secretary to the State Government, Baba Mallam Wali; Governor Ibrahim Gaidam, at the opening of a retreat for commissioners, advisers, permanent secretaries and general managers in Damaturu .... yesterday

Balarabe Musa: APC Has Nothing to Offer Nigerians John Shiklam ÓØ ËÎßØË

“The economy remains comatose, and in some sectors, particularly in Former Governor of the old industry and commerce, it is even Kaduna State and leader of getting worse. the Peoples Redemption Party “Monetary and fiscal management (PRP) yesterday said the ruling All has continued to lack coherence and Progressives Congress (APC) has consistency, or even predictability and nothing to offer Nigerians. strategic planning.” Musa who spoke during Accordingtohim,“unemployment, the National Executive Committee particularly amongst the youth, who (NEC) of the PRP in Kaduna, constitute the bulk of our population, said the APC rode to power on has assumed critical proportions and falsehood and empty promises. is now, for all practical purposes, a According to him, since the national emergency. party came to power about three “Yet, this APC administration, years ago, it has nothing to offer which rode to power on the back Nigerians more than subjecting of false promises to this generation them to untold hardship. of hapless young men and women, Musa said since 2015 when seems to have no answers to this the APC came to power, the ticking time bomb beyond slogans economy has remained comatose, such as N-Power.” unemployment has assumed critical Speaking further, Musa lamented proportion, while Nigerians are no that instead of creating jobs, the longer safe even in their homes as administration is busy cutting a result of insecurity, occasioned existing ones in the name of by kidnappings, armed robbery ‘rightsizing’ or ‘downsizing’. and other violent crimes. “This government, both at “As you are all aware, our nation the centre and in the states that today remains in a very sorry state it control, has proved that it has despite all the lofty promises and little or nothing else to provide flowery speeches made by the ruling Nigerians other than further mass government of the All Progressive impoverishment, frustration and Congress (APC) at the inception of hardships. the administration in 2015. “If we turn to the security front,

the same sad picture confronts us. Perhaps, President Muhammadu Buhari’s greatest appeal for many in 2015 was the belief that he was capable of dealing a dead blow to the insurgency, particularly as manifested by Boko Haram. “In these almost three years that the APC has been in power, the reality has been otherwise. “Yes, the Boko Haram camps in the Sambisa forest may have been wiped out, but the security menace that the group poses continues to manifest, with suicide bombs exploding almost on a weekly basis, particularly in the North-eastern parts of the country. “But apart from the Boko Haram insurgency, others have emerged in different parts of the country. “Recently, the Indigenous People of Biafra (IPOB) unleashed mayhem in the South-east. “Similarly, the militants in the Niger Delta are yet to sheath their swords,” he said. He said the “even more ominous is the threat to public safety and the security of lives and property posed by the marauding gangs of cattle rustlers, killer herdsmen and armed kidnappers. “We ask, where is the security

promised Nigerians by this APC administration? “In so far as the political environment is concerned, again the story is a sad one. Lacking any internal cohesion within itself, the APC administration has only spawned and promoted institutional political decay in the country. “In the name of an anti-corruption campaign, the government has been consstently assaulting due process ang the rule of law. “Court orders are flagrantly disobeyed by the very institutions that should enforce them. “Basic democratic rights are being cynically abused. While talking glibly about fighting corruption, the government shamelessly looks askance where corruption is exposed within its own very ranks, closets and cocoons”. Musa maintained that the PRP is the last hope of the masses if voted into power in 2019 and appealed to them to endure the challenges and vote out the APC in 2019. He promised that if voted into power in 2019, the PRPwould build a strong political, social and economic platform for the country that will transform the economic and social well being of Nigerians.

