Tuesday 2nd January 2018

Kachikwu: FG to Review NNPC’s $6bn Oil Swaps To blacklist non-performing oil traders Will explore mechanisms to encourage marketers to import petrol Ejiofor Alike Apparently scandalised by the acute petrol scarcity, which marred the yuletide celebrations, the federal government is set to review the $6 billion Direct Sale-Direct Purchase (DSDP) contracts

of the Nigerian National Petroleum Corporation (NNPC). The objective is to blacklist some oil traders whose failure to meet their petrol supply obligations plunged the country into the fuel crisis. THISDAY had reported

exclusively that the scarcity was caused by some of the participants in the DSDP scheme, previously referred to as offshore crude oil processing agreements (OPAs) and crude-for-products exchange arrangements, who imported diesel for NNPC in

November-December instead of petrol as stipulated in their contracts. Speaking to THISDAY on the fuel crisis in an exclusive interview, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu stated that some of the oil traders failed to

deliver petrol to NNPC due to either lack of capacity to deliver or for profiteering reasons. According to him, the failure of the companies to meet their contractual obligations caused the fuel crisis, which was aggravated by the high cost

of crude oil in the international market. The minister stated that in order to avert future fuel crises, the federal government would explore support mechanisms, by way of tax relief to boost Continued on page 6

Tuesday 2 January, 2018 Vol 22. No 8293. Price: N250

www.thisdaylive.com TR

UT H

& RE A S O

N

Gunmen Kill 17 in Rivers New Year Tragedy Ernest Chinwo in Port Harcourt

GROOVING INTO THE NEW YEAR... Former House of Representatives member, Mr. Habeeb Fasinro; Lagos State Governor, Mr. Akinwunmi Ambode; Afro hip-hop star, Wizkid; and Senior Country Partner, PricewaterhouseCoopers (PwC), Mr. Uyi Akpata, during the grand finale of the 2017 One Lagos Fiesta held at Eko Atlantic City, Victoria Island, Lagos… yesterday

Tragedy struck yesterday at Omoku, the headquarters of Ogba/Egbema/Ndoni Local Government Area (ONELGA) of Rivers State, when unidentified gunmen shot and killed 17 persons who were returning from a New Year crossover service. THISDAY gathered that about 26 persons were shot in the attack, 14 persons died on the spot, while 12 Continued on page 6

Southern, Middle Belt Leaders Disagree With Buhari, Insist on Restructuring Balarabe Musa calls for economic restructuring Tobi Soniyi, Shola Oyeyipo and Segun James with agency report The Southern and Middle Belt Leaders’ Forum as well as the President General of Ohanaeze Ndigbo, Dr. John Nwodo have disagreed with President Muhammadu Buhari’s stance

on the restructuring of the country, saying that the only way to go is for the federal government to restructure the federation and devolve powers to the states. The president had in his New Year broadcast yesterday said that the problem with Nigeria was not with its

structure but its processes. Buhari argued that the country had tried many systems of governance in the past and had jettisoned them because they failed. He explained that if things were done properly, the country would perform better. However, disagreeing with

the president’s stance on the thorny issue, the Southern and Middle Belt Leaders’ Forum insisted that restructuring was the only way to go to save Nigeria from imminent collapse. In a statement signed by Yinka Odumakin for the Southwest, Senator Bassey Henshaw

for the South-south, Prof. C. Ogbu for the South-east and Mr. Isuwa Dogo for the Middle Belt, the forum insisted that powers must be devolved to the states. The group said: “We cannot become a productive country under a 1999 Constitution which keeps 68 items on

the Exclusive List including mineral resources which abound all over the country but which the states whose governors are constitutionally vested with authority over land cannot touch. “We need to give authority Continued on page 6

2

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

3

4

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

5

6

TUESDAY, ÍşËœ ͺ͸͚΀ Ëž T H I S D AY

PAGE SIX SOUTHERN, MIDDLE BELT LEADERS DISAGREE WITH BUHARI, INSIST ON RESTRUCTURING to the federating units over their resources for self-sustenance and paying all necessary dues to the federation to sustain common services. “We must devolve more powers and authorities to them to have effective state administrations. “The federal police has shown it lacks the capacity to deal with crimes in a multi-ethnic society like ours, the imperative of state police has never been more urgent than now. “Restructuring means nothing else than the above. “It is a call for the return to a Nigeria that worked under federalism as against the failing state we are becoming under a unitary structure. “Nigerians must organise, mobilise and work towards building an inclusive and productive country in 2018 using all democratic and peaceful means. “It is a year to battle for the soul of the country by the forces of federalism and upholders of a suffocating unitary system. “May victory be on the side of those who seek the progress of Nigeria.� Continuing, the forum said the president could not resolve Nigeria’s problems by either running away from it or ascribing it to the wrong source. “Unfortunately that is what we are doing as a country by playing down

our crisis of ‘structure’ while on a wild goose chase about ‘process’. “This is akin to a man going to Benin City while driving towards Benin Republic. The faster he runs the farther he is away from his destination. “The truth of the matter is that our nationhood crisis has peaked and there are no further opportunities to guarantee opportunities for our citizens no matter the good intentions of leaders or even unrealistic promises packaged to offer them false hope. “In 1983, when the Shehu Shagari administration was overthrown, its budget for a country of 80 million people was $25 billion. Thirty-five years after, the Buhari government has just proposed a $23 billion budget for about 180 million people! “The above clearly shows that there is no way out of our systemic crisis except we resume productivity which was our hallmark in the years that we practiced federalism as an entity. “We have exhausted all possibilities of a rentier and sharing economy and all that is left is unemployment, hunger, gnashing of teeth and conflicts among nationalities over shrinking opportunities,� the forum added. It welcomed Nigerians into the New Year after a

“gruelling and harrowing 2017 in which our people went through untold hardship as the crisis of our dysfunctional structure took its worst toll�. According to the forum, it was a hellish time when “suicide� became the “man of the year� as many citizens found life unworthy of living and jumping into rivers or hanging from ceilings became the order of the day. It noted that the National Bureau of Statistics (NBS) reported a loss of four million jobs in 2017 with millions of those employed working without pay for several months. The forum also stated that many citizens who fled abroad because there was no hope for them at home were subjected to all manner of degrading and inhuman treatment as the horror tales from Libya where Nigerians were auctioned for $400, turned to sex slaves, and subjected to extreme violence, continue to abound. “On the home front, life is becoming short, nasty and brutish as death and violence are now common place in the hands of AK 47-wielding herdsmen, armed robbers, kidnappers and enraged spouses. “It is a time when we should be having national introspection to know where the rain began to

beat us, how to dry our clothes, and ensure that we are no longer exposed to rainfall. “Unfortunately, we are not addressing the cause of our affliction and only trying to rationalise our needless failure, passing the buck and running from the solutions to our problem. “We are in a period where empty platitudes are being offered our people instead of concrete assurances on reasoned prescriptions,� the forum said. Nwodo, who also spoke with THISDAY on the phone, said that he was yet to read the president’s speech but with Nigerian’s main source of income from crude oil threatened, government must unleash Nigeria’s potential by devolving powers to the states. He warned that the world’s demand for oil was receding and that it might even further decline substantially in the next seven years, with implications as the main stay of the nation’s economy. “Unless we begin to develop alternative sources of revenue our country will cease to exist. The only way to avoid this is to release our potential by devolution of powers. “Until the government is nearer to the people and the people take their

destiny into their hands the country cannot progress. “We never agreed to be a country where the federal government will be a united policeman for the whole country. We are not running a federation, we are running a unitary government and we cannot escape this,� Nwodo said. Meanwhile, a former governor of Kaduna State, Balarabe Musa, in his reaction to the president’s stance on restructuring, called for the country’s economic restructuring to ensure the delivery of good governance. Musa made the call in a phone interview with the News Agency of Nigeria (NAN) yesterday. The former Kaduna governor said the problem with Nigeria has always been leadership rather than its structures, explaining that the regional system failed because leaders were pursuing a secessionist agenda. Although he aligned with the president’s position that the process of governance needs to be improved upon, he faulted the economic system being operated currently. Musa said the economy was in the hands of the private sector, hence the impoverishment of the masses, and suggested the restructuring of the economy to ensure that the government plays a

greater role. “The economy should be restructured. What we are operating now in which the economy is in private hands cannot help us. “We should restructure the economy so that government can play a greater role for sustainable development,� he said. The former governor agreed that saboteurs were behind the current fuel crisis and urged the government to address the situation. He also called on Buhari to form a government of national unity in the New Year for all-inclusiveness, adding that Nigeria would be better off in 2018 if people subordinated personal interests to the public interest. In his reaction, the publicity secretary of Inter-Party Advisory Council (IPAC) in Lagos State, Shakirudeen Olofin, commended the president for restating the government’s commitment to the fight against corruption. He, however, advised that the president should ensure that all pending corruption cases are speedily resolved to serve as a deterrent to others. Olofin urged Buhari to be decisive in dealing with the fuel crisis, especially persons suspected to be responsible for the situation.

and Safety Agency (NIMASA) Mr. Dakuku Peterside said 21 persons were killed in the incident. Peterside blamed the incident on the fight for supremacy among rival cult groups in the area, adding that cultism and cult-related killings thrive in the area because of the backing of powerful politicians, reported Premium Times. “My heart goes to the people of ONELGA and the immediate families of the deceased. This is an act that must be condemned. The good people of Omoku have suffered enough and this has dealt a further

blow on their sufferings,� he said, adding that the Rivers State governor, Nyesom Wike, lacks the capacity to tackle the state’s security challenge. “I have said it time and again that Governor Wike lacks the capacity and competence to guarantee the safety and security of the Rivers people. “It is unfortunate that over 1,000 persons have been killed in questionable circumstances in the last two years under his watch. He should stop playing politics with the lives of Rivers people and face governance. “Since the governor is

not rising to the occasion to show competence, we will henceforth partner with all relevant security agencies to bring peace, law and order to ONELGA and other parts of Rivers State. “This is indeed a sad day for the people of ONELGA and the only way we can assuage their feelings is to ensure that this does not happen again. “Governor Wike can rise above his partisan politics and display the hallmark of a statesman by openly condemning this murderous act and stop at nothing to arrest the criminals,� Peterside said.

that is the solution. And I will have to sit down with the Group Managing Director of NNPC and obviously get approval of Mr. President and put together structures that will enable us to address this, so that people take responsibility and answer to liabilities. “If you say you are going to bring a cargo and we depend on you, we are going to add a penalty on it if you fail to perform. We are going to be doing that, going forward,� Kachikwu noted. Speaking to journalists while monitoring the fuel situation in Lagos on Christmas Day, VicePresident Yemi Osinbajo also attributed the scarcity to the failure of some companies to deliver petrol to NNPC. “I think that going by what we have seen, there is what is called winter

deliveries. Towards the end of the year, the premium goes up – the cost of fuel goes up in many parts of the world for those who are importing. “Obviously, that gave rise to problems for those who were bringing in products. We had one or two short deliveries by the importers and that accounted for some of the problems,� he said. “I think that over time in fact, if you look at the past few months, NNPC has been importing and they have been doing a very good job because we didn’t have a shortage in October and we did not have a shortage in November; it is only in December that we had a disruption,� Osinbajo added. Last April, NNPC signed about $6 billion in deals with local and international traders to exchange about

330,000 barrels per day (bpd) of crude oil for imported petrol. THISDAY gathered that the oil traders engaged by NNPC were meant to import petrol into the country after shipping crude oil to international refiners. It was, however, learnt that in the months of November and December, some of the companies converted their DSDP contracts into diesel, as they could not bring back petrol owing to the high cost of the product in the international market. The implication was a flooded domestic market with diesel, which is also imported by other private marketers as a deregulated product, while petrol, which other marketers lacked the capacity to import and had been relying on NNPC for supply, became scarce.

GUNMEN KILL 17 IN RIVERS NEW YEAR TRAGEDY injured victims were rushed to hospitals in the city. Of the 12 injured victims, three were said to have died in the hospital. There were, however, conflicting casualty figures. While some sources said 14 persons were killed, another said 15 were killed, while others claimed 21 persons lost their lives in the incident. It was further gathered that the gunmen had operated at two different locations – Kirigani and Oboh axis of Aligwu community in Omoku, in a coordinated attack. The suspected killers, according to eyewitness

reports, opened fire on Christians who were returning from different churches around 00:20 a.m. after the New Year service and killed the victims. The Rivers State Police Command described the incident as unfortunate, adding that the culprits must be smoked out and prosecuted. The state Police Public Relations Officer (PPRO), Mr. Nnamdi Omoni (DSP), said police were aware of the incident, but could not ascertain the number of casualties to journalists at the time of filing this report. Omoni said: “I can

confirm the incident but at the moment, we cannot confirm the number of casualties. The Deputy Commissioner of Police in charge of operations and other tactical heads have been mobilised there to restore peace. “The Commissioner of Police (Zaki Ahmed) has launched a manhunt for the bandits to ensure they are arrested and prosecuted. When the DCP and the teams there conclude, we will know the total number of people involved,� Omoni stated. However, the DirectorGeneral of the Nigerian Maritime Administration

KACHIKWU: FG TO REVIEW NNPC’S $6BN OIL SWAPS the capacity of marketers to import petrol on their own. Kachikwu said the federal government would review the list of the beneficiaries of the DSDP contracts to ensure that those companies that breached their contractual agreements would not benefit from the contracts. Kachikwu said: “I think the immediate cause of this (fuel crisis) is the increase in the price of crude, and then a lot of deliveries at obviously a loss that NNPC is doing just to keep the nation going – also not the fault of NNPC.� “That is what caused it. So we need to do better planning obviously in terms of foreseeing this and trying to provide for this. And there were a lot of people who took the DSDP programme to deliver products that failed in their deadlines – some for profiteering reasons,

some for just sheer lack of capacity. “So, we need to look at that list again and see who performed this year and who breached the contracts and make sure that those who did not perform are not back on that list again as we go forward,� Kachikwu explained. Kachikwu said the long-term solution to the perennial crisis would be to encourage private marketers to import petrol on their own without relying on NNPC. “I would like to see marketers being able to bring in their own products on their own and not NNPC bringing products for them. I would like to see NNPC bring its own products. “If there is a support mechanism, we have to find a way – either through tax relief or whatever it

is to try and address that issue so that everybody has the capacity to do business. “That is one of the things I will be developing and try to see my principal (President Buhari) obviously in the coming days to address the longterm problems. “Final one is that the refineries should work. All these will fall into insignificance if the refineries are up and running. And we are working hard to begin the refinery repairs. “We are almost at the end of the recommendations that will go to Mr. President,� Kachikwu added. He stated that the federal government would develop a model that would allow NNPC and the marketers to import their own products. “At the end of the day,

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

7

8

TUESDAY JANUARY 2, 2018 ˾ T H I S D AY

NEWS

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

Mbaka Asks Buhari to Sit up or Lose in 2019 Christopher Isiguzo in Enugu Fiery Enugu Catholic priest and founder of Adoration Ministries Nigeria (AMEN), Father Ejike Mbaka on Sunday asked President Muhammadu Buhari to immediately adjust and meet up with the aspirations of Nigerians or be ready to quit the presidency by 2019. Mbaka who gave the advice during his New Year message on December 31, 2017, said the president has been kidnapped by those he described as “dangerous cabal” who are undermining the president from all angles. He warned that unless the president rises up to the challenge of rejiging his cabinet, he might be faced with disastrous consequences during 2019 general election. He said President Buhari should immediately sit up by changing those holding him in captivity or be changed. “I had wanted to pray for you (congregation) and go because I don’t want anybody to attack me; I don’t want the Bishop to invite me; I don’t want politicians to attack me anywhere. But God forced me to say it. Listen to me, 2017 became one of the most horrible years in this country and that is the message. “The Lord says captive Nigerians, you will be speedily rescued; Nigerians, things are very, very difficult, hard and tough nowadays; the hardship is not from God, they are man-made; the wicked cabals and satanic agents in this country have wickedly kidnapped the goodwill and good intentions of Mr. President, Muhammadu Buhari; his good intentions have been kidnapped.

“President Buhari must wake up and sit up immediately. Heaven demands Buhari, our president to change all those who are caging and holding him in captivity; if he will not change them, he will be changed. Mr. President wake up; sit up; God said you are toying with the privilege given to you; there is no time; Nigerians are dying in your hands; people are not happy with your system. Change or you will be changed. “God said that Buhari is in trouble; Buhari is hypnotised; Buhari is in a horrible bondage; Buhari’s mantra has been cannibalised. Unless President Buhari quickly and strategically positions the right people and changes the former ones he inaugurated, the wind of change that he himself inaugurated will blow him away shamefully. The wind will be too strong that Mr. President and the cabal will be blown out of office shamefully. The wind will be irresistible for it will come like a hurricane. Buhari can handle this problem but number one, his office, if he is not careful, another will take,” he warned. “If he (president) doesn’t want to move Nigeria forward, God says He Himself will plan a strategy of moving Nigeria forward. His (president’s) pattern of embattling corruption is not just archaic and barbaric but it is witch-hunting, terribly selective. Buhari is the president, why should you be picking and choosing those that you and your so-called EFCC man would want to arrest, so that your party becomes a hideout for criminals, so that any person who does not want to be arrested will become an APC person? Is that not corruption in itself?

