Tuesday 19 December 2017

Oil Prices Rise as PENGASSAN Strike, North Sea Pipeline Threaten Supply Union suspends planned strike but petrol scarcity to persist as depots run out of stock Ejiofor Alike and Solomon Elusoji in Lagos with agency report Oil prices edged higher again yesterday as a planned

workers’ strike in Nigeria’s oil and gas industry and the North Sea pipeline outage threatened crude supply to the international market. However, the planned strike

by oil workers under the aegis of Petroleum and Natural Gas Senior Staff Association (PENGASSAN), which was scheduled to commence at midnight yesterday, was

suspended. The suspension of the strike followed the intervention of the Director-General of the Department of State Services (DSS), Mr. Lawal

Daura, Minister of Labour and Productivity, Mr. Chris Ngige, and Minister of State for Petroleum Resources, Dr. Ibe Kachikwu. But despite the suspension

of the planned strike, nationwide scarcity of petrol was expected to persist as only six out of 28 functional depots Continued on page 6

FG Orders Dangote, BUA to Vacate Disputed Mining Site in Edo … Page 9 Tuesday 19 December, 2017 Vol 22. No 8279. Price: N250

www.thisdaylive.com TR

TODAY'S WEATHER

ABUJA 25°C-33°C

MAIDUGURI 31°C-31°C

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In a Rare Move, Buhari Gives Service Chiefs Third Term Northern Nigeria gets first female one-star general

Paul Obi in Abuja Following the uptick in bombings and attacks in the North East by Boko Haram terrorists and the uncertainty in the Niger Delta, President Muhammadu Buhari, in an unprecedented move, extended the tenure of the four service chiefs for the second time yesterday, effectively giving them a third-term stint in

office. The service chiefs comprise the Chief of Defence Staff, General Abayomi Gabriel Olonisakin; Chief of Army Staff, Lieutenant-General Tukur Yusufu Buratai; Chief of Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas; and the Chief of Air Staff, Air Marshal Sadique Baba Abubakar. Continued on page 6

Trouble Looms for PDP, Adedoja Asks Court to Void Secondus’ Election

APC, PDP engage in counterblows over $1bn to fight insurgency Onyebuchi Ezigbo in Abuja Despite efforts of the reconciliation committee of the Peoples Democratic Party (PDP) to appease defeated aspirants at its national convention held ten days ago, one of the aspirants for the chairmanship post, Prof.

Taoheed Adedoja has filed a suit at an Abuja Federal High Court challenging the outcome of the elective convention, which saw the emergence of Uche Secondus as the national chairman of the party. Continued on page 6

S'Africa's ANC Picks Cyril Ramaphosa as Leader... Page 35

PAUNCHY PLAYERS AT CHARITY MEET... L-R: Speaker of the House of Representatives, Hon. Yakubu Dogara; President of Dangote Industries Limited, Alhaji Aliko Dangote; Sokoto State Governor, Hon. Aminu Tambuwal; and Senior Special Assistant to the President on National Assembly Matters (House of Representatives), Hon. Abdulrahman Kawu Sumaila, during the charity football match held to commemorate Dogara’s 50th birthday and raise funds for orphanages and internally displaced persons (IDPs) in Abuja… Sunday

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TUESDAY, ͚Π˜ ͺ͸͚Ϳ Ëž T H I S D AY

PAGE SIX IN A RARE MOVE, BUHARI GIVES SERVICE CHIEFS THIRD TERM But the tenure extension, the second in a row for Olonisakin, Abubakar and Ibas, was seen as rare in the military establishment. Buhari had in December 2016 and June this year extended the tenures of the three officers, raising hopes among senior personnel in the Armed Forces that they would finally be retired this month and other officers promoted to replace them. Based on age or years of service, Olonisakin, Ibas and Abubukar were due for retirement exactly a year ago while Buratai is not due for retirement till 2018. However, a statement yesterday from Col. Tukur Gusau, spokesman to the Minister of Defence, Mansur Dan-Ali, said: “The President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, President Muhammadu Buhari, having carefully reviewed the on-going military operations across the nation and the efforts of the Chief of Defence Staff and the

service chiefs in the counter insurgency operations in the North-east, coupled with the security situation of the Niger Delta region, has graciously approved the extension of tenure of service of General Abayomi Gabriel Olonisakin, the Chief of Defence Staff, Lieutenant-General Tukur Yusufu Buratai, Chief of Army Staff, Vice Admiral Ibok-Ete Ekwe Ibas, the Chief of Naval Staff, and Air Marshal Sadique Baba Abubakar, the Chief of Air Staff. “This extension is pursuant of the powers conferred on the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria by Section 218(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria and Section 09.06 of the Harmonised Terms and Conditions for Service for Officers (2012) Revised. “The Minister of Defence Mansur Muhammad Dan-Ali, therefore, congratulates the Chief of Defence Staff and

service chiefs for earning the confidence of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and the people of Nigeria leading to their extension of service.� But as news of the second tenure extension spread through the military establishment, military observers said this was unprecedented in the history of the Armed Forces, as tenure extensions were rare and had never exceeded an extra term. Although no senior officer was willing to go on the record on the issue, some hinted that the decision to extend the tenure of the service chiefs might not be unconnected to the approval granted to the president by the state governors to withdraw $1 billion from the Excess Crude Account (ECA) to upgrade the military’s intelligence capabilities and procure more weapons for the fight against the insurgents in the North-east.

One general who preferred not to be named, said the plan was to retain the service chiefs who are already conversant with government’s plan to up the tempo in the fight against Boko Haram, a situation which may be more difficult to execute should new service chiefs be appointed midstream. Despite the president’s seeming confidence in the service chiefs, THISDAY gathered that there might be some grumbling among senior officers due for promotion.

North Gets First Female Commodore Irrespective of the grumbling among some senior officers in the military, there was a reason to smile yesterday when northern Nigeria got its first female one-star general in the Nigerian Navy, 58 years after its establishment. The milestone was reached following the promotion of Navy Captain Jamila Sadiq

Malafa to the rank of Navy Commodore. Announcing her promotion, the Chief of Naval Staff, represented by the Naval Chief of Policy and Planning, Rear Admiral Henry Babalola, commended the efforts of Malafa and urged her to work harder. Babalola explained that her promotion to the rank of Navy Commodore was as a result of hard work, adding: “The promotion is a call for more hand work.� Responding, Malafa said her experience had been wonderful and expressed joy over her promotion to a one-star general. Malafa said: “We previously had two female admirals, one from the South-west and one from the South-south, we have never had one from the North. This is the first time we are having a one-star general in the Navy from the North.� Also speaking on the challenges confronting northern Nigerian women in enrolling in the military, she

stressed that there were a lot of challenges, but they should not relent as hard work and dedication would eventually pay off. “You must be up and doing, you must be on your feet and you must be ready to compete with men favourably. “There is no gender discrimination when it comes to training and when it comes to promotion,� Malafa submitted. Malafa was born in Gombi Local Government Area of Adamawa State and was educated at St. Theresa’s Primary School, Luggere, and Government Secondary School, Hong, both in Adamawa State. She first earned a certificate in nursing, before proceeding to study Law at the University of Lagos. She also holds a Master’s degree in Constitution and Criminal Law from the University of Lagos and another Master’s in Law from Malta Maritime Law Institute. She is currently pursuing her doctorate degree.

He said the defendants in the case, including the chairman of the convention committee of the PDP, Delta State governor, Ifeanyi Okowa, the secretary, and new national chairman, Secondus, had been appropriately served. “I have suffered psychological trauma as a result of the public ridicule the election result has caused me, my family members, friends and associates. “My lawyers are demanding for appropriate compensation for damages, ridicule, embarrassment and disrepute brought to my name as a result of my wilful exclusion from participating in the election resulting in the zero score credited to my name which is now in the public domain,� he added. When asked if he had been contacted by the PDP

reconciliation committee headed by the Bayelsa State governor, Henry Siriaki Dickson, a visibly angry Adedoja said the committee had reached out to him to verify the date they were supposed to meet, but that after giving them a date, they failed to show up.

TROUBLE LOOMS FOR PDP, ADEDOJA ASKS COURT TO VOID SECONDUS’ ELECTION Adedoja, a former Minister of Youth and Sports, was one of the four chairmanship aspirants who eventually stood for the election after five others withdrew from the race. He, however, scored no vote at the election. At a press conference in Abuja yesterday, the aspirant said the declaration of a zero score credited to him by PDP had embarrassed and maligned him “and brought great ridicule� to his political career built over 14 years. Last week, another group led by an aggrieved aspirant for the office of the National Organising Secretary (NOS), Dr. Godwin Duru, also questioned the conduct of the convention and gave the PDP Board of Trustees (BoT) a seven-day ultimatum to convene a meeting of the National Executive

Committee (NEC), failing which they would release the “real results� of the convention and form a parallel National Working Committee of the PDP. While objecting to the result, Duru had said: “The one they have now, which they manipulated, is not the real result. We have our own result, which is the real result that came out of the convention, which they refused to call. “But when the time comes, after the expiration of the seven days we gave as ultimatum, we will announce the real results.� In suit No. FHC/ABJ/ CS/1225/2017 filed on Adedoja’s behalf by Messers Rickey Tarfa & Co., the aspirant claimed that his name was wrongly spelt as “Taoheed Oladoja� thereby misleading delegates and robbing him of victory at the convention.

He said when he observed the anomaly, he and his agent reported the error to the relevant officials in charge of the convention but no remedy was made. Angered by the outcome of the chairmanship election for which he got no vote, he said among his prayers was to declare the election for the post of chairman of the PDP held at the Eagle Square, Abuja on December 9, null and void. “Pray the court declares as null and void any document submitted by PDP or by the purported occupier of the position of the national chairman to INEC. “Pray the court for the cancellation of the national chairmanship election held on Saturday, December 9 at the Eagle Square. “Pray the court to order the conduct of another

elective national convention for the election of national chairman within 30 days of nullification of the elective national convention held on December 9,� he said in his prayer to the court Adedoja further asked the court for an order restraining the Independent National Electoral Commission (INEC) from recognising Secondus as the national chairman of the PDP on the grounds that the election where Secondus was declared chairman of PDP, he was unlawfully excluded from the list of contestants for the position of chairman of the party. He held that his exclusion was a flagrant violation of the Electoral Act, the constitution of the PDP, the guidelines for the conduct of the national convention and the Constitution of the country.

with the federal government, PENGASSAN called off its proposed strike, which was scheduled to start by midnight yesterday. A statement signed by PENGASSAN’s national public relations officer, Fortune Obi, said the suspension was due to the intervention of government officials. The PENGASSAN statement also noted that Neconde Energy, represented by the company’s managing director and lawyers, in a meeting with the association, had agreed to recall its sacked employees and promised to allow PENGASSAN to exist within its corporate structure. The Minister of Labour and PENGASSAN “therefore agreed to endeavour to resolve the anti-union posture by other indigenous companies and marginal field operators� while a meeting was fixed for the second week of January 2018 to look at the issues. PENGASSAN had on December 7 announced its intention to embark on strike due to what it described as “unfair labour practices� and

the “seemingly untameable posture� of some indigenous oil and gas companies, including Neconde Energy and marginal field operators by the relevant agencies of government. But despite the resolution reached by PENGASSAN and government, fuel queues were expected to persist for a few more days as only a handful of depots operated by independent oil marketers in Lagos – Aiteo, D-Jones, Fatgbems, Folawiyo, NIPCO, and MRS – had petrol at their depots out of the 28 functional depots in state. THISDAY’s market survey showed that the ex-depot price of petrol at one of the depots was N146 per litre, while others were selling at N143 as opposed to the official ex-depot price of N133.28. However, major marketers such as Conoil, Oando, Mobil, MRS, Total, and Forte Oil sold at the official price but to only their dealers. Based on the high ex-depot price, some retail outlets were forced to sell a litre of petrol above the N145 pump price while stations adjusted their pumps to

shortchange customers. Following the nationwide scarcity, the Nigerian National Petroleum Corporation (NNPC) yesterday restated that the federal government has no plan to increase the pump price of petrol. Speaking during the inauguration of a new mega filling station built by Northwest Petroleum and Gas Limited along the Lagos-Epe expressway in the Ajah area of Lagos, the Group Managing Director, Nigerian National Petroleum Corporation, Mr Maikanti Baru, represented by the Managing Director, Retail, NNPC, Mr Yemi Adetunji, assured Nigerians of the availability of petroleum products in the country. “Once again, I would like to urge Nigerians to avoid any panic buying as there are sufficient petroleum products available, and report any case of hoarding or profiteering to the appropriate authorities,� Baru said. Baru congratulated the managing director of Northwest Petroleum on the successful construction

But even as the PDP was yet to come to terms with the problems brewing from within, the ruling All Progressives Congress (APC) yesterday responded to the criticism of the main opposition party over the approval given by the state governors last week to President Muhammadu Buhari to withdraw $1 billion from the Excess Crude Account (ECA) to fight the insurgency in the Continued on page 8

OIL PRICES RISE AS PENGASSAN STRIKE, NORTH SEA PIPELINE THREATEN SUPPLY operated by independent marketers in Lagos had fuel in their depots. Reuters reported that a fall in the number of U.S. rigs drilling for oil also underpinned prices, but growth in U.S. crude output cast a shadow over the market. Brent crude futures, the international benchmark, sold at $63.59 a barrel yesterday while U.S. crude futures rose to $57.67. Brent had traded as high as $63.91 earlier in the day but pared gains after Ineos, operator of the North Sea Forties pipeline, said the crack that shut it down had not spread. The 450,000 barrels per day (bpd) link that provides some of the physical crude underpinning Brent has been shut since December 11, forcing Ineos to declare a force majeure on all oil and gas shipments from it last week. Senior oil workers in Nigeria were also scheduled to commence a strike action, sparking concerns over exports of crude from the country. But after holding talks

APC, PDP in Counterpunching

and inauguration of the mega station, saying the new station would boost NNPC’s efforts to ensure the availability of petroleum products to Nigerians. Also speaking during the inauguration of the facility, the Managing Director, Northwest Petroleum, Mrs. Winifred Akpani, said the mega filling station was constructed as part of the organisation’s quest to expand its retail business in strategic and high impact locations in major cities across the country. Akpani noted that the expansion plan would not be complete without another mega filling station in Lagos. She stated that the company has made significant progress since its inception, pointing out that it had moved from the supply of diesel in 200-litre drums 19 years ago to loading out a daily average of six million litres. She urged the federal government to deregulate the downstream sector of the economy, stressing that this would lead to the rapid development of the sector and the economy at large.

TOP GAINERS PRESCO UPDC CHAMPBREW VITAFOAM UNIONBANK TOP LOSERS CADBURY ETERNA INTERBREW

NGN NGN 5.83 72.00 0.15 2.80 0.10 2.10 0.14 2.94 0.37 7.92 NGN NGN 0.87 13.90 0.21 3.99 2.74 52.10 NASCON 0.96 18.34 CAVERTON 0.06 1.31 HPE Nestle Nig Plc â‚Ś1,464.00 Volume: 752.113 million shares Value: N127.933 billion Deals: 3,576 As at yesterday 18/12/17 See details on Page 31

% 8.8 5.6 5.0 5.0 4.9 % 5.8 5.0 5.0 4.9 4.3

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T H I S D AY TUESDAY DECEMBER 19, 2017

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TUESDAY, ͚Π˜ ͺ͸͚Ϳ Ëž T H I S D AY

NEWS

Emirates Confirms Death of Nigerian Onboard Dubai-Lagos Flight Chinedu Eze Dubai-based carrier, Emirates Airways, has confirmed that a young Nigerian lady, Kofo Abaniwonda, died onboard its flight from Dubai to Lagos last Friday. The spokesman of the airline said that the cabin crew on board Flight EK 783 from Dubai to Lagos on December 15 found a passenger unconscious in her seat as the flight was preparing for descent. “Our cabin crew consulted doctors on board the flight and on the ground via Emirates’ Medlink system. “However the passenger was unresponsive. Upon arrival in Lagos, the medical authorities on the ground declared that the passenger had sadly passed away. Emirates expresses its condolences to the family,� the airline said. According to reports, the deceased was buried the next day in Ikorodu, Lagos. Sources at the airport indicated that the late Abaniwonda may have traveled to seek medical attention in South Africa but possibly suffered a heart attack on her way back to Nigeria via Dubai. The deceased with Passport Number A07562816 was said to be unwell throughout the flight and lost consciousness before she

Emirates aircraft finally gave up the ghost. On arrival, the airline crew was said to have notified the medical team of the Federal Airports Authority of Nigeria (FAAN). The head of FAAN’s medical team, Dr. Akano, was said to have

confirmed her death. FAAN officials reportedly evacuated her body from the aircraft, loaded it in a FAAN ambulance and moved it to the general hospital in Ikeja, from where it was taken and buried the following day. There have been a series

of similar deaths onboard flights departing or arriving Nigeria. In August this year, a Nigerian, Mr. Sylvanus Amachukwu Godwin, slumped and died onboard an Ethiopian Airlines Flight 606 en route Addis Ababa

to Guangzhou, China. Also in February last year, a female passenger on an Arik Air flight from Port Harcourt to Lagos was confirmed dead on arrival at the Murtala Muhammed Airport Domestic Terminal 1, Ikeja, Lagos, by medical

personnel. Three years ago, the British Deputy High Commissioner to Nigeria, Ambassador Peter Carter Leslie, slumped and died on arrival at the Murtala Muhammed International Airport, Lagos.

partisan activities. The PDP said APC’s arguments was merely diversionary and lame, adding that the attempt to claim that 11 PDP governors were part of the approval in a meeting superintended and eminently directed by Vice-President Yemi Osinbajo was merely begging the question. PDP spokesman, Kola Ologbondiyan said in a statement that the ruling party was in the habit of painting a “holier than thou picture of itself whereas the whole world knows it reeks of corruption�. “The truth remains that the APC government has been caught in the act and no amount of diversionary finger pointing will detract from the fact that it tried to use the fight against the insurgents as a ruse to secure the money, which they have arranged to spend on extraneous subheads including partisan activities. “It is a known fact that under this APC government, monies meant for insurgency-related issues in the North-east have been diverted and that the only reasons the culprits have not been prosecuted is that they enjoy the cover of APC government. “Nigerians have not forgotten how leading members of the APC diverted funds and sold

items meant for insurgencyrelated issues including relief items for internally displaced persons (IDP) in the North-east. “How can the APC point accusing fingers when Nigerians are all aware of the heinous diversion of N5 billion meant for the IDPs under the Presidential Initiative on the North-east, for which the Senate mounted a stiff investigation, leading to the indictment of officials of the APC government? “What has the APC to say to the open indictment of their former SGF over the atrocious diversion of N500 million meant for IDP activities in the North-east? “Nigerians have equally not forgotten the motion by Senator Baba Kaka Garba from Borno Central, who last year unveiled how some individuals known to have connections with the APC fraudulently cornered N1.2 billion from the federal government under the guise of supplying items to IDPs, only for the money to be diverted for other purposes, which we know are related to APC interests,� the PDP said. The PDP observed that Nigerians on a daily basis are now counting the exit day for the APC-led federal government and no amount of propaganda will save the ruling party from the doomsday.

TROUBLE LOOMS FOR PDP, ADEDOJA ASKS COURT TO VOID SECONDUS’ ELECTION North-east, saying that the president would not misappropriate the funds. The PDP at the weekend had challenged the Buhariled administration to explain to Nigerians why it still needed the $1 billion to fight Boko Haram after it had claimed that the terror group had been “technically defeated�. The main opposition party had described as inexcusable moves by the APC federal government to divert attention from its attempt to pilfer $1 billion from the ECA to finance partisan activities targeted at the 2019 elections. But in its reaction yesterday, APC said the allegations by the PDP that the real purpose of the said $1 billion was to fund its presidential campaign ahead of 2019 was “preposterous, baseless and ridiculous�. A statement issued by APC spokesman, Mallam Bolaji Abdullahi, said PDP’s fears may have arisen from a similar situation when as a party in power it diverted monies meant for weapons into the funding of political campaigns. “They have not realised that it is a new day and President Muhammadu Buhari will not play politics with money meant to protect the lives of innocent Nigerians or allow anyone to engage in such

brigandage that Nigerians suffered under the PDP,� APC said. Elaborating on the process that led to the approval for withdrawal of the funds from the ECA, APC said the Nigeria Governors’ Forum (NGF) that took the decision has eleven (11) PDP governors as its members. It said more than onethird of the NGF is made up of members of other parties other than the APC, adding that “governors who are not members of our party would not have supported the decision to approve funds that were ostensibly meant to fund another party�. “In essence, the PDP is by this allegation accusing their governors of disloyalty or suggesting that they were bewitched into supporting the decision. It is that ridiculous! “However, we can understand why it is easy for PDP to arrive at its ludicrous allegation. A similar approval in excess of $2 billion was granted to the PDP government when they were in power. “They knew what they did with the money. It is a classic case of a serial killer who sees even a table knife as a murder weapon. “Another reason that the PDP has given for opposing the approval was that the federal government

had claimed that Boko Haram has been technically defeated. “The military authorities have done enough to explain the need for the money, we therefore find no need to repeat the arguments. “It appears however that the PDP does not understand that winning the peace is as important as winning the war. There is therefore no contradiction in saying that Boko Haram is technically defeated and saying that more weapons and training are needed for our military and the military of neighbouring countries whose cooperation is necessary to finally rid our countries of the menace of Boko Haram. “We conclude by saying that we understand the pressure that the PDP is facing to justify its role as an opposition party, but they need to be reminded that opposition is not the same as opposing everything, including those things that are critical to the national interest,� the ruling party stated. It said that it expected the PDP to play its part in ensuring that the money or any public money at all is used for the purpose for which it is intended. In this case, APC said what the PDP should simply do is to ensure that their 11 governors

demand accountability for the money that they have joined in approving. “The twin principle of accountability and probity are fundamental to APC. If the PDP in their latest reincarnation now considers these principles important, we are happy for them and we welcome them. “It appears however that PDP’s interpretation of its role is to oppose everything even before they had the opportunity to understand it. “They have remained embittered over what they thought APC did to them as an opposition party and are therefore seized by an obsession to revenge. “In essence, they are primarily driven by vendetta rather than considered national interest,� it said. Other than the opposition expressed by the PDP to the approval given to Buhari to withdraw $1 billion from the ECA, Governors Ayodele Fayose of Ekiti State and Nyesom Wike of River State, both of the PDP, have expressed their opposition to the decision. But in a swift response to APC’s statement, the PDP said last night that no amount of finger pointing by the APC could justify the fraudulent attempt by the federal government to withdraw $1 billion from the ECA to finance alleged

TUESDAY DECEMBER 19, 2017 ˾ T H I S D AY

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NEWS

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

FG Orders Dangote, BUA to Vacate Disputed Mining Site in Edo BUA: We await official communication Jonathan Eze in Lagos and Adibe Emenyonu in Benin City In order to quell the ongoing war between Dangote Group and BUA Group over the mining rights in Obuh, Okpella, Etsako East Local Government Area of Edo State, the federal government has ordered both companies to vacate the site to prevent a breakdown of law and order in the area. The order came just as the community leaders in the area have expressed worry over the development, accusing the Federal Ministry of Mines and Solid Minerals of causing the crisis by giving licences to the warring parties to mine in the same site. They urged both the federal and Edo State governments to urgently find a peaceful resolution to the crisis, adding that a further escalation would negatively affect both revenue and employment opportunities of the community. Edo State governor, Godwin Obaseki who revealed the federal government’s directive during a meeting with leaders and elders of Okpella community

at the Government House, Benin City, yesterday, noted that parties involved in the crisis were in court, and therefore the federal government had decided that further mining in Obuh community be suspended to allow a peaceful resolution of the dispute in court. According to Obaseki, “We are following the rule of law, there is a dispute, it is not unusual to have disputes over assets, but there are laid down methods to resolving disputes of this nature. “What we understand as a government is that there is dispute or claim between the two parties over an existing mining right and the Mining Act of 2007 is quite clear, the Federal Ministry of Mines and Minerals Development decides on how to award or issue leases. “In this particular case, there are multiple claims and they have all gone to court. We have a letter from the Federal Ministry of Mines and Minerals Development instructing that the party currently mining that particular site should vacate it, pending the outcome of the decision in court. “So the position of the Edo

State government today is that court orders must be obeyed, the federal government´s instruction should be obeyed, that the mine should be shut until the outcome or the determination of the case in court.” Also speaking at the meeting, the spokesman of Okpella community, Ayuba Giwa, said: “What we are saying in our response to the presidency is that we blame the Federal Ministry of Mines and Solid Minerals that they ought to have been more prudent in granting the mineral licences. “We implored all parties to abide by the rule of law and the rule of law includes the fact that in 1994, Okpella took this matter to the Federal High Court in Benin and judgment was given in favour of Okpella. “Then it dawned on us that the ministry was not complying

with the judgment, which was partly responsible for this debacle we are in now. In 2014, Okpella went to the Federal High Court in Benin, so it is not just only BUA and Dangote that is in court, Okpella is also in court. “So it is fair and just that the matter is resolved in the interest of the community and Edo State because any breach of peace impacts on our people first and foremost and that is why we came to see Mr. Governor.” However, the BUA Group has said it would await official communication from Edo State government, adding that the state government does not have jurisdiction over the site. In a statement signed by the Group Head, Corporate Communications, Otega Ogra, the company said it would abide by court ruling urging it to maintain status quo.

It read in part: “We heard of the alleged closing down of the Obu mines in Okpella, Edo State by the Governor of Edo State. While this remains in the territory of hearsay, our position on this matter remains very clear. “Just as the Edo State Government said in its statement, this is an issue no state government has jurisdiction over as it is a Federal Issue. It is however interesting to note that the mine under contention, ML2541, has been claimed repeatedly by the Ministry of Mines and Dangote to be in Okene, Kogi State. “Thus, we are curious and are at great loss as to why the Governor of Edo State is closing down a mine in Edo State which has been claimed by the other parties involved to be outside his state in Okene, Kogi State and which

the purported ML2541 license also states clearly. “The ministry has written us prior and our response was published in our open letter to the president on December 4, 2017. This case remains in a competent court of jurisdiction which has ordered all parties – BUA, Dangote, the Ministry of Mines and others to maintain status quo and we will continue to abide by the dictates of the court as a responsible corporate citizen. “We are however yet to receive some form of official communication asking us to close our mining sites ML18912 and ML18913 in Edo State, thus this alleged closing down report still remains in the territory of hearsay. We will respond accordingly when and if we get an official communication from the proper authorities.”

Buhari Cancels Trip to Niger Omololu Ogunmade in Abuja President Muhammadu Buhari did not eventually fly to Niger Republic as scheduled yesterday, where he had been billed to attend the 59th independence anniversary of the country in Tahoua. The president reportedly cancelled the trip because he felt he had had enough discussion with Niger President on telephone last Sunday night. In view of the conversation, the president felt his trip to the country for the ceremony was no longer necessary. Against this background, the president opted to send three governors who had initially been scheduled to accompany him on

the trip. In a statement last Sunday, Senior Special Assistant to the President, Malam Garba Shehu, had said Buhari alongside the presidents of Mali, Burkina Faso, Chad, Mauritania and Niger, would participate in the historic event held on December 18, every year to commemorate the founding of the Republic of Niger and creation of the presidency. Shehu said after the ceremony, the president would hold bilateral meetings with some of his counterparts before returning to Abuja same day. He also said Buhari would be accompanied by Governors Aminu Masari, Ibrahim Gaidam and Kashim Shettima of Katsina, Yobe and Borno States respectively.

Dogara Calls Saraki a Dogged Patriot at 55 James Emejo in Abuja The Speaker of the House of Representatives, Hon. Yakubu Dogara, yesterday extolled the leadership qualities of the Senate President, Dr. Abubakar Bukola Saraki, describing him as a totally committed patriot on the occasion of his 55th birthday. In a statement issued by his Special Adviser on Media and Public Affairs, Mr. Turaki Hassan, the Speaker, commended the senate president for exhibiting great courage and patriotism in the conduct of the affairs of the Senate. He said: “Since your emergence as the President of the Senate you have consistently demonstrated exceptional capacity, unwavering patriotism and abiding faith in the unity, peace and progress

of Nigeria both in words and in action.” “The Senate under your distinguished leadership has been one that inspires hope for the citizens owing to your people oriented disposition. “Your sterling leadership mien is not unexpected, given your pedigree and antecedents as a former governor and Chairman of Nigerian Governors’ Forum. I am happy you brought those worthy qualities to bear in the discharge of your functions as the Senate President. “As you mark this great day, I wish to, on behalf of the entire members of the House of Representatives, convey to you our hearty and warm felicitation on this auspicious occasion of your 55th birthday. May God Almighty continue to uphold you in good health, wisdom and excellence.”

RUBBING MINDS

Emir of Kano, Alhaji Muhammadu Sanusi II (left), and Senate President, Dr. Abubakar Bukola Saraki, during the opening session of the Senate roundtable conference on drugs and substance abuse in Kano....yesterday.

Danjuma Inaugurates Maternity Hospital, Names It After His Mother Wole Ayodele in Jalingo Former Minister of Defence, General Theophilus Yakubu Danjuma (rtd), yesterday inaugurated the ultra-modern Rufkatu Danjuma Maternity Hospital in Takum, Taraba State. The inauguration of the hospital named after his mother and was constructed under the auspices of T.Y. Danjuma Foundation, drew dignitaries from all walks of life into the ancient city which is his home town. Speaking at the occasion, Danjuma revealed that the hospital was constructed and donated to Takum community to check the prevalence of child and maternal mortality in the state. The former Cheif of Army Staff, who was joined by the Governor of the state, Darius Ishaku, to launch the project was alarmed by the World Health Organisation (WHO) report that an average of

2,000 children of less than five years and 140 women die on a daily basis in Nigeria. He said: “According to WHO, 140 women and 2,000 children who are less than five years old die daily in Nigeria. This is not only alarming but also totally unacceptable. It was as a result of this development that I took the initiative to put this facility in place to contribute my quota in checking this ugly trend. “I therefore urge all our people to take advantage of this facility to prevent unnecessary deaths and illnesses among women and children.” Describing the maternity as a state-of-the-art, modern, sustainable and specialised mother and child facility aimed at providing enhanced maternal and prenatal healthcare services, Danjuma stressed that it would provide the needed services to Takum and its surrounding environ. He further revealed that the

project was a partnership between T. Y. Danjuma Foundation, Taraba State Government and Development Africa which would subsequently manage the facility. The state governor, who is also an indigene of Takum, said the project demonstrates the “concern of Danjuma towards the wellbeing of the people especially the most vulnerable in the society,” saying the state government is most pleased to identify and contribute towards this noble project. Ishaku urged the people to take the facility as their personal facility that must be “guarded jealously against any form of threat.” The governor, in conjunction with Danjuma, also laid the foundation for NI.25 billion Government International Model Secondary School in Takum which is to be constructed by the Victim Support Fund (VSF). The Executive Director of the VSF, Prof. Sunday Ochoche, who

disclosed that the project would be completed within eight months, said the citing of the programme in Takum was in recognition that the state was greatly affected by insurgency through massive influx of Internally Displaced Persons (IDPs), thus over stretching the facilities in the state. Ishaku, in his remarks, said the school, when completed, would not only compliment the current reform that his administration has embarked upon in the education sector, but would help to accommodate students with deficiency in their O’level examinations by providing remedial studies to fast-track admission in to universities. Also yesterday, the governor inaugurated a 1×7.5MVA/33/11 KV injection substation which is to boost electricity supply to Takum and its environs as well as flagged off construction of Takum-Chanchangi road.

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COMMENT

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

HATS OFF TO SARAKI

Yusuph Olaniyonu pays tribute to Bukola Saraki, Senate President and Mr. Stabiliser, at age 55

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oday, the Senate will resume plenary sitting. The gathering inside the red chamber has been suspended in the past two weeks to enable members attend committee hearings on the defence of the 2018 budget proposals by Ministries, Departments and Agencies. It is the tradition of the legislative house to announce on the floor the birthday of members which falls on a particular sitting day or within the immediate past week. However, it will be interesting to see how Senate President, Dr. Abubakar Bukola Saraki, while presiding at the plenary, will handle the announcement that he is 55 years old today. On his last two birthdays, he did not have to preside as they did not fall on plenary day. He usually joins family members, friends, supporters and well wishers in his home town in Ilorin for early morning special prayers and breakfast. Today, with the committees ready to submit report on the budget, there will be no celebration of any sort for Mr. Senate President. He is ready to rally his colleagues towards achieving early passage of the budget. The role of being a rallying point, mobilising his colleagues either to attend to requests from the Presidency, pass critical legislations aimed at improving the standard of living of the people or make Nigeria comply with international best practices, take patriotic and non-partisan position on national issues and ensuring that consensus is built on critical issues has been one that this ‘birthday boy’ has played so well in the last 30 months that he has been serving as the nation’s chief lawmaker. For many of his colleagues, the greatest achievement of Saraki as Senate President has been his ability to bring stability into the Senate, in particular, and the National Assembly in general. The Eight Senate has some unique characteristics which set it apart from the preceding ones. Some of these unique traits have infused in it inflammable tendencies which are capable of frequently exploding. For example, it is the first Nigerian Senate, (with the exception of when the military decreed two parties into existence) to have only two political parties providing all the members. And at inception, the membership sharing was so close as APC had 60 members (one died before inauguration) to PDP’s 49. With this arrangement, no decision of constitutional consequence can be taken by the party in the majority as it lacks the two-third strength required on such issues. It is also the first time that the two parties to which members belong are sharing the two posts of presiding officers without having an accord between them as it was the case between 1979 and 1983. Again, it was the first time that members of the party in power became so polarised that they formed the “Unity Forum� and “Like Minds� as pressure groups to sponsor candidates for different offices. In an unprecedented manner, the division in the Senate enjoyed support from unlikely places, a section of the leadership of the party in power. Thus, the fuel with which the Senate was to be set ablaze was being provided from outside. Similarly, the present Senators present a reverse situation from the past when senators take instructions from state governors who sponsored their election. Now, you have senators like Danjuma Goje, Ahmed Sani Yerima, Abdullahi Adamu, Godswill Akpabio, Ike Ekweremadu, Bukar Abba Ibrahim, George Akume, Adamu Aliero, Aliyu Magatakarda Wamako, Saraki himself and many others who dictate the pace of the politics in their respective states.

FOR MANY OF HIS COLLEAGUES, THE GREATEST ACHIEVEMENT OF SARAKI AS SENATE PRESIDENT HAS BEEN HIS ABILITY TO BRING STABILITY INTO THE SENATE, IN PARTICULAR, AND THE NATIONAL ASSEMBLY IN GENERAL.