T H I S D AY ˾ TUESDAY, DECEMBER 12, 2017

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TUESDAYSPORTS

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

U E FA C H A M P I O N S L E A G U E

Real Madrid Drawn against PSG, Chelsea to Battle Barcelona Cristiano Ronaldo’s Real Madrid will continue their bid for a first European Cup treble in 40 years against Neymar’s Paris SaintGermain after the big-spending duo were on Monday drawn together in a mouth-watering Champions League last 16 clash. No club has won the European title three years running since Bayern Munich in the mid1970s, underlining how big an achievement it would be if Madrid -- 12 times winners overall -- won the trophy again in the final in Kiev in May. They know exactly what it takes to be European champions, and in Ronaldo have the most prolific goal-scorer in the competition’s history. A Real Director and former striker, Emilio Butragueno, regretted that one of the favourites would be eliminated so soon in the competition. “For the potential of the two teams, luck has worked out this way and one of the two teams will be out at the last 16 stage, which we think is a bit soon taking into account they are two of the contenders for the title,” Butragueno told BeIN Sports Spain. PSG made waves in the transfer market in the close season when they signed Brazilian star Neymar for a world-record 222 million euros ($261.5 million), followed closely by great French hope Kylian Mbappe, who will cost 180m euros when his loan deal becomes permanent next summer. “Every summer they have signed great players, they get stronger all the time and they have had a nearly impeccable group stage,”

THE FIXTURES Juventus v Tottenham Basel v Man City Porto v Liverpool Sevilla v Man Utd Real Madrid v PSG Shakhtar v AS Roma Chelsea v Barcelona Bayern Munich v Besiktas acknowledged Butragueno. “With Neymar and Mbappe they have improved a lot up front, they are a very dangerous team who will demand the best of us. We need to face both games like finals and for the fans it will be a thrilling tie. “Mbappe and Neymar are very dangerous. We need to play at our best, but we can’t forget this team has won the Champions League twice, we hope to have all the injured players back and the key is who has the luck over two games.” Butragueno added: “Of course it is the big tie of the round. ChelseaBarca is important too, but I think for the players that will be on show, it is the most attractive of all the ties.” PSG ambassador Maxwell said the Real tie threw up the chance for the Parisian club to atone for their 6-1 hammering by Barcelona that eliminated them in the last 16 last season. “It’s a good draw, with two good games to play,” Maxwell said. “Our fans will like it after we were knocked out by Barcelona last season. “It will be nice. It’s a beautiful challenge for the club. I think we’re ready for that.” While Real’s La Liga rivals

Barcelona were drawn against Chelsea, English Premier League leaders Manchester City play Basel, who have had some fine results against English sides in recent years. Five-time winners and current Bundesliga table toppers Bayern Munich drew Turkish giants Besiktas, while last year’s beaten finalists Juventus take on Tottenham. Bayern’s director of sport Hasan Salihamidzic said the Germans would not be underestimating Besiktas, who should enjoy some raucous support from the city’s Turkish community. “We know how strong they are after we followed their games against Leipzig. It will be a difficult task, but we are looking forward to the unusual atmosphere in their stadium,” he said. “One always says that it is a disadvantage to play at home in the first-leg, which is right - it certainly won’t be an advantage - but we are strong enough to accept that and we will give our all.” With a record five English clubs in the draw, three-time champions Manchester United face Sevilla and Liverpool, five-time winners, will be up against two-time former champions Porto. Unfancied Ukrainian club Shakhtar Donetsk will play Roma. First legs will be played on February 13/14 and 20/21, with second legs on March 6/7 and 13/14.

Salah Named BBC African Footballer of the Year Egyptian Mohamed Salah has been voted BBC African Footballer of the Year for 2017.

N P F L I N V I TAT I O N A L T O U R N A M E N T

Champions Plateau Utd Held By Enyimba Plateau United yesterday drew 1-1 with Enyimba, while Aiteo Cup winners Akwa United were also held to a 1-1 draw by MFM FC on the opening day of action in the NPFL Invitational Tournament in Kano. New signing Tosin Omoyele’s late penalty goal rescued Plateau United from defeat. Enyimba

raced in front after 33 minutes, when Chinedu Udeagha finished off a team play that involved Alalade and Austin Oladapo. The Aba club also failed to convert a penalty after 21 minutes. Akwa United on the other hand forced MFM FC to a 1-1 draw in the second game of the day. Ajibola Otegbeye drew Akwa

Salah… BBC African Best Player

United level in the 66th minute from the penalty spot after MFM took the lead 10 minutes earlier when Adekunle Adegboyega scored from close range. The tournament will continue on Wednesday with Kano Pillars taking on Akwa United while CHAN Eagles square up against Plateau United.