Military Frees 700 from Boko Haram Captivity Two women have given birth after the military reportedly rescued 700 persons from Boko Haram insurgents in Borno State. A statement issued by the Deputy Director, Army Public Relations, 8 Division, Timothy Antigha, said the women gave birth at a military holding facility in Monguno Local Government Area of the state. Antigha said over 700 persons abducted by Boko Haram insurgents had escaped from their captors and received by the 242 Battalion, Monguno. He said the abductees comprising men, women and children were forced to work as farm labourers by the insurgents. He said two women among the freed persons delivered safely at the holding facility. The army spokesman added that the intensified onslaught against the insurgents under Operation Deep Punch II had weakened and decimated their positions, which enabled the persons to escape, reported the News Agency of Nigeria (NAN). “Over 700 farmers, fishermen and members of their families hitherto held by Boko Haram terrorists as farm workers have fled the various islands in Lake Chad to Monguno. “The exodus of the abductees is not unconnected to a follow-up operation conducted a few days

ago to exploit the gains of the recent successful Operation Deep Punch 2 in Chikun Gudu and adjourning localities. “The follow-up operation conducted by the Nigerian Air Force and 38 Task Force Artillery Brigade, 8 Division, Operation Lafiya Dole, was targeted at destroying Boko Haram infrastructure and logistics such as communication centers, fabrication yards, bomb making equipment, vehicles and other means of sustenance. “The ensuing collapse of their command structure and means of survival triggered the abandonment of the islands and escape of the abductees to Monguno. “Profiling of the displaced escapees is ongoing to ensure that no terrorist takes advantage of the situation to sneak into the town. “Preliminary investigation will focus on finding out where wanted Boko Haram commanders were hiding. Two pregnant women among the abductees gave birth yesterday in the holding centers,” Antigha said. According to him, several persons were freed from Boko Haram insurgents following the military offensive in Chikun Gudu community, Monguno.

“Change or you will be changed; after all you are the one who introduced change as your mantra. Nigerian economy is in shambles and Nigerians are in sorrow. Nigeria is not just passing through an economic depression but also it is a time of economic repression and compression. Very soon, Nigerians will know that the country is in terrible mess. The cabals have messed up the president and confused him. So, Mr. President, you are to be blamed, not your cabals. You have your brooms, but the cabals have their bags; either you sweep them away or they throw you into the bag. Heaven

cried that your methodology is not just archaic but too sluggish, very slow. The situation in Nigeria needs speed but you are too slow. “Your change mantra is questionable; you are to change your change or you will be disgraced out of office. Your agriculture scheme has an anti-agenda that is cancerous. Why should you be talking about agriculture and you leave the Fulani herdsmen? Farmers don’t have hope; don’t you hear what is happening in the country? Can’t you use your presidential mandate and help the less-privileged? The spirit of God says that Mr. President is just president in the mouth; he is not

the real president per say; he is a pseudo president, people are running the government the way they like and giving him articles to sign; Mr. President doesn’t know what is happening in his government, what a pity. But no matter what is happening, God assured us that Nigerians and Nigeria are not just in His hands but in His heart and His eyes. Mr. president tried his best to war against insurgency, he tried to stop excessive spending, living in opulence, he is an expert in stopping opulent life, swindling of government property but the way he is going after it, he is too

slow. God loves him and gave him the mandate, he wanted to fight corruption but corruption is fighting him back, so that anyone who wants to perform corruption in a very smart way, will run into APC. Mr. President wake up, save destiny and save your integrity. God said that the sitting president is not the one Nigerians trusted; wake up. There are areas the president started doing well before he became sick; anybody can become sick. We prayed and God granted him healing but you know that age is not on his side. Even if you are healthy but you are not strong, there will be problem.

Cont’d on page 36

EMPOWERMENT TOUR

R-L: Speaker, House of Representatives, Hon. Yakubu Dogara; his wife, Gimbiya; and Member representing Misau/Danbam Federal Constituency, Hon. Ahmed Yerima, interacting with traders and artisans in a local market in Bauchi State where he supported them with cash to boost their businesses...yesterday

Gunmen Kill Traditional Ruler, Pregnant Wife in Kaduna Govt condemns attack John Shiklam in Kaduna

A traditional ruler in the southern part of Kaduna State and his pregnant wife were shot dead by gunmen suspected to be herdsmen minutes after the new year was ushered in. The Etum Numana, Mr. Gambo Makama, and his wife were said to have been killed in Arak, his home town, in Sanga Local Government Area of the state at about 12:05a.m. at his residence. The gunmen were said to have invaded the residence of the traditional ruler and opened fire on them, including his 45-year-old son. The chief and his second wife, said to be some few months pregnant, died on the spot while the son sustained serious injuries from gunshots and was rushed to the hospital. Although the palace of the traditional ruler is in Gwantu, the headquarters of Sanga local government, the second class chief and wife had travelled to his village to celebrate the new year. Narrating how the incident happened, Chairman of Sanga

Development Association, Prince Bala Audu, said “based on the information at my disposal, the chief and his wife went to the village to celebrate the new year. His palace is in Gwantu, but he is from Arak and he goes home from time to time to visit. “He was seated with his second wife who is pregnant, then suddenly gunmen which I was told covered their faces with masks invaded the house and opened fire at them, alongside his son who is about 45 years. “The chief and his wife died on the spot, the son did not die but sustained serious injuries and was rushed to the hospital. “The gunmen set the house ablaze and burnt a vehicle which was recently given to the chief as a gift. “Immediately they committed the dastardly act, they escaped into the bush.” Sources at the Divisional Police Station in the area confirmed the killings, sayingthe incident occurred at about 12:05a.m. The police source did not give further details. There have been renewed

attacks in the southern part of the state in the past week. At least 10 people were killed in two separate attacks by gunmen suspected to be herdsmen. The first attack occurred on December 22 in Nidem village, Kaninkon district in Jama’a Local Government Area of the state, claiming four lives while eight people were injured. The gunmen had invaded the village square, where a Christmas Carol was going on. In the second attack which took place on Christmas Eve in Anguwan Mailafiya, Gwong Chiefdom also in Jama’a local government area, six people were killed. The Kaduna State government said last Thursday that more troops had been deployed to southern Kaduna to beef up security. However, reacting to the attack, the state government through the Senior Special Assistant on Media and Publicity to the state governor, Samuel Aruwan, said the late Etum Numana was a peacemaker who was committed to peace and development in his chiefdom.

“The government commiserates with the immediate family of the royal father and his wife, the people of Numana chiefdom and the entire Sanga Local Government. “The government condemns this double murder that was a calculated threat to peace, and a most unfortunate attempt to introduce into the new year a pattern of criminality that needlessly threatens the right of citizens to security, life and liberty.” He appealed to anyone with useful information on the murder to report such to the relevant security agencies and assured them that the information will be treated with utmost confidentiality. He said the government had directed the security agencies to investigate the criminal incident as well as to bring the assailants to justice. The governor appealed to the people of Numana c0hiefdom to remain calm and to support the security agencies as they continued to investigate the crime which he said had been threatening the hard-won peace across the Southern Kaduna area of the state.

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

9

10

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

11

12

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

13

14

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

COMMENT

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

IN DEFENCE OF THE DEAD

Ikeogu Oke pokes fun at the inclusion of some dead people in board appointments Among the living the dead are welcome To serve our nation, and drive her genius home. – “Rhyme of Our Working Dead�, by the Author

M

any Nigerians have reacted with criticism or ridicule to the recent inclusion of the names of seven dead people out of 209 appointed into various boards by the government of President Muhammadu Buhari. The dead appointees are Francis Okpozo, appointed chairman of the Nigerian Press Council; Donald Ugbaja, appointed a board member of the Consumer Protection Council; Christopher Utov, appointed a board member of the Nigerian Institute of Social and Economic Research; Garba Attahiru, Umar Dange, Nabbs Imegwu and Azuzu Okpalaibekwe, appointed into other positions and boards. Of course, the target of these negative reactions is Mr. President or his government. The reactions, typically hasty and devoid of deep reflection, have tended to portray him and his government as inept and bumbling entities, so ridiculous that they would appoint into a public office even a man like Francis Okpozo, a former senator whose death in 2016 they had acknowledged through a publicised condolence message to his family. But what should one expect from a populace hardly given to rigour in the analysis of issues, an aggregation of people most of whom would rather criticise before they apprehend, if they ever care to do the latter? Even I – I must confess – had almost been successfully seduced by their alarm over these ground-breaking – nay, grave-breaking – appointments of the dead to join the living in serving our nation. Then I reflected deeply on them and realised that there were strong grounds to justify them. So I restrained myself from joining the bandwagon of their critics or mockers. For the same reason, I am even inclined not to judge those in the bandwagon harshly while defending the appointments for the following reasons. First, as living people, we have showed a chronic incapacity to manage our country successfully. Imagine, for instance, that, 57 years after Independence, we still experience perennial fuel scarcity in a country practically floating on an ocean of easily refinable crude. Or that our government would enact such apparent incongruity as proposing to spend $1 billion to fight Boko Haram even after declaring it “technically defeated�, while rampaging herdsmen kill our citizens in their numbers unchecked. If our government has become so exasperated by our inability to find lasting solutions to such and even minor challenges facing us, that it now seeks support from the dead and their supernatural powers to do so, what can be wrong with that? Nothing, I think. We should commend the initiative without reservation. Secondly, our tradition as Africans recognises the need for synergy between the living and the dead. In the part of our country where I come from, we regularly pour libation to the dead to come and partake with the living in various activities. Our government can be

OUR GOVERNMENT CAN BE COMPARED TO A BODY OF ELDERS KEEN ON UPHOLDING TRADITION BY POURING THROUGH ITS LEADER, OUR PRESIDENT, A LIBATION OF APPOINTMENTS TO THESE OUR DEAD AND ILLUSTRIOUS CITIZENS TO COME RE-JOIN SOME OF THEIR LIVING COMPATRIOTS IN THE TRENCHES OF NATION-BUILDING

compared to a body of elders keen on upholding tradition by pouring through its leader, our president, a libation of appointments to these our dead and illustrious citizens to come re-join some of their living compatriots in the trenches of nation building. Such an exceptionally creative use of libation and the out-of-the-box thinking that must have led to their appointments deserves our unqualified praise. I praise both! Then there is, for the Christians among us, a Biblical justification for the appointments in this prophecy about the resurrection of the bones and flesh of the dead: ‌ “Thus says the Lord God, ‘Behold, I will open your graves and cause you to come up out of your graves‌’â€? (Ezekiel 37:11). For it would not be out of place if, acting on God’s behalf, the government of a country hooked on things foreign – including religions – like ours – chose to adopt this prophesy from one of those foreign religions as a basis for appointing the dead into public offices, with the positive expectation of effectively resolving some of our lingering challenges as a nation. Also, there is the possibility that the appointments pre-empt – and circumvent – the morbidity of the dead rising to agitate for their quota of representation in our current government, as women and the youth have done with increasing vehemence in recent times. We should unreservedly praise such plausible foresight in our government. Even our literature, through The Palm-wine Drinkard by Amos Tutuola, can offer evidence that, through these appointments, our government may have wished to enact a special case of life imitating art. In the book, the activities of the living and the dead intermingle symbiotically – on the terrestrial realm – as they are meant to due to the appointments. They also intermingle in the epics: The Aeneid by Virgil, the Roman poet; and the Divine Comedy by Dante, the Italian poet – for those who may think the portrayal of such synergy between the living and the dead is restricted to our national literature. In fact, evidence from these books shows that fiction, folklore, myth and legend can all be summoned to justify these appointments. Even music. Recall the synergy between the dead and the living that produced that superlative dance in Michael Jackson’s Thriller. The arts may never be more unanimous in validating a government’s initiative than these appointments. Then, for a country seeking ideas on how to end the scourge of ghost workers, I owe it to the perceptive genius of Daudu Abdul-Aziz, my friend and former colleague at the Presidential Task Force on Power, that the dead appointees, besides making invaluable contributions at their respective boards, can also serve as ghost-worker detectors, “because the dead person can easily identify who’s a ghost among the members,â€? which makes their appointment a masterstroke. So it might even be in our national interest to appoint more dead people into all the government boards in our country and engage them across our civil service to help end the menace of ghost workers and save the billions they drain annually as salaries from our economy. Oke, a poet, is the winner of the 2107 Nigeria Prize for Literature

16YEARS WITHOUT JUSTICE

It is a shame that the murderers of Bola Ige, former Attorney General and Minister of Justice, are still walking the streets free, writes Dan Amor

A

calculated insult and guilt preceded his death, stealing from the actual murder all its potential impact and drama. There never was a crime more dramatically rehearsed, and the tale only provides it could not have been otherwise. Yet there are no clues to be uncovered, no enigmas to be revealed; for this was a murder almost predicted like its predecessors. As a principled and astute politician, even though he agreed to serve in former President Olusegun Obasanjo’s cabinet, Chief Bola Ige did not preach to Nigerians. But he provoked questions and left us in no doubt as to where he stood. He shared none of the current tastes for blurred conflicts, ambiguous characters and equivocal opinions. Nor was he disdainful of strong dramatic situations building up for firm climaxes. From the critic’s point of view, the plot of Ige’s senseless murder in December 2001, in its high velocity treachery, summarises modern Nigeria in one word: “shame�. In his epic novel, SHAME (1983), Salman Rushdie, the Indian-born controversial English writer, paints the picture of a disconcerting political hallucination in Pakistan, which he calls “Peccavistan� - existing fictionally as a slight angle to reality. The major thrust of the novel is that the shame or shamelessness of its characters returns to haunt them. Yet the recurrent theme is that there are things that cannot be said, things that can’t be permitted to be true, in a tragic situation. To this end, fiction and politics ultimately become identical or rather analogous.

That so banal and damaging an emotion could have been so manifestly created from within the Yoruba nation itself, is a ringing surprise to us keen observers of that macabre drama. But the truth or falsehood of the accusation or counteraccusation is not of the first importance. The critical issue that must enlist our concern here is Nigeria’s sick criminal justice system and the poverty of integrity of its police force. Sixteen years after the well-planned assassination of the chief law officer of the world’s largest black nation (Chief Bola Ige was a Minister of Justice and Attorney General of the Federation when he was killed), his killers are still walking the streets of our cities without challenge. In this sense, Nigeria is back in mediaeval times. The Orwellian qualities and nightmarish implications of the investigations make one sick since the whole exercise is as absurd as it is puerile. Only in Nigeria that a patriotic, brilliant and hardworking lawyer who turned in a prime suspect to the police for prosecution, be arrested and arraigned by the same police before a court of law just to engage our false sense of judgment. Did the police not declare Fryo wanted in connection with Ige’s murder? The senseless and cowardly assassination of Chief Ige therefore serves to reassert the vulnerability of men and women and to poignantly underline their impotence. For, it is a well-known fact that the vulture that eats the flesh of its neighbour knows what awaits it at death, as even the eyes that weep still see. To portray a credible part of moral degeneration is deadly enough in itself; yet, to do so in a

dimension and style requiring undiminished pity is to court disaster. The attempt would be brash even in fiction or epic, with all of their additional resources for portraying subtle changes and for building sympathy. Little do we know that because we lack the intellectual precision and moral discipline to dissect with admirable lucidity and illuminating temper, the insularity and complexity of our turbulent society, we have resorted to primordial solutions to our national problems. Our recent experience in the hands of the military is replete with the shameful fact that almost two-thirds of our men and women of conscience and nobility of outlook or high integrity were either murdered or banished into exile in foreign lands and the rest condemned like guinea-pigs to a life of forced idleness in our stinking, unhygienic prisons and police cells. If we detest our memory of the unparalleled crudity of that dark era, what do we say of the murderous clouds hanging ominously over the entire nation in a so-called democratic dispensation? The truth is that Nigeria is still detained in the past. For the police not to have unravelled the enigma embedded in the mockery killing of the Attorney General and Justice Minister of the federation, 16 years after, shows that nothing has changed. From Dele Giwa, Chiefs Mashal Harry, A. K. Dikibo, Chief Funso Williams, Abayomi Ogundeji, the Igwe couple, etcetera, the story remains the same: fate makes everything invisible and works its inexorable course. Remember the story of the emperor who wore no clothes? Only the innocent saw that he was naked. Why waste our time asking who killed Chief Bola Ige while

the obvious question should be: why was Chief Bola Ige killed? It is patiently disastrous that our integrity as a nation has been consumed by a democracy gone mad. And if we are to grasp reality in the face of madness, it is the reality of Ige’s death that we must grasp. But this is one reality that sears us whenever we attempt to comprehend it, and so we try, by the use of our superficial investigations, to prove that the reality does not exist, despite our emphatically underlined knowledge to the contrary. We watch humanity grotesquely tormented, cruelly and with mockery impaled. Nearly all the characters suffer some form of crude indignity in the course of the tragedy. Yet, indeed, the overriding critical problem in this matter is the conspiracy of silence among the people of Nigeria. In spite of our pretensions, Ige’s death confronts us like a raw, fresh wound where our every instinct calls for a thorough examination. This problem, moreover, is as much one of political will and courage as of dramatic effect. Whether we believe it or not, our lives and freedom are hostages of our limited knowledge of the day after, the waywardness of chance and the decay of our national institutions. It is only in fighting for others that we can circumvent these limitations. President Muhammadu Buhari was said to have promised to revisit these cases of high profile killings. More than a year after his promise, nothing has been heard from the presidency. Can anyone get justice in this country? Why was Chief Bola Ige killed? Amor is an Abuja-based journalist and public affairs analyst

15

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

EDITORIAL TO HIJAB OR NOT HIJAB?

The Body of Benchers may need to review its rules on who to admit as a lawyer

T

he controversy involving a female Law graduate, Ms Amasa Firdaus, who was recently denied a call to the Nigerian Bar for wearing a black Hijab, an apparel worn by Muslim women as a symbol of modesty and privacy, has raised several pertinent questions. While some people have been making incendiary comments on the issue, what is being ignored is that the Nigerian Law School has long adopted a dress code that the authorities believe students must comply with to graduate. These are set prerequisites which every student is aware of at the time of admission into the institution. Since the student in question refused to take off her Hijab for a standard ceremony for which she knew the rules ahead of time, despite entreaties from the authorities, we believe the school is within its rights to insist on enforcement of its rules. Allowing one person to dictate standards and amend the rules of engagement to suit personal convenience or make a political point should not be allowed by any self- respecting society. We THE BEST APPROACH TO enjoin those dissatisMANAGING DIVERSITY, ďŹ ed with the decision ESPECIALLY IN A PLURAL to seek redress in SOCIETY SUCH AS OURS, the court rather than IS TO RESPECT ALL iname passion on PEOPLES AND THEIR an issue as sensitive CULTURAL/RELIGIOUS as religion. RIGHTS AND IDENTITIES However, there are substantive issues that we must also address. Section 4, subsection 1 of the Legal Practitioners’ Act (LPA), which empowers “the Body of Benchersâ€? as the organ responsible for the formal call to the bar of persons seeking to become legal practitioners in Nigeria, provides that “Subject to the provisions of this section, a person shall be entitled to be called to the Bar If, (a) he is a citizen of Nigeria; and (b) he produces a qualifying certiďŹ cate to the Benchers; and (c) he satisďŹ es the

Benchers that he is of good characterâ€?. On the speciďŹ c matter of dress code, Section 16, subsection three states that “Every student proposed and approved for call to the Bar shall, on any Call Night, be dressed in his Bibs and Barrister’s gown but shall not place his wig on his head until he has been called to the Bar by the Chairmanâ€?.