With these ‘firsts’, the prediction and expectation in many informed quarters was that the Senate would be a house of confusion at all times. The pundits with this opinion however did not know the stabilising skill and networking acumen of the man who had emerged as Senate President. Saraki is a man who believes, and act it out at every point, that the Senate President is merely a primus inter pares, first among equals, and therefore must earn and sustain the confidence of his colleagues. From the beginning, he sets out to reassure all senators that he would be fair to all and do justice on all issues. He reaches out at all times and on all issues to members and emphasises the need to build consensus on important issues. His doors, both at home and in the office, are open to all his colleagues, at all times. He seeks to assure all senators that their welfare is important to him as this is necessary to unite all of them and galvanise them towards the constant protection of national interests on all issues. That is why when critical, national issues come up for discussion on the floor or at committee levels, he ensures all senators abandon partisan or ethnic interests in preference for patriotic stance. This consensus building and the tendency to always carry all members along have helped to stabilise the Senate and neutralise the centrifugal forces. Today, all the senators work and act together. The older and the younger senators - in age, experience and ranking - have adopted Saraki as their man and they rally round him in difficult and pleasant times. This unity of purpose has helped the eighth Senate to record more achievements than their predecessors and even break the jinx around some bills. For example, the eighth Senate has passed 138 bills in 30 months as against the 128 passed by the seventh Senate in four years or the 72 and 129 passed in four years by the sixth and fifth Senate respectively. The present Senate has also successfully treated 112 petitions from members of the public in 30 months while the seventh and sixth Senate attended to only six petitions in four years. The present Senate has broken the 17-year old jinx around the Petroleum Industry Bill (PIB) by passing, before its second anniversary, the Petroleum Industry Governance Bill ((PIGB) which is a component of the original bill. It equally completed work on amendment to the 1999 Constitution and the Electoral Act, two years before the 2019 polls. This early approach ensured that the debates on the issues were devoid of the usual partisan and political colouration. The eighth Senate had early in its tenure announced that its focus is on the rebuilding of the national economy and getting it to comply with global standards so that international investors would find it easy to operate here. That is why it has passed bills like the Ports and Harbours Bill, Secured Transactions Bill, Credit Bureau Reporting Services Bill, PIGB, Public Procurement (Amendment) Act Bill, Electronic Transaction Bill, Warehouse Receipts Bill and the Railway Authorities (amendment) Act Bill, among others. It is on the basis of some of these bills which have been signed into law by President Muhammadu Buhari that the World Bank in its annual Ease of Doing Business report rated Nigeria as one of the 10 most improved countries worldwide. Olaniyonu is Special Adviser (Media and Publicity) to the Senate President

NIFOR AND CRISIS OF LEADERSHIP

The authorities should recruit the best to run the organisation, urges Tommy Odemwingie

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n 2012, my friend and fellow Bini tribesman Omorefe Asemota was appointed the Executive Director of the Nigerian Institute for Oil palm Research (NIFOR), near Benin City, Edo State. He recently ended his five-year tenure. The story was that the issue of who to appoint to the position was so volatile that the then Minister of Agriculture and Rural Development and current President of the African Development Bank, Akinwumi Adesina, had to put the contestants through a competitive (written) test! Excited about the fact that one of my generation had been offered the opportunity to lead a reputable national institution, I mooted the idea of a reception for the soft-spoken compatriot. As it turned out, several of our generation of Benin alumni of the University of Ife of the early 70s to late 80s supported the idea and contributed resources to make it happen. The reception took place on Saturday, August 25, 2012 at the Catholic Social Centre of St. Paul’s Catholic Church on Airport Road, Benin City. Omo N’Oba N’Edo Ewuare II, then the Crown Prince Eheneden Erediauwa, sent a senior Benin chief to represent him as the guest of honour on the occasion, which underscored the success of the event. The previous year, I had organised a reception on the premises of the National Defence (War) College in Abuja for the late Babatunde Osotimehin, on his appointment as the Executive Director of the United Nations Population Fund (UNFPA), which I worked for five years as National Programme Officer for Advocacy. Again, my peers in the international development and

civil society communities did not disappoint in making financial contributions to the event. Why did I take the trouble to put my personal resources and energies behind these initiatives? In the case of Dr. Asemota, this involved several trips on the Abuja-Benin-Lagos axis; hours on the phone cajoling friends, etc. It has to do with my willingness to celebrate excellence. It derives from my belief that nations built on merit realise their full potential and achieve greatness, the corollary being that nations built on the foundations of mediocrity are bound to under-achieve. In the case of my friend, I had a special interest in NIFOR. I worried that the people in government did not sufficiently appreciate the importance of palm oil in Nigeria’s economy. The legend is that both Indonesia and Malaysia that are today the leading oil palm producers – between them accounting for 85% of global production – actually got the improved planting stocks from NIFOR. However, today, Nigeria imports a huge chunk of palm oil-based consumables from these countries. The unwillingness of Nigerian authorities to accept – and submit to be guided by – the truism postulated above underlies the inability of the world’s most populous black nation to achieve its potential. It is also the reason Nigerian universities are unable to measure shoulders with their age-mates in other parts of the world. Appointment of vice-chancellors has all too often been acrimonious, sometimes leading to violent battles between ethnic jingoists. It usually takes about half of the tenure of the “successful� candidate to have the breathing space to give attention to

the serious academic leadership required of him to deliver on his position. Some vice-chancellors spend the entire tenure managing the tensions emanating from their appointment! That is the scenario playing out currently at NIFOR, established in 1939 initially as the West African Institute for Oil Palm Research (WAIFOR). Newspapers have reported that the country’s oldest and most sophisticated oil palm research institute has become a battlefield for loyalists to two gladiators claiming leadership of the institution. Locked in the battle are Dr. Napoleon Osasuyi Aisueni, who retired in 2016 on attaining the age of 65, and Dr. Charles Aisagbonhi, 64, who is said to have been appointed to replace the former. While the battle rages, the Minister of Agriculture and Rural Development, which supervises the institute, has not attempted to clear the muddle, amidst insinuations that the minister has a personal interest in the matter! The worrisome thing about the situation is that, while both Aisueni and Aisagbonhi are from Edo State, someone has discovered that while one is a Bini from Uhunmwode local government area, the other is an Esan from the neighbouring Igueben LGA. So the Bini and Esan have decided to reenact the battles they have leant to fight at Ugbowo (University of Benin and UBTH); Ekpoma (Ambrose Alli University); and Auchi (a federal polytechnic). The battle is very probably raging in other less visible sectors and theatres! In the course of researching this article, the names of prominent Edo personages have been unfortunately dragged into the mud of unbridled

and self-serving ethnicism. I don’t want to glorify the ethnic jingoists by mentioning these names, because I hope – and I do hope that this hope is well-founded – that they are not a part of any scheme to divide the Bini and Esan. Well, I confess that I am being selfish here – I am married (through my firstborn) to a beautiful Esan woman from Ekpoma. Also, thanks to the evolution of Ekpoma as a centre of learning, several childhood friends and schoolmates have settled in the town, intermarried and have no plans to ever relocate to Urhonigbe – except their children are charitable enough to take the decision for them when the time comes! The truth is that all ethnic groups in Edo State are one family. It is important for both the government of Edo State and the Benin Palace to call all the warring parties to order. No public institution in the state should be converted to ethnic war zones. Back to the NIFOR imbroglio. If there is any one research institution that needs to be given urgent and massive national attention, it is NIFOR, so Nigeria can turn the tide of dependence on importation (Nigeria: 1.03mn) of a produce for which we otherwise had a comparative advantage. Who, then, is the best person for the job? That’s who the Minister of Agriculture and Rural Development should be interested in. If he is unwilling to settle for the best, then the President of the Federal Republic of Nigeria should step in to appoint an excellent scientist to run the institution. Odemwingie is a former features editor of The Guardian and communication consultant to the International Institute of Tropical

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EDITORIAL WHEN SERVICE MEN COMMIT CRIMES There is urgent need to weed out criminals within the security agencies

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he Department of State Services (DSS) recently raised the alarm on inux of small arms and light weapons into the country and declared that some service men, cultists and armed robbers, now wear uniforms to legitimise their nefarious acts. The DSS Director of Operations, Godwin Eteng, who spoke at a public hearing in the House of Representatives, lamented that staff recruited into the armed forces and other security agencies of government are selling arms to bandits thereby worsening the national security challenges. Eteng further recalled that in an armoury belonging to one of the armed forces, new pistols with quantities of ammunition got missing even though the armoury was never burgled. As scary as those revelations were, they appear to be the new normal as hardly a day passes when some personnel of the military, police or security services would not be involved in alleged heinous crime. There are several reports of policemen employed to protect the lives THERE SHOULD BE and property of the DUE DILIGENCE IN THE citizens compromisRECRUITMENT PROCESS ing their responsiSO THAT THE STATE bilities by opening DOES NOT CONTINUE up their armoury TO GIVE ARMS TO SOME to those who pick HARDENED CRIMINALS the gun against the WHO BECOME A MENACE state. More recently, TO THE SOCIETY AT LARGE a police sergeant at Oworo Police Division, Lagos and a retired Assistant Superintendent of Police were arrested for armed robbery. In many of the states where kidnapping has become a daily trade, citizens are accusing the police and other security agencies of compromise. When the alleged kidnap kingpin, Chukwudumeme Onwuamadike, aka Evans, was arrested earlier in the year, it was discovered that he had accomplices within both the police and the military. An army lance corporal was alleged to have received various sums of money in three instalments of N2

Letters to the Editor

million, N1.5 million and N3 million from Evans as his share of the ransoms paid by some of the victims he assisted in kidnapping. “It is a serious issue that soldiers would be supporting evil such as kidnapping,� said a statement from the Lagos State Police Command.

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n October this year, three serving soldiers from 9 Brigade Military Headquarters, Ikeja and one dismissed Air Force personnel were among those arrested after a robbery operation. The serving soldiers who were arrested in uniform were reportedly handed over to the army authorities at military headquarters, Ikeja, for disciplinary action. They were tried and summarily dismissed. In the same week, a soldier who left his Division One, Nigerian Army Base, Maiduguri on Absent Without Leave (AWOL) for fear of being killed by insurgents, was arrested while waiting to deliver a stolen vehicle to another member of a robbery syndicate in Oyo State. Across the country, the prisons where convicts and suspects are sent for punishment or custody have over the years become sources of internal security threat thanks to ďŹ re incidents, jailbreaks and armed terrorist attacks. But, as it was also evident in the 2016 Kuje jailbreak, the most dangerous development is the connivance of some prison staff in aiding these criminals to execute their evil acts with military precision. Following the Kuje incident, 14 ofďŹ cers were suspended while the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB) approved the suspension of four senior ofďŹ cers. The Comptroller-General of Prisons also suspended 10 junior staff over the incident. While we reiterate our call for professionalism among men and ofďŹ cers in the armed services, it is also important for the federal government to recognise that there are too many bad eggs within these services that need to be weeded out. But much more important, what that entails is that there should be due diligence in the recruitment process so that the state does not continue to give arms to some hardened criminals who become a menace to the society at large.

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.

ADDRESSING LAGOS’TRANSPORT DILEMMA

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hile in the previous decades, development policies and strategies tended to focus on physical capital (infrastructure), recent years have seen a better balance by including human capital issues. Irrespective of the relative importance of physical versus human capital, development cannot occur without both as infrastructure cannot remain effective without proper operations and maintenance while economic activities cannot take place without an infrastructure base. Because of its intensive use of infrastructure, the transport sector is an important component of the economy and a common tool used for development. This is even more so in a global economy where economic opportunities have been increasingly related to the mobility of people, goods and information. A relation between the quantity and quality of transport infrastructure and the level of economic development is apparent. High density transport infrastructure and highly connected networks are commonly associated with high level of development. When transport systems are efficient, they provide economic and social opportunities and benefits that result in positive multipliers effects such as better accessibility to markets, employment and additional investments. On the other hand, when transport systems are deficient in terms of capacity or reliability, they can have an economic cost such as reduced or missed opportunities and lower quality of life. At the aggregate level, efficient transportation reduces costs in many economic

sectors, while inefficient transportation increases these costs. Ever since the end of Nigeria’s civil war, the population of Lagos has multiplied. So has the volume of automobiles on its roads. Equally, there is no debate about public transportation system in Lagos State having many problems. There is the problem of unending presence of gridlock and traffic congestion along roads in different parts of the state. Among several other factors, which include poor attitude of motorists especially commercial drivers notorious for flouting every traffic rules in the book, over reliance on road based transportation system stand out as major contributor to the abnormalities in our transport sector. Also, the present system of public transport operations in the state as dominated by the yellow buses is full of issues that manifest symptoms of a deep-seated human development problem plaguing not just Lagos but most African cities. However, this has not deterred the Lagos State government from addressing and improving the complex transportation situation in the state. Presently, the Ambode administration has made improved public transportation one of the three major areas of concentration and the state is steadily scaling up the integrated transport management system. The state is assessing the problem in holistic manner and addressing it from both infrastructure and human factor side. To give Lagos a world-class transportation system that supports its megacity status requires significant investment in infrastructure. This is understood by the governor and his administration is doing this precisely through implementation of the phase two of the Lagos Urban Transport Programme (LUTP). It was this that led to the extension of

the BRT corridor from Mile 12 to Ikorodu and the launch of 434 new air conditioned BRT buses in November 2015. Between its launch in November 2015 and April this year, BRT extension project was said to have transported over 60 million passengers and created more than 1000 more jobs in the state. Another feat achieved under this project is the upgrade of 44 bus shelters including the newly constructed Ikeja bus terminal, Oshodi Transport Interchange, rehabilitation of WEMPCO road in Ogba and Akin Adesola road on the Island. The results of the BRT extension project include average public transport waiting time reduction from 30 minutes to 10 minutes, journey time savings from 120 minutes to 30 minutes, road traffic journey time reduction from 120 minutes to 55, bringing average transport cost down from N300 to N190. The WEMPCO and Akin Adesola roads projects solved the annual perennial road flooding along the corridors. The government is also on course in providing additional new 5,000 buses within the next 24 months. Among other benefits, this will invariably assist in making residents to comply with state’s restriction on plying of commercial motorcycle, popularly known as Okada, in restricted routes. Inaugurations of the new complex for the Lagos Metropolitan Area Transport Authority known as LAMATA Place and intelligent transport system, multiple laybys and slip roads as we now have in Agboyi Ketu and many other places, as well as the Ojota BRT depot are substance of the government commitment at solving the transport problems. .Rasak Musbau, Lagos State Ministry of Information and Strategy, Ikeja, Lagos

T H I S D AY ˾ TUESDAY, DECEMBER 19, 2017

16

POLITICS

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

EXECUTIVE BRIEFING

Endless Litigation over Anambra Central Senatorial District Last week’s ruling by Justice John Tsoho of the Federal High Court, Abuja declaring Dr. Obiora Okonkwo who did not take part in the Anambra Central Senatorial District election, the senator-elect for the district has added yet another bizarre dimension to a much-litigated dispute, writes Davidson Iriekpen A new dimension was last week added to the protracted legal tussle over Anambra Central Senatorial District election when Justice John Tsoho of the Federal High Court in Abuja ordered the immediate swearing-in of Dr. Obiora Okonkwo of the Peoples Democratic Party (PDP) as senator representing the district. Delivering judgment in a pre-election case filed in 2014 by Okonkwo against the PDP and three others, the judge held that the plaintiff was validly nominated by the PDP in its primary election of December 2014 for the senatorial district. He ordered the Senate President to immediately inaugurate Okonkwo to fill the vacant Anambra central senatorial seat. The judge consequently, ordered that the certificate of return earlier issued to Uche Ekwunife be withdrawn and that a fresh one be issued to the plaintiff by the Independent National Electoral Commission (INEC). Okonkwo had filed the suit against the PDP, its former National Chairman, Adamu Muazu, INEC and Mrs Uche Ekwunife, challenging the emergence of Ekwunife as PDP candidate for the 2015 National Assembly election. However, in the course of trial, all the four defendants withdrew their processes in the case and agreed to submit themselves to the judgment of the court. Justice Tsoho agreed with the submission of the plaintiff’s counsel that in view of the withdrawal of all defendants, the court was at liberty to enter judgment in favour of the plaintiff. He said with the withdrawal of the defendants and their consent to abide by his judgment, the plaintiff has emerged as the lawful candidate of PDP in the March 28, 2015 National Assembly election for Anambra Central senatorial district. The Anambra central senatorial seat has been vacant since the nullification of Ekwenife’s election by the Court of Appeal in Enugu on December 7, 2015. The court voided Ekwunife’s election on the grounds that she was not “the product of a valid primary and was therefore not duly and legitimately nominated.” It did not only order for a rerun election, but excluded the PDP from participating in the rerun election. This angered the PDP which insisted that it must re-contest the election. Even when Ekwunife went to the Supreme Court to review the Appeal Court’s judgment, the court turned down her request. Since then, the senatorial district has been denied representation in the Senate. While Justice Tsoho’s judgment has further exposed how long it takes the judiciary to determine a simple matter, it came a few weeks after the Court of Appeal in Abuja had ordered INEC to conduct a rerun election within 90 days to fill the vacant senatorial position. Delivering judgment in an appeal filed by the All Progressives Grand Alliance (APGA) and its candidate, Chief Victor Umeh, challenging the February 29, 2017, judgment of the Federal High Court in Abuja, wherein the trial judge, Justice Anwuli Chikere, ordered the inclusion of PDP and its candidate, Senator Uche Ekwenife in the scheduled Anambra Central senatorial re-run poll, the three-member panel of the appellate court headed by Justice Tinuade Akomolafe Wilson ordered that a re-run election be conducted in the senatorial district within 90 days. Justice Wilson who led a three-man panel of the Appeal Court, dismissed PDP’s preliminary objections on the issue of the appellants’ locus standi and the court’s jurisdiction to entertain the suit. Recall that following the disqualification of Ekwenife, PDP had hoped to substitute her with Peter Obi. This made the party to file another suit in which Justice Chikere ordered

Umeh...rejects Justice Tsoho’s judgement

the inclusion of PDP senatorial re-run poll. But Justice Wilson of the appellate court held that the appellants’ suit was not academic as there were live issues in the appeal. She further upheld the exclusion of the PDP in the rerun election. In determining the main crux of the appeal, the appellate court held: “The rationale therefore, is correct as submitted by the appellants that the principle of guiding who can participate in a court ordered re-run election following the nullification of general election has been established in Labour Party Vs. INEC, and it remains the law. “Where a court nullifies an election and orders a fresh election, a political party which participated in the annulled election at whose instance the election was nullified cannot field a new candidate to contest in the fresh election. This is because the fresh election does not entail an entirely new process; rather it takes the place of the annulled election, because the period of nomination of candidates has lapsed.” This is why Justice Tsoho’s judgment last week has raised many questions for the judge such as: Was he aware of the two judgments by the Court of Appeal and one from the Supreme Court on the same matter which had rested the case? Can his decision override these judgments? Was he not aware that the Court of Appeal nullified PDP’s election? Can his judgment stand on nothing? To show that the PDP house is not in order, presently, Senator Annie Okonwko who is in another faction of the party is still in court challenging the recognition of Ekwunife as the candidate of the party in 2014 by INEC. Last

INEC has no right to choose a high court order against a Court of Appeal order that is subsisting

week, he issued a statement faulting Justice Tsoho’s judgment, saying it was a miscarriage of justice. This is why many observers believe that the judge failed in his judgment to make any reference to the Court of Appeal decision that nullified the PDP and Ekwunife’s election. He also did not make any reference to the Court of Appeal judgment delivered on November 20, that ordered INEC to conduct the rerun election within 90 days nor to the earlier judgment that nullified Ekunife’s election. They therefore wondered if he wants INEC to ignore the Appeal Court order and decision? It is against this background that analysts have not only faulted the judgment, but described it as hopeless. They argued that if the election had not been nullified by the Appeal Court, and he came to the conclusion that Okonkwo was the rightful candidate of PDP, he can order that Okonkwo should be sworn in but under the present situation, he cannot. “But in the present case, the election in question has been destroyed by the Court of Appeal judgment delivered on December 7, 2015 which nullified the election. And that is why the seat has been vacant till date. So, Obiora Okonkwo is not going there to replace anybody because there is nobody there. The election has been voided by the Court of Appeal which is the final court vested with the authority to adjudicate over National Assembly matters. And that was what the Supreme Court justices told Uche Ekwunife on 10th of February10 2017. They told her that they don’t have any authority to tamper with the judgment of the Court of Appeal, that the judgment is final. So, the election remains nullified forever. A high court cannot pretend that it is treating a pre-election matter and fail to recognise the fact that nobody can be winner of a nullified election. There is nothing for Okonkwo to claim because the election does not exist anymore. It has been invalidated,” said Emmanuel Edegbai. To harvest Justice Tsoho’s judgment, Okonkwo, through his lawyer, Sabatine Hon (SAN), has written INEC demanding the immediate issuance of a certificate of return to him as ordered by the court. The letter dated December 14, 2017, and titled: ‘Request to issue certificate of return

to Dr. Obiora Okonkwo in compliance with judgment of the Federal High court in suit No. FHC/ABJ/CS/1092/2014 delivered on December 13, 2017’, demanded for the issuance of a certificate of return to enable him present himself to the leadership of the Senate for inauguration. But interestingly, APGA is not losing sleep over the latest judgment. Last week, it flagged off its campaigns for the senatorial district re-run poll scheduled for January 13, 2018. Chief Victor Umeh, the candidate of the APGA for the rerun election who addressed party supporters at the weekend, said he was confident that INEC as a responsible institution of government would not obey a high court ruling against a subsisting Appeal Court verdict on the Anambra Central rerun issue. “INEC would take a decision based on the superior judgment on record on the matter. INEC has no right to choose a high court order against a Court of Appeal order that is subsisting. The constitution of Nigeria provided for hierarchy of courts – Supreme Court, Court of Appeal and High Court. And when Court of Appeal renders a decision, all the authorities and persons and all courts of subordinate jurisdiction will abide by it. INEC cannot choose between Court of Appeal order and high court order. Two of them don’t have the same level of authority in our jurisprudence. A high court is a high court. The decision of the Court of Appeal comes before that of high courts,” Umeh argued. Countering Okonkwo’s contention that preelection matters take precedence over tribunal cases, Umeh argued that “What he (Obiora Okonkwo) is saying is a misconception. If the election is alive and somebody is deriving benefit from the election and it is finally determined that the person who is occupying the seat was not the right person, it should be the other person, then, the pre-election matter can be given validity. But when the election has been nullified, there is nothing left again. Assuming Uche Ekwunife is in the Senate, for example, and Justice Tsoho determines that Obiora Okonkwo should be sworn in, then Uche Ekwunife will appeal against that judgment and remain in office. When the Court of Appeal finishes, Ekwunife can appeal to the Supreme Court again. Until the Supreme Court finishes, Obiora Okonkwo cannot go there. But in the present case the Court of Appeal has nullified the election. That is the difference. So, the analogy he is making is misconceived. He was talking about Governor Ikpeazu that high court ordered Ogah to be sworn in and INEC issued Ogah certificate of return. It was because the governorship election of Abia State was still valid and somebody is governor. So, he can be replaced. But in this case the election has been nullified. It is dead and buried. That is the difference! That is the ignorance he (Okonkwo) is exhibiting on television today. You cannot claim anything from nothing.” The ex-APGA chairman pointed out that the only way a Senator can now emerge for Anambra Central in the eyes of the law is through the rerun election ordered by the Court of Appeal, adding that “those who are still running around and trying to contrive one mischief or other should go home knowing that it’s over. How can you imagine that in just one election, PDP has projected so many candidates? The first one was Ekwunife. The second one was Peter Obi. The third one is now Obiora Okonkwo - all from the same party in respect of one election. And remember that there is also the case of Annie Okonkwo hanging. So, PDP should buried itself in shame and allow the Anambra Central people to have peace.”

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T H I S D AY ˾ TUESDAY, DECEMBER 19, 2017

TRIBUTE

Saraki, the Senate Stabilizer at 55 Senators, young and old, have adopted the Senate President, Dr Bukola Saraki as their man because of his ability to build consensus and work with those who don’t share his political ideology, writes Yusuph Olaniyonu

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oday, the Senate will resume plenary sitting. The gathering inside the red chamber has been suspended in the past two weeks to enable members attend committee hearings on the defence of the 2018 budget proposals by Ministries, Departments and Agencies. It is the tradition of the legislative house to announce on the floor the birthday of members which falls on a particular sitting day or within the immediate past week. However, it will be interesting to see how Senate President, Dr. Abubakar Bukola Saraki, while presiding at the plenary, will handle the announcement that he is 55 years old today. On his last two birthdays, he did not have to preside as they did not fall on plenary day. He usually joins family members, friends, supporters and well wishers in his home town in Ilorin for early morning special prayers and breakfast. Today, with the committees ready to submit report on the budget, there will be no celebration of any sort for Mr. Senate President. He is ready to rally his colleagues towards achieving early passage of the budget. The role of being a rallying point, mobilizing his colleagues either to attend to requests from the Presidency, pass critical legislations aimed at improving the standard of living of the people or make Nigeria comply with international best practices, take patriotic and non-partisan position on national issues and ensuring that consensus is built on critical issues has been one that this ‘birthday boy’ has played so well in the last 30 months that he has been serving as the nation’s chief lawmaker. For many of his colleagues, the greatest achievement of Saraki as Senate President has been his ability to bring stability into the Senate, in particular, and the National Assembly in general. The Eight Senate has some unique characteristics which set it apart from the preceding ones. Some of these unique traits have infused in it inflammable tendencies which are capable of frequently exploding. For example, it is the first Nigerian Senate, (with the exception of when the military decreed two parties into existence) to have only two political parties providing all the members. And at inception, the membership sharing was so close as APC had 60 members (one died before inauguration) to PDP’s 49. With this arrangement, no decision of constitutional consequence can be taken by the party in the majority as it lacks the two-third strength required on such issues. It is also the first time that the two parties to which members belonged are sharing the two posts of presiding officers without having an accord between them as it was the case between 1979 and 1983. Again, It was the first time that members of the party in power became so polarized that they formed the “Unity Forum” and “Like Minds” as pressure groups to sponsor candidates for different offices. In an unprecedented manner, the division in the Senate enjoyed support from unlikely places, a section of the leadership of the party in power. Thus, the fuel with which the Senate was to be set ablaze was being provided from outside. Similarly, the present senators present a reverse situation from the past when senators take instructions from state governors who sponsored their election. Now, you have Senators like Danjuma Goje, Ahmed Sani Yerima, Abdullahi Adamu, Godswill Akpabio, Ike Ekweremadu, Bukar Abba Ibrahim, George Akume, Adamu Aliero, Aliyu Magatakarda Wamako, Saraki himself and many others who dictate the pace of the politics in their respective states. With these ‘firsts’, the prediction and expectation in many informed quarters was that the Senate would be a house of confusion at all times. The pundits with these opinion however did not know the stabilizing skill and networking acumen of the man who had emerged as Senate President. Saraki is a man who believes, and acts it out at every point, that the Senate President is merely a primus inter pares, (first among equals), and therefore must earn and sustain the confidence

Saraki at 55

of his colleagues. From the beginning, he sets out to reassure all senators that he would be fair to all and do justice on all issues. He reaches out at all times and on all issues to members and emphasizes the need to build consensus on important issues. His doors, both at home and in the office, are open to all his colleagues, at all times. He seeks to assure all senators that their welfare are important to him as this is necessary to unite all of them and galvanize them towards the constant protection of national interests on all issues. That is why when critical, national issues come up for discussion on the floor or at committee levels, he ensures all senators abandon partisan or ethnic interests in preference for patriotic stance.

The 8th Senate has passed 138 bills in 30 months as against the 128 passed by the 7th Senate in four years or the 72 and 129 passed in four years by the 6th and 5th Senate respectively

This consensus building and the tendency to always carry all members along have helped to stabilize the Senate and neutralize the centrifugal forces. Today, all the senators work and act together. The older and the younger senators - in age, experience and ranking - have adopted Saraki as their man and they rally round him in difficult and pleasant times. This unity of purpose has helped the 8th Senate to record more achievements than its predecessors. It has even broken the jinx around some bills. For example, the 8th Senate has passed 138 bills in 30 months as against the 128 passed by the 7th Senate in four years or the 72 and 129 passed in four years by the 6th and 5th Senate respectively. The present Senate has also successfully treated 112 petitions from members of the public in 30 months while the 7th and 6th Senate attended to only six petitions in four years. The present Senate has broken the 17-year old jinx around the Petroleum Industry Bill (PIB) by passing, before its second anniversary, the Petroleum Industry Governance Bill ((PIGB) which is a component of the original bill. It equally completed work on amendment to the 1999 constitution and the Electoral Act, two years before the 2019 polls. This early approach ensured that the debates on the issues were devoid of the usual partisan and political colouration. The 8th Senate had early in its tenure announced that its focus is on the rebuilding of the national economy and getting it to comply with global standards so that international investors would find it easy to operate here. That is why it has passed bills like the Ports and Harbours Bill, Secured Transactions Bill, Credit Bureau Reporting Services Bill, PIGB, Public Procurement

(Amendment) Act Bill, Electronic Transaction Bill, Warehouse Receipts Bill and the Railway Authorities (amendment) Act Bill, among others. It is on the basis of some of these bills which have been signed into law by President Muhammadu Buhari that the World Bank in its annual Ease of Doing Business report rated Nigeria as one of the 10 most improved countries worldwide. It is also to the credit of the 8th Senate that it has passed four bills to strengthen the fight against corruption. These bills are the National Financial Intelligence Unit Bill, Mutual Legal Assistance in Criminal Matters Bill, Witness Protection Bill and Whistle Blowers Protection Bill. This Senate has equally made several interventions which staved off harsh policies that would have worsened the standard of living of Nigerians, particularly in the area of electrify and data tariffs, payment of foreign students’ scholarship, access to forex by small scale entrepreneurs, job opportunities for youths, and re-opening of a state university whose management and students had problems with the owner-state governments. Definitely, Saraki has demonstrated what leadership can do in terms of turning around the performance rate of an institution. He has also displayed consistency of the fact that he seeks to make better any institution he finds himself. It is for these and many other reasons which space cannot allow me to state that I join all the 107 Senators in saying happy birthday and many happy returns to Mr. Stabilizer. Olaniyonu, the Special Adviser (Media and Publicity) to the Senate President, wrote in from Abuja

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TUESDAY, DECEMBER 19, 2017 ˾ T H I S D AY

FEATURES

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

The National Pageant Miss Nigeria's lead evangelist, Mr. Fidelis Anosike, wants to use a beauty show to define the Nigerian woman. Solomon Elusoji writes

The auditions for this year's edition recorded a massive turnout

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his week, Thursday precisely, a new Miss Nigeria will be crowned at the Eko Convention Centre. The journey to this year’s grand finale started in November when auditions were held in three cities – Abuja, Port Harcourt, and Lagos – over a one-week period. From personal photography sessions from Studio 24 using cool photo props, there were also monopoly games and passion project activities to keep the ladies entertained. Refreshments were also served. The auditions started at the Transcorp Hilton Hotel in Abuja on November 7 with an impressive turn out of contestants from the Northern region who showed up for a chance to become the next queen. George Okoro (photographer and Lifestyle Magazine publisher), Adama Indimi (CEO Reign by Adama Lashes), Ogugua Okonkwo (CEO Style Temple) and Andy Ogbechei (Creative Director, A-Squared Network) were the guest judges at this phase of the auditions, accompanied by Enyinne Owunwanne (CEO, Times Multimedia – organisers of the Miss Nigeria pageant). Then the team moved to Port Harcourt on November 9 to receive contestants from the South-south/South-east region at the Echelon Heights Hotel, before heading to Lagos where the audition was held at the Times Multimedia Lagos Headquarters. A week later, the 37 semi-finalists were announced in a special Instagram Live Session, setting the stage for Thursday’s grand finale.

Miss Nigeria was started by Daily Times Nigeria in 1957. Then, contestants were required to post their photographs to the Times headquarters in Lagos, before the

Miss Nigeria is supposed to be a role model for young women. What we are doing is building a purpose into the show – so it is beauty and brains. The idea is to be able to inspire young women. We don’t do all those beauty pageant stuff where they go onstage and take off their clothes. We don’t commoditise women. Miss Nigeria has stopped that a long time ago

Anosike...promoting Nigerian women in a positive light

finalists were shortlisted and invited to compete at the Lagos Island Club. It was the premier pageant in the country, and was a powerful medium which empowered several young Nigerian women, and inspired the country as a whole. Grace Oyelude won the maiden edition. She would not be the last. The pageant continued to prosper until it was rocked with several scandals, the collision with military history and national turmoil, and the unfortunate decline of its parent brand, Daily Times. It lost his exclusivity, uniqueness, and credibility, and was virtually buried under the sands of history.

In 2005, Fidelis Anosike took over a decapitated Daily Times. Young and bustling with energy, he set out to revamp the vintage legacy of the publication. He has since set his sights on rewriting the story of Miss Nigeria and graft in new chapters filled with hope, dignity, and value. “For us, Daily Times and Miss Nigeria is one and the same,” Anosike told THISDAY in 2015. “The show is going to be the premier platform that the company’s products, services, and different people can use to connect to every woman. Every woman is a queen. What we’ve been doing over the past ten years is to get the Pageant to metamorphose into what it should be.” This week, Anosike spoke to THISDAY again and shed more light on what Nigerians should expect from the upcoming show. “This year, we are going from strength to strength,” he said. “Every state has got its own representative. And it’s also important to note that Miss Nigeria is 60 years old. It was founded in 1957. “This year, we were also able to do a proper boot-camp; all the semi-finalists met with several prominent Nigerians, including the Director General of The National Agency for the Prohibition of Trafficking in Persons (NAPTIP), who is the purpose-partner for this year’s pageant – the Miss Nigeria to be crowned will be the ambassador for human trafficking, she will spend her time and energy working with NAPTIP to raise awareness about the ills of human trafficking and try as much as possible to be able to contribute her own quota into ending the illicit trade.

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FEATURES

The girls sharing knowledge about the states they are representing

“We also had a couple of top women personalities who went into the boot-camp to talk to the girls.� The boot-camp ended on December 18, after which the girls went to Ilorin to meet the first ever Miss Nigeria, who is 86 years old. From there, they are scheduled to return to Lagos and start the rehearsals for the final day which Anosike says “will be epic.� The pageant will be hosted by Bovi, Ebuka, Olive Emodi and Lala Akindoju; and 2face Idibia is set to perform. “Miss Nigeria has been fully restored to its original intent, which is to be a platform for female empowerment in Nigeria,� Anosike said. “We want to use it to raise the voices of women. We believe that every Miss Nigeria will also take on these issues, raising the voices of women, especially as it relates to issues around the environment. We have very solid partnerships with over 30 media houses and everybody has now come to understand that this is a national pageant not a beauty pageant.� When asked how the show plans to balance the moral debauchery associated with beauty pageants, Anosike took exception to the content of Miss Nigeria.

Some of the semi-ďŹ nalists displaying the diversity of Nigerian culture

The contestants have to know about the states they are representing. We also want to use this help promote our history and heritage. We must be proud of who we are. Nigeria has come of age; we’ve seen what people have done in the music industry. That’s the kind of inspiration that we want to draw on

“It’s all about communication, about purpose; it is about people understanding that this is a platform for female empowerment,� he said. “Every woman is a queen – mothers are queens, sisters are queens. This epitomises ‘queenship’. Miss Nigeria is supposed to be a role model for young women. What we are doing is building a purpose into the show – so it is beauty and brains. The idea is to be able to inspire young women. We don’t do all those beauty pageant stuff where they go onstage and take off their clothes. We don’t commoditise women. Miss Nigeria has stopped that a long time ago. And that’s one of the reasons why we don’t send anybody to Miss World or Miss Universe because they go there and do all these kind of things. “Miss Nigeria focuses on issues that affect

Nigerian women; she is an ambassador of culture, of purpose, of the environment. We want her to focus on the Nigerian people. She does not need any validation from anywhere. She does not need to go outside to win anything. It’s a national brand, not a beauty brand. “The girls have their calendars planned and we have partners that will keep them busy, because we want them to have a purpose. Going for international beauty contest is a colonial mentality. Queens don’t compete, they reign. You can’t say you are Nigeria’s Queen and go outside and be competing with other people.� On what has been the challenge in organising such a huge event, Anosike pointed towards the struggle to recreate the show’s purpose.