Following a record number of votes, the Liverpool star won ahead of Gabon’s PierreEmerick Aubameyang, Guinean Naby Keita, Sadio Mane of Senegal and Nigeria’s Victor Moses. “I am very happy to win this award,” the 25-year-old told BBC Sport yesterday. “It’s always a special feeling when you win something. I feel like I had a great year, so I’m very happy.” Salah, the Premier League’s top scorer with 13 goals, has enjoyed a stellar year for both club and country. In early 2017, the forward

was the central figure for Egypt as they finished runners-up at the Africa Cup of Nations. He also had a hand in all seven of the goals that took the Pharaohs to their first World Cup since 1990 - assisting two and scoring five, including the stoppage-time penalty against Congo that qualified them for Russia. “I want to be the best Egyptian ever so I work hard,” added Salah, who is the third player from Egypt to win the award and first since 2008. “I always follow my own way and I want everyone in

Egypt to follow my way.” Salah’s form at club level as been every bit as impressive as it has in internationals. In Italy, he scored 15 goals and made 11 others as he helped Roma finish second in Serie A, their best league placing in seven years, prior to joining Liverpool and scoring 13 times in his first 16 league games. “I would like to thank my Liverpool team-mates and I also had a good season with Roma so I have to thank my team-mates there and my team-mates in the national team,” said Salah.

Bayelsa Holds Sports Summit A first of it’s kind sports summit, tagged, “Bayelsa Sports: The Way Forward,” has been scheduled to hold in the Bayelsa State capital Yenagoa on Wednesday, December 13. The event scheduled to hold at the Lady Diama Memorial Event Place in Yenagoa, is being sponsored by sports facilities outfit, Monimichelle, According to a statement issued by organisers of the event at the weekend, Bayelsa State Governor, Seriake Dickson, ex internationals, royal fathers, the media and other football stakeholders have been listed to be in attendance. CEO of Monimichelle, Ebi

Egbe said in the statement that the summit “is being put together in a bid to take Bayelsa State sports to the next level and to compliment the great efforts being made by the state government to develop the sector in the state.” Already, veteran football administrator, Dr Peter Singabele has been appointed to serve as chairman of the summit while Gov Dickson is the Special Guest of Honor. “We are dragging several ex internationals like home-boy, Samson Siasia, Nwankwo Kanu, Austin Jay Jay Okocha, Waidi Akanni to Yenagoa. “We have also invited some

Super Eagles players like Odion Ighalo and Obafemi Martins to grace the event. “We are expecting a full house of sports stakeholders and the whole essence is to draw up a road map that would see Bayelsa become Nigeria’s mecca of sports in line with theme of the summit, Bayelsa Sports: The Way Forward,” Egbe noted. Egbe whose firm is handling the re-construction of the Samson Siasia Stadium in Yenagoa stated further that the time has come for government at all levels to pay good attention to sports and use it to create jobs and fight youth restiveness.

Head of Marketing, Seven-Up Bottling Company Plc, Mr. Norden Thurston (2nd left) presenting the Most Valuable Player (MVP) award to Sand Eagles’ Abu Azeez, (2nd right), with them is a representative of Tag Heuer, Sezno Benson (left) and the Group CEO, First City Monument Bank (FCMB) Ladi Balogun (right), shortly after the Nigeria versus Spain grand finale of the just concluded Copa Lagos… last Sunday

Tuesday December 12, 2017

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Price: N250

MISSILE Ogechi Ololo to Nigerians “Here, in Imo State, we have free education. This policy makes people happy. By paying for the children’s school fees simply means parents do not need to worry. That is a policy of happiness. That is part of the Ministry of Happiness” – Imo State Commissioner for Happiness and Couples Fulfillment, Mrs Ogechi Ololo (Nee Okorocha) defending her appointment.