W

T H I S DAY EDITOR DEPUTY EDITORS ˜ MANAGING DIRECTOR DEPUTY MANAGING DIRECTOR CHAIRMAN EDITORIAL BOARD

EDITOR NATION’S CAPITAL

T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN GROUP EXECUTIVE DIRECTORS ˜ ˜

˜ GROUP FINANCE DIRECTOR DIVISIONAL DIRECTORS ˜ ˜ DEPUTY DIVISIONAL DIRECTOR

SNR. ASSOCIATE DIRECTOR ASSOCIATE DIRECTORS ˜ CONTROLLERS ˜ ˜

GROUP HEAD DIRECTOR, PRINTING PRODUCTION

hile those who support the wearing of Hijab argue that there is nothing in that provision which forbids a lawyer from wearing the religious apparel, those who oppose argue that to the extent that Hijab is not on the list prescribed, it would be wrong to wear it. But the most plausible argument, in our view, is that which hinges the wearing of Hijab on human rights. And there are several decided cases to back up this argument. For instance, in the case of Abdulkareem v. LASG (2016), the Court of Appeal held that “The use of hijab by female Muslims constitutes an act of worship, hence the refusal to allow the appellants to wear it on their school uniform, is a clear infraction of their constitutionally guaranteed right�. By the reasoning of the court, no citizen should be denied the enforcement of their rights as enshrined in Section 38 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which provides as follows: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.� What the foregoing says very clearly is that the Body of Benchers may have to review its rules to allow those who choose to wear Hijab at their call to bar ceremony to do so because it is within their rights to wear it. But aside the legal argument, the best approach to managing diversity, especially in a plural society such as ours, is to respect all peoples and their cultural/religious rights and identities.

TO SEND EMAIL: ďŹ rst name.surname@thisdaylive.com

Letters to the Editor

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.

NEW YEAR: EXAMINING THE UNRESOLVED ISSUES

I

t has become a clichĂŠ for people around the globe to declare an improved way of approaching life every beginning day of the year. It is popularly tagged “new year resolutionâ€?. Everybody wants to be a better human being and the new year is always dotted with resolutions, promises and a long to-do list. The previous year is always a lesson for the new year. The challenges of 2018 are certainly a derivation of how 2017 impacted on people. Some people argue that it is better to enter the new year on a clean slate, allowing elements to decide than to create boundaries with foundation destined to crumble hours after they are built. Most people resolve to change personal lifestyle, so many careless on changing the social, political and economic affairs of their country. They fail to understand that most of their resolutions may be festooned on the fulcrum of unresolved issues around the corridors of power.

President of the United States of America, John F. Kennedy once asserted that “it is not what your country can do for you but what you can do for your country�. Whatever the grains of his submission, wisdom in that quotation is instructive for Nigerians as it regards our reasoning, approach in choosing and maintaining leaders. The year 2018 must witness a new psychical disposition where Nigerians must stop expecting meaning out of nothing. One can only demand for good leadership if the person voted has the capacity to deliver. From antecedents, Nigerians are known for wailing, languishing under a clueless leader, at the end, they will go out there and vote the person

back. The year 2018 is another chance for Nigerians to either sail to shore or smash against rocks. While we make personal commitments to ourselves, we must realise that our politicians will never change from their exponential demand to take from our commonwealth to feed several generations from their loins. They will only make laws at the National Assembly to favour themselves. Their bank accounts in local and foreign financial institutions will continue to grow at the detriment of infrastructural developments. Our politicians will remain unresolved in their cluelessness for political benefactors to make the most of a corrupt institution. Important service based sectors like the NNPC, electricity companies, will remain in the hands of cabals, cartels to manipulate for them to ferry away our commonwealth. We must realise that Nigerian politicians especially under the Buhari administration are resolved to be lazy. Flying under the euphoria of change and amnesia of some Nigerians believing they have something to offer, this group of misfits couldn’t make out time to screen through a simple list of appointees, which does not need rocket science to do. The backlash is on Mr. President who has shown full reverse throttle in cluelessness. It has indeed become so very clear that Buhari approves anything okayed by a few powerful men in his administration, no matter how ridiculous it is. The recent appointment list littered with dead men is one in a series of gaffs. That Buhari was seen as honest does not translate to him being a good leader. It’s like giving an honest man without knowledge of flying an aircraft to pilot a distress one. The system will never change from what president Buhari met

on ground because most Nigerians are so focused making personal resolutions instead of strategic, joint arrangement to take bold steps towards changing the corrupt system. We must decide if we are really comfortable with a government so consistent with blackmail, propaganda, blame game and administrative cluelessness. The lies are legendary just as the exponential corruption among government officials, political appointees. A molecular example is peddled propaganda that VAT earnings amounts to N2trn, FIRS collected up to N2.3trn, Customs and NPA raised more than a trillion naira. Adding all the repatriated funds, there shouldn’t be any reason why only 20% performance of a budget put at N7trn. The year 2018 must herald real change. Nigerians must be resolved to remove misfits from leadership. This must be done without ethnoreligious undertone. Buhari has expended his goodwill, disaster awaits Nigerians if the 83-year-old (who is supposed to be impeached for age falsification) is recycled in 2019. Obviously he is under the control of some forces he cannot move against. Nigerians must also resolve to refuse handouts from corrupt politicians. It is time to also realise that politicians feel pressured by executive beggars to steal. Once the begging stops, demands to explain wealth increases, then accountability sets in. The need to also remove emphasis on ethnic-based support for corrupt leaders must be on top to do list of 2018 and beyond. We seem to hate politicians from other region and region, but we condone “our own� on same corrupt superhighway. Israel A. Ebije, ebijeo5@gmail.com

T H I S D AY ˾ TUESDAY, JANUARY 2, 2018

16

POLITICS

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

EXECUTIVE BRIEFING

Time to Tackle Judicial Impertinence As the election year draws near, Davidson Iriekpen calls on the Chief Justice of Nigeria, Walter Onnoghen to come up with new rules that will guide judges handling election-related matters

A

n aspirant of the Peoples Democratic Party (PDP) for the Anambra Central senatorial district in 2014, Dr. Obiora Okonkwo, last week returned to the Federal High Court in Abuja, seeking to stop the Independent National Electoral Commission (INEC) from conducting the rerun for the district scheduled for January 13, 2018. He is also praying the court to sentence the Chairman of INEC, Prof. Mahmoud Yakubu, to jail for his alleged refusal to obey its order. Recall that John Tsoho of the same court had recently added a new dimension to the protracted legal tussle for Anambra Central senatorial seat when he, in a judgment he delivered in a pre-election case filed in 2015 by Okonkwo against the PDP and three others, held that the plaintiff was validly nominated by the PDP in its primary election of December 2014 for the senatorial district. The judge ordered the Senate President to immediately inaugurate Okonkwo to fill the vacant seat. He 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 INEC, a decision INEC is yet to comply with. The Anambra Central Senatorial seat has been vacant since the nullification of Ekwenife’s election by the Court of Appeal in Enugu in an election dispute on December 7, 2015. The court voided her election on the grounds that she was not “the product of a valid primary and was therefore not duly and legitimately nominated.” The court consequently nullified the election and ordered for a fresh election by INEC. It also excluded the PDP from participating in the rerun election. The PDP rejected the decision of the appellate tribunal. First, Ekwunife went to the Supreme Court to seek a review of the Appeal Court’s judgment, but the apex court turned down her request, insisting that the Court of Appeal was the final court for all senatorial election disputes. Soon after the apex court’s decision, the party, hoping to substitute Ekwunife with Peter Obi, filed a suit before Justice Anwuli Chikere of the Federal High Court in Abuja. Rather than tow the path of both the Court of Appeal and the Supreme Court which had decided and rested the case, in what many analysts had considered as a gross abuse of the doctrine of stare decisis, the judge not only entertained the suit, but ordered INEC to include PDP in the rerun election. This development angered the All Progressives Grand Alliance (APGA) and its candidate, Chief Victor Umeh, who swiftly filed an appeal at the Court of Appeal in Abuja. More annoying was the fact that the same Justice Chikere had in four separate judgments in similar cases in Kogi State, upheld the disqualifications of the All Progressives Congress (APC) candidates in elections in the state. But in her judgment, Justice Tinuade Akomolafe Wilson who led a three-man panel of the Appeal Court, dismissed PDP’s preliminary objections challenging APGA and Umeh’s locus standi and the court’s jurisdiction to entertain the suit. She went further to uphold the earlier decision of the Court of Appeal banning PDP from participating in the rerun election and ordered that a re-run election be conducted in the senatorial district within 90 days. In determining the main substance of the appeal, the appellate court relied on the judgment of the Supreme Court. It 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

The CJN, Justice Walter Onnoghen

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 many observers considered Justice Tsoho’s judgment not only as an abuse of the doctrine of stare decisis, but the height of judicial impertinence which they believe the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, must urgently and seriously tackle as the country gradually moves into the build up to the 2019 general election. To confirm the decision of the appellate tribunal which held that Ekwunife was not a product of a valid primary and therefore not duly and legitimately nominated, Senator Annie Okonwko who is in another faction of the party is still in court challenging her recognition as the candidate of the party in 2014 by INEC. Recently, he issued a statement faulting Justice Tsoho’s judgment, saying it was a miscarriage of justice. Even recently, an Abuja High Court held that the PDP faction which nominated Ekwunife did

INEC said the judiciary was in the habit of helping politicians to act with impunity and subvert the electoral process

not hold primary election, leaving everybody to wonder how Obiora Okonkwo emerged as the candidate of the party. Is Justice Tsoho not aware that the same primary election he ruled that Obiora Okonkwo won, another high court in Abuja had asked the PDP headquarters to refund the expression of interest fee and amount paid by an aspirant for the nomination form purchased because the party failed to organise primary election? Many analysts are worried that if a court had ruled that the party did not organise primary in Anambra Central, on what basis did Justice Tsoho hold that Okonkwo won the primary? One elementary rule of Nigeria’s judiciary is that decisions of superior courts are binding on all persons and authorities including all courts with subordinate jurisdiction. But many analysts are worried over the disturbing development in the justice sector where some courts particularly the high courts subvert the principle of stare decisis, one of the most sacred pillars in the administration of justice. On a number of occasions in recent past, superior courts have had to openly lambast lower courts for refusing to treat matters with the seriousness they deserve. They have also come down heavily on lower courts delivering contradictory judgments on matters that are similar in law and in fact. A survey recently conducted by THISDAY revealed that in the last two years, many Nigerians are not satisfied with the way the courts have handled cases pertaining to elections. They wonder if the court is serving other ends than ensuring that litigants obtain justice. Legal pundits who spoke with THISDAY expressed apprehension over the effect of this on the development of law and on the overall

well-being of the society. When a superior court has determined a case, lower courts are barred from reopening the cases. But any more. Some cases which had been handled by superior courts, especially on election matters, find their way back to lower courts, leaving many observers wondering whether these courts are serving other interests than ensuring that litigants obtain justice. So bad has the situation become that INEC recently accused the courts of aiding electoral impunity in the country by refusing to follow the principles laid down by the Supreme Court. In a position paper it submitted to the CJN, INEC said the judiciary was in the habit of helping politicians to act with impunity and subvert the electoral process. It also accused the courts especially the Court of Appeal and the various high courts of deliberately subverting the democratic system by refusing to follow and apply precedent already set by the Supreme Court. It stated that apart from their refusal to apply the authorities already established by the apex court when deciding cases of similar facts, some judges deliberately give orders that were unclear. In the position paper, INEC said: “Where political parties and their candidates are aware of the consequence of non-compliance with any electoral procedure, they will do well to avoid such certain consequence. It is however observed that if the consequence of non-compliance with electoral procedures are subject of conflicting judicial pronouncements, neither the judiciary nor the election management body will be spared of impunity by political actors. Failure of the courts to adhere to the doctrine of stare decisis in the determination of election related cases lead to loss of public confidence in the judiciary and consequential loss of confidence in the electoral process. Such cases have confused stakeholders as they created uncertainty in the body of the law by introducing elements of arbitrariness. “Endless litigation resulting from unclear and ambiguous decisions/orders. Where judgments are delivered without the court making clear orders or consequential orders, interested parties can leverage on the lacunae to make the judgments ineffectual. This, in some cases have created misapprehension and mischief in the polity in terms of enforcement.” It is against this background that INEC asked that its role in the nomination process be strengthened. It therefore asks that: “A variant of the provision in Section 87(9) of the Electoral Act (before amendment) should be re-introduced, thus: - ‘where a political party fails to comply with the provision of the Constitution or this Act in the conduct of the primaries or nomination of any candidate for any election under this act, its candidate shall not be included in the list of nominated candidates for the election.’ This is because INEC is constrained to accept the list submitted by political parties having regard to the proviso to Section 31 of the Electoral Act.” According to the commission, conflicting decisions in election matters can be categorised into: the circumstances where the courts failed to be bound by decisions of superior courts or their own decisions on similar facts; and circumstances where courts of co-ordinate jurisdiction give conflicting decisions/orders on similar set of facts. It stated: “Either of these pose significant problems to the electoral process. Where the courts depart from precedence, it creates uncertainty as to the state of the law and consequence of particular conduct. Where courts of coordinate jurisdiction give conflicting decisions/ orders, it can lead to disobedience of court orders, cause confusion in the polity and to the election management body.” This is why many analysts are urging Justice Tsoho to totally hands off the case in order not to further put the judiciary in disrepute. They also urged INEC to ignore the clamour not to conduct election in the central senatorial district come January 13.

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

17

18

TUESDAY, JANUARY 2, 2018 ˾ T H I S D AY

FEATURES

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

The Navy Rises to the Challenge Chiemelie Ezeobi writes that the recent Exercise Eagle Eye II at the Bonny and Brass waters afforded the Nigerian Navy the opportunity to assess its operational readiness in conducting maritime policing against piracy and other illegalities

Special Boats Services personnel going to the rescue of the hijacked merchant vessel

I

t was at the waters between Bonny and Brass code named 'Area Alpha Juliet' about 30 nautical miles offshore that the pirates struck and hijacked a merchant vessel, taking the crew hostage. The stillness of the waters was broken by the radio for help by the crew of Merchant Vessel Akpororo to Nigerian Navy Ship (NNS) Unity. When alerted, the Special Boats Services (SBS) of the Nigerian Navy were quickly deployed to go to the rescue of the merchant vessel. They were lowered on their speed boat and they quickly sped to the distressed ship despite the waves. Given that it was an opposed boarding because there were hijackers on board, the mother vessel, NNS UNITY commanded by the Commanding Officer, Captain Abolade Ogunleye engaged the pirates in dialogue but they rebuffed his moves. It was when they refused all entreaties that the SBS decided to forcefully board the hijacked vessel. At about 6.56a.m., after the 30mm gun was fired as a warning shot and they still refused to budge, the captain sent operatives of the SBS to forcefully board the opposing vessel. The exercise finished at about 8a.m. and had five pirates shot dead, while two of them were arrested. The SBS team freed 16 of the hostages on board and recovered five weapons. Although the above stated scenario was a simulated exercise onboard NNS UNITY at the just concluded Exercise Eagle Eye II, it was done to assess the navy's performance when it comes to distress call at sea, as well as to afford the navy the opportunity to assess their operational readiness as well as gauge their response time in responding to real life situations. The simulation was one of the high moments of the three-day sea exercise nicknamed Eagle Eye II. The operation involved the deployment of several capital ships, naval helicopters and

patrol boats as part of the Chief of the Naval Staff sea inspection exercise. Meanwhile, observers were watching to note the time frame and response time of the operatives of the SBS onboard NNS Unity. Their observations will be detailed as scores, which is one of the objectives of the CNS sea inspection. About Exercise Eagle Eye II For the exercise, it was a massive deployment of both ships and aerial power of the navy, showing the readiness to improve on its combat position within the limits of available resources and to combat myriads of criminalities and illegalities on the nation's maritime domain Although the Nigerian Navy is constitutionally tasked with the protection of our maritime assets, many challenges hamper its fight against criminality in the nation’s waters. Thus, it was in furtherance to the need to rid the nation of maritime illegalities that the

In recent months, the NN's responses have significantly tackled the negative trend of maritime insecurity and substantially degraded the evil networks of these criminal perpetrators

operation 'Exercise Eagle Eye II', a sea exercise aimed at maintaining professionalism and improving personnel capability, was born in line with the Chief of Naval Staff (CNS), Vice Admiral Ibok Ette Ibas, zero tolerance for maritime illegalities on the nation's waterways. According to the preliminary information released by the Naval Director of Information, Captain Suleiman Dahun, the objective was to assess the readiness and operational state of the NN Fleet and the capability of operation commands in the conduct of riverine and choke point operations. He said the exercise was to demonstrate to the public NN's operational engagements and other efforts to address contemporary challenges within the maritime environment, as well as creating an enabling environment for sustenance of the desired level of hydrocarbon production, safety of shipping and other economic activities in the Niger Delta area and the Economic Exclusive Zone (EEZ) in support of national development. He added that it was expected that at the end of the exercise, investors’ confidence on the security in the Nigerian maritime environment will be strengthened. A formidable fleet at sea For a show of force, it was an impressive fleet deployment of both ships and aerial power of the Nigerian Navy to sea. The entire fleet at sea was a record of 13 ships, two helicopters and 80 boats. According to the Chief of Training and Operations (CTOP) and Officer Conducting the Exercise (OCE), Rear Admiral Bobai, "We have a total of 13 ships, two helicopters and 80 boats for this exercise. The boats were deployed for riverine operations to take care of issues of pipeline vandalism, illegal refineries in the creeks and other criminalities. "This exercise started two days before with the riverine operations and in the next three

days, specialised boats performed certain simulations." The deployed ships were broken into task groups under Task Group (TG) 17.2. For the TG 17.2.1, ships deployed were NNS OHUE, NNS BARAMA, NNS KARADUWA, NNS OKPOKWU, NNS BADAGRY and NNS EKUN. While TG 17.2.2 had NNS OLOGBO, NNS UNITY, NNS OKPABANA and NNS KYANWA, TG 17.2.3 had NNS NWAMBA, NNS OBULA, NNS ZARIA, NNS DORINA and NNS SAGBAMA, just as the TG 17.2.4 had the Naval Flying Unit (NFU) with two helicopters providing aerial coverage. For the TG 17.2.5, it comprised the SBS squad while the TG 17.2.6 had NNS JUBILEE supervise 20 Inshore patrol crafts (IPC), which are small apenal boats that are often deployed from ships to other ships as first buffer platforms. Also on the TG 17.2.7 was the NNS PATHFINDER under which 20 IPCs were also deployed. Additionally, the TG 17.2.8 had NNS SOROH under which another 20 IPCS were deployed as well as TG 17.2.9 with NNS BEECROFT having another 20 IPCS under it. The flag off At the flag off ceremony which was held at the Onne Jetty in Rivers State, the arrival of the guest of honour, the Chief of Naval Staff (CNS), Vice Admiral Ibok Ette Ibas, signaled the beginning of the exercise. Ibas who was received by the Chief of Logistics, Rear Admiral Joseph Oluwole and the Chief of Training and Operations (CTOP), Rear Admiral Ferguson Bobai, quickly went on to address his men before receiving the flag off ensign and later proceeded to shoot the dummy gun used to signal the take off of Exercise Eagle Eye II.