“The basic challenge we had was to be able to recreate the purpose for which this pageant was founded in 1957,� he said. “Now, we have gotten it right; and we know this because of the responses we are receiving. We have people entering from Zamfara, from Kano. “It’s going to be a beautiful show. We are trying to make the show like the Oscars, so it will be a fusion of fashion, beauty and everything good about Nigeria. “The contestants have to know about the states they are representing. We also want to use this help promote our history and heritage. We must be proud of who we are. Nigeria has come of age; we’ve seen what people have done in the music industry. That’s the kind of inspiration that we want to draw on.�

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T H I S D AY TUESDAY DECEMBER 19, 2017

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Quick Takes Nepal Oil Rewards Abia Communities As part of its community and philanthropic efforts, Nepal Oil & Gas Services Limited, one of Nigeria’s leading indigenous midstream and downstream oil and gas companies, on Saturday, December 2, 2017, embarked on a massive charity and medical assistance drive in the towns of Umuahia and Aba in Abia State. The purpose of the initiative, tagged ‘back-to-the-roots’, was to give back to communities in Abia state, where the Managing Director, Nepal Oil & Gas, Mrs. Ngozi Ekeoma was born and brought up, whilst putting smiles on the faces of people ahead of the Yuletide season. The charity drive initiative kicked off with medical relief donations at the Federal Medical Center, Umuahia and Ensign Private Hospital, Aba. A total of 30 wheelchairs and 15 crutches were donated to the hospitals and patients in the Accident Emergency Ward, Children Emergency Ward, Orthopedic Ward, Female and Male Wards. Most of those who are recipients of the medical aids have been hospitalized beyond their discharged date, due to their inability to procure the necessary medical aids to continue their recovery at homes. Commenting on the charity drive initiative, the Company Secretary/Legal Adviser, Nepal Oil & Gas, Mr.Umanta Ude Umanta said the company was always on the lookout for people who are in need to provide relevant and sustainable assistance to them.

TWENTY YEARS OF SUCCESSFUL OPERATIONS

Managing Director/Chief Executive OďŹƒcer, Central Securities Clearing System (CSCS) Plc, Haruna Jalo-Waziri;, former Chairman, Prof. Ndi Okereke-Onyiuke; Chairman, Oscar Onyema and former MD/CEO, Dr. Onyewuchi Asinobi, former at the 20th anniversary celebration of CSCS and end-of-year party in Lagos‌recently

Upstream Companies Shift Focus from ‘Survive’ to ‘Thrive’ Slash $910bn global capital expenditure

Stories by Ejiofor Alike A new report by the global natural resources consultancy group, Wood Mackenzie has revealed that oil and gas companies are set to enter 2018 in their best shape since oil prices collapsed. Wood Mackenzie’s separate study, Global Costs Survey, has also shown that operators have cut investment, deferred projects and implemented tough cost discipline, slashing $910 billion from global capital expenditure forecasts for 2015-2020

ENERGY In its 2018 Upstream Outlook released at the weekend, Wood Mackenzie believes many companies will now focus on demonstrating they can thrive in a low price environment. Wood Mackenzie’s Senior Vice President, Tom Ellacott, said the companies would deliver profitable growth in 2018. “Now that the belt-tightening is done, companies are looking to deliver profitable growth and build for the future. We also

expect to see signs that the investment cycle is starting to turn and the sector has reset itself to operate at lower commodity prices,� Ellacot said. On his part, the Upstream Research Director, Angus Rodger added that the downturn meant that close to $1 trillion was taken out of company spending from 2015 to 2020. “But we believe the big cuts are over. Wood Mackenzie expects global capital expenditure to grow slightly in 2018 to a total of $400 billion,� Rodger added.

In its outlook, the report forecasts a third successive increase in project sanctions from the 2015 low, indicating that recovery is under way. Wood Mackenzie said it expected the number of major project sanctions to increase from just over 20 in 2017 to 25 in 2018, as operators take advantage of what may represent their best chance to lock in rock-bottom costs. “The rise in project sanctions will be a clear sign that new Continued on page 22

House Committee Tasks Ibadan Disco on Customer Relationship Firm requires N100bn to provide meters The House of Representatives Committee on Power has charged the Ibadan Electricity Distribution Company (IBEDC) to sustain a better customer relationship in its franchise areas. This is coming as the company has stated that it would require N100 billion to provide meters to all categories of customers. Addressing journalists at the end of a two-day oversight visit of the company, the Chairman of the Committee, Hon. Daniel Asuquo said a better customer relationship would help to achieve the country’s target

ENERGY and goal of power development. The other members of the committee that accompanied Asuquo during the visit, include the committee’s deputy chairman, Hon. Mohammed Garba Gololo, Hon. Mark Gbilla Terseer, Agibe Christopher Ngoro, Bala Hassan Abubakar, Sani Umar Bala, and Sunday Adepoju. Others were Hon. Aminu Ashiru Mani, Obinna Onwubariri Kingsley, Gogo Bright Tamuno, Mohammed Musa Soba and Saheed Fijabi.

Asuquo said the committee came on oversight function following a quarterly report submitted by the National Electricity Regulatory Commission (NERC). According to him, the aim was also to interact with IBEDC customers face -to- face in its bid to get better services to Nigeria. Earlier on arrival at the IBEDC headquarters in Ibadan, the committee members visited the IT and customers care centre to ascertain the modalities put in place by the service provider to offer optimum service to their customers.

They also interacted with the Asset and Customer Enumeration team whilst commending IBEDC for taking the critical step to commence enumeration. On the second day, the committee members for over three hours at the function hall of Jogor Centre, Ibadan, listened to feedback and complaints of customers across the coverage areas of IBEDC the service provider. Speaking further, Asuquo stated that the committee had visited eight distribution centres. Continued on page 22

NIPCO Donates LPG Accessories NIPCO Plc has donated LPG accessories to public school administrators’ under the aegis of Apapa local education authority and some head teachers in Lagos State and pledged to collaborate with federal government in improving access to Liquefied Petroleum Gas (LPG) as cooking fuel to the generality of Nigerians at affordable rates. Presenting the accessories to the beneficiaries recently, the Managing Director of NIPCO, Mr Sanjay Teotia said the gesture was one of the conscious ways of encouraging use of gas as domestic cooking fuel . Sanjay noted that this is not the first time the company is presenting free gas accessories to the populace citing the Auchi and Apapa community offer in previous years as part of the organization reach out to boost gas usage among the populace. One of the beneficiaries, Comrade Olayinka Emmanuel said the donation was a commendable one, stressing that the company has performed wonderfully well despite its short period of existence.

Africa Franchise Centre Opens in Lagos Africa Franchise Centre, a private sector-led initiative to help develop the franchise sector in the Africa region and boost its economic development, was inaugurated with the governor of Lagos State, Mr. Akinwunmi Ambode, reiterating his administration’s commitment to providing a conducive environment for Small and Medium Enterprises (SMEs) to operate successfully. Governor Ambode, who was represented at the occasion by his Special Adviser on Overseas Affairs and Investment, Prof. Ademola Abass, said the State’s N25 Billion Employment Trust Fund with interest rate of five per cent was among the steps his administration had taken to support SMEs. A Director of the AFC, Mr. Emma Esinnah, said the Centre was founded to help improve on the success rate of SMEs in Nigeria and Africa as a whole through the adoption of proven business systems that franchising provides. The US Commercial Counselor in Nigeria, Mr. Brent Omdahl, who was represented at the occasion by the US Embassy’s Commercial Attache, Ms. Jennifer Woods, said they were very proud to support the Africa Franchise Centre and the initiative in Nigeria.

“Anybody doing business in this sector and cannot deliver on the federal government’s plan to end petrol importation by 2019 has failed the nation� Minister of State for Petroleum Resources, Dr. Ibe Kachikwu

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BUSINESSWORLD UPSTREAM COMPANIES SHIFT FOCUS FROM ‘SURVIVE’ TO ‘THRIVE’

Guinea Insurance Grows Profit by 135% Ebere Nwoji

projects can work in a lowprice environment. Oil and gas companies will continue to adapt portfolios to perform at high and low prices and also to provide a platform for longer-term energy transition,� Ellacott explained. “Optimising the core business, controlling costs and employing digital technology like predictive analytics will all play a part. We expect companies to continue to develop high-value, low-cost oil. Building exposure to gas will also be a core strategic objective for most larger companies as they transition towards low-carbon portfolios,� Ellacott added. According to the report, companies will need to find the right formula to win back investors after a year of poor stock market performance in 2017. The report added that the companies would need to demonstrate that free cash flow can grow in a low-price environment and fund higher shareholder distributions will be a core focus. HOUSE COMMITTEE TASKS IBADAN DISCO ON CUSTOMER RELATIONSHIP

“Nigerians are eager and hungry to have stable electricity because power is a critical indices to development. So, we are here to do our oversight function on the request of NERC, according to their quarterly report submitted to the House on the overall activities of the Commission,� Asuquo said. “Today, we got commitment from the management of IBEDC and with our interaction, the service provider has assured us on their readiness to resolve some of the issues raised here today, especially ones that have been there for a very long time. We are fulfilled that the House of Representatives have come down here to solve some of the problems. We have created a better relationship between the service providers and the customers and have also done what is expected of us as representatives of the people,� Asuquo added.

NEWS

Guinea Insurance plc, said it grew its profit after tax (PAT) by 134.87 percent from N7.2million loss experienced in 2015 to N2.5millon profit recorded in 2016. The company, also said its profit before tax (PBT) grew by 194.64 percent from N46.9million in 2015 to N138million in 2016. The company’s Chairman Godson Ugochukwu, who disclosed this at the 59th annual general meeting of the company held in Kano, said Shareholders’ Funds in 2016 was N2.897billion and N2.899billion in 2015, representing a marginal drop of 0.08 percent. He said that the company grew its Gross Written Premium by 4.18 percent from N870million in 2015 to N907million achieved in 2016. He reaffirmed the commitment and resolve of the board to grow the company through strategic deployment of its distinctive competencies to gain competitive edge in the market place. Ugochukwu underlined as modest, the remarkable operational and financial successes the board and management of the company were able to achieve in less than a year despite the prevailing harsh economic realities on ground within the period. “As pledged in year 2015, we positioned ourselves for the future and initiated rigorous actions to get Guinea Insurance out of the woods and guided to

a path of profitability. Therefore, the company was able to grow its Gross Written Premium by 4.18 percent from N870million in 2015 to N907million achieved in 2016. Given this performance, the Guinea Insurance Chairman said: “Our company successfully overcame the challenge of solvency margin during the year as its solvency margin stood at N3,014,791,000 in 2016 as against year 2015, when the solvency margin was N2,981,596,000 ( “Given what could be

described as a sweeping pass as regards the remarkable feat of courage that was displayed by its board, shareholders were overtly hopeful that the trend would endure and the company will continue to consolidate its footing in the industry.� He pledged to continually focus on building capacity, repositioning the brand, building a tribe of loyal customers who will become the company’s brand ambassadors and ultimately transform the company to a world class enterprise. Speaking, acting Managing

Director of the company, Mrs. Isioma Omoshie-Okokuku charged stakeholders of the company to look on the bright side of new things to come as the board was raring to go with its continuous growth and development initiatives. “Today, I can stand before you and make bold that the newly constituted board and present-day management team of our company, have come together as a formidable force to pull out all the stops on our path to success. “We believe we are compet-

ing to win, our strength lies in our passion for high standards and determination to become a world class enterprise with the scope and economies of scale necessary to serve the financial and risk management requirements of our numerous customers; many of whom trade not just in domestic markets, but regionally and throughout sub-Saharan Africa.� As we move into the future, we will definitely be at the vanguard of positive changes�, she pledged.

MERITORIOUS AWARD

L-R: President & Chairman of Council, Nigerian Institute of Public Relations, Dr. Rotimi Oladele and Chief Executive OďŹƒcer, XLR8 Limited, Calixthus Okoruwa, during the award of Corporate PR Practitioner of the Year 2017 to XLR8 by the Nigerian Institute of Public Relations in Lagos ‌ recently

SON Launches PAM to Check Substandard Products Jonathan Eze Director-General of the Standards Organisation of Nigeria (SON) Osita Aboloma, has said that the agency’s newly introduced Product Authentication Mark (PAM) would raise the patronage of made-in-Nigeria products and boost the country’s economic diversification drive from oil to non-oil sector and check substandard products. The PAM is a mark of quality fixed on all finished products to demonstrate their conformity to approved standards. It is issued as a sticker with security features and QR code which can be scanned by a smart phone. It is applied on each product to ensure traceability and tracking

of imported and local products. Speaking at a stakeholders’ forum on PAM in Lagos recently, Aboloma said PAM would reduce counterfeiting of products which had become a clog in the wheel of the progress of local manufacturers, adding that it was one of the federal government’s initiatives targeted at improving the business environment. “We started it because counterfeiting is an age-long menace that has burdened us, leading to the influx of substandard goods in Nigeria. It also makes it difficult for local manufacturers to be competitive,� he said. He added: “It is our opportunity to deploy technology and authenticate products shipped

into the Nigerian market.� Certain items such as food products, drugs, and machineries of manufacturers, among others, are exempted from PAM, which will tentatively take effect on February 1, 2018. According to the acting Director, Product Certification, SON, Tersoo Orngudwem, the PAM was important to manufacturers as it would enable them to sell their products and easily trace them in the market. Orngudwem said the agency’s initiative would reduce the cost of changing logos while ensuring that consumers buy products that gave them value for their money. “I know of some companies that change their logos here

every quarter. With PAM, the companies should be able to reduce that cost and put the money elsewhere,� the acting director of product certification said. He stated that the N3 cost per stamp could be negotiated and that the initiative would be a win-win situation for all stakeholders. On his part, DG of the Consumer Protection Council (CPC), Babatunde Irukera, said his agency supported the PAM as it would protect consumers from buying counterfeits and cloned products. He added that people were dying in Nigeria due to substandard products in the market but added that the new initiative of SON would

help reduce that to the barest minimum. “I believe that the federal government should declare a state of emergency on the counterfeiting sector,� he stated. President of the Manufacturers Association of Nigeria (MAN), Frank Jacobs, commended SON for the initiative, underlining some of the benefits they would derive from it. “We are aware that this mark will further improve patronage of made-in-Nigeria products, clearly identify original products, further safeguard the health of consumers, provide unambiguous means of authentication and heavily reduce grey trade activities such as smuggling and counterfeiting,� Jacobs said.

50kg, that is a wonderful gift as well and we want to say to you coming onboard this flight, we will continue to remember you, this is the beginning of good things to come to the country called Nigeria�, he said. Medview Country Manager in Dubai, Ndukodon Bogi explained that the airline is prepared to provide efficient service to Nigerians and disclosed that it has General Sales Agent (GSA) for both passenger and cargo whose duty is to provide excellent service to its passengers. He said its took the airline three years to study the Dubai market and its nuances and how

to provide its passengers the best service. During the flight, the airline treated passengers to Nigerian menu by providing food such as jollof rice, semovita, pounded yam, egusi soup and so. Dignitaries that graced the maiden flight include the representative of Minister of State for Aviation, Senator Hadi Sirika, Alhaji Wakil Adamu who is the Director, Planning, Research and Statistics to the Ministry of Transportation (Aviation); The Minister of Women Affairs, Hajia Al Hassan; Super Eagles striker, Odion Igalo; representatives of the Oba of Lagos, Oba Rilwan Akiolu among others.

Medview Commences Flights to Dubai Chinedu Eze 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)

Medview Airline marked its service to Dubai, United Arab Emirate (UAE) with inaugural flight on December 7, 2017. Welcoming the airline to Dubai, the Nigerian Ambassador to UAE, Mohammed Dansata Rimi expressed happiness that the Nigerian carrier was able to break into the Dubai market and expressed the hope that the Nigerian carrier would be successful in the route. The Ambassador however urged Medview to brace up for competition and noted that with efficient service and on time performance it would be

able to sustain its operation in Dubai. “Make sure that the flight is in time. There is a lot of competition here but the solution to competition is perseverance,� Rimi advised. Also the Nigerian Minister of Women Affairs, Mrs. Aisha Alhassan, who was part of the inaugural flight called on Nigerians to patronise their own and remarked that Medview would be a strong alternative to Middle East carriers and other airlines that operate to Dubai from Nigeria because it would offer passengers relatively low fares and as a Nigerian carrier it would provide them

that distinctive service which other airlines cannot provide for them. During the flight to Dubai, the Managing Director of Medview, Alhaji Muneer Bankole announced that the airline would give one free ticket on every five tickets purchased by any customer flying on the Dubai route. He said this while thanking passengers on the flight and promised not to disappoint passengers who chose to fly the airline, adding that Medview would offer the best baggage allowance on the route. “We have a special free baggage allowance, with two pieces of 25kg each, which gives

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Curbing Petrol Tanker Accidents The use of dilapidated tankers to load petrol at the depots has led to increasing rates of explosions and fire incidents on the highways, with the attendant loss of lives. Ejiofor Alike reports that the rising incidents have exposed the high level of non-compliance of fuel marketers to health, safety and environment regulations With the increasing use of petrol tankers that are no longer road-worthy to load petroleum products, it has become obvious that there is high level of non-compliance to health, safety and environment (HSE) regulations in Nigeria’s oil and gas industry by the independent marketers of petroleum products and depot owners. The marketers have ignored several warnings by the Department of Petroleum Resources (DPR), which has continuously re-emphasised the importance of safety in the industry. At the recent 2017 Annual General Meeting (AGM) of the Lagos Zonal Office of the DPR held in Lagos, the Director of DPR, Mr. Mordecai Danteni Baba Ladan was alarmed at what he described as the ill-fated incidents recorded in 2017, saying the incidents were unfortunate and dire reminder of the dangers inherent in the operating environment when the operators fail to adhere to safety rules. He identified the major fatalities in 2017 to include the fire incident at the Apapa Jetty belonging to the Nigerian National Petroleum Corporation (NNPC) and operated by the Major Oil Marketers Association of Nigeria (MOMAN), which claimed four lives and the retail outlet fire incident in Ogun State, which recorded six fatalities. Also speaking at the AGM, which had “Safety –Our Joint Responsibility,� as the theme, the DPR’s Lagos Zonal Operations Controller, Mr. Wole Akinyosoye had also noted that the gas skid explosion, which claimed six lives in Ogun State was an avoidable incident. “Illegal gas plants and skids are mushrooming and more people are rushing into the gas business without taking time to familiarise themselves with the modus operandi on skill and statutory requirement for entry and operations. This has led to increasing fire incidents and near-misses in recent times. For example, early this year, six lives were lost to an explosion in a gas skid somewhere in Ogun State. Subsequent inquest by the DPR revealed it was an avoidable incident. We also found the lives could have been saved had the minimum safety procedures been followed and the DPR involved in the events leading to the operations in the facility, as prescribed by law. Recently, another gas explosion occurred somewhere in sub-urban Lagos, where three people were wounded and one, very critically,� Akinyosoye had explained. Frequent disasters on highways As the DPR is warning operators to adhere to safety measures in gas plants and retail outlets, there has been a rising cases of violation of safety rules by marketers and depot owners who authorise the use of tankers that are not road-worthy to load inflammable products at the depots and ply long highways where they explode and cause havoc. While these tankers successfully load products at the depots without any incident, they do not successfully get to their destinations in most cases. On several occasions, some of these tankers developed faults on the highways that resulted to explosions and fire incidents that consumed other motorists and their vehicles. In some cases, these tankers spilled petrol on residential houses and shops that were consequently razed together with the occupants by the resulting inferno. One of the most recent incidents occurred in Festac area of Lagos State when at least 21 vehicles and four commercial motorcycles were burnt last Wednesday when a tanker laden with petrol fell. The tanker spilled its content on the Festac Link Bridge in Awuwo Odofin Local Government Area, which resulted in fire that raged for about an hour. The News Agency of Nigeria had reported that the tanker, which was coming from Apple Junction and going to FESTAC Town, was ascending the bridge,

Petrol tanker ďŹ re in Festac, Lagos

when it suddenly rolled back and fell. The impact of the fall separated the tank from the truck’s body, resulting in an explosion, according to the report. Expectedly, the fire spilled over to nearby vehicles and into a car shop on the foot of the bridge, burning some of the cars. Barely four hours after the Festac incident on the same last Wednesday, six persons, including three soldiers were burnt to death in Iwuru in Biase Local Government Area in central district of Cross River State when a tanker laden with petroleum products crashed and exploded along the Calabar – Ikom Highway. The incident occurred when the tanker developed break problem and the driver tried to maneuver it to a ditch to avoid collision with oncoming vehicles. This led to an explosion and fire after the vehicle was said to have upturned. Earlier in July 2017, at least 10 people were burnt to death while six others sustained serious injuries when a petrol tanker went up in flames in Felele area of Lokoja, Kogi State. The Sector Commander of the Federal Road Safety Corps in Kogi State, Mr. Segun Martins, had reportedly said that most of the victims were passengers travelling in an 18-seater commercial bus. Culpability of marketers While some tanker accidents can be attributed to bad roads, most of the incidents are caused by the poor state of the vehicles and of course, recklessness of tanker drivers who hand over their vehicles to the ‘motor boy’ when they want to sleep or rest. As part of the safety measures, marketers and depot owners are required by HSE regulations to continuously train their drivers and disallow the use of tankers in very poor state to load products in their tanker farms. But in their unhealthy competition for high turnover and large market share, some of the depot operators even allow leaking tankers into their depots. These depot operators, it was learnt, adopt high level of safety measures to ensure that these faulty vehicles load products without any incidents within their facilities. However, before these vehicles reach their destinations, they will either explode and

catch fire or develop mechanical problems that could lead to accidents that claim the lives of other road users. THISDAY’s investigations revealed that on many occasions, a combined team of LASTMA, Federal Road Safety Corps, Nigeria Police, Civil Defence, Lagos State Fire Service, and LASEMA have averted loss of lives by successfully evacuating petrol from leaking tankers, which developed faults on Lagos Highways. THISDAY further gathered that such successful evacuation of products from tankers on the highways have been recorded in Coconut area of Apapa-Mile 2 road, Trade Fair Bus Stop along Lagos-Badagry Expressway and Ojo Barracks Bus Stop, also along Lagos-Badagry expressway. However, in some cases, petrol tankers cause accidents without giving signs for these agencies to intervene. Need for urgent intervention The federal government and the security agencies should collaborate with the DPR to stop the wanton destruction of lives and property on the highways by petrol marketers who have little or no regard to safety of human lives on the highways. Tankers that cannot pass integrity test should not be allowed on the highways, let alone into the depots to load inflammable products and endanger human lives. Some tankers have become a nuisance on the roads by causing accidents and gridlock. Unscrupulous LASTMA officials, police and security agents are not helping matters as they collect money from tanker drivers and encourage them to block the roads. In some areas, these officials simply look the other way out of fear of the powerful owners of these trucks. For instance, as businesses are collapsing in Apapa as a result of menace of tankers, the 10-lane Lagos-Badagry Expressway, which is still under construction, is increasingly under threat by the activities of tanker drivers. These drivers have turned the road to holding bay where their trucks park and wait for their turns to go to the depots in Satellite and Ijegun areas to load products. THISDAY gathered that tankers park along

the highway between Alakija Bus Stop and Trade Fair Bus Stop, causing heavy gridlock, especially at night and early morning hours, while LASTMA and police look on. Investigation revealed that motorists that wait on the long queues caused by the tankers blocking the road are robbed every night by hoodlums. The terms of the licensing of depot operators by the DPR stipulate that the depot owners must build a holding bay where tankers will park and wait for their turns to go into the depots to load fuel. But experience has shown that tanker drivers abandon these holding bays and park on their highways and also threaten to go on strike and plunge the country into fuel crisis when government officials attempt to eject them. The Lagos State government should quickly intervene to clear the tankers along the LagosBadagry road before the powerful petrol tanker drivers claim it is their right to park on this highway as they have successfully chased other business owners out of Apapa roads. It appears the focus is on the safety of upstream operations, while the loss of lives in the downstream sector and the highways are ignored. For instance, the federal government is considering jail terms for directors of oil and gas companies found guilty of abusing industry’s safety standards, according to the new National Petroleum Policy recently approved by the Federal Executive Council (FEC). The policy acknowledged that HSE practices of the operators in Nigeria’s oil and gas industry is quite poor, and needed to be improved on. The policy seeks to push for a robust adherence to standard health and safety practices, by ensuring that individuals found culpable of breach of safety standards, which result to accidents, is brought to criminal justice to serve as a deterrent to people who may consider acting in a similar fashion in the future. However, the focus should not be only on upstream operations as more Nigerians are daily losing their lives and property to the lawlessness of marketers and tanker drivers on the highways.

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T H I S D AY TUESDAY DECEMBER 19, 2017

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INDUSTRY

Boosting Milk Production Jonathan Eze examines the recent interventions of FrieslandCampina WAMCO to boost milk production in Oyo State Dairy farming is a class of agriculture for longterm production of milk, which is processed (either on the farm or at a dairy plant, either of which may be called a dairy) for eventual sale of a dairy product. Among the problems identified in milk production in Nigeria are low milk output of Fulani cows, poor grass quality that leads to low milk yield, and lack of storage and processing equipment. Others are unsanitary methods of milk handling, breakdown of processing plants, inefficient milk collection also impede the performance of the milk industries in Nigeria and lack of economic incentives from the government hamper the expansion of the country’s dairy industry. The local cow genotype that contributes about sixty-five per cent of the milk in Nigeria is multipurpose. Yielding only about 0.7 liters of milk per day, the local breed is not, therefore, a good milker. Genetic improvement of the local variety relies on natural cross-breeding. Less than three per cent of the stock has been artificially inseminated. High calf mortality (20-25 per cent) and long calving interval (20-26 months), slow maturation, and low productivity of the local breed of Nigeria’s cattle add to these problems. With the exception of farm residue, the natural grass upon which the bovine depend is low in protein and indigestible roughage. Animals feeding on this grass have poor nutrition and low milk harvest. The calves compete with human beings for the limited output of milk. A pastoralist must therefore under this circumstances ration his milk in such a way that the well-being of the calf is not jeopardised by a disproportionate consumption of milk by human beings. However, these challenges no longer threaten dairy farmers and communities who are beneficiaries of the dairy development programme of FrieslandCampina WAMCO Nigeria. At the recent occasion of the Dairy Farmers’ Day, the Managing Director, Mr. Ben Langat, said that WAMCO Dairy Farmers’ Day aims at highlighting the importance of dairy farming not just for producing milk and other dairy products but, providing sustainable livelihoods for rural farmers. “Today’s event celebrates all our farmers across the communities here in Oyo State where the Dairy Development Programme is currently being implemented; and will also facilitate knowledge exchange and experiential learning between our local dairy farmers and dairy experts from across Nigeria and beyond here present. “Today, while we share experiences regarding best practices in dairy farming within the Nigerian context, identifying challenges facing the dairy sector and proffering their solutions; we will also focus on the prospects and potential of dairy farming in Nigeria in around a decade from now. “Currently, the Nigerian dairy sector is still largely characterised by cattle ownership belonging to Fulani pastoralists who are nomadic and go for days on long distances to graze their cattle and look for pasture and water for them. This affects the quality and quantity of their milk with the output of milk per cow per day currently at about 1 litre compared to other African countries like Kenya and Uganda with between 30 to 40 litres of milk per cow per day. Also, milk production is really not the mainstay of most pastoralists, as the cattle they rear are for beef production while the milk they produce is sold through informal channels in various local forms.� Meanwhile, statistics published by Dairy Chain in 2014 puts the annual demand of milk in Nigeria at 1.1b litres with estimated annual production greater than 400m litres while annual demand/supply gap stands at 700m litres. According to Langat, “There is clearly an opportunity here, for us as a leading dairy nutrition company and for Nigerian dairy farmers to benefit as they bridge this sizeable gap.� He enumerated some of the challenges. “The dairy sector faces a number of challenges; some of which have continued to plague the sector over the years. In particular, the nomadic nature of the pastoralists who are mainly the cattle owners coupled with lack of good quality

Dairy Farmers with Fresh Cow Milk at Iseyin, Oyo State

grazing reserves and pastures result in poor nutrition for lactating cows and poor productivity of indigenous cattle breeds. The unorthodox fresh milk collection, processing and marketing channels, lack of infrastructure (access roads, potable water, electricity, and modern dairy farming technologies) and absence of enabling policies regarding dairy farming have also contributed to the current undesirable situation in the dairy sector. “That said, there have however been tireless efforts by private firms and individuals (in some cases in collaboration with state and federal government) to forge ahead and ensure improvement in the dairy sector in spite of the prevailing challenges. Some of these interventions are focused on: strengthening of milk marketing, collection and payment by private firms; improved extension and productivity services, animal health and cross breeding schemes, aggregation of farmers for easier access to credit facilities and markets as well as facilitation of inputs and infrastructure in dairy zones (to mention a few).� Langat further delved into the history or the formative stage of the programme. “As a company, we are at the fore front of these economic solutions and will continue to play a key role in the ongoing efforts to improve and maximise the potential of dairy farming. “Since its inception in 2011 till date, activities of our dairy development programme have spanned across Five LGAs of Iseyin, Ibarapa, Saki West, Atiba and Itesiwaju in Oyo-State in collaboration with Federal Ministry of Agriculture and the Oyo-State government. Specifically, the focus of implementation has been on Identification of dairy value chain actors in Oyo State; Sensitisation, registration and organioation of potential dairy farmers; Training of farmers and extension workers; Milk collection, testing and quality control; Crossbreeding; Tsetse eradication programmes; Improved and hybrid pasture cultivation demonstrations for farmers. “A large network of dairy farmers including men and women are currently engaged in the programme; 300 of whom are present here today from the clusters operating in Fasola, Maya, Alaga and Iseyin communities with Milk Collection centres (all built and equipped by

FrieslandCampina WAMCO. “With the ongoing efforts and interventions within the dairy sector, there are notable improvements and gains being made towards the optimal functioning of the sector. Riding on the back of this therefore, we would like to look to the future and envision what dairy farming should look like in about a decade (2030 to be precise). “We would expect a total turn around and 100% improvements of the policy and enabling environment, research and development, economic empowerment, infrastructure, food security, among others. “Particularly there should be: Access to finance and credit facilities, access to land for grazing, pasture, feed et al; Improved reviewed policies, clear regulations on land ownership in different parts of the country “Improved research in Animal health and nutrition as well as technologies for enhancing dairy farming “More smallholder farmers with well-established ranches; improved and availability of modern farming methods and equipment “Availability of variety of dairy products, improved yield of milk in litres per cow per day, 100% local sourcing of milk for dairy firms, “Markets for the milk products from farmers organised dairy clusters and cooperatives, well established dairy communities with well- developed facilities- schools, hospitals, etc.� Impressed by the initiative of WAMCO, the Minister of Agriculture and Rural Development, Chief Audu Ogbeh, applauded their efforts 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.� Meanwhile, 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. The winners are Adamu Aliu Poku of Fashola LGA, Kadade Amodu (Alaga LGA), Mohammed Osomo (Iseyin LGA), Amuda Yusuff Aliu (Maya LGA) and Abdukareem Jubril (Saki LGA). Still at the event, the company also invited two Dutch famers – Gerben Smeenk and Herman Bakhius - under its Farmer2Farmer Programme from The Netherlands. Both men shared experiences and their knowledge of best global dairy farming practices with their Nigerian counterparts and in turn learnt, identified and discussed challenges facing Nigeria’s dairy sector. They also proffered solutions. The event featured presentation on the theme: “Dairy Farming: A Business Lead for Economic Growth� as well as panel discussions. Over 300 farmers attended the celebration, cheerful and dressed in the same cultural attire worn by the management of FrieslandCampina WAMCO. Prominent guests at the event were the Ambassador of The Netherlands to Nigeria, Mr. Robert Petri; Governor of Kebbi State, Abubakar Atiku Bagudu; representatives of the Oyo State Agricultural Development Programme (ADP), 2Scale-IFDC and Sahel Capital Partners. The Dairy Farmers’ Day rounded off with an exhibition by key players in the dairy sector namely, Animal Care, Top Feeds, Real People Concept, Terratiga, Festola Farms and CEVA Sante Animale, among others. The exhibition included simulations of good dairy practices, artificial insemination, animal health and nutrition, vaccines, forage production, veterinary equipment, animal reproduction technology and management. Some of the farmers spoke with THISDAY and expressed their joy on the initiative adding that it has improved their bank balances and created sustainable hope for them.

27

T H I S D AY ˾ TUESDAY, DECEMBER 19, 2017

PROPERTY & ENVIRONMENT Ajayi: Tax Evasion, Environmental Laws Violation Undermine Real Estate Industry A frontline real estate developer, Mr. Adetokunbo Ajayi, who is the Chief Executive Officer, Propertygate Development and Investment Plc., in this interview, discusses the importance of taxation and the dire implications of non-compliance with taxation rules by many operators in Nigeria’s real estate industry. He explains that these firms take undue advantage of the government’s inability to enforce rules to have unfair edge over organisations that obey tax laws What is your assessment of the government’s approach to economic management? One of the visible actions of the current administration is the drive to increase public revenue and diversify income sources. These are major high points on their agenda. These became more pressing when the country entered recession. Learning the hard way that over reliance on oil revenue is not sustainable; governments at federal and state levels have heighten the drive in collection of tax revenue at an unprecedented tempo. But in Nigeria, there is always apprehension on the subject of taxation, as individuals and organisations tend to believe that taxation is more of extortion than revenue source. There is usually an atmosphere of anxiety with respect to the impact of tax drive on businesses including real estate. However, on the assumption that the tax authorities will follow due process and the laws in their drive, one can say there should be no cause for anxiety. In any case, the current position is that businesses are normally required by law to pay tax. While parting with funds in form of taxes may be burdensome to businesses, the positive side is that when the government deploys such funds for good uses such as providing critical infrastructure for businesses to thrive and security, among others, the benefits of such payments can be quite satisfying. In addition, there is a positive side to the government’s awakening to its tax enforcement responsibility. A weak enforcement regime where few are compelled to pay taxes and majority is allowed to carry on their businesses without paying taxes creates an unfair competition. As a real estate developer, what is your assessment of compliance to payment of tax in Nigeria? As an incorporated real estate development company, there are numerous obligations the tax authorities expect from you. You are required to deduct applicable withholding tax from contractors, consultants and suppliers on your projects and pass them to government. When contractors, consultants and suppliers know that you will deduct, they typically mark up their prices to accommodate the WHT deductions.

still intends to stick to the right path, it may be compelled to withdraw from the market, as it may not be able to compete. The system has succeeded in rewarding crookedness and the entire society suffers! As a practitioner in real estate, you see this unfair advantage play out in other areas to the detriment of those who want to do the right thing. For instance, when it comes to development matters and planning regulations, you see the non-compliant operators having clear advantage.

Ajayi

You are also expected to deduct value added tax (VAT) from your sale price. If two companies produce similar real estate products and all other cost of production remain the same, the company that is tax compliant will have higher production cost than the other company that does not pay WHT and VAT. This gives the tax evading company an advantage over the tax compliant one. Are you saying that ineffective compliance with payment of tax encourages unfair advantage in some quarters? It does create an unfair advantage. The overall business cost of the tax evading company is lower. They have a comparatively lower wage cost, as staff would have demanded for more pay if they were deducting personal income tax and other statutory deductions. In addition, they pay little or no corporate income tax and education tax on their profit before tax. The overall implication is that the tax evading company, producing exactly the same quality of real estate products with a tax compliant company, can mark their sale price down by up to 30% in view of these unwholesome gains; thus securing a huge market advantage. When this situation persists, the tax compliant operators may not see the need to continue on the right path since other operators are getting away with fortune, while they struggled. If the tax compliant company

the market that is buying cares more about pricing and not about the ethical standard of an operator. You notice a similar situation even among building materials’ vendors where vendors of quality and standard materials have left the market or have joined the non-compliant ones out of necessity to continue in business.

How does this affect competition for development opportunity? The non-compliant operators indulge in gross and brazen violation of setback, density and land use rules. When competing for a development opportunity with them, you may lose out because you will not be able to come up with as much development units as these noncompliant operators who disregard density and setback rules. Similarly, you may not be able to produce retail outlets on purely residential parcel. The non-complaint operators win, and typically they get away with these infractions. Unfortunately, you may also lose out as rulescomplying operator when competing for tract development. While you are insisting to the potential partners (usually land owners) that estate layout be produced, your competitors are not that mindful.