TUESDAY WITH REUBENABATI abati1990@gmail.com

PDP Convention: The Aftermath

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he elective Convention of the Peoples Democratic Party (PDP) that took place at the Eagle Square in Abuja on Saturday, December 9, was a charade and an anti-climax. Everyone who had been a witness to the travails of the once-upon-a-time ruling party which lost power to the All Progressives Congress in 2015 – viz, the humiliation, the victimization of the party and its agents by the successor-government, the catastrophic seizure of the party by a certain Ali Modu Sheriff, the desertion of the party by opportunists seeking fresh foothold, protection, and relevance in the new ruling party, the pummeling of the party as a party of corruption by both the stupid and the knowledgeable- indeed nearly everyone who witnessed all this had expected that the party would use the opportunity of the Convention to renew itself and set the tone for a new beginning. The event of Saturday December 9 was truly meant to be the PDP’s new beginning but was it? No, it wasn’t. The election that took place was another night of the long knives. After the macheting, the ego slaying, the marching out, and the intrigues of Caesarian flavour, the PDP was left in a worse state than it had been. It was sad. It was disappointing. It was a big let down. The All Progressives Congress has been gloating, trying to score a cheap point out of the melodrama of this PDP Convention, but it does not lie in the mouth of the APC to put down the PDP Convention. The tragedy of Nigerian politics right now is that we do not yet have, 18 years after our return to democracy, a political party that represents the closest ideals of democracy. There are 50 political parties or so on the list of the Independent National Electoral Commission (INEC) but they are all special purpose vehicles, designed to put ambitious men and women who go by the title of professional politicians in the corridors of power and more precisely, in close proximity to Nigeria’s resources. These politicians are full of guile and bile; they would do whatever it takes to remain relevant, and once they gain power, they use it as they wish. More than two years after taking power, the APC has not been able to define what it had in mind when it campaigned on the platform of “change”. It has not been able to hold a Convention or form a Board of Trustees. Its leaders are divided, the government it has put in place is hobbled by inter-agency/intra-governmental rivalry and misunderstanding. It has proven to be no better, if not worse than the PDP it replaced. In the elections that have been held under the watch of the APC, be it in Ondo, Edo or Anambra, electoral integrity was a problem; whatever irregularities or chicanery may have been on display at the PDP convention are not alien to the APC or any other Nigerian political party. This is the big picture for informed consideration. But we rightly complain about the PDP, because we had thought that given the humiliation it has suffered since its exit from power, given also, the winner-takes-it-all and vindictive posture of the ruling APC, and given, if we may add, the obvious failure and refusal of the APC to impress the people with quality governance, the leaders of the PDP would do everything to project their party unto a higher pedestal and regain the

Secondus confidence of the Nigerian people. On Saturday, December 9, they failed to do so. They ended up showing that they have learnt no lessons at all, and that they are perhaps incapable of learning. December 9 was the United Nations International Day Against Corruption. The label of corruption has been the worst stigma that the PDP has had to deal with in its short but eventful history. Rather than use the occasion of its Convention to market itself positively, the party delivered in broad daylight, a Convention that was a loud promotion of corruption, and a brazen mockery of the Buhari administration’s heavily conflicted campaign against corruption. Long before the voting began, the news had been abroad that a certain Governor, namely Nyesom Wike of Rivers State had been going about insisting that his candidate, Uche Secondus must be the next Chairman of the party. Secondus, in his own right, a tested politician, and a man of great ability, had also been quoted saying it was the turn and the right of the South-South to produce the next Chairman of the PDP, regardless of an advertised agreement that the party’s Chairmanship should be zoned to the South West. The main story was that Wike is the new financier of the party and that at the critical moment when the party was drowning and seeking survival, it was Wike who came to the rescue with financial oxygen. The PDP went to the Convention of December 9 amidst loud whispers about how the party was about to be hijacked by highest bidders. Delegates were reportedly informed that if they voted in a certain manner, they would get a sum of N500, 000, an amount that reportedly went up to $10, 000 per delegate. Nobody controverted the story even as one of the founding fathers of the party protested that the Convention should not be sold to the highest bidder. The suspicions and the whispers gained greater currency and verisimilitude, when just before the Convention, one of the Chairmanship aspirants, Chief Olabode George withdrew from the Chairmanship race. He accused Governor Wike of manipulating the process and of insulting the Yoruba race. Wike had reportedly appeared on television to tell the South West aspirants to forget their ambition because the Yoruba have never contributed much to the PDP. The witchcraft of ethnic marginalization and victimization is a