19

Ëž T H I S D AY TUESDAYËœ Í°Ëœ Í°ÍŽÍŻÍś

FEATURES achieve the desired destination in operation alone. Thus, the inclusion of elements of the Nigerian Army (NA) and Nigerian Air Force (NAF) would further consolidate on our ability to operate effectively as one unified force with a common national security objective. "It is pertinent to state that lessons learnt during revolutions, exercises and drills are meant to avoid future pitfalls and improve on efficiency." Earlier, the Chief of Training and Operations (CTOP) and Officer Conducting the Exercise (OCE), Rear Admiral Bobai, who elucidated on the core objectives of the exercise said the exercise was being held between Bonny and Brass waters as a result of threat analysis. He said: "We had a similar exercise last year and at the end of the day, we were able to identify some lapses and so we decided to hold exercise Eagle Eye II to consolidate on the gains recorded last year (2016) and correct the gaps. "Following the trend of events in the maritime domain, it is evident that between the waters of Bonny and Brass, there have been a lot of reportage on issues of attack on shipping, kidnap of sailors and other maritime criminalities. "In a simple threat analysis, we decided to concentrate forces in the areas that have been identified as flash points. Brass to Bonny axis with the abundant oil and gas infrastructure and high traffic of vessels are flash points. That is why we are conducting this exercise in this axis. "We have tried within the year in terms of fleet recapitalisation and renewal so that we would bring together the armada of vessels we have in the navy to conduct this exercise in so many scenarios ranging from protecting FPSOs, flushing out miscreants that have hijacked FPSOs around Brass, the issue of illegal fishing, kidnapping, ships attack and so on. We would play out all these scenarios.

The Chief of Naval Sta, Vice Admiral Ibok Ete Ibas, onboard NNS UNITY

L-R: The FOC Eastern Naval Command, Rear Admiral Victor Adedipe; Chief of Logistics, Rear Admiral Joseph Oluwole; CNS, Vice Admiral Ibas; Chief of Training and Operations, Rear Admiral Ferguson Bobai and FOC Western Naval Command, Rear Admiral Slyvanus Abbah, at the exercise

In his speech, the CNS, Vice Admiral Ibas, said the exercise was designed to assess the operational readiness of the navy to conduct maritime policing including anti-piracy and riverine operations He said the exercise was a conscious effort to consolidate on the gains recorded during last year's (2016), adding that the navy incorporated elements from sister services and would collaborate with other security agencies in intelligence sharing. For the three days the assets were on the high seas, Ibas said they would carry out various simulations in line with prevalent threats in the maritime environment as well as patrol the waterways up to the end of the nation's Exclusive Economic Zone (EEZ). The CNS explained that the operational capability and capacity of the NN had been challenged by these festering insecurity within and around the nation's maritime domain, adding that both kinetic and non-kinetic measures have been adopted to be ahead of the miscreants. He said: "This is with a view to promoting interagency cooperation and collaboration for the enhancement of maritime security in Nigeria and the Gulf of Guinea (GoG) at large. It has been stated in several fora that Nigeria has a high dependence on the maritime environment for economic survival. "Shipping activities, exploitation and exploration of maritime resources as well as use of port facilities have consistently been the main source of the revenue that drives the nation's budget and would be maintaining their significance into the distant future given their indispensability for the nation's economy. "The implication here is therefore not far-

fetched as the nation's maritime environment is evidently strategic to our national survival and the prosperity of the citizens. "The immense potential of the area are however, unfortunately undermined by potent threats in compounding degree and proportion. These threats manifest into diverse natures which are accompanied by devastating effects in plundering revenue losses, ecological damage, environmental degradation, erosion of confidence of stakeholders, malicious damage and sabotage of maritime infrastructure and their profound implication in the incubating role for the many security breaches on land. "There are vices such as piracy, illegal refinery, sea robbery, crude oil theft, sabotage attack on national oil and gas infrastructure both ashore and onshore, illegal unregulated and unreported fishing (IUUF) as well as general foreboding sense of insecurity and economic deprivation in the maritime domain. "In the ensuing situation, the operational capability and capacity of the navy has been challenged by these festering insecurity within and around the nation's maritime domain. "In order to maintain its traction and stay ahead of the miscreants, the service has utilised both kinetic non-kinetic means to checkmate their ignoble activities. "The NN's actions in the past few years to neutralise the threats include activating a number of activities such as Operation Tsare Teku, Choke Point Management and Control Regime with the deployment of House Boats (HB's), reorganisation of capital ships deployment, exploitation of STUFT concept, additional deployment of over 100 riverine boats, IPCs and MDA facilities. "Through a tailored information operation,

the NN has also mounted a strong advocacy for community sensitisation to dissuade and reorient the locals from further involvement in criminal tendencies. "In recent months, the NN's responses have significantly tackled the negative trend of maritime insecurity and substantially degraded the evil networks of these criminal perpetrators. "Notwithstanding the achieved success, the potential for reversal of the gains exists as the militants and the economic saboteurs continue to multiply to pose palpable threats of attacks on Oil and Gas Infrastructure (OGIs), complicit in Crude Oil Theft (COT) and IUUF, among others." Continuing, Ibas said the operation approach to combating the threats would continue to require proactive surveillance and profiling of criminal intentions. He said premium must be placed on innovative synergy with relevant ministries, departments and agencies (MDAs) as well as committed application of "all factors of potency at our disposal to decisively address the insecurity." Charging his lieutenants to stick to planned maintenance systems of vessels, Ibas emphasised that great progress has been made at fleet renewal, training and retraining, logistics provisioning and personnel administration. He said: "It's imperative to establish the same tempo of activities in operational exercises, as a sure way to continually sharpen and gauge material proficiency at tackling our tasks. "Exercise Eagle Eye II is precisely in accord with this given that it seeks to consolidate on our professional capability in countering simulated scenarios, among others. "It is also well known that no one service can

Life at sea With the CNS, several rear admirals, Commodores and captains onboard, it would be safe to say that the Naval headquarters relocated to sea for the period of the exercise. At the flag off were the Chief of Logistics, Rear Admiral Joseph Oluwole; Flag Officers Commanding (FOCs) Western, Eastern Central and Naval Training Commands, Rear Admirals Sylvanus Abbah, Victor Adedipe, Abubakar AlHassan and Obi Ofodile, respectively. Meanwhile, the entire trip was filled with exercises and one of the main exercises at sea was the Gunnex and having maintained the necessary formation, safety measures were taken before the firing took place. For the exercise, the gun, the 50mm gun was used and upon inquiry, it was discovered that the purpose of the exercise was to test the efficiency of the weaponry, to send a signal that the navy does not only bark but bite as well and then as a means of training for the men, seeing that it boosts their efficiency and capacity. Other exercises conducted at sea included communication exercises, man overboard, fire drill, boarding exercises and ship maneuvers amongst others. The post assessment At the end of the exercise, it could safely be said that it will help the naval personnel to be better positioned in tackling crude oil theft and anti illegal bunkering operations, anti kidnapping and anti hostage taking operations, anti illegal fishing and anti marine pollution as well as maritime safety and administration operations. On his candid assessment of the performance of the personnel and fleet used in the exercise, the CTOP expressed optimism that the navy is making progress. Adjudging the exercise as successful, he said the patrol of the nation's maritime domain, especially the backwaters would not falter. Given the huge amount of money expended on the exercise, it's however expected of the navy to go back to the drawing board, having seen its strong points and weakness of personnel and platforms and then build on becoming a stronger force capable of maintaining constant presence at sea and eliminating maritime illegalities to the barest minimum. This is because the exercise afforded the navy the opportunity to assess logistics onboard ships, Nigerian Navy air aspect onboard ships, as well as assess the participating capabilities of the entire fleet.

20

IMAGES

L-R: Governor of Edo State, Mr Godwin Obaseki and his wife, Betsy during the 50th Birthday Thanksgiving Service of Chief Medical Director of the University of Benin Teaching Hospital (UBTH), Dr Darlington Obaseki in Benin City...recently

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×

L-R: Pastor in Charge of Province 23, the Redeemed Christian Church of God, Sola Agunbiade; Assistant Pastor (CSR), Ade Omokorede; Assistant Pastor Mrs Adeoye Ogunleye; National Elder, Pastor Lawrence Oshiyemi and Special Assistant .to the General Overseer.(Missions), Pastor Brown Oyitso, during the commissioning of traďŹƒc signal light donated to Gbagada community by the church, in Lagos recently

L-R: General Manager, GOtv, Akinola Salu; Head, VeriďŹ cations, Alexander Forbes Consulting, Ibilola Akinla and Marketing Manager, GOtv, Chidozie Bede-Nwokoye during the weekly draw of GOtv CHOP LIFE PROMO in Lagos...recently L-R: Commissioner for Sports, Osun State, Mr. Biyi Odunlade; Race Director, Ile Ife Heritage Marathon, Mrs. Adedayo Akinbode; and Chairman, Osun State Athletic Association, Mr. Ademola Adigun, during a press conference on the Ile Ife Heritage Marathon in Osogbo, Osun State ...recently

Former governor of Ogun State, Otunba Gbenga Daniel (left) and Gani Adams during a courtesy visit to Daniel in Shagamu, Ogun State.....recently Police OďŹƒcer’s Wives Association (POWA) led by the Police Commissioners’ wife, Mrs Mary Edgal (4th left) with Matron of Lagos State Old People’s Home, Yaba during the visit of members of POWA to Old people’s home, Yaba...recently

L-R: Chairman/CEO Stanel Group,Mr Stanley Uzochukwu; Obi of Onitsha, His Majesty, Nnaemeka Alfred Achebe; Executive President Nestoil, Dr. Ernest Azudialu; Ooni of Ife; Oba Adeyeye Enitan Ogunwusi and Deputy Governor, Anambra State; Nkem Okeke. at Miss Okija bueaty Pageant held in Okija, Anambra State...recently.

The Ambassador of Nigeria to South Korea, Alhaji Aminu Dalhatu presenting a souvenir to former United Nations Secretary General, Ban Ki Moon in Seoul, South Korea...recently

21

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT

A S

A T

D E C E M B E R

REPO CALL 1-MONTH 3-MONTH

͹˛͜͹ Ͳ˛ͳ͎

Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

2 9 ,

2 0 1 7

S & P INDEX ʹ˛͹͹ ;˛ͳ͜ ͜˛ʹ;

INDEX LEVEL 1-DAY MONTH-TO-DAY QUARTER-TO-DAY YEAR-TO-DAY

EXCHANGE RATE ͹Ͱ͡˛ͯ͡ ͎˛͎͹ ͹˛͎͡ ͯͯ˛ʹʹ Ͱͳ˛͜Ͳ

͹͎ʹ˚ͯ

Quick Takes NIPCO Donates Food Items in Lagos NIPCO Plc has stepped up its corporate philanthropy drive with the donation of food items and drinks to SOS Children’s village, Isolo in Lagos to enhance blissful moments for the children and families in this festive season. The donation, which climaxed the company’s corporate social responsibility (CSR) plans for the year, was part of the organisation’s efforts to put smiles on the inhabitants of the village put in place as far back as 1970 after the gory years of the Nigerian civil war. The Managing Director, NIPCO, Sanjay Teotia affirmed that social investment of this nature was of high premium to the company in view of the beneficiaries who for no fault of theirs have lost contacts with their biological parents. According to him, putting smiles on these category of children’s, whom the village has made to become family not minding their ethno religious sentiments, is of great significance to the company among its plethora of support as part of giving back to the communities we operate and the society at large .

IBEDC Hosts ANED Workshop

CELEBRATING AMODA

L-R: Son of the celebrant, Dr. Seun Amoda; member of Board of Directors, Eko Electricity Distribution Company (EKEDC), Dr. Tunji Olowolafe; Oba of Lagos, Oba Rilwanu Akiolu; celebrant and outgoing Managing Director/CEO, EKEDC, Dr. Oladele Amoda; Chairman, Board of Directors, EKEDC, Mr. Charles Momoh and in-coming MD/CEO, EKEDC, Mr. Adeoye Fadeyibi during the send forth party organised for Amoda in Lagos ‌recently

How Marketers Concealed Ex-Depot Price of Petrol to Avoid DPR Sanctions Ejiofor Alike As the petrol scarcity, which marred Christmas celebrations eases, THISDAY gathered that the ex-depot price of the product, which rose to N146 per litre, at a point, became a top secret known only to a depot owner and willing buyers. The marketers, it was learnt, kept the information among themselves to avoid sanctions by the Department of Petroleum Resources (DPR). Investigations revealed that with the supply shortages experienced in the country, the price of the petrol at the

ENERGY depots became so prohibitive to the extent that it was no longer being published by the few depots that had products. Marketers, who spoke to THISDAY, said at the weekend that the ex-depot prices in each depot were made known to only genuine buyers willing to pay the high price. “At a point, no depot was willing to show you the pricing list unless you were a genuine buyer that was willing to pay the high price. The depot owner must know you and trust you before he shows you the pricing

list, unlike before when the exdepot price in each depot is known to the public for buyers to make their choice,� said one of the marketers. Another marketer said the measure was to avoid DPR’s sledge hammer as the agency had unveiled tough sanctions against sale of product above official price. The ex-depot price had hit N146 per litre in some depots before the pricing was made secret among the dealers. THISDAY gathered that with the product selling above the official ex-depot price of N133.28 per litre, many retail outlets in

Lagos were selling N250 per litre at the weekend. DPR had earlier alleged that some depot owners were selling petrol to unlicensed bulk buyers and some retailers at prices above the approved ex-depot prices. “These actions are clear violations of the Petroleum Act 1969 and extant Regulations and they exacerbate the current supply challenges by bringing unnecessary hardships on the consumers. Sequel to the foregoing, The Department has been sanctioning the erring Continued on page 22

NAMA MD Explains Why Harmattan Haze Disrupts Flight Operations Chinedu Eze The Managing Director of the Nigerian Airspace Management Agency (NAMA), Captain Fola Akinkuotu has said that the Harmattan haze which disrupts fight operations during the end of year and into the New Year could be overcome with collaborative action of indigenous airlines and the agency. Akinkuotu explained that to overcome the challenge of adverse weather like Harmattan haze, there should be facilities that would enable flights to land and take off at low visibility and while NAMA has to install Category three Instrument Landing System (ILS) at the

AVIATION airports. It has already installed Performance Based Navigation (PBN) in at least 18 of Nigeria’s airports but Nigerian carriers, except one, do not have corresponding equipment in their aircraft to make use of the facility, so foreign airlines are the ones enjoying the facility. With PBN, aircraft can take off and land at very low visibility below 800 meters, which is the average current minimum visibility authorised by the Nigerian Civil Aviation Authority (NCAA). PBN when supported by the appropriate navigation

infrastructure defines accuracy, integrity, clarity and functionality of the airspace to enable aircraft land at very low visibility. Every year airlines lose projected revenue of over N2 billion to flight cancellation in December and the disruption of flights due to adverse weather leaves passengers stranded, frustrated, as their flights are delayed or cancelled. �Some of the technology innovations that have come up are things like the PBN. This has also lowered the visibility minimums. We have it in 18 of our airports but as we speak, only the foreign carriers utilise it because of the kind of cor-

responding equipment that they have onboard their airplanes. We have PBN at least in 18 of our airports. Arik Air is the only indigenous carrier that benefits from it. They can fly to lower minimums so long as their pilots are trained. But they have approval to utilise their onboard equipment and use PBN,� Akinkuotu said. The NAMA boss said the agency and the federal government would have to meet certain requirements in order to tame adverse weather in Nigeria’s airspace, including Continued on page 22

The Association of Nigerian Electricity Distributors (ANED) in collaboration with CODIFOR -a non-profit organisation arm of the French Employer Association, recently organised a three-day workshop for heads of human resources of the distribution companies in Nigeria, tagged: ‘Strategic HR and Business Partnering for Improved Customer Experience.’ Guest speaker and resource person at the event, hosted by IBEDC, was General Manager, HRBP for EXCOM - South Africa, Sylvia Mamorare. The focus of the workshop was how to manage HR operations at service points to guarantee superior customer experience. It was reiterated at the workshop that the human element is a major determinant of quality service delivery. This workshop gave an opportunity for DISCOs to benchmark HR processes that deliver responsive, reliable and responsible service to consumers of electricity supply. It is expected that consumers will begin to experience faster complaints resolution time leading to improved relations due to lessons learnt at this high-impact training event. In attendance were HR managers and representatives from Ibadan Electricity Distribution Company (IBEDC host company), Abuja Electricity Distribution Company (AEDC), Benin Electricity Distribution Company (BEDC), Eko Electricity Distribution Plc (EKEDP), Enugu Electricity Distribution Company (EEDC), Ikeja Electric (IE), Jos Electricity Distribution (JED Plc), Kaduna Electric (KE), Kano Electricity Distribution Company (KEDCO) and Port Harcourt Electricity Distribution (PHED).