In specific term, how does the violation of urban development rules affect real estate businesses? We have unfortunate instances where huge real estate investments are sadly undermined by activities which are in clear violation of planning, environmental, traffic and other laws of public decency. Sporadic markets, motor cycle parks, shanties, etc have emerged to create blight, threatening millions of naira investment in real estate projects. Investors are left in virtual financial ruins by activities that are not only extremely fringe in value but environmentally degrading. The sheer lawlessness on our roads, almost with impunity in some areas, has virtually locked down investment in these locations. People are reluctant to take up real estate products in such places due to surrounding blight and/or ordeal of daily commuting. Investors in such locations struggled for patronage, while demand pressure builds up in areas of relative sanity, leading to overpricing and overdevelopment, among other unpleasant consequences.

There have always been controversies on the issue of compliance with layout in Nigeria as most houses are built at variance with the approved layout. Producing estate layout requires that part of the land will go for infrastructure, landscape and other facilities. The land owners want more land for development, disregarding critical minimum standard that will make for good built environment. While you are still pontificating on the need for standard, your competitors are already on site clearing. Usually, there are no adverse consequences to them. The situation of uneven playing field is further compounded by unaccountable operators (typically individuals), who are usually in gross violation of planning rules and their tax responsibilities. Unfortunately,

What then should be the role of the government? Government has the responsibility of promoting law, order and public good. The benefits to all are clearly seen in places where compliance is treasured. We cannot possibly build the society of our dream when businesses operating outside the clear provisions of laws and regulations are allowed to thrive. While the government might not have taken action to support lawlessness, its sheer omission to act decisively and consistently for all to see is enough incentive for deviant behavior. I believe with a renewed commitment to enforcement, due process and fairness on the part of government, we will begin to see enthusiastic followership and loyalty on the part of the citizens. The reward will be the emergence of a better society.

Epe Communities Fear Being Shortchanged in Lagos Launches Full-scale War on Indiscriminate Lagos Land Acquisition Disposal of Waste Bennett Oghifo The Eyin-Osa United Kingdom Development Association (EUKDA), which comprise about 120 families, have expressed fear of being dispossessed of their land with the proposed enumeration plan of the Lagos state government. Chief Muftau A. Shittu, who heads EUKDA’s executive, said they are vehemently opposed to the procedure Lagos officials put forward to conduct the enumeration exercise, describing it as “an attempt to defraud the land owners of their God-given inheritance.” On the procedure, Shittu stated that the government would identify land owners, count development on such land, like burial ground, huts, shrines, including crops to determine compensation to

the owners. “However, our association, for the past fourteen years that different administrations have been toying with this mode of enumeration for compensation, has been rejecting it, not because it is not only inadequate, but it is also a callous means to take away our inheritance, by which the over 120 families would become homeless.” Chief Shittu said officials of the Lagos State Ministry for Commerce and Industry were preparing to carry out the exercise, stating that they were told by the officials that the planned enumeration had come to stay and that it would be carried out forcefully if compelled. However, the group presented their request in a letter dated September 7, 2017,

addressed to the Commissioner for Commerce and Industry, signed by Messrs Mufutau Shittu, who is the Chairman and Kabiru A. Shabi, the Secretary. They asked for 45 per cent as the minimum of the entire lands to be excised in the name of the association; that Certificate of Occupancy (CofO) be provided in the name of the association within the affected land area, which is Eyin-Osa area, the ancestral homeland of their members. They also requested that the compensation that would be agreed upon by both parties should be made in cash with the current value and rate at the period of payment; and that before any enumeration on the lands begins, the terms of enumeration and compensation must be agreed upon and signed by both parties.

The Lagos State Government has launched a full-scale war on indiscriminate disposal of waste, warning that anyone caught violating environmental laws within the State will face the full wrath of the law. The state’s Commissioner for the Environment, Dr. Babatunde Adejare, made the declaration at an interactive session with Media Chiefs in Lagos, recently. The Commissioner spoke against the backdrop of the worsening situation where some Lagos residents have formed the habit dumping waste at illegal spots, thereby sabotaging on-going efforts to rid Lagos State of filth. Adejare noted with concern that soon after littered black spots and illegal dumping sites were cleared, some residents would return and

dump waste at the same spots. He admonished residents to use approved and legitimate dumping sites to dispose their refuse to avoid arrest and prosecution. “The Cleaner Lagos Initiative was born out of the need for Lagos to employ the operating standards adopted by other countries in the area of waste management. With the introduction of the CLI, we have launched a full-scale war on improper waste management within the State. The CLI is the solution to the recurring complaints about the manner waste is disposed within the State. I have no doubt that it will be a huge success when we roll it out fully by next year,” said the Commissioner. Taking a cue from the State Governor, Mr. Akinwunmi Ambode, who advised Lagos

residents during his budget presentation speech to pay their Public Utility Levy (PUL), Adejare stated that the PUL is a consolidated fee replacing former waste charges collected by the government from property owners and residents, positing that the new policy would help in optimising efficiency in the waste management process. He enjoined Lagosians to pay their bills as at when due. On the dispute between Private Sector Participants (PSPs) and the Lagos State Government, Adejare said the PSPs lacked the capacity to handle the over 10,000 metric tonnes of waste generated in Lagos daily in an effective and scientific manner, adding that Lagosians would see the impact of the new arrangement when it becomes fully implemented.

30

T H I S D AY ˞ ˜ DECEMBER 19, 2017

BUSINESS/MONEYGUIDE

LSETF Launches ‘Lagos Innovates’ for Tech Startups Peter Uzoho The Lagos State Employment Trust Fund, (LSETF), has launched the ‘Lagos Innovates’, a series of programmes designed for technology and innovation-driven startups in Lagos State. Through provision of access to high quality infrastructure, learning, capital and networks, the scheme hopes to cement Lagos’ position as the leading destination for startups in Africa, and is tailored towards supporting Lagos-resident founders and Lagos-based high impact, scale potential startups in smart ways. The initiative was developed from the experience and successes of similar government-led initiatives like Startup Chile, Startup India and Startup Singapore.

The Lagos Innovates which was launched Monday, with three programmes designed to deliver value through numerous co-working facilities in Lagos, was informed by the recognition of collaboration and network-building as key to meaningful innovation and creativity. From the day of launch , opportunities have been provided for Lagos-resident founders and operators of co-working spaces and innovation hubs to apply for one of the initiatives’ first three programmes: Workspace Vouchers, Hub Loans and Events Sponsorship, through open, merit-based, online applications processes. Speaking at the launch, Executive Secretary, LSETF, Mr. Akintunde Oyebode, said that additional programmes which would include, a

scale-up accelerator program, a co-investment scheme, and a second, learning-focused, voucher scheme, would follow in the first quarter of 2018. “Lagos has perhaps the most exciting startup ecosystem of any city in Africa,� Oyebode said. According to him, the investment case is clear, and driven primarily by the size of the market and accessibility as an entry-point for Nigeria and a springboard for the rest of West Africa. “If we get our model for innovation-driven enterprises right, Lagos State has the potential to exponentially increase opportunities and jobs for its residents in the medium - to long-term. This is the right government to execute on Lagos Innovates and the broader vision of a thriving startup ecosystem.

Experts Blame Lack of Transparency, Others for Challenges in Health Sector Nume Ekeghe Experts in the healthcare sector, risks management, insurance and regulatory authorities have blamed lack of transparency, accountability and poor corporate governance as the bane of Nigeria’s health sector. This was further explained in a governance research conducted by Conrad Clark Nigeria Limited for the health sector, which showed that only 4.86 per cent of hospitals in Lagos have governance structure and 3.54 percent have risk management structure. At the third edition of the Clinical Risk & Governance summit 2017, hosted by Conrad Clark Nigeria in Lagos with the theme “Clinical Emergencies in Nigeria�, the experts underlined “pandemic� negligence in management of accident victims, disease outbreak, poor response to general clinical emergencies by government, medical practitioners and regulatory bodies with outdated policies and poor governance. According to them, these have resulted to

barratry, multiple of thousand deaths across Nigerian hospitals. A former governor of Ondo State, Dr. Olusegun Mimiko, while speaking on challenges of healthcare management in Nigeria lamented poor finance management and lack of accountability in governance. According to him, the antidote to the challenges include having “political will for health at the highest level of government and legislation� improved funding (targeting 15 percent for health in the budget), implementation of the national health act, strengthening of the NCDC and Improvement of stakeholders engagement. The Head of Health & Life Operations at Continental Reinsurance Plc, Olaolu Omifare, in a research paper on “Use of HMOs and Insurance products in funding healthcare in Nigeria�, said 71 percent of the 5000 respondents have heard about health insurance but over 52 percent do not have any health insurance subscription. Hence, the need for more

health insurance coverage by HMOs and the need for government to make the scheme mandatory, improving regulation and exploring alternative funding, he opined Also, the CEO of Conrad Clark Nigeria, Joachim Adenusi, in his remark, emphasised the poor governance structure in the health sector, calling the attention of the delegates to the result of a governance research conducted by Conrad Clark for the health sector showing only 4.86 percent of the hospitals in Lagos have governance structure and 3.54 percent with risk management structure. Adenusi called on all health stakeholders to play their roles effectively, manage uncertainties and increase productivity across board. Similarly, Dr Sanusi TAB, Registrar, Medical & Dental Council of Nigeria in his paper spoke on the role of the council as a regulatory body for health practitioners in ensuring proper conduct of professional practice.

Ambode

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)

Retiree Emerges Winner in Skye Bank Promo An ex-staff of the defunct Power Holding Company of Nigeria (PHCN) Bello Sarafa has emerged a new millionaire in the on-going Skye Bank ‘Reach for the Skye Millionaire Reward’ draw which took place in Lagos recently. The draw was graced by different dignitaries and financial stakeholders. According to a statement, traders, artisans, businessmen, transporters and women in Iyana Ipaja all trooped out to participate in the electronic draw which saw Sarafa that had banked with Skye Bank for over 12 years with Sango Otta branch of the bank emerged as millionaire; while over 20 other customers also won other cash and gift prizes. Expressing his delight after the winners’ cheque presentation, Oba Babatunde Akanbi Ogunrobi, the Ariwajoye/Akinlowo 1 of Shasha Kingdom thanked Skye bank for rewarding customers who chose to bank open and operate accounts with the bank. He said

that, Skye Bank reward promo will go a long way in changing lives across the nation�. He further stated that, “having a savings culture cannot be underestimated�. Bello, who was excited and full of gratitude to the bank when he was named the millionaire, could not hold back his joy when informed that he won a million naira. He added: “Sincerely, what has happened to me is a pleasant grace of God. I was deliberating on how to utilize the N200 cash on me for lunch that afternoon when I received the good news.� Ten other customers won the sum of N100,000 and N50,000 respectively; while 20 other customers won N20,000 each. Also, gift items such as table top fridge, generator, table top gas cookers, mobile phones, blenders, recharge cards and table top gas cooker were also given to other winners as consolation prizes. The Managing Director/Chief

Executive Officer of Skye Bank, Mr. Tokunbo Abiru, reaffirmed the bank’s commitment to continuously reward its new and existing customers that have imbibed the culture of savings despite these austere times. Abiru further stated that, “we are very happy that this draw at Iyana Ipaja, is taking place at the Christmas season. Our aim is to make it a good Christmas for our customers. Consequently, we are using this medium to encourage all our customers to continue to save with us, and more importantly to build up their balances to about N10,000.00 to qualify for the draw and win any of our cash prizes with the star prize being N1m. So far, we have given out prizes worth almost N100m since the beginning of our campaign torching the lives of our customers.� The Skye Bank boss was represented by the Head, Strategic Brand Management, Nduneche Ezurike.

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 15, 2017

The price of OPEC basket of fourteen crudes stood at $61.48 a barrel on Friday, compared with $60.87 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

31

T H I S D AY Ëž Ëœ ÍŻÍˇËœ Í°ÍŽÍŻÍľ

MARKET NEWS

Again, Meristem Facilitates Huge Transaction in Dangote Cement Goddy Egene Dangote Cement Plc yesterday recorded another huge transaction as investors staked over N124 billion on about 551 million shares at the stock market. The transaction lifted the overall value of transactions by 1,294 per cent with investors staking N127.933 billion on 752.113 million shares in 3,576

deals, up from N9.173 billion invested in 425.254 million shares in 4,104 deals last Friday. The huge investment in Dangote Cement Plc is coming five days after similar transaction last Wednesday when investors staked N26.99 billion on about 128.560 million shares of the cement firm. This followed the N87.360 billion invested in 416 million shares in August. THISDAY checks showed

P R I C E S MAIN BOARD

F O R

DEALS

that all the transactions have been facilitated by Meristem Securities Limited. However, the transaction of yesterday was the highest as the firm facilitated the trading of 549 million shares valued at N124.12 billion. Although the stockbroking firm declined to comment, it was gathered that the transaction must have come from an existing foreign investor increasing its stake in the cement company.

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

Meanwhile, the market closed on a bearish note with the Nigerian Stock Exchange (NSE) All-Share Index falling by 1.24 per cent to close at 37,957.96, while market capitalisation shed N162.1 billion to close at N13.5 trillion. In all, there were 19 price gainers and 19 price losers. Presco Plc led the price gainers with 8.8 per cent, trailed by UACN Property Development

T R A D E D MAIN BOARD

A S

Company Plc with 5.6 per cent. Champion Breweries Plc and Vitafoam Nigeria Plc garnered 5.0 per cent apiece, just as Union Bank of Nigeria Plc added 4.9 per cent. Conversely, Cadbury Nigeria Plc led the price losers with 5.8 per cent, trailed by Eterna Plc and International Breweries Plc shed 5.0 per cent each. NASCON Allied Industries Plc and Caverton

O F

Offshore Support Group Plc closed 4.3 per cent lower. In terms of sectoral performance, three of five sectors trended southwards, one closed in the green and the other flat. The NSE Industrial Goods Index led laggards, down 2.0 per cent The NSE Consumer Goods Index trailed, falling 0.7 per cent while the NSE Insurance Index shed 0.5 per cent.

1 5 / 1 2 / 2 0 1 7 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

32

T H I S D AY TUESDAY DECEMBER 19, 2017

33

T H I S D AY TUESDAY DECEMBER 19, 2017

Happy Birthday His Excellency @

55

His Excellency, DISTINGUISHED SENATOR ABUBAKAR BUKOLA SARAKI Chairman, National Assembly & President of the Senate

On this remarkable day of your 55th birthday, we, members of the Senate Committee on Finance rejoice with you on your various lofty and unparalleled achievements in your life. We are very proud to be associated with you for the enormous contribution to nation building, advancement of Nigeria's democracy and the quality leadership you have brought to bear in the National Assembly, the Senate in particular. We remain delighted that on this auspicious occasion of your birthday, you have continued to display exceptional threads of patriotism, unity and protection of the legislative arm of government.

Happy Birthday His Excellency! Signed:

Senate Committee on Finance

Sen John Owan Enoh - Chairman Sen. Sen Sen. Umaru I. Kurfi - Deputy Chairman Sen Sen. Usman B. Nafada - Member Sen Sen. Sabo Mohammed - Member Sen Sen. Joshua C. Dariye - Member Sen Sen. Hope O. Uzodimma - Member

Sen. Yahaya A. Abdullahi - Member Sen. Solomon O. Adeola - Member Sen. Mustapha M. Sani - Member Sen. Nelson A. Effiong - Member Sen. Yusuf A. Yusuf - Member Abdullahi El Rasheed - Asst. Director /Committee Clerk

34

T H I S D AY TUESDAY DECEMBER 19, 2017

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

Sâ&#x20AC;&#x2122;Africaâ&#x20AC;&#x2122;s ANC Picks Cyril Ramaphosa as Leader South Africaâ&#x20AC;&#x2122;s ruling African National Congress (ANC) has elected Cyril Ramaphosa to succeed President Jacob Zuma as the partyâ&#x20AC;&#x2122;s leader, according to a BBC report. Ramaphosa,the countryâ&#x20AC;&#x2122;s deputy president, defeated former cabinet minister Nkosazana Dlamini-Zuma, the current presidentâ&#x20AC;&#x2122;s ex-wife, after a marathon voting process that featured thousands of delegates from the ruling party. The election puts Ramaphosa is in a strong position to become president in 2019 polls. The partyâ&#x20AC;&#x2122;s leadership tussle caused fierce political infighting, raising fears the party may split before the election.

Ramaphosa defeated Ms Dlamini-Zuma by 2,440 votes to 2,261, an ANC spokesperson announced. The result triggered celebrations among party members. Media reports earlier said the announcement had been delayed after Ms Dlamini-Zumaâ&#x20AC;&#x2122;s camp had demanded a recount. Ramaphosa, 65, has spoken out strongly against state corruption and has the backing of the business community. Dlamini-Zuma, 68, had been critical of the enduring power of white-owned businesses and had pledged to tackle what she said was continued racial inequality.

The voting process had started soon after midnight on Sunday and lasted nearly 12 hours after repeated delays due to disputes over which delegates were qualified to vote. There were also reports that hundreds of attendees were banned from the poll creating the risk of legal disputes. The 4,776 delegates cast secret ballots for the six senior positions in the party. Allegations swirled of delegates being targeted with bribes, but ANC spokesman Khusela Sangoni told reporters that the process had proceeded â&#x20AC;&#x153;smoothlyâ&#x20AC;?.

Washington Train Crash: Deaths as Rail Carriages Fall on US Motorway Train carriages have plummeted on to a motorway in Washington state, causing â&#x20AC;&#x153;multipleâ&#x20AC;? fatalities, BBC reported police as saying. The train derailed and the carriages fell on to the I-5 highway below. Images from the scene show emergency services treating people on the ground. It appears that at least four carriages have left the track; one of them is upside down

on the highway. Several cars on the highway were struck by the derailed carriages, the Pierce County Sheriffâ&#x20AC;&#x2122;s department says. Sheriff department spokesman Ed Troyer has told local media that there are fatalities and people still trapped on the train. Among motorists caught up in the incident there were a number of people injured but no one killed, the department said.

The incident happened near DuPont, which is southwest of Tacoma. The was the first time an Amtrak train carrying passengers southbound had run on a new section of track running parallel to I-5, called the Point Defiance Bypass. The crash occurred around 07:30 (15:30 GMT), about 45 minutes into train 501â&#x20AC;&#x2122;s journey between Portland and Seattle.

Twitter to Put Warnings Before Swastikas, Other Hate Images Twitter Inc (TWTR.N) said on Monday it would begin issuing a warning before a user can see pictures with Nazi swastikas and other items it determines are hateful imagery, as well as prohibit their use in any profile photos on its social media network, according to Reuters. The new policies also ban users who associate either online or offline with organizations that promote violence against civilians. The step is one of several that

Twitter said it would take to crack down on white nationalists and other violent or hateful groups, which have become unwelcome on a service that once took an absolutist view of free speech. Twitter said in a statement that it would shut down accounts affiliated with non-government organizations that promote violence against civilians, and ban user names that constitute a violent threat or racial slur. It said it would also remove

tweets that it determined celebrate violence or glorify people who commit it. Twitter suspended an unknown number of accounts on Monday, including one belonging to Jayda Fransen, the Britain First leader whose videos critical of Islam were retweeted multiple times by U.S. President Donald Trump last month. A Twitter spokeswoman declined to comment on Fransenâ&#x20AC;&#x2122;s ban or whether it was due to the new polices.

Syriaâ&#x20AC;&#x2122;s Assad Calls U.S.-backed Militias â&#x20AC;&#x2DC;Traitorsâ&#x20AC;&#x2122; Syrian President Bashar al-Assad on Monday described U.S.-backed militias in eastern Syria as â&#x20AC;&#x153;traitorsâ&#x20AC;?, Reuters reported his office as saying in an online statement. In a meeting with Russian Deputy Prime Minister Dmitry Rogozin at Syriaâ&#x20AC;&#x2122;s Hmeimim base, Assad also welcomed a United Nations role in Syrian elections as long as it was linked with Syriaâ&#x20AC;&#x2122;s sovereignty, his office cited him as saying. Assad has repeatedly vowed

to take back all of Syria. A U.S.-led international coalition against Islamic State has given military support to the Syrian Democratic Forces (SDF), an alliance of Kurdish and Arab militias that now controls nearly a quarter of Syria. The SDF said Assadâ&#x20AC;&#x2122;s comments were no surprise, accusing his government of sowing strife and sectarianism. â&#x20AC;&#x153;We assert once again that we will go forward without hesitation in chasing terrorism,â&#x20AC;?

it said in a statement. â&#x20AC;&#x153;This regime ... is itself a definition of treachery that, if Syrians do not confront it, will lead to partitioning the country, which our forces will not allow in any form,â&#x20AC;? the Kurdish-led SDF added. Rogozin was quoted by Russiaâ&#x20AC;&#x2122;s RIA news agency as saying after the meeting with Assad that Russia would be the only country to take part in rebuilding Syrian energy facilities.

Trump Strategy Document Singles Out Russia as Bad Actor Globally U.S. President Donald Trumpâ&#x20AC;&#x2122;s administration named Russia on Monday as a bad actor on the world stage in a policy document that offers a sober analysis of Moscow as a rival despite Trumpâ&#x20AC;&#x2122;s own bid for warmer ties with President Vladimir Putin. The criticism of Russia, laid out in a new national security strategy formed from Trumpâ&#x20AC;&#x2122;s â&#x20AC;&#x153;America Firstâ&#x20AC;? foreign policy vision, reflects a view long held by American diplomats that Russia

actively undermines U.S. interests at home and abroad. Excerpts of the strategy document released on Monday made no direct mention of U.S. allegations that Russia meddled in last yearâ&#x20AC;&#x2122;s presidential election. A U.S. federal investigation is also looking into whether Trump campaign aides colluded with Russia, something the Moscow and Trump deny. Trump has frequently spoken

of his desire for an improved relationship with Putin, even though Russia has frustrated U.S. ambitions in Syria and Ukraine and done little to help Washington in its standoff with North Korea. In the second such call in under a week, Putin spoke to Trump on Sunday to thank him for providing U.S. intelligence that helped thwart a bomb attack in the Russian city of St. Petersburg. On Thursday, Putin and Trump discussed the crisis in North Korea.

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A

WEEKLY PULL-OUT

EVENTS OF 2017

19.12.2017

2/DASHBOARD

19.12.2017

Constitutionality of the EFCC Prosecuting a Serving Judicial Officer PAGE 4

Professor Ojukwu Suggests How to Sustain Legal Profession in Nigeria PAGE 5

Be More Responsive in Resolving Consumer Complaints, CPC Counsels Businesses PAGE 6

‘Lawyers Must Be Prepared to Devote Time, Attention and Resources to Practice’ PAGE 6

COLUMNIST

QUOTABLES ‘Inter-security rivalry is not necessarily limited to Nigeria.....But what happened in Nigeria was a king dancing naked in the market place, and it was obviously shameful!....It points to a fractured system of governance where there is some apparent form of rudderlessness and directionlessness, with these acting insurgency and anti-graft agencies fighting each other publicly. It didn’t do us any good at all, in the eye of the international community ‘ – Mike Ozekhome, SAN, Constitutional Lawyer and Human Rights Activist ‘The Court of Appeal held that as a condition precedent to filing charges or to even conducting any criminal investigation in respect of any serving Judge, the NJC must have exercised disciplinary powers over that Judge, and removed him from the Bench, before he can be proceeded against. Where in the Constitution or any of our laws, do we have any provision supporting that decision? There is none.’ – Jiti Ogunye, Legal Practitioner, Lagos

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.

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

/3

Judiciary: A Tale of Two Decisions

T

wo incidents caught most of us Lawyers’ attention last week. First, was the Court of Appeal Lagos Division’s decision regarding the discipline of erring Judicial Officers, and the other was the alleged refusal of entry of Ms X into the Hall during last week’s Call to the Bar ceremony, on account of her purported refusal to remove her hijab prior to entering the ceremony.

Nganjiwa v Federal Republic of Nigeria The recent decision of the Court of Appeal in HON. JUSTICE HYELADZIRA NGANJIWA v FEDERAL REPUBLIC OF NIGERIA, where the Court decided inter alia that, the National Judicial Council (NJC) is the only body vested by virtue of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (the 1999 Constitution) with the authority to appoint, remove and discipline serving Judicial Officers, citing Section 158(1) combined with Paragraph 21(b) of the 3rd Schedule to the Constitution, in support of their decision. While Section 158(1) gives the NJC powers to appoint and exercise disciplinary control over Judicial Officers “without being subject to the direction or control of any other authority or person”, Paragraph 21(b) goes on to give the NJC powers to recommend to the President (or to Governors (Paragraph 21(d)), the removal of erring officers from office, and to exercise disciplinary control over them. Upon acceptance of the recommendation in respect of such erring Officers by the appropriate authority (for dismissal), it is only subsequent upon that, that the relevant law enforcement agency can swing into action, and prosecute. While many Lawyers have welcomed the decision, saying that it further entrenches the doctrines of Separation of Powers and the Independence of the Judiciary, preventing the Executive from using the Police and other agencies like the Economic and Financial Crimes Commission (EFCC) from harassing and intimidating the Judiciary from carrying out their duties without fear or favour, others believe that the decision is simply a ruse to protect Judicial Officers. They argue that not only is there no constitutional provision for a Judicial Officer going through the NJC disciplinary process as a condition precedent to criminal prosecution by law enforcement agencies, the decision bestows some sort of immunity from criminal prosecution on Judicial Officers; they ask what happens if the NJC absolves an alleged wrongdoer or the appropriate

authority refuses to act on the NJC’s recommendation and such a person is not relieved of his position as a Judicial Officer? The Court decision prevents Law Enforcement from proceeding against such a person, possibly until after retirement, thereby granting him/her immunity from prosecution as provided by Section 308 of the Constitution for the President, Vice President, Governors and Deputy Governors.. The Court of Appeal decision, refers to misconduct in the line of duty only. The decision excepts acts committed outside the scope of judicial functions. So for instance, if a Judge gets drunk and drives recklessly on the road, runs over a pedestrian killing him/her, he/ she will face criminal prosecution in the same way and manner as anyone else, because this is not in the course of discharging his/her judicial functions. It seems that it is only alleged misconduct, in the course of the discharge of judicial functions, like accepting bribes from litigants, that by virtue of this decision, must be reported to the NJC for action, before being thrown open to the relevant law enforcement agency, if need be. The Hijab Saga A hijab is “a veil traditionally worn by some Muslim women in the presence of adult males outside of their immediate family (or in public generally), which usually covers the head and chest”(the sides of the face, the ears). It is different from a burqa (burka) which is “an enveloping outer garment worn by women in some Islamic traditions to cover themselves in public, which covers the body and the face”. There’s also the niqab, which is “a head covering and scarf that conceals the face but leaves the eyes exposed”. Apparently, before entry into the Call to the Bar Ceremony, Muslim Sisters were politely requested to remove their hijabs from under their wigs. All except Ms X, acquiesced. Despite pleas from other colleagues, Ms X stood her ground and refused to remove the hijab. She was said to have been refused entry into the ceremony, and was not Called to the Bar that day. Of course, as Lawyers, we all know that the hijab does not form part of our traditional Barristers’ formal regalia. For me, religion is personal and should be left where it belongs, in the home, the Church, Mosque, Ifa Shrine or the place of worship of whatever one believes in. And if one decides to make the adorning of religious apparel a lifestyle, one must also conform to laid down rules, where they may be applicable. Where does it end? Today, it is a hijab. Tomorrow, it will be the

big ‘ileke’ coral beads of an Ifa faithful or the orangish robes of the Buddhist believer or the headscarf or veil of a Nun! They all do not form part of our Lawyers attire, and until such a time as the Barrister’s attire may be abolished, it remains our official attire. Must our regalia be altered to suit each person’s personal preferences? Because it would amount to discrimination against Ifa worshippers, to allow the Muslim sisters to wear the hijab, but not to allow the Ifa faithfuls to wear the big ‘ileke’ coral necklace on top of their bibs. Most countries do not permit the wearing of eyeglasses and hijabs or hats/ caps for the purposes of taking passport photographs to obtain passports or visas. Where exceptions are made for Muslim sisters to wear headscarves because of religious purposes, their faces must be visible from the hairline to the chin, and from the front of one ear to the front of the other. I see Muslim sisters all over the world wearing hijabs, niqabs and burqas, but to secure a passport or obtain an entry visa to some of the Western countries they travel to, they would have had to conform to these laid down rules. That said, Section 10 of the 1999 Constitution provides thus: “The Government of the Federation or of a State shall not adopt any religion as a State Religion”. This makes Nigeria a secular nation. However, when Section 10 is read with Section 38, the result is the right of all Nigerians, to the voluntary practice, worship and propagation of their various religions, establishment of religious schools and so on and so forth. The question is, can that right be extended to breaking laid down rules? It was alleged that Ms X said that even at gun point, she would not remove her hijab. If Ms X required a passport or a visa to the United Kingdom, would she insist on wearing the hijab to take the passport photo, in which case obviously her photo would not be acceptable for the passport or visa? Or would she just wear a headscarf which is permissible? Could a more discreet head scarf or headgear like a stocking/wig cap, nicely fitting beneath the wig, not have been worn for the auspicious occasion? My Learned Colleagues, I would like to hear your opinions on these two important issues. Was the Court of Appeal’s decision in order? Were the Nigerian Law School authorities right or wrong not to grant Ms X entry into the ceremony, which resulted in her not being called to the Bar? Was it a breach of her fundamental rights to freedom of expression and religion?

ONIKEPO BRAITHWAITE

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

"WHERE DOES IT END? TODAY, IT IS A HIJAB. TOMORROW, IT WILL BE THE BIG ‘ILEKE’ CORAL BEADS OF AN IFA FAITHFUL OR THE ORANGISH ROBES OF THE BUDDHIST BELIEVER OR THE HEADSCARF OR VEIL OF A NUN! THEY ALL DO NOT FORM PART OF OUR LAWYERS ATTIRE, AND UNTIL SUCH A TIME AS THE BARRISTER’S ATTIRE MAY BE ABOLISHED, IT REMAINS OUR OFFICIAL ATTIRE. MUST OUR REGALIA BE ALTERED TO SUIT EACH PERSON’S PERSONAL PREFERENCES?"

Or should Ms X just have worn a more suitable hair cover? APC and Unfulfilled Campaign Promises As the year draws to an end, one can only get pensive and take stock of the year. It has been an extremely difficult year for Nigerians, in almost every facet of our lives. I decided to go round asking different people in my office block how 2017 has been for them. The only good thing they all had to say, was to thank God for sparing their lives thus far! Aside from that, it was tales of woe. They all lamented that their purchasing power had greatly diminished, as for instance, the prices of food stuffs had increased astronomically, yet their salaries remained the same. It is our hope that in 2018, the APC will take some decisive steps to alleviate the suffering of the people and achieve some of its Campaign Promises Agenda. The APC promised that if it was elected into the Presidency in 2015, Nigerians could expect that “they will solve the problems of corruption, food, security, power, transportation, education, bring about devolution of power, ensure accelerated economic growth, as well as affordable health care. We are still waiting. My Esteemed Readers, I thank you very much for your readership and support. I wish you all a Merry Christmas and a Prosperous and Joy-filled 2018 (and beyond). Amen.

4/LAW REPORT

19.12.2017

Constitutionality of the EFCC Prosecuting a Serving Judicial Officer

B Facts

y a 14 Count Information dated 8th June, 2017, the Appellant was charged for offences ranging from unlawful enrichment by a Public Officer, to giving false information contrary to the Criminal Law of Lagos State, No. 11 of 2011 and Section 39(2)(a) of the EFCC (Establishment) Act, 2004. Upon being served with the Information, the Appellant promptly filed a Notice of Preliminary Objection. The Appellant challenged the jurisdiction of the trial Court to hear the case, on the ground that the condition precedent to the filing of the Information had not been complied with. Delivering its Ruling on the Preliminary Objection, the trial Court dismissed same, further to which the Appellant filed this appeal against the decision. Issue for Determination Two issues were distilled by the Appellant for determination. The Respondent on its part formulated a sole issue for determination. The Court observed that the second issue formulated by the Appellant can be subsumed under issue one, which encompassed the Respondent’s sole issue – Whether the lower Court can validly exercise criminal jurisdiction over a sitting Judicial Officer (the Appellant), whilst still occupying such office without first satisfying the condition precedent of subjecting such Judicial Officer to the disciplinary jurisdiction of the National Judicial Council, as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Arguments Proffering arguments on the issue, Counsel for the Appellant conceded that the Appellant, like any other Judicial Officer, is not immune from criminal prosecution. Counsel however, contended that the Appellant (and any other Judicial Officer), must be first subjected to the disciplinary jurisdiction of the National Judicial Council (NJC), before such Officer can be arraigned for criminal prosecution (if need be). He argued that due process must be adhered to, in order to maintain respect and sanctity of the Rule of Law. In aid of his submission, he relied on Section 158(1) and Paragraph 21(b) of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), in urging the Court to hold that recourse must be had first to the NJC to exercise disciplinary control over any allegation of misconduct against a Judicial Officer. Having not satisfied this condition before preferring the Charge against the Appellant, the Respondent did not validly invoke the jurisdiction of the trial Court. UAC v MACFOY (1961) 3 WLR 1405 at 1409; MADUKOLU v NKEMDILIM (1962) 1 ANLR 583. Counsel submitted further that, in exercising its Constitutional powers, the NJC shall be supreme as it is not subject to the direction of any other authority. He posited that, going by the constitutionally guaranteed provisions on Separation of Powers, the NJC is a creation of the Constitution and as such, its powers to discipline persons within its control cannot be interfered with by any authority, the Economic and Financial Crimes Commission (EFCC) and the Attorney-General of Lagos State inclusive. He relied on Sections 4 – 6, 153, 158, 160, 292, 318 and Paragraph 21(b) of the Third Schedule to the 1999 Constitution. Counsel contended that what was contemplated and provided for in the Constitution, is the removal of a Judicial Officer and not conviction, because mere conviction cannot remove the toga of such Officer. Hence, the need for the NJC to appropriately remove or suspend the Judicial Officer especially as the operative word “shall” in Paragraph 21(b) thereof, gives no room for discretion of the Court. For the Respondent, it was argued that, the doctrine of Judicial Immunity does not protect a serving Judicial Officer against criminal proceedings when he is reasonably suspected to have committed a criminal offence. Counsel submitted that, the Information preferred against the Appellant resulted from his extra-judicial acts in contravention of the law under which he was charged. CANDIDE-JOHNSON v EDIGIN (1990) LPELR-20108(CA). He argued that Section 158 of the 1999 Constitution relied on by the Appellant, neither grants him immunity from criminal prosecution nor create any condition precedent(s) for the prosecution of Judicial Officers. He argued that Paragraph 21(b) of the Third Schedule to the 1999 Constitution, was to empower the NJC to recommend removal of Judicial Officers to the President and to exercise disciplinary control over them. Thus, criminal prosecution and disciplinary proceedings of the NJC can go on simultaneously, and if there is any one that should be made to await the

determination of the other, it is the proceeding of the NJC. OKAFOR v MADUBUKO (2000) 1 NWLR (Pt. 641) 473; FRN v VIJAY LALWANI APPEAL (2013) LPELR-20376(CA).