convenient deus ex machina for aggrieved Nigerian politicians. Bode George dragged it out and railed in purplish prose: “Everywhere you look, the Yoruba people are now being brazenly insulted…The Peoples Democratic Party has now mangled and distorted its soul and spirit...There is no sanity or any sense of enlightened civility.” Events moved quickly as other South West aspirants withdrew from the race and announced Professor Tunde Adeniran as their consensus candidate. The only other South West candidate who remained in the race, Professor Taoheed Adedoja got zero vote at the end of the day. He too must have been so incensed he probably refused to vote for himself in protest! It was an interesting day. Still, before the voting began, a so-called Unity List showed up at the venue of the Convention. It was distributed to delegates and it soon found its way into social media. Envelopes of dollar notes were also allegedly distributed. When the voting began, all the names on the Unity List were listed first and strategically positioned and when the results were tallied, all the names on the Unity List won. Note this: before that announcement, Governor Ayo Fayose had appeared on AIT Television where he boasted arrogantly that whoever was not happy with the outcome of the elective Convention had no option but to accept the results. Other Governors also said they had reached a consensus to support Uche Secondus and the Unity List. The question is: what was the purpose of the Convention then? If the new leaders of the party had been selected, the main business of the December 9 Convention should have been a ratification of the Unity List and not a so-called election. Uche Secondus and his Unity team may be capable men and women, but the process that has produced them is greatly flawed. It was to all intents and purposes a kangaroo process about which questions of legitimacy may be rightfully raised. It is even more worrisome, that whereas there were 2, 115 registered delegates, the final vote count of 2, 297 exceeded that number. Were there ghosts at the Convention? Professor Tunde Adeniran who walked out of the Convention in protest got merely 230 votes. Raymond Aleogho Dokpesi and Gbenga Daniel, also Chairmanship aspirants, have congratulated Uche Secondus, but the party is at the moment in the throes of a silence of the graveyard. It is not a comfortable place for a political party to be. The Governors and their allies who have currently seized control of the PDP may have done greater damage to the PDP than the Ali Modu Sheriff faction that failed. In the days to come, nobody may defect from the PDP on account of this Convention, and no person may go to court to ask for the cancellation of its outcome but it is risky to alienate significant segments of the party as has been done. This omission and the triumph of a cash-for-position politics was one of the many factors that divided the party and robbed it of victory in the 2015 general elections. Wike, Fayose and their co-travellers are said to be the new PDP panjandrums. Governor Wike, Governor Fayose and the new boys on the block who have taken control of the PDP should moderate their triumphalism. They should remember the words of the sage who said that

those whose palm kernels have been cracked for them by benevolent spirits should learn to be humble. They should ask the elders of the party to tell them some stories about the past. Governor Gbenga Daniel who was frog-jumped out of the race, and who was not even allowed to add a candidate to the Unity List was once a powerful PDP decision-maker. The same is the case for Donald Duke, Liyel Imoke, Obong Victor Attah, Sir Peter Odili, Sanimu Turaki, Abdullahi Adamu, Ahmed Muazu, Achike Udenwa, James Ibori, Lucky Igbinedion… but where are they all today? Governor Olusegun Mimiko, most recently of Ondo state, and some other yesterday men did not even bother to attend the December 9 Convention. Anyhow, my fear is that all the partners who contributed candidates to the Unity List and shared the positions among themselves are not working with any defined purpose other than their selfish interests. As they soon abandoned one another after endorsing the caretaker Chairmanship of Ali Modu Sheriff, they may again soon part ways when the differences in their motives swim to the surface. The victim will again be the party. This is indeed sad because the APC has performed so poorly in power there is no reason why it should beat the PDP in 2019. But if the PDP does not quickly put its fallen house in order, it will fall into its own grave. Since it lost power at the centre, Nigerians had looked up to the PDP to provide a robust opposition to the new ruling party. The party continues to fail woefully in this regard. The opposition to the Buhari administration has been majorly self-inflicted; it is not because of any creativity on the part of the PDP or any other political party. The opposition has come mainly from a disappointed electorate that was promised change but got stasis, promised prosperity but received penury, offered hope but handed despair, motion instead of movement, opaqueness in place of transparency. Bode George dismissed the PDP Convention as “brazen fraud and absolutely preconceived, monetized, mercantilist Convention”. Political party corruption is the stimulus for corruption in the larger society. The crisis of internal democracy within our political parties remains a major challenge in Nigerian democracy. If the PDP must survive, new Chairman Uche Secondus and his Unity team must address the crisis of legitimacy of their own becoming. They must ensure that the PDP does not go into the 2019 elections as a divided and incapacitated party. Secondus, now Nulli Secondus, should adopt a total approach by reaching out immediately to all aggrieved parties, and show that he is an independent umpire as the PDP begins the search for a Presidential standard bearer. He must disown the ethnic umbrella of his Chairmanship and project himself as an unbiased, open-minded party leader and as his own man. Whatever may have happened at the Convention, he can still keep the party whole and together, since in any case, Nigerian politicians are always ever so circumspect and cowardly in a situation like this - nobody may take the principled position of going to court to challenge the irregularities at the Convention.

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