Brazil Imports More Fuel Brazil was expected to have imported more refined oil products last year than any other since records began in 2000, as state-controlled oil giant Petroleo Brasileiro loses market share to private firms. In the first 11 months of the year, Brazil imported nearly 207 million barrels of refined products, 25 per cent above the same period in 2016 and up from any other full year on record, according to oil regulator ANP. The world’s most indebted oil company lost market share to rivals following a shift the previous year to a policy of following international prices. The move allowed Petrobras, with nearly 100 per cent of Brazil’s refining capacity, to boost revenues even as it started to lose sales to rivals like Raisen and Ipiranga. That convinced the company earlier last year to start shifting prices more quickly, even daily, to keep pace with international ones and avoid pricing above peers.

“If any hoarding is going on in anticipation of fuel price increase, it is a waste of time and a waste of resources – it is not going to happen� Vice President, Prof. Prof. Yemi Osinbajo

22

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

BUSINESSWORLD

NEWS

HOW MARKETERS CONCEALED EX-DEPOT PRICE OF PETROL TO AVOID DPR SANCTIONS

Depot Owners: We Do Not Buy Petrol from NNPC on Credit

operators and wishes to hereby reiterate that the following penalties would be imposed on any operator engaging in illicit acts as applicable,� the agency said. For depots selling petrol to bulk buyers without verifiable retail outlets, the agency impose a fine of N10 million and closure of the erring depot for at least six months, after the products in the depot have been sold off. According to the regulator, marketers who sell petrol above approved ex-depot price shall pay a fine of N20 million, while the DPR would close the erring depot for at least three months. DPR also added that the PPMC shall also exclude the erring depot from coastal supply allocation for at least a period of one calendar year. A fine of N200.00 per litre would also be imposed on the hoarded product and the erring station would be closed for at least six months.

The Depot and Petroleum Products Marketers Association (DAPPMA) has stated that its members do not transact business with the Nigerian National Petroleum Corporation (NNPC) on credit. The Executive Secretary of DAPPMA, Mr. Olufemi Adewole said in a statement at the weekend that the association was not aware of any indebtedness to NNPC by its members. “It is an undisputable fact that DAPPMA members have paid for petrol supply (with bank funds) for over one month, the value of which is in excess of N90 billion, yet PPMC/NNPC had no cargo to allocate to them. As such how can we be held responsible for hoarding?� said Adewole. “We again reject any attempt to blame marketers for the shortfall in supply as it is not our making since NNPC has been the sole importer since October 2017. Marketers have continued to sacrifice to keep the country wet with fuel despite over N600 billion debt owed our members and over N800 billion owed marketers as a whole by the federal government,� he added. The marketers were responding to claims by the NNPC that they are indebted to the corporation to the tune of N26 billion. DAPPMA had said that its members had fully paid the NNPC through its subsidiary,

NAMA MD EXPLAINS WHY HARMATTAN HAZE DISRUPTS FLIGHT OPERATIONS

Harmattan haze and unfavourable weather during the rains. This, he said, would involve provision of infrastructure and equipment at the airports in addition to PBN and other installations aimed at enhancing visibility but the airlines must also have to install corresponding equipment in their aircraft and train their pilots on how to utilise the equipment to fly at very low visibility. He added: “One of the equipment that has been preached a lot is for us to have Category three ILS. We have approval to install Category three ILS in some airports. If we had been cleared by the Due Process Office, we would have installed ILS Category three at the Lagos airport by now. If we had ILS Category three it will bring the given visibility minimum lower and aircraft can land at zero visibility.

Ejiofor Alike

the Pipeline and Products Marketing Company (PPMC) in advance for petroleum products in excess of 500,000 metric tonnes, or about 800 million litres, but that their depots and tank farms were still empty because supplies had not got to them. The marketers had also blamed the unending fuel crisis on the challenges in the Direct Sale Direct Purchase (DSDP) scheme within which it claimed some participants failed in their

deliveries, rising price of petrol in the international market and the high interest rates charged by banks in Nigeria. But the NNPC said in its reply to DAPPMA that while it made efforts to meet their product demands, they still owed it N26.7 billion as at December 21, 2017, adding that based on this, DAPPMA’s claims were unjustifiable and unfounded. “NNPC wishes to affirm that it has supplied appreciable

volume to DAPPMA, Major Marketers Association of Nigeria (MOMAN) and Independent Petroleum Marketers Association of Nigeria (IPMAN) to rid the challenges currently being experienced in the supply and distribution of petroleum products in the country. “NNPC regrets that DAPPMA which members had taken receipts of products from PPMC, a subsidiary of NNPC and owe the company to the tune of N26.7 billion

as at December 21, 2017, has the audacity to indict NNPC unjustifiably,� said the statement from Ughamadu. It added that: “The statement by DAPPMA that the current hiccups in the supply of products was due to the inability of the DSDP partners of NNPC to deliver on their business obligations is unfounded and self-indicting as many of DAPPMA members patronise the same DSDP international counterparts as the corporation.�

ASHON,CSCS SIGN PACT

L-R : Public Relations OďŹƒcer, Association of Stockbroking Houses of Nigeria (ASHON), Mrs. Ify Ejezie, Chairman, ASHON, Mr. Patrick Ezeagu; Managing Director/ Chief Executive OďŹƒcer, Central Securities Clearing House (CSCS) Plc, Mr. Haruna Jalo- Waziri and Ag. CEO, Lagos Commodities Exchange, Mr. Akin Akeredolu-Ale at the signing of Memorandum of Understanding (MoU) between LCE and CSCS in Lagos‌recently.

LCCI Urges National Assembly to Discontinue Consideration of NGO Bill Jonathan Eze The Lagos Chamber of Commerce and Industry [LCCI] has said it is worried over the draft NGO Bill presently under consideration in the National Assembly. It therefore, requested the National Assembly to discontinue the consideration of the bill in the interest of Nigerian democracy, transparency, accountability, inclusiveness, and equity in governance. The contentious bill is for an Act to provide for the establishment of a Non-Governmental Organisations Regulatory Commission for the supervision, coordination, and monitoring of non-governmental organisations,

civil society organisations and for related matters in Nigeria. In a statement sent to THISDAY by LCCI signed by its Director General, Mr. Muda Yusuf, the chamber said that the proposition has far -reaching implications for the advocacy roles and responsibilities of private sector bodies in the country. He said: “The LCCI, which was founded in 1888 [some 129 years ago] has been a leading player in the economic and business policy advocacy space. The Chamber had made valuable inputs into policy conception and formulation processes since the colonial times. Advocacy is a critical component of a virile

democracy. The NGOs and civil society organisations are a stabilising force in the Nigerian polity. They are platforms through which the citizens freely express themselves to promote the cause of inclusion and participation in the democratic process. Many economic, social and political policies have been shaped inputs from NGOs and civil society organisations. The NGO Regulatory Bill is clearly not consistent with democratic ideals and values. “Many important and critical policy reforms were the result of very active advocacy by the private sector bodies. We have seen reforms at sectoral and macroeconomic levels which were outcomes of the unrelent-

ing voice of the Nigerian private sector organisations. “Such reforms have not only benefited the economy, but have impacted the citizens positively. Some of these reforms initiatives are evident in the Telecommunications sector, infrastructure development, interest rate policy and incentives for critical sectors of the economy; the foreign exchange policy; trade policy to advance the interests of domestic investors and many more. The NGO bill [in its present form] will, without doubt, stifle and repress advocacy initiatives of the private sector organisations. “We therefore request the National Assembly to discontinue the consideration of the

bill in the interest of Nigerian democracy, transparency, accountability, inclusiveness and equity in governance. Already there are adequate regulatory and institutional frameworks to make the NGOs and civil Society Organizations accountable and operate within the limits of the law. There is the Companies and Allied Matters Act as well as the Money Laundering Act, which have robust provisions to ensure that the NGOs conduct their affairs in a manner consistent with the Nigerian laws. Besides, donor agencies have strict accountability and transparency systems and processes that guide the utilisation of donor funds by beneficiaries.

Eko Disco: Amoda Retires Out as Fadeyibi Pledges Continuity Ejiofor Alike Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Maritime) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Chineme Okafor (Energy) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)

The Managing Director and Chief Executive Officer, Eko Electricity Distribution Company, Dr. Oladele Amoda has retired after over three decades in the power sector. He has handed over to Mr. Adeoye Fadeyibi as the new CEO, who has pledged to continue the good works initiated by Amoda until the company provides 24 hours of power supply to its customers. Speaking during the formal handover ceremony at the company’s head office in Lagos at the weekend, Amoda recalled that his journey in the power sector started in 1983 when he

joined the then National Electric Power Authority (NEPA). Amoda noted that his interview for the NEPA job started in Ilorin, Kwara State and was concluded at the Eko Disco head office building where he coincidentally ended his career. Amoda said his experience in Eko Disco in the past four years after the privatisation and transfer of ownership of the company to new core investors had been very rewarding. “My greatest achievement has been my ability to lead a management team and workforce who have consistently performed better than most of the other Discos in spite of daunting challenges. Under

my watch, we ensured that the company continuously sustained its leadership position in the distribution sub-sector of the Nigerian power supply industry,� Amoda said. According to him, other achievements included the implementation of EMS 2000 centralised billing system, centralised salary payment system, expanded channels of payment (electronic collection) from three to seven, network rehabilitation, reinforcement and expansion projects on transformers, smart metering and embedded and bilateral power projects. “Now, after three and half years in the Nigerian electricity supply industry as a paid

worker in the power sector, the time to move on to another plain of life has come. The time has come for me to pass the baton on so the race for excellence in Eko Disco can continue from where I stop. I will forever long to see this company grow from strength to strength and success to success. It is my deep-rooted wish that the mustard seed that we have all jointly sown for the company’s greatness will grow and blossom to full fruition for all to envy and admire,� Amoda added. In his speech, Fadeyibi acknowledged that for close to four decades, Amoda gave his whole and all to the power industry.

“The golden story, it needs be emphasised, is still work in progress. It is a story we and generations to come will be proud of. It is a story that will be fully told, if we do our part and we light up our operational territory 24/7, when we achieve record low level of ATT&C losses, when optimal customer satisfaction and service delivery is attained, when we clean up our network, when business profitability is sustained and the dreams of all stakeholders come true. When that time comes, sacrifices and commitment of the likes of Amoda will form a notable chapter in the story. We must be ready to bring the golden story,� Fadeyibi said.

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

23

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

24

BUSINESSWORLD

ENERGY

Osinbajo: Citizens Will Not Suffer Pain of Fuel Price Increase As the acute scarcity of petrol marred the yuletide season, Vice-President Yemi Osinbajo took time off on Christmas Day to monitor the fuel situation in some depots in Lagos, where he spoke with select journalists on the federal government’s efforts to ensure that the supply disruptions would not happen in future. Ejiofor Alike brings the excerpts: Why this sudden visit to some depots in Lagos on a Christmas Day? We are here holding a meeting with the major marketers. As you have seen, everyone is at work today, trying to ensure that the petrol queues are quickly eliminated. We are trying to look at some of the issues and what needs to be done to ensure that things move quickly. Mr. President, as you know, had tried to see how exactly he could work on the problems that we have been experiencing and how to very quickly clear up the queues and ensure that everyone is able to have a happy holiday. That is exactly why we are here today. The Group Managing Director of NNPC is also in Abuja; and I am here with the Petroleum Minister, trying to take a look at what the problems of the marketers are that hinder petrol from getting to filling stations across the country. We had a very good meeting and I hope that in the next couple of days, we will be able to resolve this petrol queues and bring this rather sad episode to an end as quickly as possible. In the course of your meeting with the major marketers, what were the issues that you discovered as the major causes of this current scarcity? I think that going by what we have seen, there is what is called winter deliveries. Towards the end of the year, the premium goes up – the cost of fuel goes up in many parts of the world – those who are importing. Obviously, that gave rise to problems for those who are bringing in products. We had one or two short deliveries by the importers and that accounted for some of the problems. Of course, once you have any kind of disruptions, immediately, you begin to see hoarding; you begin to see panic-buying and all of that. Clearly, what has happened here is that on account of some of these short deliveries, we experienced hoarding, panic-buying and disruptions. So, those are largely the issues. Of course, we are also trying to ensure that these sorts of disruptions won’t happen in the future and that is one of the reasons why we are spending quite a bit of time to look at some of the issues. There are some filling stations that have products but refused to sell to the public and this has worsened the situation. What is the government doing to ensure that those who have product dispense to the public? I think, first of all is to understand that – and I just tried to explain that part of the reason why you find these disruptions at the end of the year is because of what we described as winter phenomenon, where prices of petroleum products go up higherin the winter month in many parts of the world, obviously because of the places where we are getting the petrol from and the situations out there at this time. There is a premium on products. That is why, usually it happens at the end of the year, but if you notice, it didn’t happen last year at all. We had a very smooth December 2016; there was no disruption whatsoever; it all went very smoothly. So, we can actually take care of those situations. It is when you have a problem; when you have a disruption that you usually would find the hoarding. That is what you are seeing today. We are seeing quite a bit of hoarding and the Department of Petroleum Resources (DPR) has been going round the stations trying to regulate that and, in some cases, have to close down the stations and force the petrol stations to continue to sell. So, really all that can be done is regulation, and more enforcement by the DPR, which is what the DPR has attempted to do. But l think that the ultimate solution as you probably understand, is to have adequate supply going

Osinbajo everywhere. Once you have adequate supply everywhere, the hoarding will stop and the disruption will stop. The information out there in the social media is that there is clandestine plan by the marketers to increase fuel price and that the government is struggling to ensure that the marketers do not have their way. Could you please tell us the real position? Are we expecting an increase in fuel price? No! Let me tell you; we are certainly not expecting to increase fuel prices at all. The government has absolutely no intention of increasing fuel prices. That’s it. There is no intention whatsoever. As you rightly observed, there is a shortfall in supply and that is what triggered the crisis. We understand that the NNPC is the sole importer but it is on record that the country suffered acute petrol shortages each time

NNPC has been importing and they have been doing a very good job because we didn’t have a shortage in October and we did not have a shortage in November; it is only in December that we had a disruption

NNPC assumed the sole importer because they could not bridge the supply gap created by the inability of the marketers to import. So, what are you doing as a government to encourage the private marketers to resume importation? First let me explain that - and you are right that the NNPC is doing most of the importation. But don’t forget that NNPC also relies on the independent marketers and, in some cases, the International Oil Companies (IOCs), to bring in the fuel. NNPC itself does not go and do the deals, as it were. So, it really does rely on the marketers to bring in the fuel on a contract basis. What the independent marketers would rather do is to bring in their own products. So, that is another issue, because we have to look at the pricing as well and we have to be sure that we are able to deal with the issues of pricing. I think that over time - in fact, if you look at the past few months, NNPC has been importing and they have been doing a very good job because we didn’t have a shortage in October and we did not have a shortage in November; it is only in December that we had a disruption. So, l think it is fair to say that NNPC did a very good job of its importation all the way up to when we have this winter disruption. I think they can, but of course, in the long term, we are going to be reviewing some of these issues and we are going to take a look at how it is that a better balance can be struck. I think the fair thing to say though is that all the way up to the past couple of weeks, NNPC has done an excellent job, and it was actually importing most of the products. I think, obviously, we have to keep fine-tuning and we have to keep reviewing to be sure that we are doing the best that is possible in the circumstances. But l think that for the government, one of our most important objectives is to ensure that the average citizen is not again put through the pain of an increase in fuel price. That is a very important objective for government. And we have to keep creating that balance, and

we will ensure that we create that balance. We know that crude price is high and definitely, we know that there will be a need to increase the price of fuel because the marketers will not be able to bring products and hoarding will persist. What are you doing to deregulate the sector? I have just answered that. There is no point repeating it. We are not increasing fuel prices. If any hoarding is going on in anticipation of fuel price increase, it is a waste of time and a waste of resources – it is not going to happen. So, let us not even go there. A recent statement attributed to the Group Managing Director of NNPC, Dr. Maikanti Baru had revealed that the landing cost of petrol had risen and going by the volume of petrol imported by the NNPC in September 2017, the corporation incurred a subsidy of N23 billion. So, who actually bears this costof subsidy? Obviously, the cost of fuel- if NNPC imports, NNPC bears the cost today. It is as simple as that. NNPC bears the cost. ‌Considering that there is no budgetary allocation for subsidy by the federal government? No! No! No! NNPC is trading in fuel. NNPC is trading in fuel. So, the federal government is not at the moment paying for any subsidy. NNPC is trading; if you are buying and selling fuel, you will have to be able to pay for it. So, it is not a question of government provision for subsidy. Government at the moment – that is the federal government, is not paying any subsidy. But NNPC is trading. If NNPC buys fuel - and don’t forget that the way the NNPC trades is that in many cases, NNPC is actually given 445,000 barrels of crude per day to exchange for petroleum products. Really, what you are seeing in many cases is more or less an exchange for petrol. So, at the moment NNPC is paying the cost.