In the Court of Appeal of Nigeria In the Lagos Judicial Division Holden at Lagos On Monday, the 11th Day of December, 2017 Before Their Lordships Mohammed Lawal Garba Yargata Byenchit Nimpar Abimbola Osarugue Obaseki-Adejumo Justices, Court of Appeal CA/L/969c/2017 Between Hon. Justice Hyeladzira Ajiya Nganjiwa .........Appellant And Federal Republic of Nigeria ......Respondent (Lead Judgement delivered by Hon. Abimbola Osarugue Obaseki-Adejumo, JCA)

"THERE CANNOT BE ANY NASCENT DEMOCRACY, IF JUDICIAL OFFICERS ARE PLACED IN A PRECARIOUS SITUATION, WHEREIN THEY ARE EXPOSED TO POTENTIAL INTIMIDATION, THREAT, HARASSMENT OR INCESSANT ARREST FOR ANY ALLEGED ACT OR CONDUCT CARRIED OUT IN DISCHARGING THEIR JUDICIAL FUNCTIONS OR AN ALLEGATION OF OFFICIAL MISCONDUCT, WITHOUT FOLLOWING DUE PROCESS/ PROCEDURE. THE DUE PROCESS HERE, INVOLVES MAKING A COMPLAINT TO THE NJC, ALLOWING IT TO ACT AND CARRY OUT ITS DUTIES PURSUANT TO ITS POWERS CONFERRED BY THE PROVISION OF THE 3RD SCHEDULE TO THE 1999 CONSTITUTION (AS AMENDED"

Court’s Judgement and Rationale Deciding the sole issue, Their Lordships held that the Criminal Laws of Lagos State and the EFCC Act, 2004 provide for the prosecution of any person suspected to have committed the offences levelled against the Appellant. However, being a serving Judicial Officer, the Appellant is under the disciplinary powers of the NJC as provided for in the Constitution. By the combined reading of Section 158(1) and Paragraph 21(b) of the Third Schedule to the 1999 Constitution, the NJC is the sole body with authority to recommend the appointment and removal of a Judicial Officer; the NJC also exercises disciplinary control over erring Officers. Whenever a breach of Judicial Oath occurs, it is misconduct and the NJC is the appropriate body to investigate such breaches by the Officer; if found culpable, the Officer shall be subjected to disciplinary actions such as recommendation to the President or Governor for removal from office in line with The Judicial Discipline Regulation of May, 2017. It is upon acceptance of this recommendation by the appropriate authority, that the relevant law enforcement agent or agency, can prosecute the Judicial Officer. Any attempt to by-pass the NJC, will be tantamount to failure to observe a condition precedent; a direct violation of the provisions of the Constitution and usurpation of the Constitutionally guaranteed powers of the NJC. ELELU-HABEEB & ANOR. v A-G FEDERATION & ORS (2012) 13 NWLR (Pt. 1318) 423; OPENE v NJC & ORS (2011) LPELR-4795(CA). The Court held further that, in the administration of justice, it is a necessity that due process must be adhered to. A salient condition for the exercise of jurisdiction of Court in a given case, is that the suit must have been commenced by due process of law and upon fulfilment of any condition precedent to assumption of jurisdiction. MADUKOLU v NKEMDILIM (supra). Thus, the power conferred on the NJC to discipline erring Judicial Officers and the procedure stated in the Constitution, must be adhered to first before any other action is taken in the matter. By the relevant provisions of the Constitution, no authority can interfere with or direct the exercise of the powers of the NJC without having shown that the NJC has concluded its investigation (as the sole body empowered to determine allegations of misconduct, inclusive of bribery and corruption, against its Officers). It is only when the NJC has given a verdict and handed such Officer (removing his toga of judicial powers) to the prosecuting authority, that he may be investigated and prosecuted by the appropriate security agencies. This is the purport of Section 158(1) of the Constitution. Interestingly, Section 158(1) and paragraph 21(b) of the Third Schedule to the 1999 Constitution, were not contained in the preceding Constitutions. This underscores the point that the intention of the framers of the Constitution is to confer supremacy over the affairs of the judiciary on the NJC, and this special position cannot be superseded even by the powers granted to the EFCC under the enabling Act or case law. The Constitution is the grundnorm; it supersedes any Act of the National Assembly. ADISA v OYINWOLA (2000) LPELR-186(SC). The EFCC being a creation of the National Assembly, is subject to the dictates of the Constitution – Section 1 of the 1999 Constitution. The EFCC, Department of State Security (DSS) or any other law enforcement agency, have powers over all persons, but when a Constitutional provision has set out what is to be done before the exercise of such power, it must be complied with, else the procedure will be a nullity. It is to be noted that, time does not run against the State in criminal matters; prosecution can be carried out at any time, but with recourse to due process. Given the fact that the defined condition precedent for filing a Charge against the Appellant was not fulfilled, it follows that the trial Court lacked the requisite jurisdiction to try the case. All the proceedings embarked on by the Court amount to nullity. Appeal Allowed; Charge No. LD/4768C/2017 was Struck Out. Representation: Robert Clarke, SAN with O. Oladele, I.S. Matesun and Omoniyi Onabule for the Appellant. Rotimi Oyedepo with I.A. Mohammed for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

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Professor Ojukwu Suggests How to Sustain Legal Profession in Nigeria

PROF OYEBODE'S 70TH BIRTHDAY L-R: Former Governor of Ekiti State, Otunba Niyi Adebayo, Governor of State of Osun, Ogbeni Rauf Aregbesola, celebrant, Professor Akin Oyebode and his wife, Dr. (Mrs.) Bose Oyebode, during the 70th birthday celebration of Professor Oyebode at Victoria Island, Lagos.

Court Faults NHIS Boss’s Sack, Says It’s Unlawful Stories by Akinwale Akintunde The National Industrial Court, sitting in Abuja, has faulted the sack of Dr. Martins Olufemi Thomas, as the Executive Secretary of the National Health Insurance Scheme (NHIS). In a judgement delivered last Friday by the President of the Court, Hon. Justice Babatunde Adejumo, the Court held that the employment of Dr. Thomas with the NHIS enjoys statutory flavour and his removal by the President through a broadcast by his media adviser before the end of his five year term and without giving him any hearing at all, was illegal and arbitrary. The NHIS Executive Secretary, who was appointed

on November 20, 2013 was relieved of his appointment by President Goodluck Jonathan on April 27, 2015, through a media broadcast by Reuben Abati, Special Adviser to the President (Media & Publicity). Dr. Martins however challenged his sack by dragging the Attorney-General of the Federation and the National Health Insurance Scheme (NHIS) to court, asking the Court to determine that having regard to the clear provisions of Section 8(2)(c) of the National Health Insurance Scheme Act, CAP N42 Laws of the Federation 2004 vis-avis his letter of appointment dated November 20, 2013, whether his term of employment as the Executive Secretary of NHIS is fixed for a term of five years. The Plaintiff through an

originating summons filed by his lawyer, Mr. Bode Olanipekun, also asked the Court to determine whether his purported sack as the Executive Secretary of NHIS vide a press briefing/statement or television broadcast on April 27, 2015 without any hearing from him, does not violate his right to fair hearing under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The NHIS boss therefore prayed the Court, to declare that his appointment on November 20, 2013 as the Executive Secretary of NHIS pursuant to Section 8(1) and (2) of the NHIS Act, is an employment with statutory flavour and is fixed for a term of five years.

He also asked the Court to declare that his appointment as NHIS Executive Secretary, cannot be terminated without first affording him fair hearing or an opportunity to be heard. Furthermore, the Plaintiff prayed the Court to declare that the purported termination of his appointment as the Executive Secretary of NHIS, is irregular, unlawful, illegal, unconstitutional, null and void and of no legal effect whatsoever. Dr. Thomas also prayed the Court to set aside his purported removal and reinstate him as the Executive Secretary of NHIS to complete the remainder of his five years term, out of which he had only spent one year, four

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Embrace Mediation as Means of Settling Conflicts, Nigerians Urged A Lagos High Court Judge, Justice Atinuke Oluyemi, has urged Nigerians to embrace mediation as an alternative means of settling conflicts, as against running to court. Justice Oluyemi gave this advice last week, at a conference on mediation advocacy organised by the Standing Conference of Mediation Advocates (SCMA) in conjunction with Lagos Practitioners and Mediation Advocates (FOTEFA Partners). The theme of the Conference which was held at Lagos High Court, Igbosere, was “Business and Practice of Mediation Advocacy”. The Judge said mediation is an alternative dispute resolution mechanism, which should be readily embraced as an alternative to litigation. “Mediation should be embraced as a means of conflict resolution, as against running to court. "Mediation is a win-win thing. Rather than going to court and

prolonging issues for months and years, these issues can rather be sorted out in a round table, where issues are amicably sorted out in a few hours or at most, few days. It saves time and most essentially reduces cost implications”, she said. Mr. Yemi Akinsanya, in his speech, said mediators have no power to decide the dispute, but have wide powers to control the process of the bargaining. “The mediator’s greatest single power, lies in him being neutral and unbiased, which is something that should be so often used. “More to this, there are several critical issues in mediation advocacy which vary from, building or creating an ADR, to billing one’s clients, down to ethical issues in mediation, among others”, he explained. Akinsanya also revealed that, building an ADR practice or culture would drive successful settlement on both ends, create a sense of achievement on

the part of the mediator, and inadvertently, lead to more business. He added that, mediation would end disputes in less time, with less money, under satisfactory terms. “All the more reason why mediation advocacy should be embraced, taught and practiced”, he noted. For Mr. Ayodele Akintunde, SAN, mediation advocacy is the technique of presenting and arguing a client’s position, needs and interests in a non-adversarial way. According to him “in this context, we are talking about combining mediation advocacy with other ADR mechanisms and other areas of practice of the law firm, to increase the revenues. “More so, mediation advocacy does not operate in a vacuum; before one can talk of the viability of integrating mediation advocacy as a profit centre in

a law firm structure, the law firm must be well structured and must, develop an internal structure, develop policies and an ADR culture, get suitable Lawyers in the firm, invest in trainings among others”, he added. During the panel discussion, which consisted of Justice Atinuke Oluyemi, High Court, Lagos division, Valentiono Buoro, SCMA (UK) Convener SCMA, Nigeria, Adeyemi Akinsanya SCAMS, CEDR Accredited Mediators (UK), the discussants noted that employing one or more forms of ADR as a means of dispute resolution, is essential, because, often times, clients want a resolution, not war. They added that legal needs are changing dramatically; inhouse counsels are looking for cost effective alternative ways of resolving their disputes, and also smaller bills, not larger ones.

A Law Professor and Senior Advocate of Nigeria, Ernest Ojukwu, has urged Nigerian Lawyers both juniors and seniors, to ensure that they are always participating fully in anything that affects the legal profession and the country as a whole. Ojukwu said full participation when the need arises, in anything that affects the legal profession and the country in general, is key to sustaining the legal profession in Nigeria. He gave the suggestion last Thursday, at the 6th Annual Summit of the Young Lawyers' Forum of the Nigerian Bar Association (NBA), Ikeja Branch. The theme of the Summit which was chaired by the NBA 2nd Vice President and former Chairman of the Branch, Mr. Monday Ubani, was ‘Sustainability of the Legal Profession: The Challenges and Prospects’. In his Keynote Speech on "Breaking the Cycle of Corruption in the Judiciary: Securing the Future of Law Practice" at the Summit, Prof. Ojukwu suggested that apart from participation, access to justice, input on constitutional amendment, respect for the rule of law, education, transparency in appointment of judicial officers, inclusion of young Lawyers in Bar policy, are also key factors to sustaining the legal profession. According to the Senior Advocate, the two main issues facing the legal profession, are corruption and access to justice. He lamented the snail speed of Nigeria's court system, saying that it is making many Nigerians resort to alternatives such as jungle justice, which is not good for the legal profession. He also decried the lackadaisical attitude of Lawyers to the issue of snail speed trial process, adding that Lawyers themselves are not seeing it as a problem which needs urgent attention, in order to sustain the legal profession. On transparency on the appointment of judicial officers, Ojukwu noted that there are so many people on the Bench that ought not to be there, and that as long as appointment to the Bench lacks transparency, the legal profession may not be adequately sustained. "The snail speed trial process in the profession, is not urgent to Lawyers. Openness and transparency,

are key to sustainability, and as long as we don't have it, it will be difficult to sustain the profession. "There so many people on the Bench that ought not to be there, and as long they are and there is no transparency in the appointment of judicial officers, we may not be able to sustain our noble profession. "On the issue of the rule of law, I will say that we just mouth the rule of law from the Bar. "Let’s also add that without the young Lawyers, every other thing about sustainability of the legal profession will fail. They need to be carried along and participate fully. The legal profession is playing without no goal, especially for young lawyers", Ojukwu pointed out. Justice Aisha Opesanwo, who represented the Lagos State Chief Judge, Hon. Justice Opeyemi Oke, also noted that it is important for the Bar and Bench to continue to work together if the legal profession must be sustained. Opesanwo said the vision of the Chief Judge for a new Judiciary and a vibrant Bar, which she also shares, will also help to sustain the legal profession. The Judge said that corruption has engulfed virtually everything, adding that as there are issues with the Bar, there are also issues with the Bench. For Mr. Adesina Ogunlana, Chairman, NBA Ikeja Branch, a lot will depend on Lawyers themselves, to sustain the legal profession. Earlier, Chairman, NBA Ikeja Young Lawyers' Forum, Mr. Charles Ajiboye, explained the focus of the Summit and its importance on the future of the legal practice. The well-attended Summit, also had in attendance as discussants, President, Women Arise for Change Initiative, Dr. Joe Okei-Odumakin, Dede Mabiaku (Artiste/Fela Protege) and Mr. Yinka Oguntimehin, representing Aare Ona Kakanfo, Otunba Gani Adams. The disccusants all agreed that, corruption is not only associated with the Judiciary, but the county as a whole. They called for reduction in the cost of litigation, welfare for young Lawyers, access to justice, continued legal aid for the Bar, and respect for the common man.

Hyundai Faces N165m Suit Over Alleged Sale of Defective Automobile Two Nigerian companies, Media Seal Limited (formerly Starcom Media Services Limited) and Bytesize Limited, as well as Mr. Ayo Oluwatosin, have dragged Hyundai Motors Nigeria Limited before a Lagos High Court sitting in Ikeja, over the alleged sale of a defective automobile to them. In Suit No: ID/ADR/629/2017, the Claimants are praying the court, for an order compelling Hyundai Motors to pay them a total of One Hundred and Sixty-Five Million, Five Hundred and Ninety-Five Naira only, as refund of the purchase sum,

breach of contract, as well as general damages. The Claimants are also seeking a number of reliefs, including a declaration that an Hyundai Grand Santa Fe GLS 3.3L AT Arabian Mocha/ Black with Chassis number: KMHSN81EDFU097184 and Engine No: G6DFEA34538 sold to the Claimants by Hyundai Motors, is not fit for the purpose for which it was bought. They are also praying the court, for an order that Hyundai Motors refunds the sum of

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Be More Responsive in Resolving Consumer Complaints, CPC Counsels Businesses The Director General of the Consumer Protection Council (CPC), Babatunde Irukera, has insisted that businesses in the country, must be responsive to consumer grievances and must institutionalise and prioritise complaint resolution policies and mechanisms, stressing that this is the hallmark of company and brand reputation. Irukera noted that the current regime was unsustainable, as it is tantamount to government subsidising business, stating that the CPC should not substitute company customer care as a multi-company customer service desk. Specifically, he opined that businesses have factored the cost of complaint resolution into their profitability, and as such, should not outsource it to the government, while underscoring the important role of the CPC in ensuring resolution that is fair and equitable. The Director General made the assertion, while at a more collaborative relationship with the Civil Society, Consumer Protection Associations (CPAs), Non-Governmental Organisations (NGOs) and Community-Based Organisations (CBOs), at a round-table session organised by the Council in Abuja. He argued that, “companies have both commercial and social contracts with consumers. To companies, they are customers, not

consumers”. On the motive behind the round table forum, Irukera asserted that the Council seeks an effective partnership with civil society, for robust protection of consumers across our vast country. According to him, “any credible and people-oriented leadership, will embrace civil society and as such for me, an engagement with those in civil society is paramount”. As part of the new engagement, the Director General disclosed that, the Council was implementing a more stringent registration process for CSOs, NGOs, CBOs and CPAs, explaining that the additional scrutiny is to ensure the integrity and credibility of both the Council and its partners. Irukera, while fielding questions from Reporters after addressing the session, said “the most important thing to achieve from here, is to first of all, let civil society generally know that we believe that the shared burden of consumer protection is something that we must continue to emphasise and highlight, and to also create a network where we are exchanging ideas and direction”. Also speaking at the event, the representative of the United Nations Industrial Development Organisation (UNIDO), Professor Abimbola Uzomah, observed that the work

L-R: President, Consumer Advocacy Foundation Of Nigeria (CAFON), Mrs. Sola Salako-Ajulo, Director General, Consumer Protection Council (CPC), Mr. Babatunde Irukera, President, Life International Foundation Incorporated, Dr. Olu Usim-Wilson and National President, National Association of Telecom Subscribers, Professor Abimbola Uzomah

of consumer protection should not be left to the Council alone, emphasising that, it was the responsibility of every Nigerian consumer to entrench a virile consumer protection in Nigeria. Uzomah, who said market-place abuse has

become so prevalent in Nigeria because of consumer apathy, commended the Council for organising the strategic engagement with NGOs, CBOs and other relevant stakeholders, with the aim of extending consumer education to the grassroots.

COURT FAULTS NHIS BOSS’S SACK, SAYS IT’S UNLAWFULL CONTINUED FROM PAGE 5 months and seven days. He also prayed the Court to, in the alternative, give an order mandating the Defendants to compute and pay him the totality of all his salaries, benefits, emoluments and entitlements, for the unused part of his term of office. He also asked the Court, to restrain the Defendants, either by themselves, officers, agents, servants or through any person or persons acting on their behalf, from treating or continuing to treat him as a removed Executive Secretary of NHIS. The Plaintiff also asked for the sum of N5 billion, for exemplary damages. The Defendants filed a counter- affidavit of 8 paragraphs deposed to by Abubakar Sadik Adam and a written address dated January 1, 2016, in opposition to the originating

summons. The Defendants formulated three issues for determination, which were that the appointment/employment of the Plaintiff, is not one which enjoys statutory flavour but a mere appointment at the pleasure of the President of the Federal Republic of Nigeria. In advancing its cause, the 2nd Defendants placed heavy reliance on the cases of Fakuade v OAUTH (1993). The Defendants also told the Court that, the President in terminating the appointment of the Plaintiff in the manner it was done, had only exercised a discretion allowed them in the law. The Defendants also raised the issue of jurisdiction. But giving his judgment last Friday, Justice

Adejumo dismissed the objection to the Court’s jurisdiction filed by the 2nd Defendant, and upheld the arguments of Plaintiff‘s counsel, Mr. Bode Olanipekun, urging the Court to affirm jurisdiction. The Judge held that, though it had the power to reinstate the Plaintiff, it would not do so, and therefore, refused the prayer for reinstatement but ordered that the Plaintiff be paid all his salaries, benefits, entitlements and emoluments for the unused part of his five years term. The Court also awarded post judgement interest at the rate of 15% until settlement of the judgement sum, and refused the prayer for exemplary/punitive damages, even though it held that the Plaintiff’s removal was outrightly illegal and unjustifiable in a country subject

to the rule of law. In his comments in open court after the judgement, Justice Adejumo stated that as President of the National Industrial Court, he decided to hear the case himself, because of the high profile nature of the case and the public interest in it, and also to boldly take responsibility for any reaction the decision might attract. Reacting to the court’s judgement, Mr. Bode Olanipeku, said “It’s a characteristically bold decision of the Court, in absolute alignment with the rule of law and in defence and protection of the Nigerian citizenry against executive arbitrariness. The decision is a warm reassurance of the assertive position of the judiciary as the upholder of the rule of law, to deflate the rule of might”.

Legal Personality of the Week Olagunju-Ibrahim, Rilwan Olawale

‘Lawyers Must Be Prepared to Devote Time, Attention and Resources to Practice’ I am Olagunju- Ibrahim, Rilwan Olawale, LL.B., BL., LL.M, Ph.D., Lecturer 1 Dept. of Islamic Law, Faculty of Law, University of Ilorin. I am a Crown Prince from the famous Oduniyi-Olagunju Royal Family of Ede, Osun State. My pursuit for education has followed the path of hybrid from the scratch, as I have had to combine acquisition of western education, with that of Arabic and Islamic knowledge. On how this has been possible, my forefather and patriarch, Late Oba Habibu Lagunju of Ede, lived up to his early adulthood in search of Arabic and Islamic knowledge acquisition, from all nooks and crannies. He achieved his aim bountifully, and was already a man of repute and a beaming light in the field of Arabic and Islamic excellence, before he became the Timi of Ede around 1854/55 or so. He placed an enduring instruction, that continuous pursuit of this brand of knowledge must never be found wanting within his lineage, even after his transition. With the direction of my late guardian, eye opener and full brother, Dr. H.I. Olagunju, I followed this long standing instruction, and started my learning career in the field of Arabic and Islamic Education, an exercise that I was carrying on simultaneously with the western education, till I achieved distinction in the two, with the special grace of God, The Almighty. I read Combined Law at Bayero University, Kano and I graduated therefrom in 1998 as the Best Graduating Student of the year. My LL.M programme took place at the Obafemi Awolowo University, and my thesis title for the programme was “Legal Problems of Resource

Olagunju-Ibrahim, Rilwan Olawale

Control”. I completed my Ph.D. programme at University of Ilorin, this year (2017). Upon my professional call in 2000, my work experience commenced with active legal practice under Chief Olatunji Arosanyin in his Ilorin Destiny Chambers. For my passion for law lecturing at institutions of higher learning and for augmentation of resources, I combined legal practice with a part time (and later, permanent) job from 2005 as Lecturer of Law courses in the Legal Unit of the General Studies Department of the Federal Polytechnic Ede, Osun State. I left the job in 2008, for a similar federal appointment at the Faculty of

Law of the University of Ilorin, where I started as Assistant Lecturer and later rose to Lecturer II. I am now Lecturer I. I have co-written a number of scholarly articles published in reputable journals (local, national and international). I am happily married with children. I communicate and understand my dialect (Yoruba), Arabic, English, Hausa and bits of Nupe and Fulfude languages. This is to the glory of God Almighty. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Yes, I have had some challenges. The major one out of these, was when I laboured so much after my year of call in 2000 to secure appointment in any of the legal departments of high ranking establishments such as; the N.N.P.C, N.P.A, C.B.N. and NDIC to mention just a few. All my efforts proved abortive, and I consequently, settled down for legal practice which I did fully till I started law teaching. My experience on getting white-collar job in Nigeria is that of a story tale. You need to be more than well connected to the top, before you can be offered an opportunity to work in the likes of the above-mentioned establishments. What was your worst day as a Lawyer? My worst day as a Lawyer, was when I lost a case at the Kwara State High Court on a land matter, for which I was most prepared, to a senior colleague on cheap technical grounds. What was your most memorable experience

as a Lawyer? My most memorable experience as a Lawyer, was my first appearance as a junior counsel at the Supreme Court, when my principal, Chief Olatunji Arosanyin announced my appearance. Who has been most influential in your life? I have been mostly influenced in my life by my elder brother, upbringer, Late Dr. Hamid Ibrahim Olagunju. Why did you become a Lawyer? I became lawyer, because all along, I have had a burning penchant for the profession. What would be your advice to anyone wanting a career in Law? My advice for anyone wanting a career in Law, is that of encouragement and preparedness to devote their time, attention and resources not just to the course during the learning period, but also in practice. If you had not become a Lawyer, what career would you have chosen? I would have chosen English Language and Literature, if I had not read Law. Where do you see yourself in ten years? In ten years time, I see myself as a seasoned Professor of Law with a number of authored books on Law and related areas to my credit. I also see myself rendering useful national services on Law related concerns to my dear country, Nigeria.

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Are Serving Judges Immune From Criminal Prosecution?

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r investigation by law enforcement agencies? This is the poser agitating the minds of not a few Nigerians, in the wake of the decision of the Court of Appeal last week, in which the court held that the Economic and Financial Crimes Commission lacked the power to investigate and prosecute Hon. Justice Hyeladzira Nganjiwa of the Federal High Court for alleged corrupt enrichment and giving false information to the Commission, contrary to the Criminal Code of Lagos State and the EFCC Act, respectively. The Court held that, until the National Judicial Council relieves a judicial officer of his or her duties by either retirement or dismissal, it would infringe the doctrine of separation of powers under the Constitution for the EFCC, an arm of the Executive, to pursue any complaint against a serving judge. The only exception, according to the court are offences committed outside the scope of the official duties of such judges. The implication of this is that serving judges are now at par with the President/Vice President, State Governors and their Deputies in enjoying immunity from criminal prosecution for alleged misconduct. However, this ruling goes farther, because, as we shall soon see, even the President et al as aforesaid, only enjoy immunity from prosecution, not investigation. We shall begin our analysis by reviewing relevant statutory and constitutional provisions. But, first, was the Court correct to anchor its decision on the purported primacy of the powers of the National Judicial Council to discipline judicial powers, over those of any other prosecutorial authority, in this case, the EFCC? What, precisely, is the remit of that body? The National Judicial Council Section 153(1)(i) and Paragraph 21(a-d) of Part 1 of the Third Schedule to the 1999 Constitution establish the NJC and empower it, inter alia, to recommend to the President/State Governors, the appointment and removal from office of judicial officers of specified Federal and State courts such as the Supreme Court, Court of Appeal, Federal High Court, National Industrial Court, State High Courts, High Courts of the FCT, Customary Courts of Appeal and Sharia Courts of Appeal. They also empower the Council to exercise disciplinary control over such officers. What about the Economic & Financial Crimes Commission? This body was set up by the Economic and Financial Crimes Commission (Establishment, etc.)Act, 2004. Section 6 of the Act provides that the Commission shall be responsible, inter alia, for the investigation of all financial crimes. In addition, Section 7 of the Act empowers the Commission to:(a) “Cause investigations to be conducted as to whether any person, corporate body or organisation has committed an offence under the Act or other law relating to economic and financial crimes;” (b) “Cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.” Apart from these two agencies, however, other institutions of State also possess the authority to intervene in allegations of malfeasance against public officers, including serving judges. Such institutions

(1981) 2 NCLR 680 @ 684 Misconduct by a public officer (read: serving judicial officer) attracts such sanctions as disqualification from holding public for 10 years, vacation of office and, crucially, other criminal penalties where the conduct also constitutes a criminal offence. Such misconduct includes, accepting property or benefits of any kind for himself or any other person, on account of anything done or omitted to be done by him in discharge of his duties – see Paragraph 6 of Part 1 of the Fifth Schedule to the Constitution. This is the main charge against Justice Nganjiwa The Corrupt Practices and Other Related Offences Act 2003 Section 10 of the Act, inter alia, empowers the ICPC to investigate any person suspected of committing, attempting to commit or conspiring to commit any offence against the Act or any other law prohibiting corruption, and in appropriate cases, recommend them to the Attorney- General of the Federation or of the States, for prosecution. This evidently includes serving Judges. In ATT-GEN. OF ONDO STATE v ATT-GEN. OF THE FED (2002) 9 NWLR pt. 772 pg. 222, the Supreme Court upheld the validity of similar provisions in the precursor to the Act, the Corrupt Practices and Other Related Offences Act 2000 Finally, Sections 174 and 211 of the 1999 Constitution empower the Attorneys-General of the Federation and of the States, respectively, to institute criminal prosecutions against any one. See STATE v ILORI (1983) 14 NSCC 69 @ 75 Justice Hyeladzira Nganjiwa

"SUFFICE IT TO SAY THAT, TO THE EXTENT THAT THE COURT’S DECISION WAS RENDERED IN APPARENT INADVERTENCE OF RELEVANT CONSTITUTIONAL PROVISIONS, IT IS A JUDICIAL FAUX PAS; IN LEGAL PARLANCE, IT IS SAID TO HAVE BEEN GIVEN PER INCURIAM" include the Code of Conduct Bureau and Tribunal, and the Corrupt Practices and other Related Offences Commission. I believe that the learned Justices of Appeal, overlooked relevant statutory and constitutional provisions which empower these institutions not only to investigate, but also to prosecute any person – including serving judicial officers – for offences allegedly committed against such laws, either in the course of their official duties or otherwise. Those provisions will be discussed anon. The Code of Conduct Bureau and Tribunal Section 153(1)(a), Paragraphs 1-3 of Part 1 of the Third Schedule and the Fifth Schedule to the Constitution establish and empower the Code of Conduct Bureau and Tribunal to ensure compliance with the Code of Conduct for public officers contained in the Constitution. This includes serving judges. “Every public officer must observe the Code of Conduct for Public Officers specified in the Constitution. Any complaint of non-compliance or breach of any provision of the Code, must be made to the Code of Conduct Bureau, whose duty it is to refer such complaint to the Code of Conduct Tribunal”: OGBUAGU v OGBUAGU

HYUNDAI FACES N165M SUIT OVER ALLEGED SALE OF DEFECTIVE AUTOMOBILE CONTINUED FROM PAGE 5 Fifteen Million Five Hundred and Ninety-Five Thousand Naira (N15, 595, 000. 00), being the amount paid for the said car. The Claimants are also praying for an order that they be paid Fifty Million Naira (50,000,000.00), for breach of contract, and another One Hundred Million Naira (100,000,000.00), as general damages. The Claimants also want the court to compel the Defendant to pay 15% interest to them, from the day the suit was filed till judgement is given, as well as another 25% interest to them, from the day judgement is given till the judgement sum is liquidated. In their statement of claim dated November 19, 2017 and signed by their counsel, Wale Ogunade, the Claimants averred that they purchased four (4) units of vehicles from Hyundai on June 1, 2016, as well as the car in question on October 5, 2016. The Claimants further averred that the said cars were delivered to them on June 2, and October 6, 2016, respectively. They further stated that when the Grand Santa Fe GLS 3.3L was put to use between the 21st October and 26, 2016, it was discovered that the said vehicle had a brake problem, a development that was promptly brought to the attention of Hyundai Motors.

The Claimants further averred that, they received an internal correspondence from the automobile company through electronic mail on October 26, 27 and 28, wherein Hyundai Motors reportedly urged some of its staff members, that the repairs of the said vehicle be hastened to avoid suspicion by the Claimants. While pointing out that the parties reached an agreement on March 23, 2017, following the intervention of Lagos Multi-Door Courthouse, the Claimants averred that it has come to their notice that Hyundai Motors has been in the news for defects in some of its vehicles, of which some have been recalled by the Hyundai Motors Parent Company. In the written statement/deposition on oath of Mr. Oluwatosin, he stated that at a meeting held at Bonojo Badejo & Co office, Hyundai Motors demanded a fresh Four Million Naira (4,000,000.00), for the replacement of the alleged defective car. Hyundai Motors, however denied culpability in the transaction, having according to it, conducted extensive pre-delivery on every component part of the vehicle, and that all were found to be in perfect condition before handing the said vehicle over to the customers.

Does the Verdict Confer an Immunity of Sorts on Judges? That is the real question. To all intents and purposes, the opinion of the Court of Appeal that the EFFC can neither investigate nor prosecute serving Judges, is nothing short of conferring judicial immunity on them. If this view is correct, it would be a judicial revolution of sorts, given that the Constitution, in Section308, only confers that status on the President/his Vice, State Governors and their Deputies. The question is, whether that opinion is correct. Can the Court of Appeal or any other institution whatsoever, unilaterally confer a status on anyone which will have the effect of either contradicting or adding to the provisions of the Constitution? The same Court has categorically denied that it can. See BALARABE MUSA v INEC (2003). I believe that to the extent that serving Judges are excluded from the ambit of Section 308 of the Constitution, the maxim expression unius est exclusio alterius applies. This means that, the express mention of one thing in a statute or the Constitution, implies the exclusion of others which otherwise would have been included. This view is reinforced by the fact that even the immunity enjoyed by the President/Vice President, Governors and their Deputies under Section 308 of the Constitution is not absolute, as it is restricted to only prosecution – it does not extend to investigation by law enforcement agencies such as the EFCC. See FAWEHINMI v I.G.P. (2002) 7 NWLR pt. 767 pg. 606 @ 682, where the court held that “to hold otherwise would be a disservice to society”. Conclusion The judgment of the Court of Appeal, is rather difficult to defend. This is because, its expressed basis – the separation of powers – along with the superiority of the Constitution over the EFCC Act or any other law, overlooks the aforesaid relevant constitutional provisions. The Court seemed to have assumed that, to the extent that the powers of the National Judicial Council to exercise disciplinary control over Judges are conferred by the Constitution, they automatically prevail over those of the EFCC as aforesaid. This assumption is flawed, because it failed to take into account the provisions of the Constitution which empower Attorneys-General as aforesaid, to institute criminal proceedings, as well as those relating to the Code of Conduct Bureau and Tribunal as aforesaid, whose remit is similarly constitutional. In ISHOLA v AJIBOYE (1994) 6 NWLR pt. 352 pg. 506 @ 558, the Supreme Court held that “Constitutional provisions dealing with the same subject-matter are to be construed together”. It is a curious anomaly for serving Judges, to be held to enjoy a privilege which is not conferred on them by any express provision of the Constitution, but merely on the basis of presumed separation of powers. This has led a few “unlearned” observers to conclude, erroneously, that the decision of the learned Justices of Appeal, was motivated by self- interest. That is taking it too far, and it is unfortunate. Suffice it to say that, to the extent that the Court’s decision was rendered in apparent inadvertence of relevant constitutional provisions, it is a judicial faux pas; in legal parlance, it is said to have been given per incuriam. Accordingly, the expectation is that the decision will be closely scrutinised by the Supreme Court when, as seems likely, that Court is presented with the opportunity to review it.

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Events of 2017 For the year 2017 just ending, it was a potpourri of legal issues and THISDAY LAWYER in its usual meticulous manner, engaged all the issues as they arose. 2017 was undeniably an eventful year. The nation got a new Chief Justice, after quite a long wait. Agitations for true Federalism and Restructuring heightened. There were legal issues over the non-confirmation of Ibrahim Magu as the substantive Head of EFCC by the Senate, the President’s health, the proscription of IPOB, Slave Trade in Libya and many other issues, and we examined them in cover writeups and interviews over the course of the year. Find here, a synopsis of what made the covers of THISDAY LAWYER in 2017.

W

e opened the year with our first edition of JANUARY 3, with ‘2017: Administration of Justice Reform, Policy Options for Buhari Government’ The edition examined the overall objective of justice sector reform, and how to build a justice system which is affordable, efficient, independent, transparent, professional and accountable to Nigerians. Olawale Fapohunda and Onikepo Braithwaite, reviewed the current state of key institutions in the justice system and suggested various legislative and administrative interventions available for the consideration of the Buhari administration. On JANUARY 10, 2017 it was ‘Nigeria: A Case for True Federalism’ Senior Advocate of Nigeria, Dele Adeshina, did an in-depth analysis of Federalism in Nigeria, examining and comparing aspects of past Nigerian Constitutions from 1951 up to 1999, pointing out the short comings of the 1999 Constitution with regard to Federalism, and concluding with the elements required for true Federalism in Nigeria. JANUARY 17, 2017 was on ‘Corporate Governance for Churches: A Miscarriage of Regulation’ In the face of the Financial Reporting Council (FRC)'s Corporate Governance Code applicable to socalled not-for- profit organisations, which led to the General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, stepping down as head of the Church in Nigeria, and the subsequent sacking of the Executive Secretary of the FRC by President Muhammadu Buhari, Sam Amadi examined

several issues relating to the incident, including the principles of administrative rule making and the constitutional legality of the Code. The national malaise of kidnapping was the main issue of our JANUARY 24, 2017 issue in an interview with the Lagos State Attorney-General and Commissioner for Justice. ‘Lagos: Kidnapping Will Soon Be a Thing of the Past’ Unarguably, Lagos State has been a pacesetter in many fields, including commerce, public health, transport, environment, and especially, the Judiciary. The State has pioneered many ambitious initiatives in the justice sector, which many other States have replicated. The State recently took an unprecedented step in establishing a Forensic Laboratory, to tackle the challenges of criminal investigation. The laboratory will bring precision to criminal investigation and aid prosecution with smoothness, predictability, reliability and ease. Mr. Adeniji Kazeem, the foresighted Lagos State Attorney-General and Commissioner for Justice, told Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi in an interview last Friday, that the State had convened a ‘STAKEHOLDERS’ SUMMIT ON ADMINISTRATION OF JUSTICE TITLED: “CONTEMPORARY TRENDS: CATALYSTS FOR JUSTICE SECTOR REFORM IN LAGOS STATE” on January 30th - 31st, to address issues in justice administration. Inadequate power supply, has been one of Nigeria’s major hindrances to economic development for decades. JANUARY 31, 2017 ‘DisCos Can Only Distribute Available Power’ It has been said that, the power sector in Nigeria holds the key to the nation’s economic growth. Every successive administration has had to face the huge challenges of providing adequate electricity for the nation, with little or no success.

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COVER/9 When the sector was eventually unbundled and privatised, most Nigerians heaved a sigh of relief. But a few years later, most Nigerian homes still run on alternative power sources, including candles. Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi sought out Mr. George Etomi, one of the core investors in Eko Distribution Company, who spoke extensively on measures that can be taken in the power sector, to ensure a steady supply of power to Nigerians. He also shared his views on other issues, including some relating to the legal profession. Our first Crossfire for the year came on FEB. 7, 2017 on a bumper issue, between former NBA President Chief Wole Olanipkun, SAN and erudite Law Professor Itse Sagay, SAN on Nigeria’s seeming interminable wait for a Chief Justice. CROSSFIRE ‘Nigeria’s Long and Tortuous Wait for a CJN’ As the nation awaits a substantive Chief Justice, former NBA President, Chief Wole Olanipekun, SAN crosses swords with the Chairman, Presidential Committee on Anti-Corruption, Prof Itse Sagay, SAN on whether or not President Mohammadu Buhari ought to transmit the name of the Acting Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkannu Onnoghen to the Senate for confirmation. Patrick Ikwueto, SAN, Jibrin Okutepa, SAN and Emmanuel Majebi also give their opinions on the issue. Confirm Onnoghen as CJN, He is the Most Senior - Olanipekun No, CJN Appointee Need not be the Most Senior Justice - Sagay Can the President Refuse to Appoint Onnoghen, JSC as CJN? - Ikwueto A Constitutional Breach by the Executive - Okutepa Appointment of CJN: Recommendations and their Bindingness - Majebi Another Crossfire was on the death penalty for kidnappers, in the FEB. 14, 2017 edition. ‘Will the Death Penalty Deter Kidnappers?’ Kidnapping, has become a major national problem. In response, the Lagos State Governor, Mr. Akinwunmi Ambode, signed into law the Anti-Kidnapping Bill, which not only imposes life imprisonment for kidnappers, but the death penalty, in the case where a victim dies in the course of the kidnap. Governor Ambode said that it had become necessary with the alarming increase in the rate of kidnapping, to take this decisive step, to serve as a deterrent to perpetrators of this heinous crime. The Governor assured Lagosians, that any criminal apprehended for committing the crime of kidnapping, would be prosecuted to the fullest extent of the law. It is arguable that being an inmate serving life imprisonment in a Nigerian prison, amounts to "a fate worse than death", with the deplorable conditions in the prisons. Those that are against the death penalty being imposed for any crime, have however, denounced the new law. While the Attorney-General of Lagos State has given the reasons for the new Anti-Kidnapping Law, Olawale Fapohunda believes that Government should eschew legislating the death penalty for the sake of it, and focus on a comprehensive review of the criminal justice system in the State. Chino Obiagwu, who is also against the death penalty, says that Government should focus more on the apprehension and punishment of criminals, because the fear of being caught and punished, would serve as a better deterrent, and not the death penalty. Death for Kidnappers, Ambode Got It Wrong - Olawale Death Penalty is the Most Unfair form of Punishment in Human History -

Chino Obiagwu On FEB. 21, 2017 we looked at ‘Why States Must Seek to Enforce Violence Against Persons (Prohibition) Act 2015’ Nigerians woke up to the real life horror story of Christopher Sule, a 43 year old "Evangelist", who decided not to 'spare the rod', but instead, inflicted so much physical, mental and emotional torture, pain, and grievous bodily harm on his two little daughters, aged 8 and 6. While Daniel Bwala examined the provisions of the Violence Against Persons (Prohibition) Act, 2015 and urges all States in Nigeria to begin to enforce it now, Jude Igbanoi focused on the rising wave of child abuse and domestic violence in Nigeria, and the violation of the rights of children (and vulnerable persons), who deserve protection from Government and their Parents, but are unfortunately, short changed. The President’s health came into focus on FEB. 28, 2017 with our cover ‘No Comparison Between Buhari and Yar’Adua’s Cases’ This was Mrs. Boma Ozobia’s take of the heated debate over the President Buhari’s health, which had become a national issue dividing Lawyers on the constitutional and legal provisions on the issue. Ozobia, was the first minority ethnic lawyer to become the Chairperson of the Association of Women Solicitors in the UK in its over 80 years history, which is certainly no mean feat. However, becoming the first ever female and first black person to be elected President of the Commonwealth Lawyers Association, may be an even greater feat. Mrs. Boma Ozobia, in her unassuming nature, shrugged off her unique achievements, as a mixture of focus and fate. She spoke with Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi in a chat, about her passion to see the legal profession in Nigeria move to greater heights; and also about her recommendations for a rancour- free succession in the leadership of the Nigerian Bar Association. The Police got our attention on MARCH 7, 2017 ‘Nigeria Police is One of the Best in the World’ and the then Lagos State Commissioner of Police, Mr. Fatai Owoseni, was the interview personality. For a megacity like Lagos, crime fighting is not done with kid gloves. The only reason Lagosians could go to sleep with both eyes closed, is because there was a tough cop in town, who despite all the societal and systemic challenges, remained undaunted. Mrs. Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi, paid the Lagos State Commissioner of Police, Mr. Fatai Owoseni a visit at the State Command Headquarters at Ikeja. His passion, enthusiasm, and love for Nigeria and the Police Force, shone through refreshingly, as he spoke with candour about his vision of making Lagos State crime-free. The MARCH 14, 2017 cover was ‘Nigerian Lawyers Must Embrace Specialisation to Create New Streams of Income’ An interview with the Chairman of the NBA-SBL, Mr. Olumide Akpata, as the Section prepared for it annual Business Law Conference in Lagos. The 11th Edition of the Annual Business Law Conference of the Nigerian Bar Association’s Section on Business Law, held from June 18 -20, 2017, and Lawyers from all over the country and other jurisdictions, converged at the Eko Hotel and Suites, Lagos. The theme of the Conference was, “Law and the Changing Face of Legal Practice”. Chairman NBA-SBL, Mr. Olumide Akpata told Onikepo Braithwaite CONTINUED ON PAGE 10

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and Jude Igbanoi in a chat, how the Section planned to treat it’s Conferees to an A-Class Conference, why the Section offers full sponsorship to the Conference to at least 30 young Lawyers drawn from NBA Branches around the country, and how SBL's 18 Committees had fared under his watch, organising Training Seminars for members in areas such as Electricity Law, Entertainment and Media Law, Competition and Consumer Protection, Information and Communication Technology Law and many more. It was the controversial Senior Advocate and Human Rights Activist, Mr. Femi Falana, who graced the MARCH 21, 2017 cover. ‘Buhari's Ministers Colluded With IMF To Ruin Our Currency’ Controversy is his second nature, and he doesn’t really care, if he is perceived in that light. However, Mr. Femi Falana, SAN has over the years, fought many good fights, losing some and wining many. The fearless Human Rights crusader and recipient of the coveted Bernard Simmons Award of the International Bar Association, told Onikepo Braithwaite and Jude Igbanoi in a no holds barred interview, that "I am currently involved in the larger struggle of retrieving our country from the soiled hands of corrupt political buccaneers and their imperialist masters". Again we revisited the worrisome issue of domestic violence in Nigeria in the MARCH 28, 2017 ‘The Enemy Within: Domestic Violence in Nigeria’. Call it Spousal Abuse or Gender Violence, the incidents of domestic violence in Nigeria are not only on the increase, but the issue is sadly, not getting adequate attention from Government and relevant agencies. In the past few years, many lives

have been lost or maimed, through domestic abuse. The Executive Director of Project Alert Against Violence, Mrs. Josephine Effah- Chukwuma, analysed the underlying causes and effects of this hydra-headed monster, and proffered possible solutions. Our second cover was an interview with Mr. Osayaba Giwa-Osagie on ‘Nigerian Lawyers Must Upgrade to World Class Standards’ A truly unique Law Event, was about to take place in Nigeria. For the very first time, the country was playing host to some of the top-notch Law Firms in Africa, as it hosted the Lex Africa Alliance Conference on April 7, 2017 in Lagos. Osayaba Giwa-Osagie has the rare privilege, of being the sole representative of Nigeria in Lex Africa Alliance. Last week, he told Onikepo Braithwaite and Jude Igbanoi about the core objectives of the umbrella body of 26 African Law Firms from 26 African countries, and why Nigeria was hosting the Conference at that time. Again, another Crossfire on APRIL 4, 2017, in which we examined the issue of the confirmation of Mr. Ibahim Magu as EFCC Chairman. ‘Can Magu Continue As Acting EFCC Chairman?’ Mr. Ibrahim Magu, Acting Chairman of the Economic and Financial Crimes Commission (EFCC) was nominated twice by President Buhari, for the position of substantive Chairman of the Agency. Interestingly, both nominations were transmitted to the Senate by the Vice President, Professor Yemi Osinbajo, SAN in July, 2016 and January, 2017, when the President happened to be away on medical vacation in the UK. On both occasions, the Senate failed to confirm Magu's nomination. As the controversy on the rejection of CONTINUED ON PAGE 11

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Magu’s nomination raged on, Ebun Adegboruwa and Chief Mike Ozekhome, SAN held the view that Magu’s tenure should end on his second rejection by the Senate; Chijioke Okoli, SAN believed that President Buhari’s resubmission of Magu’s name to the Senate, was ill-conceived. But the fiery Human Rights Lawyer, Femi Falana, SAN held a contrary view, arguing that the DSS was merely doing the Senate’s bidding with its report which discredited Magu, and that Buhari is constitutionally empowered to permit Magu to continue as Acting EFCC Chairman Yes! Magu Can Continue as Acting EFCC Chairman – Falana Magu Has Ceased to be EFCC Head - Adegboruwa Acting is a Stop-Gap – Ozekhome Buhari’s Resubmission of Magu’s Name, Unjustifiable – Okoli Former NBA General Secretary, Mr. Dele Adesina SAN was our interview personality for APRIL 11, 2017 ‘Nigeria Needs State Police Now’ The Legal Profession in Nigeria, is in dire need of reform, and the areas begging for attention are numerous. There are concerned Bar leaders, who have absolute confidence that the Nigerian Bar Association can do it. Pastor Dele Adesina, SAN, has held several offices in the NBA, including General Secretary of the Association, 2002 to 2004. As he turned 60, he spoke with Onikepo Braithwaite and Jude Igbanoi on a wide range of professional and national issues, including the highly emotive issue of the establishment of State Police And the girls died! On APRIL 18, 2017, Chidi Anselm Odinkalu wrote our cover on ‘Death of Innocents at Queen’s College: Crime of Involuntary Manslaughter’ Nigeria's premier girls only Secondary Federal Institution , Queen's

College,Yaba, Lagos (founded in 1927), witnessed a myriad of deaths of its students, resulting from the extremely poor sanitary conditions in the school. Chidi Anselm Odinkalu, in this article, discussed the needless epidemic, which could best be described as a crime of involuntary manslaughter. He also pointed out the fact that, these unsanitary conditions exist in most State and Federal Institutions, and proffered solutions to prevent the reoccurrence of such a tragedy. Appraising the Whistle Blowing Policy of the Government came on APRIL 25, 2017 ‘Whistle Blowing and Its Ramifications on Nigeria’s Anticorruption War (2016-Till Date)’ The initial doubts and apprehensions which greeted the Federal Government’s policy on Whistle blowing, appears to be fast dissipating, as the nation’s anticorruption agencies have continued on a seemingly endless voyage of discoveries with huge caches of cash in all currencies and denominations, being unearthed in different parts of the country. As at the last count, the government claimed to have so far recorded about 2,251 whistleblowing information with many more expected. Joseph Bodunrin Daudu, SAN, Mike Ozekhome, SAN and Dr Moses Ediru critically examined the issues. In an interview with Professor Baderin of SOAS on MAY 2, 2017, he said ‘Subject on Corruption Should be Taught in Nigerian Schools’ Nigerians in the diaspora have distinguished themselves in every imaginable field of endeavour, including science, medicine, law, business, academics, etc. It is CONTINUED ON PAGE 12

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common knowledge that Nigerians constitute the highest number of academics and skilled professionals, both in Europe and America. Professor Mashood Baderin, is one of Nigeria’s brightest minds at the University of London’s School of Oriental and African Studies, where he has been teaching and researching on Islamic Law, Human Rights, and Public International Law for over a decade. As SOAS alumni marked the institution’s centenary in Lagos, Onikepo Braithwaite and Jude Igbanoi sought Professor Baderin's views on a myriad of issues, including Nigeria’s unwavering anticorruption war, allegations of abuses in IDP camps, and the implications of government’s disobedience of court orders The wife of the Senate President, Mrs. Toyin Saraki made our cover of MAY 9, 2017 ‘Federal Government Must Increase its Investment in Healthcare’ Her Excellency, Mrs. Olutoyin Saraki, wife of the Senate President of the Federal Republic of Nigeria and former Governor of Kwara State; a Lawyer turned Healthcare Improvement Advocate, has created an indelible impression in the minds of many with her charity project, the Wellbeing Foundation Africa, which has touched and changed many lives in immeasurable ways. Mrs Saraki, in a chat with Onikepo Braithwaite and Jude Igbanoi discussed the issue of Healthcare, which concerns us all; why she is unrelenting in her advocacy and desire to see a meaningful transformation in the health and wellbeing of Nigerians and Africans, especially women and children. In recognition of her relevance to humanitarian causes, she was accorded the rare privilege of being appointed as Centenary Ambassador of her alma mater, School of Oriental and African Studies, University of London (SOAS), which recently celebrated its Centenary in Lagos. Mrs. Saraki spoke about important issues like Infant Mortality, the need for a good Primary Health Care System, Education in Nigeria and fighting Domestic Abuse in the Country The issue of President Buhari’s health refused to subside, as our MAY 16, 2017 edition once again focused on it. DISCOURSE ‘Furore Over Buhari’s Health: A Distraction?’ Since the inception of this administration, no issue has occupied the nation’s political space and national discourse more than that of President Muhammadu Buhari's health. While important national issues like improving the state of the Nigerian economy linger, the President's health has refused to take the backseat. Mike Ozekhome, SAN gave an overview of Presidents who suffered from ill health while in office, while Abubakar Sani Esq., and Abiodun Jelili Owonikoko, SAN examined the legal, political and constitutional issues, arising from President Buhari’s health and his medical trip to the UK on May 7th, 2017. In Sickness and in Health: A World Governed By Sick Presidents – Ozekhomem Buhari’s Ill-Health: Does the Nation face a Hobson’s Choice? – Sani Senate Position On Buhari’s Health Matter is Correct - Owonikoko Is the South-East really marginalised or it is just the imagination of some? The MAY 23, 2017 edition sought answers to this. ‘Challenging the Perceived Maginalisation of the South- East’ For decades, South Eastern Nigeria has complained and subtly protested what some perceive to be the marginalisation of the zone. In the past few years, these protests have begun

Territory. How has the journey been so far? What value has the LMDC added to justice delivery in Nigeria’s busiest judiciary? What are its potentials? What has been the attitude of Lawyers and Judges? For answers, Onikepo Braithwaite and Jude Igbanoi sought out the Chairman of the LMDC Governing Council, Hon. Justice Adesuyi Olateru-Olagbegi, the erudite jurist, who recently retired from the Lagos State Judiciary. He spoke extensively on the LMDC, and also the current crisis that seemed to have engulfed the Nigerian Bar Association, of which he is a past General Secretary. What manner of recall for Judges who were arrested for corruption? JUNE 20, 2017 was a Crossfire on this.

to assume such ethnic and political dimensions, that the nation may no longer be able to ignore them. This may have informed the reason why foremost Human Rights Lawyer and a citizen of the South East Zone, Dr. Olisa Agbakoba, SAN sued the Government of Nigeria, seeking redress on behalf of the people of the region. Against the backdrop of the agitation led by Nnamdi Kanu, who recently regained his freedom, Udo Jude Ilo sifts through the legal, economic and political issues in the underlying complaints of marginalisation, real or perceived, ‘Rethinking South East Marginalisation – Ilo The NBA President himself spoke with THISDAY LAWYER on a myriad of weighty national and professional issues in our MAY 30, 2017 edition. ‘I Inherited Most of the Present NBA Challenges’ Unarguably, the Nigerian Bar Association (NBA), is Africa’s largest and most vocal professional body. Despite some internal bickering, the umbrella body of Nigerian Lawyers, has continued to discharge its societal role as the voice of the masses and the watchdog of the society. The NBA President, Mr. A.B. Mahmoud, SAN, in a chat with Onikepo Braithwaite and Jude Igbanoi, reaffirmed his resolve to continue to champion the ideals of the Association in the interest of all Nigerian Lawyers, against the background of litigation which has trailed his tenure, over the irregularity of not registering its constitutional amendment at the Corporate Affairs Commission. He also spoke on the October, 2016 DSS raids on the homes of judicial officers, which was widely condemned, and urged the Government to allow some of the Judges who have not been found culpable or charged to court, to be cleared, so that they can resume sitting.

Then a second cover was on ‘Lagos: From British Colony to Federating State’. Lagos State turned 50, and as the State celebrated its Golden Jubilee, Stephen Kola-Balogun x- rayed the socio-political and economic development of Lagos State, from the status of a British Colony to its present status as a federating unit of the Federal Republic of Nigeria; the only State which has not been divided by the Federal Government, since its creation in 1967. Assessing judicial reforms under this administration was our cover for JUNE 6, 2017 ‘Aide- Memoire for Buhari Administration: Status of Reforms in the Justice System’ The Federal Government in every successive administration, has grappled with the challenge of effecting reforms in Nigeria’s Justice Sector, and so far, this has been seemingly unattainable. Olawale Fapohunda and Onikepo Braithwaite, reviewed the progress made so far by the Buhari Administration in reforming the Justice Sector, and proposed a pragmatic approach on how the administration can prioritise and achieve the necessary goals A jurist and ADR advocate, advised on its potentials and why Lawyers and Judges must embrace the practice. JUNE 13. 2017 ‘NJC Should Support ADR Practice in Nigeria’ In 2002, Lagos State quietly made history, as the first in the West African sub-region, to conceive of, and actually launch a truly court-connected Alternative Dispute Resolution Mechanism, which gave birth to the Lagos Multi-Door Court House (LMDC). While the LMDC has since grown in leaps and bounds, the initiative has been replicated by several other States in Nigeria, and the Federal Capital

CROSSFIRE ‘Recall of Judges: The Right Decision?’ In what many saw as a wanton affront to the nation’s judiciary, security agencies stormed the residences of some judicial officers, arrested and detained them, confiscating their personal items. Last week, the National Judicial Council, recalled some of the Judges and ordered them to commence sitting. Joseph Otteh, Chief Mike Ozekhome, SAN and Chukwuma Chinwo, argue over the propriety or otherwise of the move by the NJC. No, NJC Decision to Recall Judges is Flawed - Otteh Recalled Judges Were Tried, Discharged and Acquitted – Ozekhome, SAN Recall Justice Now – Chinwo JUNE 27, 2017 ‘Protecting Human Rights in Times of Insurgency and Civil Disorder’ The Office of the Civil Military Affairs of the Nigerian Army, recently released the Report of the Special Board of Inquiry, inaugurated by the Chief of Army Staff, to investigate alleged human rights violations against Nigerian Army personnel, in the fight against insurgency in the North East, and internal security operations in the South East. The Report generated much controversy and discussion within Nigeria, and among the Diplomatic Community. THISDAY Lawyer published edited excerpts from the Report The JULY 4, 2017 issue took on the topic of Federalism and what Nigeria really needs to actualise it. DISCOURSE ‘The Quest for a True Nigerian Federation: Options’ One of the greatest challenges that the Buhari Administration has faced since its inception, is the growing agitation for a new political arrangement, on which the nation should continue to exist. Many have called for Restructuring, yet others are asking for a new political order of Fiscal Federalism, while a few extremists are calling for an outright breakup of the different components that make up the entity called Nigeria. But, in whatever nomenclature these agitations were conceived, it has become quite obvious to most, that the basis of the continued existence of the nation as an indivisible entity, needs to be revisited and re-examined, to address these emerging anxieties whether political, ethnic or religious. Professors Akin Oyebode, Epiphany Azinge, SAN, Chief Sebastine Hon, SAN and Chuks Nwana discuss the topic extensively, and proffer practical legal panaceas to the contentious issues Who and What Can Save Nigeria? – Oyebode Fundamentals of Restructuring – Azinge Imperatives for Lasting Constitutional Restructuring of Nigeria – Hon CONTINUED ON PAGE 13

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It Was Never Like this – Nwana War mongering not good for the nation as our JULY 11, 2017 headlined Prof Akin Oyebode’s interview ‘Nigeria, Not Ready for Another War’ Professor Akin Oyebode is unarguably unrivalled in many spheres. He is a delight to interview, as he never shies away from expressing his views on any issue. Fearless, cerebral and sometimes acerbic, Professor Oyebode has taught Law in Nigerian Universities for almost four decades, including being Vice Chancellor of the University of Ado Ekiti. Five months shy of 70, the Professor of Jurisprudence, who is very much sought after in the international academic circuit, spoke to Onikepo Braithwaite and Jude Igbanoi on a wide range of national and professional issues, including the vexatious issues of judicial corruption, marauding Fulani Herdsmen and War Mongering. Thoughts on Buhari’s anti-corruption war featured in our JULY 18, 2017 cover in an interview with Professor Oyelowo Oyewo ‘Presidency Underestimated “AntiAnti-Corruption” Elements in the Senate’ Legal Education in Nigeria, has witnessed its fair share of challenges, including understaffing, accreditation, dearth of adequate publications and overstretched facilities. Despite these obvious challenges, many Law Faculties in the Nigerian Universities, have struggled to produce some of the brightest and best materials for the Law School, and the University of Lagos, is a shinning example of such. Onikepo Braithwaite and Jude Igbanoi, both former students of the Unilag Law Faculty, sought out one of the leading authorities on Administrative Law, Professor Oyelowo Oyewo, who took time out of his busy schedule to speak on a myriad of issues, including the faceoff between the National Assembly and the Presidency, over the 2017 Budget Appropriation and the Non- confirmation of Ibrahim Magu, as Chairman of the EFCC In this issue, it was the Dean of Faculty of Law, Unilag, Professor Ayo Atsenuwa for JULY 25, 2017 ‘Nigeria’s Constitution Has Many Gender Gaps’ Has the Nigerian Constitution and the society, been biased and insensitive against women? This has been an age-long debate which the jury is still out on. In the academia, the perception may not be different, but the University of Lagos Law Faculty has in its 5- decade history, been able to produce only two female Deans, Professor Ayo Atsenuwa being the second and current one. Onikepo Braithwaite and Jude Igbanoi sought her views on several issues, including the rising incidence of domestic violence, child marriage, perceived gender disparity and imbalance in Nigeria’s social strata, the vexed issue of child marriage, and her vision as Dean of one of Nigeria’s most sought-after Law Faculties. It was a double interview in the AUG. 1, 2017 cover with Chief Ladi Taiwo and Akin Osinbajo ‘Government Should Name and Shame Treasury Looters’ Unlike some other countries, partnerships in the legal profession, perceptibly do not seem to thrive as well in Nigeria. There have been many big partnerships with distinguished Lawyers in the past, but most never withstood the test of time. Many therefore, find it remarkable to find a law partnership that has for over 40 years, not only succeeded, but also defied and broken out of this stereotype. The law firm of Abdulai, Taiwo & Co., which kicked off in 1976, has continued to defy all odds and grown strong, despite

the demise of one of the founding partners, Dr. Ahmed Abdulai. Onikepo Braithwaite and Jude Igbanoi took on the firm’s partners, the duo of Chief Ladi Taiwo and Akin Osinbajo, who was just accorded with the rank of Senior Advocate of Nigeria, and they bared their minds on a wide range of professional issues. ‘Ex-Governors in Senate Shouldn’t Be Allowed to Earn Double Salaries’ - Osinbajo Taking on the National Assembly in the AUG. 8, 2017 edition, Professor Taiwo Osipitan, SAN admonished ‘NASS Should Focus on Law Making and Oversight Functions’ Getting to the top of the legal profession in Nigeria, is a daunting and Herculean task. Reaching the pinnacle however, as an academic through litigation, may even be harder. Professor Taiwo Osipitan, SAN, the son of distinguished Legal Practitioner, Chief Bayo Osipitan, was the first Academic to be elevated to the rank of Senior Advocate of Nigeria in 2002, based on his performance as a Litigator. In a chat with Onikepo Braithwaite and Jude Igbanoi, he expressed his views on burning issues in the polity, including Nigeria’s seemingly unending fight against corruption, constitutional amendment, and the much-desired review of the Evidence Act The pre-conference edition was an interview with Dr Konyin Ajayi, SAN on AUG. 15, 2017 ‘2017 NBA Conference Will Impact on Nigeria and Africa’ From the weekend, August 18th, to August 24th, Nigerian Lawyers converged in the city of Lagos, for the 57th edition of the Nigerian Bar Association’s Annual General Conference. The Chairman of the Conference Planning Committee, Dr. Konyin Ajayi, SAN, and his hardworking team, pledged that the 2017 Conference, will transcend the heights achieved during past conferences. Onikepo Braithwaite and Jude Igbanoi, pulled Dr Ajayi out of his busy conferenceplanning schedule, to speak on the challenges arising from planning an 'A-Class' Conference of this scale and magnitude, where for the fist time in the Association's history, Conferees were to be given tablets, fully loaded with law tools. Conferees were also to enjoy the benefits of quality health services, including medical tests. Contrary to the earlier misconception, this year’s Conference, witnessed 25 breakout sessions. The Reverend Gentleman, also spoke on the need for the EFCC to up its game, and why he doesn’t believe that Nigeria should disintegrate The President of African Bar Association spoke with THISDAY LAWYER - AUG. 22, 2017 ‘Barriers Shouldn’t Exist in African Legal Community’ The diversity the African Continent

presents, also transcends the legal profession, where three distinct jurisdictions are in operation, Common Law, Civil Law and Islamic Law. In the face of these seeming legal and also language barriers, the Bar Associations and Law Societies of the Continent's 54 countries, have managed to come together to tackle the Continent's sociopolitical, legal and economic challenges. The African Bar Association (AFBA), has provided an umbrella platform, to seek to address the various challenges in its member states. Onikepo Braithwaite and Jude Igbanoi spoke with the AFBA President, Mr. Hannibal Uwaifo, on how the body which was founded in 1971, has fared so far since its resuscitation in 2013. He also expressed concern over the growing impunity across African countries, and how AFBA can be of assistance. The focus was on the Nigerian Army and its human rights record in the AUG. 29, 2017 edition. ‘Nigeria’s Justice Sector Requires Urgent Radical Intervention’ Two years into the Buhari Administration, Justice Sector Stakeholders have began the stocktaking of progress made by the Administration, in delivering on its promise of important reforms in the Justice System. Olawale Fapohunda, has a long and impressive resume of leading reforms in the Justice Sector. Onikepo Braithwaite and Jude Igbanoi spoke with him on the state of the Judiciary and Administration of Justice in Nigeria, including policing, penal reform, human rights and the much discussed, Presidential Investigation Panel to Review Compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement. The Attorney-General of Rivers State and Commissioner of Justice, drew attention to the plight of the State in the SEPT. 5, 2017 edition, ‘Niger-Delta People are Exploited and Their Environment Despoiled’ For a while, Rivers State, which is one of Nigeria’s highest revenue generating States, had been in the news for the wrong reasons. There had been reports of many kidnappings of oil expatriates, political violence, and an embarrassing rift between the Executive and the Judiciary, which led to the unprecedented closure of courts for almost two years. But all that narrative fast changed, with the present administration in the State. The new Attorney-General of the State, Mr. Emmanuel Chinwenwo Aguma, SAN spoke with Onikepo Braithwaite and Jude Igbanoi at the recently concluded NBA Annual General Conference in Lagos, on how the State has overcome its multifarious challenges. He also spoke on a wide range of issues

bordering on corruption, despoliation of the environment, the PIB and the controversy surrounding the N13b found at the Osborne Towers, Ikoyi, which the Rivers State Government laid claim to. Former NBA President and Ondo State Governor graced our SEPT. 12, 2017 issue. ‘Nigeria Cannot Run Away from Restructuring Now’ At the recently concluded 2017 Annual General Conference of the Nigerian Bar Association, many serious national issues which call for sober reflection, were raised. Ranging from the controversy as to whether Nigeria is ripe for State Police, to what the agitation for Restructuring is really about. His Excellency, Mr. Oluwarotimi Akeredolu, SAN, the Executive Governor of Ondo State, and a consummate Bar Man, is no stranger to controversy, as he fought many battles as Attorney- General of Ondo State under a Military Administration, and was later President of the Nigerian Bar Association. He spoke with Onikepo Braithwaite and Jude Igbanoi at the NBA Conference in Victoria Island, Lagos. Fearless and courageous, 'Aketi' as he is popularly called by his peers and colleagues, delved into a host of national issues that others would not readily dare to, including why he wants Local Governments to be expunged from the Constitution, and his plans to transform Ondo State SEPT. 19, 2017 ‘Overlooking Complaints Against SANs Could Ridicule the Rank’ Only a very few privileged Lawyers in Nigeria, have had the fortune of being in the Inner Bar, and sharing its privileges along with their spouses. One of such rare lawyers, is Chief Solomon Adegboyega Awomolo, SAN, who turned 70 on September 19. In a chat with Onikepo Braithwaite and Jude Igbanoi, the Learned Senior Advocate went down memory lane, on how his journey of 40 years at the Bar, has been so far. The former Attorney-General of Osun State, also shared his radical thoughts on judicial corruption, agitations for restructuring, and why the Privileges Committee must never overlook complaints against those aspiring to the Inner Bar. Five Legal Practitioners crossed swords in the SEPT. 26, 2017 edition on IPOB CROSSFIRE ‘Legality or Otherwise of IPOB Proscription Order’ The Federal High Court declared the Indigenous People of Biafra (IPOB) to be a Terrorist Organisation, and proscribed it. The Order of the Acting Chief Judge of the CONTINUED ON PAGE 14

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Federal High Court, Justice Abdul Kafarati, was a subject of deep-seated nationwide arguments and contention. Mike Ozekhome, SAN argued that neither the Federal Government of Nigeria nor any of its arms or agencies, can make a pronouncement that IPOB is a terrorist organisation and order its proscription. Ebun-Olu Adegboruwa concurred , saying that the Court had no jurisdiction to entertain, let alone adjudicate upon the case, as filed by the Attorney-General of the Federation. Conversely, Abubakar Sani posited that while IPOB can be proscribed under the Terrorism Prevention Act, such proscription could only be for a limited time-span only; Solomon Ukhuegbe and Gboyega Okunniga, believed that the proscription order, is both lawful and competent No, Court Can’t Proscribe IPOB – Ozekhome Yes, Proscription Order Is Legal and Competent – Ukhuegbe Yes, Court Can Proscribe, but for a Limited Period – Sani No, Court Has No Jurisdiction to Adjudicate over IPOB Case – Adegboruwa IPOB’s Proscription: The Missing Link - Okunniga Former Lagos State Governor and workaholic Minister of Works, Power and Housing spoke with THISDAY LAWYER on his Ministries on OCT. 3, 2017. ‘My Triple Portfolio Is Not As Daunting As People Think’ Only a workaholic like the former Governor of Lagos State, Babatunde Raji Fashola, SAN, could muster the verve, brain and brawn to function in the threefold Federal Ministry of Power, Works and Housing. But the Senior Advocate of Nigeria, in spite of the challenges, is trying to prove his mettle, having superintended one of Nigeria’s most challenging Ministries for over 20 months. As he told Onikepo Braithwaite and Jude Igbanoi in an interview, the job is actually not as daunting as many think. He also gave an insight, into the plans he has to get Nigeria out of its perennial power problems, improve the road infrastructure and provide affordable housing for all Nigerians. Nothing has slowed down Olisa Agbakoba, SAN. In the OCT. 10, 2017 issue he said ‘Nigeria’s Best Lawyers Are Not In The Judiciary’ He is not known to be lily-livered, as he never shies away from controversy. In the perilous times of military dictatorship and autocracy, Dr Olisa Agbakoba, SAN, dared the then authorities, by challenging their human rights violations, which led to the birth of Civil Liberties Organisation (CLO). The former President of the Nigerian Bar Association, has continued to soldier on. Onikepo Braithwaite and Jude Igbanoi recently sought his views on the state of the nation, the judiciary, corruption and why the IPOB agitation cannot be simply wished away. OCT. 17, 2017 ‘Law Should Be A Graduate Programme’ His tenure as Director General of the Nigerian Institute of Advanced Legal Studies, witnessed monumental innovations and advancements in the institution’s academic curriculum. Retiring from the Institute last year, Professor Epiphany Azinge, SAN, has since delved into private legal practice, while establishing his Foundation, and striving to set up a Private University in the next few years. Married to an academic who is also a Senior Advocate of Nigeria, Prof Azinge spoke with Onikepo Braithwaite and Jude Igbanoi on several issues, including his views on legal education in Nigeria, and his vision which has crystallised into the Epiphany Azinge Foundation which was launched on November 13,

2017. Chief Mike Ozekhome, SAN analysed the face-off between Ibe Kachikwu and Dr. Maikanti Baru on OCT. 24, 2017 ‘The NNPC Saga: Legal Perspectives’ This article by Learned Senior Advocate, Mike Ozekhome, was an in-depth analysis of the letter written by the Minister of State of Petroleum Resources and Chairman of the Board of the Nigerian National Petroleum Corporation (NNPC), Dr. Ibe Kachikwu, to President Muhammadu Buhari, grumbling about the actions of the Group Managing Director of NNPC, Dr. Maikanti Baru. He examined the relevant laws, that is, the NNPC Act and the Public Procurement Act, and concluded that the actions of the GMD and President Buhari, were unconstitutional The BOSAN planned dinner was the issue in the interview with Mr. Paul Usoro, SAN in our OCT. 31, 2017 cover. ‘Why SANs Are Rolling Out the Drums to Celebrate’ A landmark event took place in Nigeria’s legal history, as for the first time, the Body of Senior Advocates of Nigeria (BOSAN), came together in the city of Lagos to hold its maiden Dinner. The event which was slated for November 11 at the Intercontinental Hotel, Victoria Island, Lagos, was also to welcome the newly inducted members of the Inner Bar into the Body. Onikepo Braithwaite and Jude Igbanoi spoke to Paul Usoro, SAN, the Vice Chairman of the Event Planning Committee, about the details of the Dinner. He also gave an insight into the Conference of the Chartered Institute of Arbitrators, and his role in the legal team that secured a discharge and acquittal for the Senate President at his trial before the Code of Conduct Tribunal. Celebrating a Legal Icon at 90 was featured in the edition of NOV. 7, 2017 He is the first lawyer and the first Senior Advocate of Nigeria from the North. Alhaji Abdul Ganiyu Folorunso Abdulrazaq, OFR, SAN has left his footprints in the sands of time. As the father of many Lawyers turned 90, he spoke to Onikepo Braithwaite and Jude Igbanoi on a few current issues, S.M. Alfa Belgore, the former Chief Justice of Nigeria, Mohammed Mustapha A. Akanbi, and Aare Afe Babalola, SAN, paid tribute to the ebullient and consummate Lawyer. An All-Nigerian Person – Belgore A Legal Icon of Simplicity and Integrity – Akanbi A Bright and Brilliant Star of the Nigerian Bar – Babalola NOV. 14, 2017 ‘Federal Character Has Destroyed Merit in Nigeria’ He belongs to a very rare breed of Nigerian Lawyers, dead or alive, who have had the privilege of being called to the Inner Bar in England and Nigeria. Professor Fidelis Oditah QC, SAN, has been

described by some as an enigma of sorts. He graduated with 1st Class Honours, both in his Law Degree from the University of Lagos (1984), and from the Nigerian Law School (1985). He was awarded a Commonwealth Scholarship enabling him to study at the University of Oxford (Magdalen College 1986-89), where he obtained the degree of Bachelor of Civil Law (1987) and of Doctor of Philosophy(1989), completing his DPhil thesis in only two years. He was a Fellow and Tutor in Law at Merton College, Oxford and Travers Smith Braithwaite Lecturer in Corporate Finance Law at Oxford University from1989to1997. He has been a visiting Professor at the Oxford University Faculty of Law since 2000. He was called to the English Bar in 1992, and by a dint of hard work, made it to the Inner Bar as Queen’s Counsel and Senior Advocate of Nigeria. The highly detribalised Nigerian, spoke with Onikepo Braithwaite and Jude Igbanoi on various issues, including his perception of the ongoing anti-corruption fight of the Buhari Administration, CBN’s BVN policy, former President Jonathan’s demand of N1b to testify in Olisa Metuh’s case, and his strong abhorrence of federal character, as enshrined in the Constitution. The first and only female NBA President granted THISDAY LAWYER a much awaited interview on NOV. 21, 2017 ‘Government Should Consider Appointing a Female AGF’ She treaded where even angels feared to tread. Twenty-Five years ago, she became the first and only female, to have held the office of President of the Nigerian Bar Association, amidst turmoil and grave risk to her life. Today Dame Priscilla Olabori Kuye, a Life Bencher, after 50 years at the Bar, can only look back with fulfilment at her humble achievements, with the numerous female and male Lawyers she has mentored. Dame Kuye reminisced with Onikepo Braithwaite (her daughter) and Tobi Soniyi, discussing her tenure as NBA President, her role in Egbe Amofin, her views on the marginalisation of the South East Zone and Restructuring of Nigeria. Another Governor, Nyesom Wike of Rivers State, was our cover personality on NOV. 28, 2017 “Mr. Projects”: Rivers State is Safe and Open for Business’ Some have said that he came on a rescue mission. His Excellency, Governor Ezenwo Nyesom Wike of Rivers State’s bold strides in less than three years of his administration cannot be ignored, even by his detractors. The fearless and people-oriented Governor, invited