25

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

Kachikwu: Why Non-oil Sector Should be Encouraged The immediate past Chairman, Lagos Chamber of Commerce and Industry, Small and Medium Scale Enterprise Group, John Kachikwu, speaks on the challenges facing the small scale enterprises and urged government to pay more attention to the non-oil sector. Jonathan Eze brings the excerpts: In the proposed 2018 budget, President Muhammadu Buhari said the Nigerian economy is fully diversified with non-oil sector accounting for over 90 per cent of total nominal GDP. Is it true considering the economic realities? Well, to a large extent that is what it supposed to be because the non-oil sector needs to be encouraged to participate immensely towards Nigeria’s economic development. But then, government is doing something better now in that area. I can say it is much better now than what it used to be in that sector. Because before now, when you repatriate your forex, for you to access it, it was always a difficult situation and if at all you are able to penetrate the bank, the bank will buy it at N315. But now, when you repatriate your export proceeds you can now sell at N360. So now it is very encouraging for exporters even though we don’t have access to the dollar, but at least, the exchange rate used is quiet encouraging. Probably this is why government is projecting 90 per cent for non-oil sector. But the truth is that they are being over ambitious by projecting up to 90 per cent for non- oil sector contribution to the GDP. As OPS, we can say the non -oil sector is currently contributing between 65 per cent or 70 per cent to the GDP. Anyway, it’s a budget Kachikwu so it is expected since they want to aim high. But the variable available to us shows between us, its quiet encouraging if the federal government 65 per cent or 70 per cent for the non-oil sector under the Nigerian Export Promotion Council (NEPC) can implement this new policy in time. of the Nigerian economy. So it is quite encouraging for exporters because Are exporters still repatriating their export by given us that grant definitely MSMEs will proceeds through the commercial banks? If now grow faster than before that we had to source money from the bank at 30 per cent or 35 so, what are the challenges? Of course, through the commercial banks but per cent interest rate. This is quite encouraging the commercial banks will now return it to we are just waiting for the implementation. the CBN. So it’s still ongoing at the moment. You know that putting this policy in place is But now, it’s more stable in the forex market not the issue but rather the implementation compared to how it used to be in the past process is what matters most. when scarcity of dollar hit the forex market. We are happy with what is happening in the forex What is your assessment on the current EEG market and kudos to the CBN for continuing in the non-oil export market? The new policy on EEG is quite encouraging interfering in the forex market. for the Nigerian economy because it is going Controversy is trailing the federal government to increase the export earning of the federal (FG)’s tax holiday waivers given to investing government and also encourage exporters to do firms, including pioneer status incentive (PSI). more. So many of us are now going to expand Do you think the waivers are necessary at in our businesses. For instance, in the past, we used to export one container every month this period? Tax waiver is similar to what the former Head but now, we are exporting like three or four of State, USA, President Barack Obama did containers since about three or four months some few years back when he stimulated the back. We have been exporting these loads of US economy by encouraging manufacturing containers amid the new EEG policy. However, firms and also given them money to run their we have not benefitted directly but with the factories. Let me tell you, Nigerian government encouraging words coming out from NEPC, is not giving out money to manufacturers here based on the various circular released and other but the tax waiver is a way of encouraging important things that they have been sending these blue chip firms like Dangote, Flourmills, to us, it is quite encouraging and we are hoping Unilever, for their contributions to the country’s that if the policy is well implemented then more economic development for decades. There is people will go into export and you know what definitely need for government to encourage that means to the country and oureconomy. private sector and what they are doing is good for our economy because I don’t see anything Do you support the initiative to restructure the wrong in that tax waiver at all. The waiver is EEG as a tax credit system? If so, how much good and is just to encourage tax holidays being do you think Nigeria can generate through giving to investors that are coming to invest in this initiative? Nigeria. So I think the government’s tax holiday Ideally, the tax credit system being planned is policy is in the right direction and need to be not going to be favourable to the SMEs operaencouraged because that policy is good since tors in the country. But obviously for the big it was meant to encourage the private sector. players like Olam, Dangote and co who would benefit immensely from it. For instance, Olam Recently, the federal government released some is just a single firm. But when you are talking amount for the settlement of claims on Export about SMEs that are into export you are looking Expansion Grant (EEG) for exporters. Do you at thousands. So it is better to encourage the think this intervention has brought succour thousands of SMEs than encouraging only one single entity. So that tax credit will not to the non-oil export market? Yes, to a large extent, because before now, most be favourable for the SMEs and I am speaking of us in the export of goods, if you get to our authoritatively as the chairman of SMEs Group factories today, you will see the level of expansion of the LCCI, so anything that will benefit the and this is attributed to the EEG. Although SMEs when we are talking about export is what we have not benefitted for now, but we have I will definitely support any day any time. So already submitted our application forms to the the proposed tax credit system conversion of government and from the information reaching the EEG is not going to be favourable and work

Marine Transport investigation on the activities of some private sector operators because we have lost so much money in this particular sector, you can imagine up to to N30 trillion, so it’s not a joke! The truth is that under their oversight function, if they are able to scrutinise most of these alleged companies found culpable in this N30 trillion scam by recovering this money from them obviously, that would go a long way in sanitising the economy and also increase our foreign reserve. Because most of these things occurred in the forex market and some of them are in the oil and gas sector where they were given waivers to operate. So we should just pray that they can do it that is the most important thing. Do they have the capacity to deliver? Do they have the will power to cleanse the system? If they do, obviously, it would go a long way in helping the economy.

for SMEs. It is not a good policy since it won’t encourage SMEs that are into export. If so, have you made a case to the Federal Ministry of Industry, Trade and Investment of the stoppage of the proposed tax credit? Yes, of course, there was a communiquÊ after our last meeting which we have already presented on the matter, so we are hoping that government will look into it for the sake of the SMEs sector. Do you think the CBN’s 60 per cent concessionary forex allocation to the manufacturing sector for raw materials and machinery importation is strictly and judiciously being implemented to the satisfaction of the OPS? Yes, I must be very honest with you based on what is on the ground right now and from the economic perspectives, this CBN’s 60 per cent forex allocation for raw materials and machinery importation has tremendously improved the hardship that the manufacturing sector went through since the past three or four years now. Right now, many of these manufacturing firms are having access to forex compared to what it used to be in the past. We are very happy that this has eased the hardships that manufacturers in the sector have been going through for years. So we hope that government will sustain this policy because it’s quite encouraging. You can see that many of the companies are now operating at 65 per cent or 70 per cent installed capacity, which is quiet encouraging. Also, could you say that the CBN’s forex policy has restored back some ailing manufacturing firms in the country? Yes. For those that left they are coming back gradually into the country while for those that are here and about to close down, they are now coming back fully and the effect of this policy would not be seen until the first quarter of 2018. That is when it will be very clear that the Nigerian economy has bounced back. Then Nigerians will equally see that we are out of the recession economically. Recently, the Senate Committee on Customs, Excise and Tariff and Marine Transport disclosed that it would publish the names of 60 firms found culpable in the investigation into the alleged N30tr revenue scam in the import and export value chain against the OPS’ stance. Won’t this affect the economy and FDI inflow? I must say that I am encouraged by this Senate Committee on Customs, Excise and Tariff and

What can you say about the high level of corruption in the private sector? That is the reason why I asked the question that do they have the capacity (will power) to do it. Because when you are talking about corruption in the country if you don’t have the will power, corruption comes to stay. The fear in the minds of millions of Nigerians on this Senate Committee is that nothing would come out positively at the end of the day after they would have compromised. So we just praying that the Senate Committee on Transport and Marine would not compromise along the line because Nigerians are watching this drama with keen interest. Recently Nigeria refused to sign the ECOWAS single currency including the Common External Tariff (CET). What are the economic implications since we are key signatory to regional market integration in West Africa (WA)? I will like to refer you to the European Union (EU) on the recent step taken on Britain’s Brexit. If you remember the EU countries when they are about to have Euro, British pulled out and many of the EU countries were against Britain but for the fact that the kind of economy British has, they were unperturbed. So, coming back to our own ECOWAS treaty, we are aware that Nigeria signed the treaty quite all right, but you know the implication of Nigeria signing this treaty for this common currency, it would definitely affect us, because the WA countries would now floor Nigeria with different consumable goods. For the kind of economy we have right now that is not feasible because it would definitely have negative impact on our unemployment rate. So the Federal Government has done well for not signing that treaty- common currency for now until the economy stabilizes. By the time it’s stabilizes, we can now think about signing the treaty. But for now, it is not going to be favourable for us economically. So it was a good one that they do not sign it. So I give kudos to the President Muhammadu Buhari for rejecting it. Amid the effects of multiple levies charged by government agencies on operating firms in Nigeria, are you in support of FG streamlining them? Yes, I think it is a good policy. Again, if they (government) can streamline these agencies, It will be good to see a one-stop shop agency for the SMEs and manufacturing sector in Nigeria because right now, this multiple taxation is obviously affecting most of our members. It is affecting the SMEs because this people are trying to find their rhythm at the moment amid recession. You know they have to take care of so many bills such as security, lights and other things and ironically, when one agency come with a levy and even before you finish that, another one comes in to you.

26

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

BUSINESSWORLD

NEWS

NITDA, Microsoft Partner to Boost ICT Innovation, Adoption Stories by Emma Okonji The National Information Technology Development Agency (NITDA) and Microsoft Nigeria, have signed a Memorandum of Understanding (MoU) to strengthen information and communications technology (ICT) innovation and adoption in the country. The partnership will see both NITDA and Microsoft collaborate in ICT development and innovation in Nigeria, particularly in the areas of cloud policies, data protection and privacy laws and data classification frameworks. NITDA mandate is to create a framework for the planning, research, development, standardisation, application, coordination, monitoring, evaluation and regulation of information technology(IT) practices in Nigeria. The Nigerian government’s priorities include

anti-corruption drive, security, private sector led economic growth and job creation, youth training and skills development. Technology will be at the heart of driving and building a digital economy which will bring these priorities to fruition. Speaking on the collaboration, Director-General/CEO, NITDA, Dr. Isa Ibrahim Pantami, said: “We are delighted to collaborate with Microsoft as regulators, our mandate is to create the right policies that foster innovation and help build a robust digital economy. Nigeria is a forward-thinking economy and one which is ready to compete in the 4th industrial revolution by having policies which drive growth and encourage investments.� He further added, “This is a positive move towards digitalisation of government processes and provides a

tremendous opportunity to scale up citizen’s access to services and concurrently improve the quality of services.� The General Manager Microsoft Nigeria, Akin Banuso said: ‘‘We are excited to collaborate with NITDA. Microsoft is com-

mitted to providing technology you can trust; we have been actively involved in discussions with governments around the world to digitally transform and are also frequently asked by governments to identify best practices for moving to the

cloud. We are honoured to be able to work with the Nigerian government on this framework.� According to him, the collaboration would aim to foster detailed discussions of recent regulatory and policy development, including global

best practices, to create cloud regulatory frameworks appropriate for driving innovation and improve how the public sector operates and delivers citizen services. NITDA and Microsoft agreed to set up a joint working group for the collaboration.

Visa Introduces Next Level Payments Innovation Global leader in payments, Visa, has announced a range of advanced sensory elements, to support the Visa brand when customers make transactions through connected, paymentenabled devices. The new sound, animations and mobile vibrations, will accompany real time notifications, when customers complete a transaction whether online or at a merchant location. Through the sensory branding, Visa is bringing movement and energy to the payment industry in Nigeria with a mix of sound, animation and vibrations, which will ensure customers’ experience a feeling of speed, trust, security and convenience when a transaction is completed. The innovative new technology, will be officially launched at Visa’s global campaign ahead of the 2018 Winter Olympics Games in Pyeong Chang, South Korea. According to the Country Manager Visa Nigeria, Oluwakemi Okunsanya, “As new payment experiences continue to shape the world, Nigeria is fast becoming a country where digital transactions is constantly explored by customers every

day. “Payments have become seamless and Visa customers need to be reassured that each completed transaction is secure even in an environment where a Visa logo is not visible. Our range of sound, animation and vibrations will give customers the assurances they want every time they complete a transaction using Visa products. The sensory branding elements will be used in a combination of entirely new channels as well as existing payment platforms.� “On the value of sensory branding, extensive consumer research was conducted by Visa in eight countries, to understand the impact and perception of consumers towards payments. Visa found out that sensory branding portrays a feeling of happiness, excitement and fulfillment when exposed to customers. Merchants, POS hardware vendors, technology companies and issuers in Nigeria will be able to incorporate these branding elements to their digitally connected devices and payment platforms,� Okunsanya said.

e.Stream Networks NiRA on AFRINIC-27 e.Stream Networks partnered the Nigerian Internet Registration Agency (NiRA) as the Official Connectivity Sponsor for the African Network Information Centre (AFRINIC) – 27 Meeting, which held in Lagos recently, to boost internet connectivity. AFRINIC- 27 Meeting is an avenue for internet professionals and organisations to meet and discuss policies governing internet number resource distribution in the African region, and share technical knowledge. The AFRINIC is the Regional Internet Registry (RIR) for Africa. It is responsible for the distribution and management of Internet number resources - IP address space (IPv4 and IPv6) and Autonomous System Numbers (ASNs) - in its service region, which includes Africa and the Indian Ocean region.

Partners

The growth of the Internet in Africa brings both opportunities and challenges. While economic growth and education are on the rise, there are still slow connections, un-relatable content. As Official Connectivity Sponsor for AFRINIC – 27 Meeting - members, invited guests and exhibitors were given free internet access to aid their participation and enable them experience the quality of e.Stream Networks’ service. The Managing Director of e.Stream Networks, Mr. Muyiwa Ogungboye, said: eStream is proud to support and contribute its quota to the development of internet technology and efficient distribution of Internet number resources to the African Internet community, we are glad to be partnering with NiRA for this meeting.

DISCUSSING THE CAPITAL MARKET

L-R: Coordinating Director, Operations, Securities and Exchange Commission (SEC), Mary Uduk, Chairman Senate Committee on Capital Market, Mustapha Bukar, Acting Director General, SEC Dr. Abdul Zubair and Coordinating Director, Corporate Services during a meeting between members of the committee and SEC in Abuja‌recently.

US Launches Digital Hub for Persons with Disabilities The Acting United States Consul General, Darcy Zotter on Tuesday in Lagos, reiterated the commitment of the US Embassy to support any initiative that would enhance technology skills development for persons with disabilities. Zotter restated the commitment, when she unveiled a disability-friendly digital hub, hosted at the Lagos office of the Joint National Association of Persons with Disabilities (JONAPWD). A Nigerian civic organisation, Project Enable, set up the digital hub with the support of the US Government Alumni Engagement Innovation Fund of $25, 000. The United States Consulate General in Lagos also provided additional funding of $4,401 to keep the digital hub running. Speaking at the formal opening of the digital hub, Zotter explained that promoting disability rights is an integral part of promotion of human rights. She added that discrimination against people with disabilities is not only unjust but hinders economic development and limits democracy and social cohesion. “We are happy to identify with this initiative which seeks to promote the empowerment and social inclusion of persons living with disabilities in Nigeria. Through this technology and entrepreneurship hub, over 250 people with disabilities will have free access to inclusive technology. “An additional 20 young persons with disabilities will be trained and mentored in various technology-based skills at the hub,� Zotter said. The technology and entrepreneurship hub seeks to promote the empowerment and

social inclusion of persons with disabilities. It will provide volunteer opportunities to young people with disabilities while serving as a center for their continuous development in entrepreneurship.

Director, Project Enable, Mr. Olusola Owonikoko, a 2016 Mandela Washington Fellow and 2014 Fellow of the Carrington Youth Fellowship Initiative (CYFI), said the collaborative initiative would help to equip people with disabilities

with technology skills that will help them contribute to nation development. Some of the persons with disabilities thanked the US government for giving them the opportunity to acquire technology skills.

T H I S D AY Ëž Ëœ Í°Ëœ Í°ÍŽÍŻÍś

27

Impact of Investors’ & Exporters’ FX Window Arize Nwobu highlights the impact of the Investors’ and Exporters’ FX window created by the CBN on the equities and foreign exchange market The impact of the Investors’ and Exporters’ (I&E) FX Window, created by the Central Bank of Nigeria(CBN), on both the FX market and stock market has been positive and magical, which demonstrates how innovative financing ideas can generate energetic inflows into the financial system and economy towards spurring growth . Innovation, the core of entrepreneurship, is one of the four major factors necessary for economic growth and transformation; others being, infrastructure, education and technology. Economies that fail to transform themselves will fall off the path of growth, as noted by Peter Howitt. The Nigerian economy fell off the path of growth in 2016. As a mono-product economy which has been factor-driven for 57 years, the economy is more prone to shocks in a globalized economy with changing perspectives. The Nigerian economy need to be diversified, with more innovative monetary and fiscal policies, financial products, and a greater tilt to a market-based financing system, in addition to other innovative ideas that could spring from deep systems thinking and powered by technology to engender growth and rapid transformation. The I&E Window was established in April 2017, ‘’to boost liquidity in the FX market and ensure timely execution and settlement for eligible transactions as stipulated by CBN. The operating modality is on a willing buyer, willing seller basis. The exchange rates of the transactions are as agreed between authourised dealers and their counterparties, which engender transparency and liquidity. Eligible transactions to access the Window are, Invisible Transactions (excluding International Airlines Ticket Sales Remittances), Bills for Collection, and Any other trade-related payment obligations(at the instance of the customer). The Invisible Transactions include, capital repatriation, loan repayments, loan interest payment, dividends/income remittances and consultancy fees. Others are, software subscription fees, technology transfer agreement agreements, personal home remittances and other such other eligible invisible transactions including ‘Miscellaneous Payments’ as detailed under Memorandum of the CBN Foreign Exchange Manual. The permitted Invisible Transactions and Bill for Collection are eligible to purchase US Dollars sourced from CBN FX Window to Secondary Market Intervention Sales(SMIS) Wholesale(Spot and Forwards) only. In a circular, dated April 25, 2017, CBN noted that, ‘’supply of foreign currency to the Window shall be through portfolio investors, exporters, authourised dealers and other parties with foreign currency to exchange Naira. The CBN shall also be a market participant at this Window to promote liquidity and professional market conduct.’’ Prior to the establishment of the Window, the economy had cooled off and plunged into recession in August 2016, when the National Bureau of Statistics (NBS) reported that GDP

Godwin EmeďŹ ele, CBN Governor dipped by 2.06 per cent for the second quarter in 2016. Recession is characterised by business cycle contraction and general slowdown of economic activities with drop in outputs, rising unemployment and more borrowing by government. Major factors that contribute to the recession include a drastic fall in global oil price, depletion of external reserves and flight of foreign investors. As a result, dollar became scarce and many factories either shut down completely or operated at suboptimal capacity. The development triggered a gale of downsizing across subsectors of the economy, including banks. And, in turn, dollar scarcity fuelled massive speculative trading on the green back which contributed to plunged Naira to an all time low of N590/$1. The establishment of I&E Window offered a panacea in the maze. In six months of its establishment, between May and October, 2017, the Window, reportedly attracted an inflow of $10 billion, and $20 billion to date. The Window reenergized the FX Market and production and the PMI has since been looking up, steadily. CBN has continued to sustain dollar supply on the back of increasing external reserves which increased to $33 billion in October, 2017, from $23 billion in October 2016, and