Onikepo Braithwaite to visit Port Harcourt and experience firsthand, the improvements in the State, since the inception of his administration. The Courts have been completely overhauled, over 188 schools have been renovated, Investors are lining up, knocking on the door of Rivers to bring in foreign direct investments, a world-class football academy in partnership with Real Madrid, is in the offing, security is now much improved in a State that was a hotbed of violence a few years ago. The Lawyer-Governor, who was a former Education Minister, also used the opportunity to narrate dispassionately his unfortunate encounter with his predecessor-inoffice, that almost caused a security breach a few weeks ago. The sad edition on slave trade in Africa was on DEC. 5, 2017 ‘Libyan Slave Trade, Africa’s Shame’ Some of the Nigerians who were rescued and repatriated from Libya last week, revealed that there are at least 60,000 Nigerians in various slave camps in Libya, and that the reported trafficking and sale of humans in Libya, is on a scale larger than earlier imagined. Ikeazor Akaraiwe and Emmanuel Asiwe, urged the Federal Government to, as a matter of urgency, go into negotiations with the Libyan authorities with a view to releasing the remaining Nigerians in Libyan slave camps. Slave Trade in Libya, Africa’s Collective Shame – Akaraiwe Libya Slave Trade: Buhari Must Act With Urgency – Asiwe The final Crossfire of the year saw two eminent lawyers trade words on a very serious issue DEC. 12, 2017 CROSSFIRE ‘What Constitutes a Gift or a Bribe to a Judicial Officer? In the groundswell to the forthcoming elections into national offices of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN, a serious contender for the office of NBA President, suddenly found 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 office of NBA President, Usoro points out that he only gave the Honourable Judge a gift and not a bribe. This was the Cross-Fire! Usoro Has a Case to Answer in Bribery Allegations – Odinkalu No, My Hands Clean – Usoro

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T H I S D AY TUESDAY DECEMBER 19, 2017

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Adeosun, Ngige, AGF Summoned by House C’ttee over Unremitted Workers’ Insurance IG: 3,000 police officers lost to insurgency in 2013, claims pending James Emejo in Abuja The Chairman of the House of Representatives Ad hoc Committee on the investigation of non-remittance of Nigeria Social Insurance Trust Fund (NSITF) contributions, Hon. Chukwuma Onyema, yesterday summoned the Minister of Finance, Mrs. Kemi Adeosun, Minister of Labour and Employment, Senator Chris Ngige, and the Accountant-General of the Federation (AGF), Mr. Ahmed Idris, to appear before it unfailingly today to clarify the circumstances surrounding the non-remittances and by extension non-compliance with the Employee Compensation Act 2010 on one percent contribution by employers to the NSITF Fund. Also summoned to appear before it is the Director General, Budget Office of the Federation, Mr. Ben

Akabueze. Speaking at a one-day investigative hearing on the non remittance of the NSITF contributions by the federal, states and local governments and other related matters, Onyema said the committee needed “very serious” details from the relevant agencies in order to get to the root cause of the problem. He insisted that all the agencies summoned must appear today. The National Assembly is also expected to adjourn for the Christmas break after today’s plenary. The investigation was pursuant to a motion on the floor of the House on the “Need for investigation of non Remittance of contributions by the federal government, state governments and local governments into the Nigeria Social Insurance

UN,Troops Give Different Account on Borno Ambush

Trust Fund (NSITF) from 2010 to Date”. The lower House had then passed resolution setting up the ad-hoc committee with a clear mandate to investigate the said allegations and report back for further legislative action. Nonetheless, Director General, NSITF, Mr. Adebayo Shomefun, told the committee that the federal government alone had not remitted the sum of N17 billion to the fund, though there are further indications that the figure may be higher. He said some states and local government employees as well as agencies including the Nigeria Civil Aviation Authority (NCAA) are yet to be registered with the fund, a situation which further blurred the actual amount being owed it. Also, speaking at the hearing, Ngige, who was represented by the Permanent Secretary in the Ministry of Labour and Employment, Mr. Bolaji Adebiyi, said consultations were ongoing with Adeosun on the possibility of paying up the debts by the end of the year.

“Before the end of the year, sometime will happen,” he assured lawmakers. It further emerged that the Nigeria Police Force may have lost about 3,000 personnel at the peak of the insurgency in the country in 2013. The Inspector General of Police, Ibrahim Idris, who was represented by the Assistant Commissioner of Police in charge of insurance, Ishaku Mohammed lamented that no payments had been released to victims of the insurgency. Notably, the police is yet to be registered with the NSITF and is estimated to be owing N16.2 billion as outstanding contributions to the NSITF. The IG said: “In 2010 when the Act was enacted, the police jubilated, knowing we will be major beneficiary of the Act. But, unfortunately, seven years later, we are yet to reap the benefits of this scheme. “Anytime we hear that some monies had been appropriated to NSITF, we rushed and asked them

the position of our claims; they always tell us we are not part of the money appropriated to them; that it’s not even enough to pay the main stream civil servant, talk of the police...” He said: “This calls for concern considering the rate at which we lose our policemen. For example, in 2013, we lost over 3,000 policemen because it was the peak of insurgency; there are lots of gunshot injuries which had not been taken care of up till now. Thank God recently, about N5 billion was appropriated and we are willing to access it and pay for group life insurance...today, we have a lot of claims unpaid.” However, Speaker of the House, Hon. Yakubu Dogara, had while declaring the hearing open underscored the objectives of the NSITF Act which are subsumed in the objectives of the Employee’s Compensation Act 2010 (ECA). According to him, “Under the provisions of the Nigeria Social Insurance Trust Fund Act, 2012,

more specifically in Sections 10, 11 and 13 all employers classified therein are mandated to remit all contributions in respect of their employees to the Board of the Trust Fund on a monthly basis failing which they will be liable to sanctions in line with the stipulations in Section 14 of the Act.” He said allegation of nonremittance by the three tiers of government for over a period of 17 years was received with disbelief, thus, warranting the investigation by the House. The Speaker said: “It must be stated that the present administration is fully committed to the Public Sector Reforms, including the sphere of Public Finance Management to which series of Policy and legislative interventions have been instituted. These reform measures have been on since the year 2000 and it should not be heard of that public agencies would act in a manner contrary to the spirit of the reforms. The least expectation is that government will lead by example.”

Military: report on attack on UN workers grossly misrepresented Paul Obi in Abuja The United Nations yesterday warned that continued ambush of humanitarian workers by Boko Haram terrorists could affect UN intervention and assistance to the needy in the North-east, where there has been a resurgence of attacks and killings by the sect in the last two months. This came as the Nigerian Army denied that four UN staff had been killed and four trucks conveying food for internally displaced persons (IDPs) were carted away. Boko Haram terrorists were alleged to have attacked a convoy carrying UN humanitarian workers in Borno State. The rise in ambush of UN workers have sort of created a palpable air of unease between the Nigerian military and the UN in recent times. Speaking on the Borno State ambush, the UN Humanitarian Coordinator in Nigeria, Mr. Edward Kallon, deplored the deadly ambush on a convoy carrying humanitarian food supplies for conflict-affected persons on December 16. Kallon expressed great concern over the limitations that attacks of this nature may have on the delivery of life-saving supplies to people in need in North-east Nigeria. According to him, the by a non-state armed group took place on the road between Dikwa and Gamboru in Borno State, and resulted in the reported loss of at least four civilian lives as well as the destruction of basic aid items initially destined to alleviate the suffering of thousands of women, children and men. “Violence against convoys carrying humanitarian aid is unacceptable and can result in concerning limitations in our ability to provide life-saving relief to those who need it the most. “We must ensure the safety of aid workers and aid convoys across the North-east of Nigeria, so people in need of assistance can access it in a timely manner and in sufficient quantity. Many

lives are at risk,” Kallon added. He stated that the United Nations and its partners operate in the north-east of Nigeria in order to provide life-saving assistance to 6.9 million people affected by the brutal conflict. Humanitarian operations are carried out following the four basic humanitarian principles of operational independence, humanity, impartiality and neutrality and should be respected as such. “Since January 2017, despite major challenges, humanitarian operations in north-east Nigeria have managed to assist over 5 million conflict-affected people in the states of Adamawa, Borno and Yobe, including three million with food security interventions, 936,000 with nutritional support, five million with health care assistance, and over 1.3 million with safe drinking water,” he observed. But the Deputy Director, Army Public Relations, Col Onyema Nwachukwu of the Theatre Command, Operation Lafiya Dole explained that “contrary to the information currently making the rounds in a section of the media that four United Nations staff had been killed and four trucks conveying food for internally displaced persons were carted away, the Theatre Command Operation Lafiya Dole wishes to state that the report grossly misrepresents the true situation of the incident as none of the casualties in the encounter has been identified as a staff of the UN. “In setting the record straight, it is necessary to state here that a patrol escorting a convoy of civilian vehicles to Logomani encountered an ambush staged by elements of Boko Haram insurgents at Maula village along Dikwa-Ngala trans sahara highway which resulted in a firefight between troops and the insurgents. “The troops however fought through the ambush, overpowered the insurgents and killed six of them. The troops also captured 3 AK 47 rifles, 3 locally fabricated fire arms, 4 magazines and a belt of 7.62 mm ammunition.

NIGERIAN DELEGATION TO NIGER

R-L: President of Niger Republic, Muhammadou Youssofou; Katsina State Governor, Aminu Bello Masari; Yobe State Governor, Ibrahim Gaidam; and Borno State Governor, Kashim Shettima, shortly before the commencement of ceremonies to mark Niger Republic’s National Day in Tahoua Town .....yesterday

IjawYouths Ask FG to Spend $1bn from ECA in N’Delta Emmanuel Addeh in Yenagoa Ijaw youths yesterday kicked against the setting aside of about $1 billion to fight insurgency in the North-east, insisting that the Niger Delta devastated by years of oil exploration and neglect needs the funds more urgently. The National Economic Council (NEC) had given the nod to the federal government to withdraw the fund from the Excess Crude Account (ECA) to boost the fight against Boko Haram insurgency by the military, a move the youths said was suspicious. Coming under the banner of the Ijaw Youth Council (IYC) Worldwide, the youths argued that it was not only unfair to vote the whopping sum to fight a war the government said it already won, but that it was also a disservice to the people of the Niger Delta where a large part of the revenue

comes from. A statement issued by the national spokesman of the IYC, Daniel Dasimaka, described the NEC decision as ‘reckless and wasteful’ at a time when scarce resources are needed to meet the nation’s other pressing developmental needs. The group said: “The proposed move by the National Economic Council to withdraw the $1 billion from the $2.3billion in the ECA leaving the account with a balance of $1.31 billion, under the guise of funding the war on an already defeated Boko Haram is not only reckless, but economically senseless. “This is because going by the current dollar to naira exchange rate of N361 to $1, it means we are about to spend N361 billion, which is greater than the combined sums earmarked for education, health, North-east Intervention Fund, Niger Delta Ministry, Niger Delta Development Commission

(NDDC) and the East-WestrRoad in the proposed 2018 National Budget presented by the president to a joint session of the National Assembly last month.” According to the IYC, allotting such a humongous sum for that single project means that federal government does not get its priorities right. “For clarity, the following are the sums allotted to the above mentioned items: education N61.73 billion; Health: N71.11 billion; North East Intervention fund N45.00 billion; Niger Delta Ministry: N53.89 billion; NDDC: N71.20 billion and East-West Road: N17.32 billion. “We, therefore call on the federal government to spend the $1billion oil money from the Niger Delta on projects like the East-West road, second Niger Bridge, Brass LNG project, speedy completion of the rehabilitation of Port Harcourt International Airport and the

proper kick-off of the cleaning of Ogoni land and the entire Niger Delta,” the group demanded. The IYC maintained that despite the noise over the clean-up of Ogoni land and the much touted new vision for the Niger Delta region, there was nothing much to show, stressing that it was only fair that the money should be spent in the region where the revenues come from. “We are calling on the federal government to spend that $1billion ECA funds in the promotion of developmental projects and programmes in the Niger Delta where the vast majority of the crude oil that earned the funds are derived from. “Exploration and exploitation of crude oil in the region come with many negative environmental and socio-economic impacts. This can be remedied, instead of squandering it on an already defeated Boko Haram,” the IYC argued.

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Report: Fiscal Terms in Nigeria’s Oil Sector Too Weak to Attract Investment NNPC sold 1.3bn litres of petroleum products worth N151.42bn in September Chineme Okafor in Abuja Though Nigeria has existing fiscal terms governing operations in her oil and gas industry, a benchmarking exercise report by the Nigerian Natural Resource Charter (NNRC) has disclosed that they are not strong enough to attract investments to sustain growth in the industry. The report was presented yesterday in Abuja, as a prelude to the actual launch of the 2017 benchmarking exercise report which reflects changes in the management of Nigeria’s oil and gas resources since 2014. While it is expected that the main report would be presented to the public by the first quarter of 2018, it however assesses Nigeria’s performance in the management of its petroleum wealth against the expectations of the 12 principles of good practice for optimising the socio-economic benefits of natural resources as set out in the Natural Resource Charter (NRC) framework. According to it, the ability of Nigeria’s current fiscal framework in the oil industry to generate the required revenues had proved to be inadequate. “On fiscal terms, the regime is not strong enough to attract

investors, as compared with other African countries especially in the area of deep sea exploration. The fiscal regime in the sector is not flexible enough to respond to dynamic levels of production and profitability,” said a part of the report. Speaking during the presentation, the Programme Coordinator of NNRC, Tengi George-Ikoli, explained that the conclusions reached in the report were inclusive of the strengths and weaknesses of the governance frameworks of the country’s oil industry. George-Ikoli stated: “It is expected that the report would be presented and made available to the public and stakeholders in the oil and gas sector by the first quarter of 2018. The conclusions reached in this report highlight the main strengths and weaknesses of Nigeria’s petroleum sector governance, including reform priorities and opportunities.” In the document released, the NNRC equally stated that the level of inter-agency coordination in the oil and gas sector has remained poor, and this has continued to limit the full realisation of government’s policies and plans for the industry. It said: “As a result, the strategic measures to enhance the oil and

gas sector’s operational effectiveness are not well coordinated.” The report noted that gaps existing in the institutional and legal frameworks create critical operational problems for actors in the oil and gas sector, adding that of particular concern was the allocation of oil wells without regard to best practices. According to it, the conflict between government and industry objectives and distrust among the actors limit the adequacy of consultation efforts. Early consultation, it stated would most likely improve trust and collaboration amongst stakeholders. Similarly, it said oil and gas sector contracts were hardly made available to the public, and that asset disclosure and information on beneficiary ownership were still not available for effective scrutiny within the industry. On oil exploration, it stated that government had no clear

policy governing the award of oil licences, adding that its decisions were driven by the prevailing socio-political environment. George-Ikoli also stated how the report was put together, that a consortium of researchers consulted with multiple stakeholders in the sector, including industry experts, practitioners, civil society organisations and community leaders to accurately review changes in sector governance between previous benchmarking exercises. Meanwhile, the monthly operations and financial reports of the Nigerian National Petroleum Corporation (NNPC) for the month of September 2017, has disclosed that the corporation distributed and sold about 1.3 billion litres of petroleum products throughout the country within the month The report also stated that the NNPC received a total of N151.42 billion from its sales of the petroleum products. According to a statement from

the corporation’s Group General Manager, Public Affairs, Mr. Ndu Ughamadu, in Abuja, figures for the distributed products were 29 per cent higher than the 950.67 million litres the corporation distributed in August. It said the products were distributed and sold by the Petroleum Products Marketing Company (PPMC), the downstream subsidiary of the NNPC, and they comprised of 1.2 billion litres of petrol, 35.58 million litres of kerosene and 86.30 million litres of diesel. It added that the total volume of special products that were distributed in the month was 9.29 million litres, comprising 7.43 million litres of Low Pour Fuel Oil (LPFO) and other special products of 1.86 million litres. NNPC explained that the sale of white products - petrol, kerosene and diesel-for the period September 2016 to September 2017 stood at 15.61 billion litres, of which petrol

sales amounted to 13.65 billion litres and represented 87.45 per cent. It said in terms of average daily sales and distribution of petroleum products, the numbers showed that 42,752, 626 million litres of petroleum products were recorded during the period comprising a daily petrol distribution figure of 38,690,970 million litres, 2,876,745 million litres of diesel, 1,185,906 million litres of kerosene and 2,677,995 million litres of special products. The statement also noted that the PPMC posted a total sales figure of N151.42 billion for white products in the month of September 2017 as against the N111.36 billion it received in August from its sales. “Total revenues generated from the sales of white products for the period September 2016 to September 2017 stood at N1.877.42 trillion, where petrol contributed about 85.08 per cent of the total sales with a value of N1.596.98 trillion,” said the statement.

Appeal Court Nullifies Election of Kogi East Senator Alex Enumah in Abuja The Court of Appeal in Abuja yesterday nullified the election of Aenator Attai Aidoko representing Kogi East senatorial district in the National Assembly. The appellate court in the judgment, refused the application by Aidoko to reverse a decision of the lower court which held that he was not rightfully elected by his party, the Peoples Democratic Party (PDP), in its 2014 primaries. The three-man panel led by Justice Abdul Aboki however, directed that all the parties go back to the Federal High Court for a fresh hearing as initially directed by the Supreme Court. The Supreme Court had held that the lower court was in error to have come to a conclusion without calling oral evidence to resolve the dispute in the affidavits of both Aidoko and Isaac Alfa. While Aidoko claimed he was the duly nominated candidate of the PDP for the re-run party primaries, Isaac Alfa on the other hand said

he remains the duly nominated party candidate. The court consequently ordered that the sum of N1 million be paid by Aidoko to Alfa whom the court held to be the lawfully nominated candidate of the PDP. Alfa, who is a former Chief of Air Staff and member of the PDP, was declared winner of the re-run primaries of the PDP, but the party substituted his name with that of Aidoko who came second. Displeased with the decision of his party, Alfa in last April filed a suit before Justice Nnamdi Dimgba of the Federal High Court in Abuja seeking reversal of his party’s decision. Delivering judgment in the suit, Justice Dimgba, upheld Alfa as the authentic candidate of the PDP for the 2015 National Assembly. Not satisfied with Justice Dimgba’s decision, Aidoko then approached the Court of Appeal to set aside the judgment of the Federal High Court, Abuja.

Ernest Moseri for Burial The family of Mr. Nduka Moseri of THISDAY Newspaper Group has announced the burial arrangement of their father, Mr. Ernest Moseri, who died on December 11, 2017, after a protracted illness. According to Nduka, the burial will take place in Owa Oyibu in Ika North East Local Government Area of Delta State. While eulogising his father great impact, Nduka said his father’s was a disciplinarian. As a teacher, he did not spare the rod, in order to spoil the child. As a former staff of African Timber & Plywood (AP&T) Sapele, Delta State, he worked meritoriously.

In conclusion, Nduka, while wishing his father eternal rest, said he would be missed by all members of their family.

Moseri

THANK YOU FOR COMING

L-R: Vice President, Prof. Yemi Osinbajo; President Heirs Holdings, Mr. Tony Elumelu; Chairman, State House Press Corps, Ubale Musa; and Permanent Secretary, State House, Alhaji Jalal Arabi, during the State House Press Corps end of the year seminar held at the Presidential Villa in Abuja ....yesterday Godwin Omoigui

DMO DG: FG to Concentrate on External Borrowings to Service Nigeria’s Debts The Director-General (DG) of the Debt Management Office (DMO), Ms. Patience Oniha, yesterday said the federal government would focus more on external borrowings, to reduce the country’s debt service. Oniha told the News Agency of Nigeria (NAN) in Lagos that in order to move forward, the debt office would concentrate more on external borrowings at cheaper rates. She said government had decided to borrow more externally to repay Treasury Bills (TBs) that mature every now and then. “Going forward as we do more borrowing based on the Appropriation Act, what can we do to make sure that debt servicing, at least if it does not come down, it remains manageable? “We have decided to do more of external borrowings at cheaper rates,’’ she stated.

Oniha said most of the country’s borrowings were in the domestic market, at high rates, noting that government revenue dropped by 50 per cent due to a drop in oil prices and oil production, which now made debt service look like a big number. She added that the debt profile was not debt borrowed now but a cumulative thing. The DG said in spite of the figure, the country’s debt profile was still within the World Bank approved threshold. “One of the measures of debt is debt to Gross Domestic Product (GDP) ratio, and our debt to GDP ratio is low. “The challenge we have is that revenues are low; our debt service is higher than what we expect it to be because government revenue has dropped.”

“Most of our borrowings were in the domestic market at high rates,’’ the DMO chief said. Oniha said it was cheaper borrowing externally when compared with domestic borrowing at 18 per cent and 17 per cent for treasury bills and bonds, respectively. The DMO boss said treasury bills maturing this December would be repaid with $500 million out of the $3 billion Eurobonds raised by the government in November. According to her, government in November raised $1.5 billion at 7.5 per cent and did another 10-year bond at 6.5 per cent. She said in the domestic market, the interest rates were as high as 18 per cent. Oniha also noted that the government had embarked on an aggressive tax drive through

the Voluntary Assets and Income Declaration Scheme (VAIDS), to increase revenue. “Government is trying to diversify the economy, in order to get more revenue apart from oil,’’ Oniha said. She lamented that Nigerians were not paying taxes as expected, saying Nigeria’s tax to GDP was at six per cent, the lowest in the world, while South Africa was 27 per cent. “There are taxes to be paid by individuals, companies and SMEs, apart from revenue from oil but people are not paying taxes in Nigeria,’’ she said. Oniha also said government borrows to fund projects, build hospitals, roads to create employment and to make quality of life better, so as to encourage the industrial sector.

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Osinbajo: No Journalist Can Make Ends Meet in Nigeria Omololu Ogunmade in Abuja Vice President Yemi Osinbajo yesterday said with their poor remuneration, journalists in the country will find it impossible to live a meaningful life.

The vice president, who also lamented the depth of private sector’s disrespect for the implementation of national minimum wage, made the remarks at the end of the year seminar organised by the

Nigeria Leads in Gender Based Violence Globally, Falana Reveals Victor Ogunje in Ado Ekiti The wife of the fiery human rights activist, Mrs. Funmi Falana, has hinged the increasing spate of violence against men across the country as a product of the frustration of the womenfolk in Nigeria. Falana said there is no country across the world where women were being muzzled through cultural and societal practices like Nigeria, saying the sordid scenarios, where men were either being killed or wounded by their wives attested to the fact that women are already fighting back in frustration. She also supported the idea mooted by the International Federation of Women Lawyers (FIDA) that education of orphans and children in orphanages should be financed by the governments up to the university level. Falana spoke in Iyin Ekiti yesterday while donating materials to the Erelu Angela Adebayo Motherless Babies’ Home to mark the Christmas celebration. Materials donated include baby kits, bags of rice, food items, cash, among other items for the upkeep of the children in the home. The lawyer said: “On the increasing violence against men, what we are witnessing showed that women have been pushed to the wall. “Though, there were cases where men were either killed or beaten by their wives, but whatever happens,

violence against men was not as rampant as that of the women. Women are now fighting back because of the violence that have been unleashed on them by men. “From those scenarios, men would have been compelled to learn a lesson and came to understanding that their wives are as important as they are in their marriage. They are not slaves as they think,” she pointed out. Falana said apart from the constitutional free education up to Junior Secondary School 3 enjoyed by all children across the country, that children in orphanage homes should be allowed to enjoy further benefit up to the university. On the increasing child labour in the country, Falana said what accounted for the upsurge was lack of the political will to implement all necessary laws that prohibited such nefarious acts in Nigeria. “We have gender-based prohibition law, Child’s Right Act and equal opportunities law. But all these are not being implemented by our governments. “Besides, people who are victims of slavery don’t speak out because some of them believed that in African society children don’t have right, they can’t query their parents. “I want to charge our people to speak out, so that perpetrators of child labour and slavery can be disciplined by way of arrest and prosecution,” she counselled.

State House Press Corps, with the theme: “Journalists and Retirement Plans.” According to him, although remunerations were generally poor in the country, the case of journalists is more pathetic because many media owners make good profit but deliberately refuse to pay journalists well and as at when due. Disclosing that himself and President Muhammadu Buhari also earn poor remunerations, he said he earns about N1.5 million monthly while the president earns about N1.75 million, which he said were not commensurate with the burdens of their respective offices. He recalled his brief experiences while working with some media houses as a legal adviser, disclosing that throughout the period, he was never paid his deserved fees. He also lamented that entry requirements into journalism had never been enforced by professional bodies, pointing out that several untrained persons find their ways into the profession. He also observed that the advent of social media had had

adverse effects on journalism. “I realised first of all that this is not a profession from which one could make a decent living in the first place unless you find a really good way of doing so. “But more importantly for me was the fact that you are just on your own. Journalism as a profession is so wide open. “There are a few reasons in my view why remuneration is poor and why those in the media especially those who are formally engaged... I will show you that it is not your profession and why that is the case. “The first is that it is just simply cheating. There are owners of media that are just cheats. They just want to get something from nothing and that is not uncommon, it is a general malaise. It is not necessarily restricted to the media. “It is also the same in the legal profession. There many lawyers, if they tell you what they earn, you will certainly not want to be a lawyer. “The private sector does not respect the minimum wage. Even if a minimum wage is set nationally, it is not necessarily respected by the private sector

and this is something that should be factored into the status of a company and whether a company is even complying with the requirements. “In other places, these are points which are checked when you are being considered for task, whether you are meeting your task or not. That is not the case here. So, we need to enforce that. “We need to enforce some kind of adherence to the minimum wage structure. Not just the minimum wage of the lowest paid person, but minimum wages across the board especially so that there is certain amount of regulation of how people are paid and how they are paid. “Entry into journalism is not vigorously enforced. Most professions are able to pay better because there are entry requirements that are rigorously enforced. Perhaps not the case in journalism and for good reason. “There are those who are formally trained as journalists but the profession will admit anybody at all even if you are not formally trained as a journalist and that is even becoming more so now with social media platforms, with blogs.”

Osinbajo also lamented the failure of professional bodies to take up media organisations which fail to pay their staff well and regularly too. In his submission, Chairman of the occasion and Governor of Nasarawa State, Tanko AlMakura, who was represented by the state Commissioner for Information, Mohammed Kwara, said a good retirement plan begins from the day one is employed. In his presentation, the guest lecturer and Chairman of Elumelu Foundation, Tony Elumelu, said retirement should not be synonymous with being tired or giving up but should be a stepping stone. According to him, journalists should pursue their passion with zeal in preparation for the next phase of their lives. “Entrepreneurship is not a function of age. Set your milestones and work towards accomplishing the milestone. “Entrepreneurs are resilient, they persevere to succeed. You don’t need to give up easily. It requires sacrifice, discipline,” he said.

FG to Make Calabar Carnival an International Event Tobi Soniyi in Lagos The Minister of Information and Culture, Alhaji Lai Mohammed, has flagged off the third and final dry run of the Calabar Carnival with a pledge to help turn the event into a major global attraction. Performing the flag-off in the company of the Cross River State Deputy Governor, Prof. Ivara Esu, in Calabar the minister said the street processions preparatory to the 2017 Calabar Carnival later in the month have commenced. “I make bold to say that what is happening here today will reverberate throughout the world as we shall leverage the power of information and technology to bring this event to the notice of the entire world. “There is no substitute for preparation and that is why this dry run is very important,” he said. Mohammed said the Calabar Carnival had grown into a major unifying factor in Nigeria because it served as a rallying point for people all over the country. He said the Calabar Carnival had become a platform for the youth to demonstrate their creative ability, and a practical demonstration of the nation’s drive to turn the creative industry into a viable

creative economy. “I want to take this opportunity to appeal to the world to see this street party beyond dancing and beyond the costumes. Let’s see this Calabar Carnival for what it really is, which is a platform for our youths to vent out their creativity and a platform to turn our creative industry into a veritable creative economy,” the minister said. He described the Calabar Carnival as the biggest street party in Africa, saying it has many unique selling points, being the longest carnival route in the world covering a 12-kilometre route. Speaking earlier, the Chairman of the Carnival Commission, Mr. Gabe Onah, said that was the first time that a minister would attend the dry run of the Calabar Carnival. He commended Mohammed for his uncommon support for the carnival, having earlier sent the Permanent Secretary of his ministry, Grace Gekpe, to flag-off the second dry run in November this year. The Calabar Carnival dry run is marked by dances, processions and displays by various groups across the major streets of Calabar. The main event will be held on December 27 to 28 and will attract participants from 25 countries.

AWARD TO A PR GURU

L-R: Chief Executive Officer, XLR8 Limited, Calixthus Okoruwa; Ogun State Commissioner for Commerce and Industry, Mr. Bimbo Ashiru; and Chairman, Nigerian Institute of Public Relations (NIPR), Abuja Chapter, Dr. Adetayo Haastrup, during the award of Corporate PR Practitioner of the Year 2017 to XLR8 by NIPR in Lagos... yesterday

Obaze Publishes ‘Prime Witness’ on Buhari’s FirstYear in Office The candidate of the Peoples Democratic Party (PDP) in the recently concluded Anambra State governorship election, Mr. Oseloka H. Obaze, has quickly moved on from the unfavourable election result, publishing a new book titled: ‘Prime Witness - Change and Policy Challenges in Buhari’s Nigeria’ which chronicles the policy changes in the first year of President Muhammadu Buhari in office. The book, which is already selling online on Amazon, is a product of Obaze’s observations,

exchanges with his interlocutors in and out of government, Nigerians and non-Nigerians alike during Buhari’s first year in office. The former United Nations Diplomat in his acknowledgement said “my being outside the orbit of governance made it possible for me to record my observation, thoughts and assessments on Nigeria and evolving political developments publicly. “As assessments progressed through the first year into 2016, I was encouraged by family

members, friends, close associates to carry on with my articulation, inquiry and critique of public policies, albeit, peripherally. “Though outside the government orbit, I was an unfettered and independent observer, hence, a “prime witness,” he added. The book which is dedicated to Obaze’s wife, Dr. Ofunne Obaze, a US-based consultant Paediatrician and emergency medicine doctor, had its foreword written by Amb. Ejeviome Otobo, a former Assistant SecretaryGeneral of the United Nations.

Otobo, in his foreword, said the book written by “a thoughtful public policy analyst and former senior United Nations’ official and high-ranking state government official, represents a first draft of detailed analytical history of the administration’s performance in the first two years.” Obaze revealed through his official social media accounts that the date and venue for the presentation of Prime Witness which boast of 38 chapters and 448 pages will soon be announced.

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N16bn Double Budgeting Discovered in Power Ministry’s Budget Senate C’ttee queries N205m surplus in NEPZA budget Damilola Oyedele in Abuja The Senate Committee on Power, Steel Development and Metallurgy has discovered a double allocation of N16 billion in the budget of the Ministry of Power, Works and Housing after the allocation for the same item appeared in the budget of the power ministry, and that of the Transmission Company of Nigeria (TCN). A budget item of N4 billion allocated for Kashminbilla transmission, and N12 billion as counterpart funding for transmission lines and substation projects, appeared in the ministry and the TCN budget estimates for 2018 Appropriation bill. Senator Adamu Aliero (Kebbi APC) who pointed out the double allocation, queried the Minister of State, Power, Mr. Mustapha Baba Shehuri, on why he was also presenting items on TCN budget. “The N4 billion and N12 billion appeared on TCN budget when they came to defend their budget. On the transmission, you have a lump sum of N4 billion and another N12 billion. There seems to be a correlation between these two and the projects currently undertaken by TCN. Is the ministry delving into what the company is doing or are you presenting the budget for the company? The TCN came

and defended their own budget and these figures appeared on their budget estimates. Why are you presenting the same now?” he queried Shehuri explanation that the budgets were the same, and that all the budgets presented by power agencies are contained in the power ministry’s budget estimates, did not assuage the senators. The Chairman of the Committee, Senator Enyinnaya Abaribe, maintained that the ministry’s budget is completely different from that of the TCN. “No minister, the figures are separate. We have the budget of TCN,” Abaribe said. Senator Mustapha Bukar (Katsina APC) said the Kashimbilla budget has nothing to do with the ministry. The lawmakers also queried other items in the budget estimate including a proposed N100 million for movement and standardisation of files in the Ministry of Power, a N284million estimate for programmes for promoting investment and development in the power sector, and a N250 million estimate for international and local forums investments. Senator Clifford Ordia (Edo PDP), observed that N448 million was proposed for the purchase of motor vehicles, while another N200 million and N120 million,

were also listed for vehicles, under different sub-headings. “Which kind of vehicle are you purchasing? Are you saying you don’t have vehicles?, Ordia said. Abaribe, also frowned at the absence of the Minister of Power, Works and Housing, Mr. Babatunde Fashola, and ruled that the minister must appear during the defense of his ministry’s budgets. “I would say that the absence of the Minister of Power, Works and Housing, Babatunde Fashola to today’s budget defence is deliberate. Now you can see the reason because what it means is that most of the information that we need to be able to properly scrutinize this budget was not provided,” he said. “All that we are saying is just make it simple for clarity sake.