Russel Smith Partner 4Subsea to Deliver Asset Optimisation Russel Smith Nigeria has sealed a technical partnership with Norwegian company 4Subsea to collaboratively deliver subsea solutions by combining engineering competence, experience and technologies for effectively ensuring the lifespan of subsea assets. 4Subsea is a global leader in the provision of innovative, cost-effective subsea asset integrity management technologies with operations in several countries. 4Subsea’s areas of expertise include; flexible risers and flowlines, well intervention and drilling, digitization, sensor technology and offshore wind. This partnership will see

RusselSmith improve its monitoring and repair services for flexible pipes, umbilicals and ancillaries. Of particular note is 4Subsea’s Portable Annulus Tester (PATTM), a field-proven product that automates integrity testing of flexible risers, and which will be fully available to customers in the Nigerian Oil and Gas Industry as a result of this partnership. This alliance further reinforces RusselSmith’s commitment to providing innovative solutions and technologies in its subsea asset integrity management business division to its customers. According to RusselSmith’s

Senior Executive Vice President, Kayode Adeleke, “We are very pleased to announce this strategic partnership with 4Subsea. The partnership will improve our service delivery and drive greater customer success as we continue to create more value in the Nigerian Oil and Gas Industry by delivering quality services and building local capacity�. “We are excited about building a partnership with RusselSmith, whose experience and capabilities are important factors in ensuring life extension of subsea assets in West Africa�, says Peter Jenkins, CEO of 4Subsea.

is projected to hit $40 billion in 2018. The impact of I&E Window also resonated at the stock market. In a typical demonstration of its intrinsic nature as an information-driven market, the stock market reacted positively and powerfully even ahead of the establishment of the Window. The market, which, reportedly, had been bearish for five days became bullish on the news of the pending establishment of the Window, and wiped off a seven day trading loss with an additional traded value of N294 billion across all sectors. Stakeholders have commended the positive impact of the Window on the economy. The Lagos Chamber of Commerce (LCCI), in its Q3 review of the economy, noted that, ‘’CBN has been consistent in its intervention in the FX market. This has helped to reduce exchange rate volatility over the last two quarters. With the intervention, we have seen improved liquidity of forex and stability of naira against the dollar. Confidence is gradually returning to the market and we hope that this would be sustained.’’ And, in a report released in October, 2017, the World Bank, noted that ‘’government must sustain the regime of the free flow of foreign exchange into the economy through the newly

established Investors’ and Exporters’ Window, which has helped to resolve the challenges of foreign exchange scarcity with flows into the economy through the Window in excess of $7 billion.’’ The economy exited recession in Q2, 2017, with a fragile growth of 0.55 per cent, Yearon- Year in real terms, which is 2.04 per cent higher than the corresponding quarter in 2016(-1.49 per cent). The World Bank noted that the recovery was on the back of improving global conditions, including surging capital flows and rising energy. On the outlook, the Bank projected that the Nigerian economy would grow at a modest rate of one per cent in 2018, and South Africa by 1.5 per cent, against sub-Saharan Africa’s estimate of 3.2 per cent in 2018 and 3.5 per cent in 2019. It further noted that ‘’most African countries must pay attention to skills-building through smarter investments in foundational skills for children, youth and adults and leverage spending to achieve better learning outcomes to enhance productivity growth, inclusion, and adaptability of Africa’s workers to the demands of today’s markets and those of the future.’’

CitiServe Introduces OrangeBox Retail Platform to Merchants Citiserve has introduced its new innovative distribution platform to its merchants at its quarterly merchant congress. By holding its merchant congress, Citiserve, as a company devoted to pushing the cashless Nigeria initiative, creates an opportunity for its merchants to give feedback on its services, the industry initiatives, and get suggestions from the frontline on how to enhance the cashless Nigeria initiative. The merchant congress creates a comfortable environment for the merchants to talk about their concerns on payments and the payment value chain in general.

Citiserve also used the opportunity to introduce the merchants to its new value proposition- the OrangeBox retail platform. The OrangeBo Retail platform is an innovative digital distribution platform that creates and delivers value to the last mile by providing income opportunities in the sale of e-products as well as physical products via the OrangeBox point-of-sales (PoS) device to the consumer. This platform leverages on the OrangeBox PoS which is a merchant device with a wallet system that accepts card and cash payments and transactions

respectively. The platform is flexible and adaptable with a human face. It also gives all merchants that have the Orangebox, the opportunity to enhance their income through the sale of e-products and Physical products. The platform with over 49,000 OrangeBoxes pan-Nigeria offers product owners a deep and penetrating distribution channel delivering availability, accessibility and increased profit. Its range of product include Airtime, Pay/cable TV, Power/ utility bills (token), Lottery, Internet, Insurance, Money Transfer and much more.

A

WEEKLY PULL-OUT

'NIGERIA OPERATES A FAKE FEDERAL CONSTITUTION'

02.01.2018

Chief Wole Olanipekun, SAN

2/DASHBOARD

02.01.2018

When the Court can Justifiably Award Relief(s) not Claimed by a Party PAGE 4

Perchstone & Graeys Bags Presidential Award for Ease of Doing Business PAGE 5

Lagos Chief Judge Unveils Her Commitment Statement Banner in More Court Premises PAGE 5

Lawyers Present Car, Wheel Chair to Physically Challenged Colleague PAGE 5

QUOTABLES ‘Let us admit that NNPC does not have the capacity to import and distribute fuel itself.....the NNPC are not telling Nigerians the truth.’ – Festus Keyamo, SAN

‘Law Practice is Not for Gold-Diggers’ PAGE 6

‘The Commission is determined to ensure that no one who steals our common patrimony, however highly placed or connected, is allowed to go scot free. The situation where persons invested with public trust abuse their positions, and then seek to evade justice by erecting barricades around themselves, is a recipe for anarchy. We will not tolerate that.’ – Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission

Re: Judiciary: A Tale of Two Decisions PAGE 13

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

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

/3

2017 in Retrospect

H

2017: Annus Horribilis appy New Year to You, my esteemed Readers. In my first column of 2017, I did say that in the past 30 years, 2016 was one of the worst years that I had experienced in Nigeria. That was until most Nigerians passed through 2017, which was much worse than 2016, more excruciating and agonising, topped off with Government’s Christmas present to its citizens, the gruelling fuel shortage, which made the already dull festive season, terrible. In 2017, there were incessant strikes, the fight against corruption, even though there were cash recoveries (which did not impact on the lives of Nigerians), did not record any serious convictions. People were predominantly hungry (doing 0-0-1, 1-0-0, 0-1-0 daily [0 = no food, 1=food]), and unable to meet their basic obligations, like paying their rent and children’s school fees. There was no improvement in the economy, no significant job creation for Nigerians, not much improvement in electricity supply, and many scandals including that of ‘the Mystery of the Osborne Dollars’ and ‘Mainagate’, which made one wonder about the type of Administration we have, whether it is any different from the previous one. However, some of our expectations for 2017 were fulfilled. For instance after much ado, on February 8, 2017, the name of Honourable Justice Walter Onnoghen, was finally forwarded to the Senate for confirmation as the substantive Chief Justice of Nigeria, and he was sworn in as the 17th Chief Justice on March 7, 2017. Alas, Ibrahim Magu of the EFCC was not so lucky. I had also hoped that all the Chibok girls would be returned to their families in 2017. Government certainly made progress in this area, as about 103 girls came home, leaving a balance of about 113 girls still in captivity. The exchange rate came down, not to what it was pre-Buhari Administration, but there was a marked improvement. Niger Delta Number 1 on my list of expectations for 2017 was :”That solving the problems in the Niger Delta shall take precedence and be resolved by government as a matter of urgency, so that among other things, there will be peace in that region, Nigeria can meet its oil production quota and realise an increase in revenue”. Government, with the intervention of Vice President Osinbajo, was able to achieve some sort of truce/ceasefire

in the Niger Delta, which led to a remarkable decline in militant activities in the region, and an increase in our oil production output. However, this armistice/ suspension of hostilities, seems to be once more under threat, as the Niger Delta Avengers (NDA) have threatened to resume the bombing of oil and gas installations in the region, accusing Government of failing to keep to its pledge to address their grievances, some of which include the cleaning up of their polluted and devastated environment, more participation of Niger Deltans in the oil industry, establishment of modular refineries, among several other demands. My First Hand Experience of Pollution When I visited Port Harcourt in November, 2017, to interview His Excellency, Governor Nyesom Wike, a somewhat ‘tragic’ incident occurred. Present during the interview with the Governor, were the Attorney-General of Rivers State, the Commissioner for Information, our Photographer, Mr Alli, other Camera Men attached to the Governor’s Office and my humble self, of course. As we sat at the Governor’s Conference Table to begin the interview, we noticed a film of black soot which was not obviously visible to the eye, had covered the Table, and we had to hurriedly remove our hands and belongings from the Table. The AG immediately whipped out a sparkling white handkerchief and proceeded to clean the Table. The handkerchief immediately changed colour to black. Needless to say, I doubt that the AG will be able to get any more use out of his handkerchief, unless as a little rag, as no ‘Omo’ or ‘Surf’ is capable of making it white again. I was shocked. At this point, the Governor put the interview on hold, while we waited for the Cleaners to clean and disinfect the Conference Table. When I expressed my dismay, Governor Wike answered with wry amusement, saying that this was just one of the types of pollution that they experience on a daily basis, in that neck of the woods. The Governor went on to say that what we experienced was just a tip of the iceberg, that sometimes the soles of your feet could all of a sudden start looking black and dirty, as if you had been walking barefoot in coaltar! The AG added that he had just serviced an airconditioner in his home, and that there was a considerable amount of black soot that was extracted from the airconditioner, apart from dirty water. Meaning that, he and his household

had been inhaling some form of toxic air via the airconditioner! The $1 Billion So when I hear that Government and the Governors, have decided that a whopping sum of $1 billion, should be spent on fighting insurgency in the North East, when Government claims to have almost annihilated Boko Haram, without voting at least half of that money to the Niger Delta for a comprehensive clean up of their environment, I wonder! After all, most of the $1 billion, if not all, will come from the proceeds of oil sales, Niger Delta oil. Why does Government seem to be giving the North East more priority and attention, than the Niger Delta? Like I have always maintained, as long as Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (the Constitution) remains non-justiceable, we will perpetually have a Government that is simply not accountable to its citizens. Shi ke nan! I guess we could invoke Section 42 of the Constitution against Government, which prohibits discrimination, because how else can we describe Government’s attitude to the Niger Delta, in comparison with the North East? While people are dying from bombing and insurgency in the North East, others are also dying from pollution and environmental degradation in the Niger Delta. The keypoint is that, majority of Nigeria’s revenue has consistently come from the Niger Delta over the years, and not the North East, so why the blatant neglect of the region, not just by this Administration, but also by previous ones? We, the Nigerians on the street (not Government Officials and Politicians), will not forget in a hurry, the hell that we went through when the Militants were attacking and bombing oil and gas installations. The economic recession bit extremely hard. During that period, the exchange rate went up to N605 to £1. Now the Militants have threatened to resume their activities. A word, they say, is enough for the wise. Government needs to think through some of its ‘ridiculous’ decisions, which tend to rile people and breed nothing but resentment. If Government decided to vote $1 billion to the North East, they need to vote the same amount to the Niger Delta. Out of that money, funds also need to be voted to places like Benue and Adamawa States, where many people have lost their properties and been displaced, due to attacks from the

My humble self interviewing His Excellency, Governor Nyesom Wike of Rivers State, sitting at the ‘Polluted’ Conference Table

ONIKEPO BRAITHWAITE

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

"SO WHEN I HEAR THAT GOVERNMENT AND THE GOVERNORS, HAVE DECIDED THAT A WHOPPING SUM OF $1 BILLION, SHOULD BE SPENT ON FIGHTING INSURGENCY IN THE NORTH EAST, WHEN GOVERNMENT CLAIMS TO HAVE ALMOST ANNIHILATED BOKO HARAM, WITHOUT VOTING AT LEAST HALF OF THAT MONEY TO THE NIGER DELTA FOR A COMPREHENSIVE CLEAN UP OF THEIR ENVIRONMENT, I WONDER!"

‘Fulani Herdsmen’, and rebuilding is required. 2018: My Expectations I am not sure that it is worth having any expectations for 2018. Government (present company included), has consistently failed Nigerians. However, it will be good if APC can fulfil its Campaign Promises Agenda, which is solving the problems of corruption, food, security, power, transportation, education, good and affordable healthcare, and accelerated economic growth. We are also in dire need of constitutional reform plus devolution of powers. The States will probably never be viable, if they continue to have zero control over their resources. Nigerians need good governance. More of a balance in government appointments, taking into consideration merit. Improving the Nigeria Police Force, which has been ranked as the worst in the world in the 2017 World Internal Security and Police Index International, 127th out of 127! Government needs to allocate more funds to capital expenditure, while reducing that of recurrent expenditure. The National Assembly should pass the PIB and not just an aspect of it. Less drama, less emphasis on religion and more useful action, less talk about the failings of PDP and better management of the economy, after all, half or more of APC is constituted by ex-PDP Members! Above all, a better life for Nigerians in 2018.

4/LAW REPORT

02.01.2018

When the Court can Justifiably Award Relief(s) not Claimed by a Party

T

the trial Court could not have ordered that the title document be replaced, as the Appellants did not pray for same.

Facts

he 1st to 3rd Respondent are children of a certain Dr. Olanrewaju Olasimbo who died testate in 1993, and the 4th Respondent is the son of the 1st Respondent while the 5th Respondent is a company owned by the 1st Respondent. Late Dr. Olanrewaju Olasimbo had in his Will, stated that the Will should become operative 10 (ten) years after his death or after the education of the children listed in his will, whichever came first. Sometime in March 2008, the 4th Respondent obtained a loan from the Appellants, which was guaranteed by the 1st Respondent by the deposit of title document in respect of the property situate at No. 30, Olatunde Ayoola Street, Off Ikorodu Road, Lagos. The title document bore the name of Dr. Olanrewaju Olasimbo, as the purchaser of the property. The 1st Respondent wrote a letter of consent as the depositor of the title document with the name Dr. O.O. Olasimbo, and submitted a corporate resolution. Also, the tripartite legal mortgage created in favour of the Appellants had the name of Dr. Olanrewaju Olasimbo as the Guarantor and the Governor’s approval was obtained for the mortgage transaction. The 4th Respondent defaulted in repaying the loan, and the Appellants took steps to exercise their right of sale of the mortgaged property. The foregoing prompted the 1st to 3rd Respondent to sue the Appellants, alleging that the mortgaged property belongs to the 2nd and 3rd Respondents by virtue of their father’s Will. The trial Court gave judgement in favour of the 1st to 3rd Respondents, and ordered the Appellants to return the title document to them. The trial Court however, found the 1st, 4th and 5th Respondents liable to the Appellants for the indebtedness as per the Appellants’ Counter-claim, but the Court failed to make an Order directing them to deposit another title document in place of the one ordered to be returned to the 1st to 3rd Respondents. Aggrieved by the judgement, the Appellants appealed to the Court of Appeal. Issue for Determination The issue for determination was as follows: Whether the trial Court was right to have ordered the Appellants to return the title documents mortgaged in respect of the loan granted to the 4th Respondent, on the basis that a mortgage transaction cannot subsist on a property which is subject of a Will. Arguments In arguing this issue, Counsel for the Appellants stated that with the non- disclosure of the death of the original owner of the property and the failure to enter any caveat at the Lands Registry to warn prospective stakeholders that the property is encumbered having been Willed to the 2nd and 3rd Respondents, the trial Court should not have ordered the return of the title documents to the Respondents. He stated that the consequence of the concealment, should not have been visited on the Appellants. Counsel for the Appellant also argued that the 2nd Respondent should have been found liable by the trial Court, as she was implicated in the mortgage transaction. Further, the Counsel argued that from the facts and evidence before the Court, it appeared that the 2nd Respondent conspired with the 1st Respondent and allowed the 1st Respondent to misrepresent the status of the mortgaged property to the Appellant. He referred to the text books – Nigerian Conveyance Practice, Drafting and Precedents by P.A.O. Oluyede (2003 edition) and Property Law, 4th Edition by Roger J. Smith in arguing that there was a valid mortgage and the principle that once a mortgage always a mortgage, inures in favour of the Appellants. Counsel argued that based on the misrepresentation by the 1st to 3rd Respondent, the trial Court should have ordered the 1st Respondent to deposit another title document in place of the earlier one which the Court directed the Appellants to return to the 2nd and 3rd Respondents. Counsel to the 1st to 3rd Respondents on the other hand, argued that from their pleadings and the 2nd Respondent’s evidence under cross-examination

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Friday, the 24th Day of November, 2017 Before Their Lordships Joseph Shagbaor Ikyegh Tijjani Abubakar Ugochukwu Anthony Ogakwu Justices, Court of Appeal CA/L/359/2015 Between 1. Mortgages PHB Ltd. 2. Keystone Bank Ltd .........Appellants And 1. Dr. Oladipo Olasimbo 2. Mrs. Olaronke Taiwo 3. Engineer Kamarudeen Olasimbo 4. Mr. Tola Olasimbo ......Respondents 5. Supreme In Glory Treasures Nig. Ltd. . (Lead Judgement delivered by Hon. Joseph Shagbaor Ikyegh, JCA)

before the trial Court, it was clear that no situation existed to have caused the 1st to 3rd Respondents to enter a caveat at the Lands Registry as the 2nd and 3rd Respondents were unaware of the existence of the mortgage transaction. He argued that the trial Court was right to have held that the Appellants should have exercised due care and diligence by investigating the Mortgagor’s title, and any encumbrance on the mortgaged property. It was argued further that the mortgage could not have been made as the property was subject of a Will. They referred to Section 4(2) of the Administration of Estate Law, Cap 3, Laws of Lagos State, 1962 and the case of EJIGINI v EZENWA (2003) FWLR (Pt. 174) 226 to submit that mortgage transaction could not have been made, over the property which is subject of a Will. Finally, Counsel for the 1st to 3rd Respondents, argued that