For every budget item that you have for any of the project, it is necessary for us to know the cost of the project because merely, just saying we are putting certain amount of money does not give us any sense of pleasure. If there is variation then you can add that then we can know. So that we can track every money spent on that and all these things can be made clear by giving us addendum at the bottom of every presentation you are making,” Abaribe added. Based on what it said were conflicting information, the committee rejected the budget of the ministry, and directed the officials to go and reconcile their figures before the next defense session. Meanwhile, the Senate Committee on Trade and

Investment yesterday also queried a N205 million surplus discovered in the 2018 budget estimates of the Nigeria Export Processing Zones Authority (NEPZA), which the agency could not explain. The surplus was included in the personnel cost of the agency. The Managing Director of NEPZA, Mr. Jim Emmanuel, told the committee that the money is to be deployed towards salary arrears of some of the agency’s staff, but upon further queries, said the surplus was from the Office of the Accountant General of the Federation. “The surplus was not created by us but rather what was approved for us by the AGF office,“ Emmanuel said. The committee members however disagreed with him on

grounds that the OAGF makes its projections from the approvals submitted to it for personnel costs. Senator Usman Bayero Nafada (Gombe APC) noted that while the agency has an appropriation of N638 million for its personnel cost in its 2017 budget, but has expended N505 million on the same item as at November 2017. Nafada further observed that the agency had already proposed to increase its personnel cost in its 2018 budget estimates to N710 million, even though there is an obvious surplus of N122 million in its 2017 budget. The committee members resolved to peg the personnel cost of the agency to N516 million for the 2018 budget, and moved the N205 million surplus to its capital budget.

Memorial Service for J.K. Randle Holds on Sunday The annual thanksgiving and the team was Alhaji K.A.B. Olowu. College he played cricket at the would command the respect of memorial service for the late Chief J.K. Randle will hold on Sunday at the Cathedral Church of Christ, Marina, Lagos at 11:15a.m. Randle died on December 17, 1956 at the age of 47 years, shortly after his return from Melbourne, Australia. He was the Chief-de-Mission of the Nigerian Olympic Team to Melbourne, while the Captain of

Randle was also the Chairman of Lagos Island Club and the Lagos Racing (Horse Racing) Club, as well as a member of Lagos Town Council and member of the Lagos Executive Development Board. He was a businessman, politician, philanthropist and all round sportsman (cricket, football, boxing, athletics, draughts etc). While still a student at King’s

international level as a member of the Nigerian team against Ghana (then known as Gold Coast) in 1929. According to a statement announcing the memorial service, “Randle belonged to a generation of Nigerians whose influence cut across ethnicity, religion, and race. Patriotism and selfless service were the hallmark of their commitment to building a great nation that

the international community.” Several streets are named after Randle in Lagos, Apapa and Surulere. Also, the Randle Memorial Hall at Onikan, Lagos was built in his memory. Furthermore, Randle Secondary School, Apapa and Randle General Hospital, Surulere, Lagos are named after him.

50

TUESDAY DECEMBER 19, 2017 ˾ T H I S D AY

NEWSEXTRA

Okowa: How Contractor Messed up Asaba Airport Project Signs N308bn appropriation bill into law Omon-Julius Onabu and Sylvester Idowu in Asaba Governor Ifeanyi Okowa of Delta State has finally opened up on the underlying factors behind the stalling of work on the remolding of the Asaba Airport, saying the contractor handling the project messed up the job by performing far below par particularly regarding the pace of work. Fielding questions at the quarterly parley with journalists at the Government House Asaba yesterday, Okowa revealed that the contractor clearly displayed unwillingness or incompetence in the execution of the important infrastructure project. He stated that the contract would be re-awarded to another firm soon, stressing that the overall interest of the people of state outweighs the reported friendship between him and the chief executive of the defaulting construction firm. According to him, “I don’t care if I step on any toes. Unfortunately, his work remained very slow despite the pressure we put on him, and having paid fully the 50 per cent mobilisation agreed with the previous administration.” The Asaba Airport was conceived as international airport when work on its construction began under the administration of Governor Emmanuel Uduaghan, but it was downgraded in April 2015 by the Federal Aviation Authority, the country’s aviation regulatory authorities, which cited several deficiencies in its construction, including a substandard runway, high-gradient surrounding hills and porosity of the facility due to lack

of perimeter fencing. However, the contractor was forced to throw in the towel few days ago, giving a litany of reasons why ULO Consultants had to hands off handling the project, but Okowa told journalists in Asaba yesterday that the state government actually prompted the contractor’s action when it gave the company a ‘Yellow Card’ in October 2017 as it was increasingly clear they would not deliver the project. The governor stressed that although fully mobilised in line with the original terms of the contract to the tune of 50 per cent, the level of work on the airport remolding project by the indigenous contractor, ULO Consultants Limited, had not really reached 25 per cent nearly two years after the project was mandated to have been completed and duly delivered. The contractual agreement was for the contractor to re-jig the airport to specifications as directed by the Nigerian FCAA at a cost of about N5.01 billion with the work agreement stating that it would be completed in four months. Okowa noted that he did not consider funding as the problem or cause of delay of completion of work as adequate loan facility was duly secured for the upgrading of the airport by the state government last year. Explaining why the government awarded the contract for the Asaba Airport upgrade, involving six aspects to ULO Consultants, the governor said: “Funding was not the issue, and I regularly went to the airport simply to ensure that the project was delivered in good time and for us to have about the

best airport in the country, but the pace of work remained very slow in spite of the pressure we put on the contractor to complete the project according to schedule.” Conducting the governor round the facilities, the Chief Executive Officer (CEO) of ULO Consultants, Chief Uche L. Okpuno, had continued to express confidence that his construction firm would eventually deliver a world-class airport especially with the installation of Instrument Landing System (ILS) almost completed in January. Okpuno had told journalists during the said visit when the contractor said the project would be ready by the end of March next year that “I believe that in the next eight weeks everything will be completed. The rehabilitation work on the runway and taxiway is projected to end in March. All things being equal, we should be able to finish work by March ending.” In another development, Okowa also signed into law the Delta State 2018 Appropriation Bill of approximately N308 billion during a brief ceremony at the Exco Chambers of the Government House Asaba, expressing optimism that the budget for the 2018 fiscal year would record 100 per cent performance. He thanked the Speaker of the state House of Assembly, Hon. Sheriff Oborevwori, and the entire state legislature for the speedy passage of the budget estimates he presented to them, saying the cordial relationship between the state executive and legislative arms was positively affecting the lives of the people of the state.

Sanusi: Public Officers Should Undergo Drug Test The Emir of Kano, Alhaji Muhammadu Sanusi II, has called for a law that will compel public officers and traditional rulers to undergo drug test in the country. He made the call at the Senate Roundtable on drug abuse held in Kano yesterday. The event is organised by the Senate in order to address drug abuse epidemic in the country. Sanusi, according to the News Agency of Nigeria (NAN), said the call was necessary in order to ensure that anybody was just not allowed to hold political office and traditional leadership positions. “I am ready to submit myself for the drug test. I suggest that ministers, governors and traditional rulers should go for drug test

because when youths understand that they cannot be governors, ministers or senators if they are drug addicts, they will come to their senses. “The country is facing a great danger because the fight against drug abuse has to be taken seriously if we are to succeed,’’ he said. While calling for effective implementation of the laws against drug abuse in the country, the first class traditional ruler also urged the Senate to ensure proper funding of all agencies charged with the responsibility to enforce the laws. “We are deceiving ourselves if we don’t believe that we are part of the problem,’’ Sanusi said. Besides, the emir called for the establishment of modern

rehabilitation centres for victims of drug abuse in the six geo-political zones of the country. He said when established, the centres should be equipped with necessary facilities and personnel to enable them take care of the teeming numbers of victims of the drug abuse. Sanusi said the measure was necessary in order to ensure that those addicts were rehabilitated and trained in various skills to enable them be reintegrated into the society. He, however, called for adequate funding of the centres to enable them operate effectively and serve the purpose for which they are established.

NOTICE OF ANNUAL GENERAL MEETING NOTICE IS HEREBY GIVEN that the Annual General Meeting of the LEGACY SHORT MATURITY (NGN) FUND (the Fund) will be held at the Protea Hotel. 42/44 Isaac John Street, GRA, Ikeja, Lagos on Monday, January 8, 2018 at 1.00 pm to transact the following:

ORDINARY BUSINESS 1

To receive and consider the report of the Fund Manager and the Audited Financial Statements for the year ended June 30, 2017.

2

To declare a dividend.

3

To authorise the Fund Manager to fix the remuneration of the Auditors.

SPECIAL BUSINESS To consider and if thought fit pass the following Resolutions as Special Resolutions: 4 That the name of the Fund be and is hereby changed from ‘Legacy Short Maturity (NGN) Fund’ to ‘Legacy Debt Fund’ 5

That the Amended and Restated Trust Deed dated 30th day of June, 2015 be and is hereby amended by a Supplemental Trust Deed to reflect the new name of the Fund and as follows:

i.

That Clause 2.5 be amended and substituted by the following: The Fund shall be invested by the Fund Manager within the asset allocation guidelines as advised by the Investment Management Committee of the Fund, as shown below, subject to clause 2.8:

Currency/Asset Allocation Currency Exposure

(Naira)

Treasury Bills

-

100%

-

0-60%

-

0-50%

-

0-60%

Fixed Deposits, Commercial Papers, Bankers’ Acceptance & Other Money Market Instruments Federal Government Bond State and Local Government Bonds

-

0-40%

Government Guaranteed and Agency Bonds

-

0-40%

Supranational Bonds

-

0-40%

Corporate Bonds

-

0-40%

ii That Clause 20 on APPOINTMENT OF CUSTODIAN shall be extended by incorporating sub clauses 7, 8 and 9 to read as follows: 20.7

The Fund Manager shall pay to the Custodian an annual fee of 0.0875% of the net value of the asset under custody. These fees shall accrue daily and shall be payable to the Custodian quarterly.

20.8

The fee referred to in Clause 20.7 above shall be subject to the deduction by the Fund Manager and payment to the relevant tax authorities, of withholding tax at the prevailing rate as at the date of payment. The Fund Manager shall forward to the Custodian within (90) days of the payment of the custody fees, evidence of the said payment to the relevant tax authorities of the withholding tax.

20.9

The Custodian shall not be entitled to any further fees other than as set forth in Clause 20.7

iii. That Clause 22 on APPOINTMENT AND REMOVAL OF REGISTRAR shall be extended by incorporating sub clauses 3, 4 and 5 to read as follows: 22.3 In consideration of the due performance by the Registrar of its obligations to the Fund, the Fund Manager shall pay to the Registrar, a fee of 0.06% of the Fund. 22.4 The Registrar’s fee shall be subject to the deduction by the Fund Manager and payment to the relevant tax authorities, of withholding tax at the prevailing rate as at the date of payment. The Fund Manager shall forward to the Custodian within 90 days of the payment of the Registrar fees, evidence of the said payment to the relevant tax authorities of the withholding tax, Provided that such deduction and payment by the Fund Manager shall be subject to approval by the Trustees. 22.5

The Registrar shall not be entitled to any further fees other than as set forth in Clause 22.3

Dated this 18th day of December, 2017 BY ORDER OF THE MANAGER

Funmi Adedibu (Mrs.) Company Secretary FRC/2014/NBA/00000005887 NOTES PROXIES Only unit holders are entitled to be represented at the Meeting. A unit holder entitled to attend and vote may appoint a proxy to attend and vote in his/her stead. A proxy need not be a unit holder. All valid instruments of proxy should be completed, stamped and deposited at the office of the Fund's Registrars, Cardinal Stone (Registrars) Limited, 358 Herbert Macaulay Way, Sabo-Yaba, Lagos, not less than 48 hours before the time fixed for the meeting. If approved, a dividend of 11 kobo per unit held will be payable to unitholders whose names appear in the Register of Members at the close of business on Friday, December 22, 2017. Distribution of dividend shall be effected from January 8, 2018.

Note

30-Jun-17

30-Jun-16

#'000

#' 000

Tanker Drivers Killing Our Business, Gulf Treasures Cries Out

Current Assets

Nume Ekeghe

Cash and Cash equivalents

11

848,489

636,449

financial assets

12

105,675

106,644

Receivables

14

-

129

954,164

743,222

8,143

3,619

946,021

739,603

The Petroleum Tanker Drivers (PTD) branch of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) yesterday shutdown the operations of Gulf Treasures Limited, one of the few depots supplying petrol since the beginning of the current crisis, an action that might worsen supply. The closure was carried out by the Lagos Zonal Office of the union, who operator of the depot accused of highhandedness and arbitrariness. The closure, which was forcefully carried out, almost

led to a conflict as it was protested by employees of the company. When THISDAY visited the chaotic depot, trucks that were loaded with products could not go out of the depot for delivery. There was apprehension in the company as employees and customers were in shock. An investigation revealed that the depot had been under a siege by the tanker drivers. According to one of the staff who did not want his name disclosed, the union has long hijacked activities at the depot as they impose arbitrary dues on customers and even the truck

drivers on the company’s payroll. Confirming this, Head of Operations of the company, Isaiah Alibi, expressed worry that the action of the union could cripple the industry except it was brought under control. He said: “Our management has tried to avoid the situation we are in now by engaging in dialogue with the union members. But they have remained adamant and continued with their impunity. The way they go about this is not right. Where do people constitute themselves into stakeholders over a business they have no stake?”

Total Assets Liabilities Other Liabilities

15

Net assets attributable to unit holders Represented by:

342,458

301,678

Retained earnings

Equity attributable to unit holders

16

603,563

437,925

Unit holders’ Fund

946,021

739,603

51

T H I S D AY TUESDAY DECEMBER 19, 2017

LEGACY EQUITY

NOTICE OF ANNUAL GENERAL MEETING NOTICE IS HEREBY GIVEN that the Annual General Meeting of the LEGACY EQUITY FUND (the Fund) will be held at the Protea Hotel. 42/44 Isaac John Street, G.R.A, Ikeja, Lagos on Monday, January 8, 2018 at 11.00 am to transact the following: ORDINARY BUSINESS 1 To receive and consider the report of the Fund Manager and the Audited Financial Statements for the year ended June 30, 2017.

STOP CORRUPTION IN THE ELECTRICITY INDUSTRY

2 To declare a dividend 3. To authorise the Fund Manager to fix the remuneration of the Auditors.

Dated this 18th day of December 2017 BY ORDER OF THE MANAGER

Funmi Adedibu (Mrs.) Company Secretary FRC/2014/NBA/00000005887

NOTES PROXIES Only unit holders are entitled to be represented at the Meeting. A unit holder entitled to attend and vote may appoint a proxy to attend and vote in his/her stead. A proxy need not be a unit holder. All valid instruments of proxy should be completed, stamped and deposited at the office of the Fund's Registrars, Cardinal Stone (Registrars) Limited, 358 Herbert Macaulay Way, Sabo-Yaba, Lagos, not less than 48 hours before the time fixed for the meeting. If approved, a dividend of 12 kobo per unit held will be payable to unit holders whose names appear in the Register of Members at the close of business on December 22, 2017. Distribution of dividend shall be effected from Monday, January 8, 2018.

Do's and Don'ts What you should not do Do not give bribes, incentives or gratification to employees of electricity companies. Do not give in to requests for monetary inducement to circumvent any process or to receive any legitimate service that has been paid for. Illegally try to access services you have not paid for.

What you should do Report: Statement of Financial Position as at 30 June 2017

Notes

30-Jun

30-Jun

2017 #'000

2016 #'000

Any case of fraudulent practice or request. Incidence of harassment meant to compel you to give a bribe or gratification. Any attempt to tamper with electricity equipment around you (such as meter bypass or illegal connection).

Assets Cash and Cash equivalents

14

61,088

193,608

Others receivables financial assets - Held for trading Held to maturity investments

15 16 17

21 503,246 85,079

308,874 -

-----------649,433

----------502,482

Remember...

========

=======

Both the giver and the receiver of a bribe are equally culpable before the law.

Total Assets Liabilities Account payables and accruals

18

8,525

6,477

-------8,525 ---------

--------6,477 ---------

511,303 129,605

516,962 (20,957)

Total Equity

-----------640,908

--------496,005

Total Liabilities and Equity

---------649,433

----------502,482

======

=======

Total Liabilities Equity Unit holders' capital Retained earnings/ (Accumulated losses)

19 20

We all have a part to play in reforming the electricity sector. Follow official procedures while seeking any assistance from your electricity distribution company. ^ƵƉƉŽƌƚĞĚ ďLJ͗

͘​͘​͘WŽƐŝƟŽŶĞĚ ƚŽ ĞŵPOWER EŝŐĞƌŝĂ

52

T H I S D AY ˾ TUESDAY, DECEMBER 19, 2017

TUESDAYSPORTS

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

C A F P L AY E R O F T H E Y E A R

Moses Missing as Salah, Mane, Aubameyang Make Final Shortlist Femi Solaja Nigeria and Chelsea star, Victor Moses, missed the final three shortlist for the African Player of the Year announced by the Confederation of African Football (CAF) yesterday. Liverpool duo of Mohamed Salah and Sadio Mane were joined by Borussia Dortmund’s Pierre-Emerick Aubameyang in the race for who wears the crown as the best footballer in the continent for the next one year. Since 1999 when Nwankwo Kanu won the award for a second time in three years, no Nigerian player has had the privilege of emerging the best in the continent. The CAF awards was largely dominated by Nigerian players in the 1990s with late Rashidi Yekini who upstaged Abedi Pele to win the crown in 1993 and followed up by Emmanuel Amuneke in 1994 before legendary George Weah broke the domination the following year by adding both European and World Football of the Year crown to his cabinet. The exploits of Kanu with Ajax and the Atlanta 1996 Olympic triumph gave the former Golden Eaglet the crown. Victor Ikpeba won the 1997 edition. Moroccan Mustapha Hadji was the gap between Ikpeba and Nwankwo’s second win in 1999.

Since then, Nigeria has been relegated to final shortlist cadre with Austin Okocha going headlong with Cameroonian, Samuel Etoo Fils on three occasions while John Mikel Obi lost on two occasions to Yaya Toure of Côte d Ivoire. Early this month, Salah had beaten Moses to the BBC African Footballer of the Year crown. Last year’s winner Riyad Mahrez of Algeria and Leicester City missed out on the original list of nominees for the 2017 edition. While announcing the final shortlist yesterday, CAF made some alterations in the categories of the awards following the removal of the Player of the Year Based in Africa as well as the Referees category. No reason was given for the alterations. In the nominees for other categories listed yesterday, Hugo Broos, who led Cameroon to the 2017 Africa Cup of Nations title in February missed out on the final three-man list after being named among the original five nominees. However, Super Eagles Coach Gernot Rohr, Hector Cuper (Egypt) and L’Hussein Amoutta (Wydad Athletic) are in the race for Best Coach of the Year. Nigeria’s Asisat Oshoala was listed alongside Chrestina Kgatlana of South Africa and Gabrielle Aboudi Onguene of

Cameroon for the best female player category. CAF also released the shortlists for several of its other award categories, which will be handed out on 4 January in Accra, Ghana. African Player of the Year: rMohamed Salah (Egypt and Liverpool) rPierre-Emerick Aubameyang (Gabon and

B. Dortmund) rSadio Mane (Senegal and Liverpool) Women’s Player of the Year: rAsisat Oshoala (Nigeria and Dalian Quanjian) rChrestina Kgatlana (South Africa and UWC Ladies) rGabrielle Aboudi Onguene(Cameroon and CSKA Moscow) Women’s National Team

of the Year: rGhana U-20 rNigeria U-20 rSouth Africa Coach of the Year: rGernot Rohr (Nigeria) rHector Cuper (Egypt) rL’Hussein Amoutta (Wydad Athletic Club) National Team of the Year: rCameroon rEgypt

rNigeria Club of the Year: rAl Ahly rTP Mazembe rWydad Athletic Club Youth Player of the Year: rKrepin Diatta (Senegal and Sarpsborg) rPatson Daka (Zambia and Liefering) rSalam Giddou (Mali and Guidars)

REWARDING EXCELLENCE...

L-R: Senior Vice President, Commercial and Gas, Aiteo Group, Victor Okoronkwo; Ghana’s Minister of Sports, Honourable Victor Asiamah,and President, Confederation of Africa Football (CAF), Ahmad at the press conference to unveil the Top Three nominees of the Aiteo-CAF Awards 2017 held in Accra, Ghana… Yesterday

Kamis Wins Equatorial Guinea Open, Odoh Finishes 12th Agege Stadium to Host Zenith Bank/NFF U-15 Final Olawale Ajimotokan in Mongomo Equatorial Guinea

The final of the National U-15 football competition sponsored by Zenith Bank in conjunction with the Nigeria Football Federation will take place today at the Agege Stadium in Lagos. In the past four months, the competition has moved round the country at state and zonal levels in both the U-13 and U-15 levels. The final round of matches for the U-13 took place in Kano during the recently concluded Super Six Invitational tournament. The Vice President of the Nigeria Football Federation, Seyi Akinwunmi, has been at the centre of the organisation of the tournament. Zenith Bank’s Group Managing Director, Peter Amangbo, said the future of the youth taking part in the competition was paramount to the organization. “We are happy to be staging a youth tournament to at least create a template for the young ones to exhibit their talents to the world. It will continue like this every year and we are confident that in future products of this competition will be in the Super Eagles,” Amangbo

said. It is about one year that the finals of the inaugural edition of the competition (U-13 and U-15) took place at the Onikan Stadium, with South West emerging champions in the U-15 category with a 2-0 defeat of South East, while South East defeated South South 4-2 in the final of the U-13 category. This year, an enterprising North Central squad overcame equally ambitious South West team 4-2 on penalties in Kano to emerge champions of the U-13 category. In the U-15 cadre, North West and South East take to the Agege Stadium turf on Tuesday afternoon for the intermediate honours, with last year’s runners-up South East determined to win the trophy this time. NFF Technical Director, Mr. Bitrus Bewarang has commended event sponsors Zenith Bank International PLC, assuring the bank that its name would be etched in gold once the prodigies start making waves in the NPFL, Super Eagles and top Leagues overseas.

Peter Kamis of South Africa over the weekend won the 3e Actuaries Equatorial Guinea Open Championship in Mongomo in his first appearance, beating Robert Follet-Smith of Zimbabwe in a play off. Kamis saved par and bagged the 30,000 dollars winner’s cheque after FolletSmith’s approach to the ninth found water. The tournament was reduced to a 54-hole contest after rain disrupted the third round and forced about half of the field to complete the

round the following morning. Kamis and Follet-Smith tied at -9 under par to force a two-way play off. Kamis, a multiple winner on the Sunshine Tour of South Africa, hit 13 of 14 fairways and made seven birdies enroute to the tournament’s benchmark round of 66. “It feels special to win this tournament on my first try. Though we had the rain that cut the play, I had a good round and putted very well. I hit a lot of good half chances and gave myself the chance to be in the mix. I had a good run, but to be fair, Mongomo is very generous off the tee. The pressure comes on the

green, which is very small and shallow, “ the Cape Town-born golfer said. Follet-Smith, who led the pack through 36 holes, birdied holes 14, 15 and 16. A double bogey at the par 5 10th plus the three putts he took at the 17th handed Karmis a route into the play off. US PGA player, Charlie Wi and Luke Joy of England tied for third at seven under par, Jared Harvey (South Africa), in fifth; Xavier Puig of Spain, sixth; Modalitso Muthiya (Zambia), seventh; and Peter Gusfaffson of Sweden, Michael Cairns of Zimbabwe and Matthew Carvell of South Africa tied for eight.

Andrew Oche Odoh was the best Nigerian and West African performer in 12th position. The 2013 and 2015 champion closed at level par 216 over 54 holes. He and Sunday Olapade, in 16th position, are the only Nigerian professional players that will have automatic invitations to play the Equatorial Guinea Open next year. Haruna K. Mohammed (42) SJ Odegha (43), Daniel Pam (45) Elisha Markus (48) and Gift Willy (withdrawal) suffered for inadequate local tournaments and found it tough competing on a global stage of 60 players.

Bazuaye is New Chief Coach of Bendel Insurance FC Ahead of the 2018 football season, the Edo State Government has contracted Mr. Monday Odigie as the Team Manager of the rebranded Bendel Insurance Football Club. Also, a former player of the club, Baldwin Bazuaye was appointed as head of the technical crew of the Division Two team. He is to be assisted by Greg Ikhenoba as Assistant Coach. The new team manager,

Odigie, assisted Samson Siasia at the 2005 Under-20 FIFA World Cup in Holland. Aside this, the new handler of Bendel Insurance has assisted Siasia and Obuh to win laurels in international football competitions. Odigie’s other laurels include winning a silver medal as Siasia’s assistant again at the Olympic Games Beijing 2008. He also has another bronze medal at the Olympic Games

in Brazil. That was the only medal Nigeria won in that Competition. He assisted Coach John Obuh to win silver medal when Nigeria hosted the Under-17 World Cup Tournament tagged Nigeria 2009. His last appointment was Chief Coach of Bayelsa United where he led the Division One Club side to win the Federation Cup in 2007. Odigie was also named the

Best Coach of Year 2007. Bazuaye, the new Chief Coach of the Club is an Ex-junior international who played for the Flying Eagles. His last coaching assignment was with the Kastina United. Mr. Greg Ikhenoba is contracted to assist Bazuaye. The assistant coach also played for the Flying Eagles. The contracts which are for the 2018 football season are to take effect from January 2nd 2018.

T H I S D AY TUESDAY DECEMBER 19, 2017

53

54

T H I S D AY TUESDAY DECEMBER 19, 2017

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T H I S D AY TUESDAY DECEMBER 19, 2017

55

Tuesday December 19, 2017

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Price: N250

MISSILE Wale to Gwarzo

“It is unjust to make a company pay N160 million to be investigated so the regulator can confirm whether its findings are indeed correct or true...It begs the question how did the regulator come about its weighty findings?” – Group Chief Executive Officer of Oando Plc, Wale Tinubu questioning the legality of the former Securities and Exchange Commission’s (SEC) ex-Director-General, Mounir Gwarzo to order a forensic investigation into the company’s activities as well as technically suspending its shares from trading on the floor of the stock exchange.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Olusegun Obasanjo, Ph.D P

erhaps in the long run, the most remarkable legacy of the Nigerian leader known as Olusegun Obasanjo would be his personal example, in terms of the manner in which he continues to creatively reinvent himself and the Renaissance quality and force of his achievements. In addition to all that we already know about him, Obasanjo last week bagged a Ph.D degree in Christian Theology from the National Open University of Nigeria (NOUN). I am impressed. It is therefore with great admiration that I welcome Dr. Olusegun Aremu Obasanjo to the distinguished class of Nigeria’s Ph.D elite. As his senior colleague in this class, I have an idea of the amount of effort and determination that must have gone into the study, research and writing that produced the Ph.D. Anyone who has ever attempted a research-based course of study would readily attest that a Ph.D is a rigorous test of patience and endurance. The Professors who supervise doctorate theses do not give them out as chieftaincy titles. They make you work for it. Dr. Obasanjo is one of the oldest Nigerians to date to bag a Ph.D degree, and probably the first to do so as an octogenarian, but it is not just his age that is noteworthy, but how his achievement is a significant advertisement for the value of knowledge and education, and how it makes him an even more interesting case study for the profiling of leadership and the theory of personality. The great man theory of history often tends to focus on the political and the cultural as enabling contexts, but the finest blend of all of that is to be traced to the individual – what manner of man? What makes the man? As for Obasanjo, he is already widely known and remembered for his role in Nigerian history, but with him, we encounter something else: an extra, somewhat mysterious, if not inexplicable force which propels him to seek new frontiers, new conquests, labels, a questing, restless, bullish, insatiable spirit, to prove a point, or perhaps to test his own humanity. What is known is the important life that he has lived: Obasanjo, the soldier, Obasanjo, the farmer, Obasanjo, the leader, Obasanjo, the statesman, Obasanjo, the politician, Obasanjo, the author, Obasanjo, the entrepreneur. He probably does not need a Ph.D to validate or prove himself further, but here he is: Obasanjo the scholar. Everything Obasanjo touches, he wants to get to the root and height of it. He projects a competitive spirit that is complex and near-mystical. His refusal to slow down as an octogenarian contains significant lessons for the younger generation. Many young men and women today are unwilling to go the extra mile, or think out of the box. They are happy to be “slay queens and boys” and hunters of entitlements, in this case, unmerited entitlements and instant gratification. In a society where knowledge is derided and scholarship is under-appreciated, the new role models are not knowledge-seekers, but cross-dressers, naira plunkers and persons of indeterminate means. We have become a country of short cuts, where value is subjected to partisan considerations. I am shocked at how so different the younger generation is from my own generation, and how so much different from our own fathers’ generation. Obasanjo belongs to a different generation that produced, made and unmade Nigeria: there were sluggards in that generation too just as there were challenged privilege-seekers, but it was a different kind of generation, once described by Wole Soyinka as a wasted generation but now in retrospect, not a wasted generation at all, because it managed to

Obasanjo produce values, now lost, now devalued sadly, but with memories of a country that could have been. The individuals in that generation many have given us a broken country, but there are many of them whose stories of individual accomplishments and discipline continue to hold out a fig of hope and inspiration. Take Obasanjo whose Ph.D I am celebrating and whose portrait I am trying to paint. When he left office the first time in 1979 as Nigeria’s Head of state, he had devoted the following years of his life to self-improvement. Soldiering has always been a noble profession, and in that line, Obasanjo had distinguished himself in training in various parts of the world (India and Aldershot, Chatham, England), and on the battlefield in then Congo and the Nigerian civil war. He famously and fortuitously received the instrument of Biafran surrender in 1970, and served in the post-civil war Yakubu Gowon government before history and fortune propelled him to the highest office in the land in 1976. His boss, Murtala Muhammed was killed in a military coup d’etat, and he became against his will, Nigeria’s Head of State and Commander in Chief of the Armed Forces. When he later ensured the return to civilian rule in 1979, the civilized world praised him to high heavens. The military handing over power was an unusual thing at the time. It was the age of Idi Amin and the culture of sit-tightism in African politics. But rather than wallow in the adulation that came, Obasanjo embarked on a mission of self-reinvention. He became a farmer, the famous Uncle Sege with the luxuriant moustache, a signature pot-belly which scores of women found irresistible, and the hoe on his shoulder. But he did something else: he established the Africa Leadership Forum (ALF) and what he called the Farm House Dialogues. Through these platforms, Obasanjo turned his Ota Farm into a rendezvous for intellectuals and policy makers, who visited regularly to discuss matters of national, regional and global interest in a sober, calming village environment. In-between feeding his chickens and monitoring the pens in his farm, Obasanjo encouraged learning and knowledge. He became the host and the friend and mentor of the best and the brightest on the continent of Africa. Presidents visited him. Everyone courted him as the Africa Leadership Forum grew into a leading think-thank. In my early years, I was privileged to be one of the resource persons for the Forum. I wrote and edited reports and travelled with the ALF team. I did my first public review of a book through the Forum and

never looked back. I co-wrote my first two books at Obasanjo’s instance, and I travelled round the world and Africa with ALF and through Obasanjo. But I was not alone. The ALF actively sought out young, smart Nigerians and other Africans, and tried to build a community of ideas across sectors. But the greatest beneficiary was Obasanjo: he re-educated and re-invented himself. When he went to prison, implicated in a phantom coup by the military junta led by General Sani Abacha, the ALF survived and even grew bigger. In the intervening years, Obasanjo had established himself as a credible global voice: member of the Global Eminent Persons Group and a voice of reason in Africa. He had moved from being merely a retired soldier who did well to an acclaimed man of integrity and knowledge. His search for and cultivation of knowledge after his retirement as a soldier stood him in extreme good stead. It was the fashion in his neck of Nigerian woods to look down on soldiers. Soldiering was seen in the Western region of his time as a profession for those who had more brawn than brain and had chosen the rough path. Obasanjo’s place of birth, Abeokuta in particular, boasted of generations of educated people and families. A soldier may have been prominent, but he was certainly not in a position to intimidate anyone in a town with so many distinguished and accomplished persons. Being rich also meant nothing to the people, but education and knowledge attracted respect. Obasanjo’s biographers have told us how he gained admission to the University of Ibadan to study agriculture, but he had to turn down the offer because he could not afford the school fees, and so opted for a career in the Military which offered free feeding, boarding and a tidy monthly allowance. A psychoanalytic reading of Obasanjo’s persona may in fact reveal a compensatory self-assertion in this direction, but he has continuously remained relevant and important because of his capacity for self-growth and re-alignment. When he returned to power in 1999, as Nigeria’s President and Head of State, he was absolutely well prepared. Nobody had any reason to question his credentials. In a country where political office seekers often present affidavits, NEPA bills and trashy excuses in place of secondary school certificates, or claim not to remember the exact name of the universities that they attended, Obasanjo had no such problem, for indeed, his life has remained an open book. Years of preparation and exposure made him an impactful President. Within 24 hours after assuming office in 1999, Obasanjo hit the ground running and announced key policy decisions. He also did not have to wait for six months or fish around the forest to compose a team, and there was no way he could ever have made the mistake of referring to the Chancellor of Germany as the President of West Germany. In Nigeria’s history since independence, Yakubu Gowon, Olusegun Obasanjo, Ibrahim Babangida and Goodluck Jonathan have recruited the brightest minds into government. Both Obasanjo and Babangida openly craved the company of intellectuals. Some of Obasanjo’s close friends to date are among the brightest minds in their respective fields and this ranges from Emeritus Professors to Christian priests or local farmers and hunters. Before now, perhaps because of this polyvalent association and his robust efforts as a writer, Olusegun Obasanjo has always tried to assert himself as an intellectual, to which the likes of

his kinsman, Wole Soyinka have always responded with friendly snobbery, but now, I assume that in their next brotherly spat, the farmer of Ota is likely to engage the Nobel Laureate far more confidently. Kongi should note: Olusegun Obasanjo, now Dr. Obasanjo, has become a licensed intellectual. With a Ph.D, no one again can accuse Obasanjo of lacking in theoretical thinking. He now combines the learning of theoretical thinking with his talents as a man of quick wit, action and native wisdom. I don’t want to start a family squabble much as I do not deliberately seek to run into foul weather with this commentary by taking the risk of discussing Obasanjo’s politics, which in my informed assessment is a landmine of contradictions. So let me move on to more urgent matters and state that what further makes Obasanjo important is the creative manner in which he planned an exit strategy for himself after the expiration of his tenure as Nigeria’s President in 2007. No other Nigerian President alive or dead has been better prepared. From being a soldier, farmer, global statesman and a two-time President, Obasanjo is the only former Nigerian/African President alive with a living, robust legacy in spatial and ideational terms. The other man is Nelson Mandela, who is now a legend and an ancestor. After leaving office in 2007, Obasanjo has managed to set up in his home-town of Abeokuta, a sprawling, intimidating Presidential Library, appropriately named Legacy Resort, which is fast growing into a cultural melting point for the historic town with Obasanjo’s image and brand at the centre. Since 2007, Obasanjo has also always managed to make himself an issue in Nigerian politics. His Hilltop home in Abeokuta is a target of pilgrimage for politicians and seekers of support. Not every former African President manages to speak, have a voice or remain relevant after office. Obasanjo’s voice continues to be heard in part because he continues to strive to develop himself. For a man who is in the departure lounge, it is amazing how he continues to live as if life is immortal. He represents a study in leadership for all men and women who seek only the shortcut and have sworn an oath to a life of indolence. His life reminds us of how we live in a knowledge age and how knowledge and education are the only redemptive forces at whatever stage in life. Education, indeed continuous education can improve the individual, but it can also save communities and societies. Indolent, self-indulgent Nigerians and other political leaders can learn a lot from the Obasanjo School of Leadership. For all his accomplishments however, Obasanjo does not necessarily speak for the stifled masses of Nigeria, but he is committed to the idea of Nigeria and has spent his life and career defending that idea and the unity and progress of his homeland. I congratulate him on his fulfillment of requirements and completion of the course of study for the award of a Ph.D in Christian Theology. This is probably for him, another beginning. With a Ph.D in Theology, Obasanjo now better understands the subjects of forgiveness and love. Nobody should be surprised if Baba, as we call him, launches a Pentecostal Christian Ministry tomorrow, and declares himself a General Overseer in the Lord’s Vineyard. Should he venture in that direction, however, I may be tempted to join his ministry, and if I so decide, he would have to reciprocate by putting me in charge of the collection of tithes and offerings… Well, yeah…Dr. Olusegun Obasanjo, congratulations.

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T H I S D AY TUESDAY DECEMBER 19, 2017

T H I S D AY TUESDAY DECEMBER 19, 2017

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