"THE COURT IS UNWILLING TO AWARD WHAT WAS NOT CLAIMED. BUT THE EQUITY OF THE CASE AND GOOD CONSCIENCE, MAY JUSTIFY SUCH AN AWARD WHERE THERE IS UNCONSCIONABLE CONDUCT ON THE PART OF ONE OF THE PARTIES WITH RESPECT TO THE TRANSACTION SUCH AS THE 1ST RESPONDENT’S UNCONSCIONABLE CONDUCT IN THIS CASE …"

Court’s Judgement and Rationale Deciding the issue, the Court of Appeal found that there was a title document in support of the loan transaction in this instance, which is a Deed of Indenture. The duty on the person investigating title to a property is to take care; he is not required to take a chance or to be omniscience or a detective. In this case, the Appellants took the reasonable precaution to obtain the original copy of the title document and the Deed of Indenture from the 1st Respondent, which bore the same name as that given by the 1st Respondent in the tripartite mortgage agreement. The Appellants also verified and confirmed the title in that name, vide their search at the Lands Registry. As defect in title to land is not easily ascertainable, the 1st Respondent had the duty to tell the truth and disclose any defect in his title. Relying on the case of IMANA v ROBINSON (1979) 12 NSCC 1 at 19, equity came to the rescue of the Appellants in view of the fact that the title documents bore the same name as that on the agreement. The opportunity to investigate to ascertain the inaccuracy of the title document, no longer applied. Further, the Appellants’ pleadings did not allege that the 2nd and 3rd Respondents colluded with the 1st Respondent, to hoodwink the Appellants into entering the mortgage transaction as alleged by the Respondents. This submission was merely contained in the address of Counsel and the law is clear that address of counsel and evidence unsupported by material facts in the pleadings must be disregarded - BURAIMOH v BAMGBOSE (1989) 3 NWLR (Pt. 109) 352 at 365. On the submission of Counsel for the Appellants about the principle of law on mortgage, the Court held that the principle that once a mortgage, always a mortgage, would have applied to render the mortgage transaction relating to the title document valid for enforcement by the Appellants, if the mortgaged property was not willed to an innocent person. To apply the principle here will deprive the 2nd and 3rd Respondents of the property willed to them, when there is no evidence that they are to blame for the misrepresentation. In view of the provisions of Section 42 of the Administration of Estate Law (supra), a Will, which is the last wish of the Testator and owner of the property willed, should be respected. With regard to the submission that the trial Court should have ordered that the 1st and 4th Respondents provide the Appellants with another title document in respect of the transaction, Their Lordships held that because the Counter-claim of the Appellant did not request for a relief to swap the property in issue, the trial Court was unwilling to award what was not claimed. However, equity and good conscience may justify such an award where there is unconscionable conduct on the part of one of the parties with respect to the transaction such as the 1st Respondent’s unconscionable conduct in this case. TRENCO (NIG.) LTD. v AFRICAN REAL ESTATE AND INVESTMENT CO. LTD & ANOR. (1978) 1 LRN 146 at 154. For the foregoing reasons, the Court dismissed the appeal as it relates to the 2nd and 3rd Respondents, but allowed the appeal with respect to the 1st Respondent on the ground that equity and good conscience justify that the title document of the property bequeathed to 1st Respondent be delivered to the Appellants as replacement for the title document of the property willed to the 2nd and 3rd Respondents. Appeal Allowed in Part. Representation: Mr. U.I. Obi and Mr. T.N.T. Okonkwo for the Appellants. N. Okoli Esq. and Mr. O. Ogunlodoye for the 1st to 3rd Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

02.01.2018

NEWS/5

Lagos Chief Judge Unveils Her Commitment Statement Banner in More Court Premises

Managing Partner of Perchstone & Graeys, Mr. Osaro Eghobamien, SAN receiving the award from the Vice-President, Professor Yemi Osinbajo, SAN and the Honourable Speaker of the House of Reps, Yakubu Dogara on behalf of the firm

Perchstone & Graeys Bags Presidential Award for Ease of Doing Business Stories by Akinwale Akintunde Following some of its more recent strides in this area of commercial law, Perchstone & Graeys, a commercial Law Firm in Nigeria, on December 11, 2017 recorded a major milestone, when it became the recipient of the Presidential Enabling Business Environment Council (PEBEC) Impact Award. The Award was in recognition of its contributions and commitment to the 2016-2017 World Bank Ease of Doing Business Reforms. The Award conferred on Perchstone & Graeys, recognises its commendable role in assisting PEBEC in Nigeria’s recent elevation by 24 points, in the World Bank’s Comparative Analysis of the Ease of Doing Business in various countries. By the recent ranking, Nigeria holds the 145th position out of the 190 countries on the global ease of doing business rank-

ings – compared to the 169th position, which the country occupied in last year’s report. Nigeria also features as one of the 10 economies showing the most notable improvement in Doing Business for 2018. The Firm’s notable contributions, included reforms to the “Getting Credit Indicator”, which were all accepted by the World Bank, as a result of which, Nigeria is now placed at an enviable 6th position in the world, on the Getting Credit indicator. The highlights of the reforms, also included the signing into law, of the “Secured Transactions in Movable Assets Act 2017” and the “Credit Reporting Act 2017”, as well as the developments in the National Collateral Registry, and the Credit Bureaus. As a Firm, Perchstone & Graeys worked extensively, for close to 8 years, on “The Secured Transaction on Moveable Assets Collateral Registry Act”. The Act creates

a framework that establishes and maintains a centralised collateral registry, where records of transactions and moveable assets, offered as security for said transactions, are electronically recorded. The Act principally enables small and medium sized industries, to access credit using any asset other than land; including asset receivables, with capacity to enhance GDP considerably. A follow through to the Act, also being the establishment of the Collateral Registry. The Banks have direct access to this Collateral Registry, from any of their offices anywhere in the world, giving them the unique opportunity to trace any asset offered as security. The essence of the Act is to: 1. Create a more efficient platform for SME’s and retail consumers to confirm their creditworthiness to lending institutions. 2. Allow potential lenders

to determine who has priority to reclaim an asset that may have been submitted as collateral. 3. Allow for more efficient risk management in the financial sector, as there would be more diversification of the qualified assets class acceptable as security for any SME’s loan created. 4. Serve as a platform for lending institutions to confirm the creditworthiness of prospective borrowers before advancing credits. With this recognition from the Presidency of the Federal Republic of Nigeria, the Firm of Perchstone & Graeys, has visibly left an indelible imprint in the growth and development of the nation. Particularly, the Firm continues to shine its focus on the Nigerian Business Community, and is poised to continue to play a leading role in shaping policy towards a more robust business climate in Nigeria.

Judge Flays Lagos Filthiness, Wants Speedy Resolution of Government, Waste Managers’ Crisis Justice Taofiquat OyekanAbdullahi of the Lagos High Court, has charged the State Ministry of Environment and the Incorporated Trustees of the Waste Managers Association of Nigeria, Lagos Chapter, to speedily come out with the settlement agreement being worked out among the disputing parties and lay it before her court on or before the adjourned date, to put to an end the now lingering crisis between them over the attempt by government to exclude the Private Sector Participation (PSP) Waste Operators from domestic waste collection

and disposal under the Cleaner Lagos Initiative, deploring the fast mindboggling filthy nature of Lagos as a result of the crisis. The Judge who was reacting to the non-presentation of the terms of settlement before her as the parties promised the court at its last sitting on the matter, wondered why they could not simply meet and reach agreement on the issues and save Lagos and the people from the smelling heaps of waste now building up all over the place. “The issue of waste is beyond the parties in this matter, it has to do with

all Lagosians because it borders on the health and lives of all. That is why I cannot understand why you are here today again, to ask for adjournment to enable you to meet to reach agreement on the grey areas? What I expected is that you would have met and all we need do here today is cross the ‘Ts’ and dot the ‘Is and I can adopt it as the judgement of the court on the matter. But here we are with all sorts of excuses, this case file is the most important before this court now, I wanted to get through with it before the Christmas break; you

mean Lagos will remain smelling like this into the new year? No, do something, go and meet with yourselves, reach agreement, come up with the final draft, put it on the internet, call me, I will enter it as judgement from wherever I am, so that we can move on. We can’t continue to leave Lagos in this state”, a visibly angry Justice Abdullahi over the state of Lagos waste management remarked. At the last sitting of the court on the matter, counsels to the parties had CONTINUED ON PAGE 6

As part of her continuous efforts to reform the Lagos State Judiciary system for better service delivery and attitudinal change, the Lagos State Chief Judge, Justice Opeyemi Oke last week unveiled her Commitment Statement in three court premises in the State. Justice Oke unveiled the Commitment Statement at the Igbosere, Ebute Metta and Yaba Magistrate Court premises. The Chief Judge had on November 15, 2017 unveiled the same Commitment Statement at both Ikeja and Igbosere premises of the High Court of Lagos State, in fulfillment of the promise made when she was appointed as the Chief Judge of the State in October last year. Speaking at the unveiling ceremonies, Justice Oke said that the Commitment Statement being unveiled, was intended to embolden the public to challenge any staff of the Judiciary who asked to be paid before serving them and to make formal reports against such staff. She said it was expedient for law officers to be guided by her statement to that effect, in order to assure members of the public that the State’s Judiciary is determined to inaugurate a dispensation of fair justice in the State. "We don't want anybody to destroy the Lagos State Judiciary. The Judges are fully in support of the fight we are waging against corruption in the Judiciary. "The Bar is also determined to fight corruption with us. The members of the Bar are the users of the court. They too have promised to report

back to us", she said. Justice Oke said the Bar has also resolved to flush out "accidental lawyers" in their midst, in their determination to fight corruption in the Judiciary. She described accidental lawyers, as those who induce staff of the Judiciary with money to get things done. She urged Magistrates to support the fight against corruption, in order to give the people of Lagos State better and improved services. "This is a new dawn in the Lagos Judiciary. We want Lagos Judiciary to work like they operate in other jurisdiction across the world, where you don't have to beg or pay anybody in order to be served and where you will be issued receipts for services rendered without having to ask for it. "We want to protect the integrity of the Judiciary. There may be challenges, but we want to assure you that we are not perturbed by these challenges and that we are ready to face them”, she emphasised. Justice Oke said this was why a workshop with the theme: “Towards an Efficient and Effective Administration of Justice in Lagos State” was recently organised for staff of the Lagos State Judiciary, to change their orientation. The Chief Judge also said the three staff in the Litigation Registry of the Lagos State Judiciary and a youth corper (names with held) who were recently arrested for alleged corrupt practices, are to be charged to court soon. Also to be arraigned

CONTINUED ON PAGE 6

Lawyers Present Car, Wheel Chair to Physically Challenged Colleague A group of Lawyers from Ikeja Branch of the Nigerian Bar Association (NBA), has presented a car to Mr. Abdulasam K. Idowu, a physically challenged Lawyer in the Branch. The Lawyers, who were coordinated by a former Chairman of the Branch and 2nd Vice President of NBA, Mr. Monday Onyekachi Ubani, whose Foundation, Ubani's Foundation kick started the process with the initial seed, also presented a wheel chair to the physically challenged colleague. Speaking at the presentation ceremony, which took place at NBA Ikeja Bar Centre last week in the presence of some of the donors, Lawyers, Journalists and the representative of Lagos State Governor, Mrs. Clara Ibirogba, the Director of Citizens' Rights, Lagos State, Ubani appreciated the donors whose effort saw to the reality of the gifts. Ubani, who is also the

Chairman of the Welfare Committee of the NBA, also used the opportunity to request that Lagos State Governor, Akinwunmi Ambode, who is known for his care and love to the physically challenged persons in the State, give employment in the Ministry of Justice to Idowu who holds a degree in both Political Science and Law. The NBA 2nd VicePresident further explained that, Idowu with a double degree will be an asset to the Ministry of Justice and to Lagos State in general. Reacting to the kind gesture, after receiving the key to the Toyota Camry brand car, the excited Idowu said he was short of words for the gesture. Idowu explained that it was the desire to succeed in life, that made him undertake the venture of acquiring two degrees through begging. He promised never to be a liability to any person, but a huge asset to the nation.

6/

02.01.2018

Group Sensitises Prison Inmates of their Rights Akinwale Akintunde Prisoners’ Rights Advocacy Initiative (PRAI), has sensitised Kirikiri Female Prison inmates of their rights even while in prison. According to the group, the programme which had 139 female inmates in attendance, was the first interactive session which focused on inmates rights, ever held in any Nigerian Prison. PRAI Director/Founder, Mr. Ahmed Adetola-Kazeem, in his opening remarks at the programme, noted that a lot of conferences and discussions on prison reforms and prisoners’ rights are going on in different locations, but none had ever been held in the prison, with contributions from the inmates themselves. “This is the first time in history, that such a session will be held in the prison to educate inmates about their rights, and to also get their contributions on the way forward. “Some of these talk shows have failed, because the main stakeholders are not put into consideration. Today, PRAI deemed it fit to take the panel session down here, to educate you about your rights, so that

when the prison’s head or some of your lawyers come around, you will be able to ask reasonable questions. We are not here to preach Christianity or Islam, we are here to educate you and get some responses from you”, Adetola-Kazeem said. The panel session, which was moderated by the PRAI Director, had Mrs. Blessing Abiri from CLEEN Foundation, Mr. Yusuf Temilola Nurudeen, a young lawyer, and Miss Funke Afolayan, a human right activist, to discuss fundamental rights of prisoners. Yusuf explained to the participants that they have their fundamental human rights protected in the 1999 Constitution of the Federal Republic of Nigeria, except that they have been curtailed from enjoying some others till they leave the custodial premises. According to him, some of the rights are Rights to private family life, expression, movement, association - 37, 39, 40, and 41 respectively. Adding that for those who have not been sentenced, their right to life, dignity of human person, personal liberty, fair hearing, religion, discrimination amongst others as contained

in sections 33, 34, 35, 36, 38, 42 and 43 of the Constitution, have not been curtailed. On the debate whether or not prisoners should vote in 2019 general elections, Yusuf said that there is no provision in any of our laws denying prisoners the right to vote. He relied on the provisions Article 21 of Universal Declaration of Human Rights (UDHR), Article 25 of International Covenant on Civil and Political Rights (ICCPR), Article 3 to Protocol 01 of European Convention on Human Rights and Fundamental Freedom (ECHR) and Article 13, African Charter on Human Rights. “Though, disenfranchisement can be based on criminal conviction in the United States of America as held by the Supreme Court in California, but in South Africa, prisoners vote while they are in prisons. Within the Europe, prisoners vote in Denmark, Sweden and Switzerland, but this right depends on the level of the offence and length of sentence in other 13 European Countries. Even in the United Kingdom, the matter has been subjected to debate in the House of Commons. “Our streets are rife with blue and

JUDGE FLAYS LAGOS FILTHINESS, WANTS SPEEDY RESOLUTION CONTINUED FROM PAGE 5 agreed to meet to review the terms of agreement and agree on them before the adjourned dates of December 19 and 20, 2017, when it would be brought for adoption after Lawyers to the State Government had told the court that it was ready with its proposal for the terms of settlement and would deliver it to the Private Waste Managers for their consideration, before the close of business on November 30, 2017. Contrary to that, however, counsel to the Waste Managers, Tosin Adesioye, who admitted at the resumed sitting that his chambers had received the proposed terms of settlement from the Appellant, asked for an adjournment to enable him forward it to the Claimants to meet and take a decision on it. Counsel to the first, second and third Respondents, Mrs. A.O.Adeyemi followed suit and similarly asked the court to adjourn to give them time to receive the response of the Claimants to the terms of settlement, meet and resolve the grey areas. A livid Justice Oyekan-Abdullahi sought to know what the grey areas were, but the counsel said she was not too sure of the areas. The Judge then ordered all the parties out of the court, to meet and

return to let her know how soon they can return with the terms of settlement for adoption as judgement and settlement of the matter. Counsel to the State Government, Mrs. Adeyemi, later pleaded with the Judge for more time to enable all the parties to meet to reach amicable settlement and carry all along, assuring that the Respondents will keep Lagos clean, as they were not going on recess. Mrs. Adeyemi, who promised that the parties will not waste the time of the

court, craved the indulgence of the court to get a date after the Christmas and New Year vacation, to return to court to present it with the terms of settlement. Justice Oyekan-Abdullahi in response, said she did not mean that the parties were wasting the time of the court, but wanted them to realise that they owe the people a duty and wants the task to be done. She enjoined all the parties to meet, reach an amicable agreement and carry everybody along and consequently adjourned the matter to January 18, 2018.

white-collar criminals convicted, on bail or awaiting trial, but they are not within the custodial facilities like this, they would be allowed to vote. Then, people here should not be differently treated, since 70% of the inmates are still awaiting trial. Perhaps, if voting rights were given to prisoners, our politicians would take the rights, needs and interests of some 68,686 inmates seriously”, he concluded. On her part, Abiri discussed about the new innovations in the Administration of Criminal Justice Act (2015) and Administration of Justice Law of Lagos State (2011), that help the quick dispensation of justice. She noted that the new laws are meant to reduce the clog in the wheel of access to justice, reform the prison system, and reduce the number of awaiting trials. She cited Section 414, on sentencing of pregnant women. The new law provides that execution shall be delayed till the woman gives birth and weans the child. Section 415 provides for the procedure to be followed in the conviction of a pregnant woman. Dr. Afolayan spoke about the rights of the inmates, and the appalling conditions which they live in. She attributed the sorry state of the prisons facilities to the government ineptitude, the value we place on human life, and lack of some fundamental knowledge about human rights that have brought some of the inmates to the prisons. Most inmates who spoke lamented about the high handedness of the Lagos State Task Force, who arbitrarily arrested them for no just cause, and the Magistrates who sentenced them to prison terms of up to two years with options of fines running into hundreds of thousand naira. They equally lamented about the activities of dubious lawyers, who take advantage of their situations by collecting huge sums of money from them and their families, without proper representation.

LAGOS CHIEF JUDGE UNVEILS HER COMMITMENT STATEMENT BANNER CONTINUED FROM PAGE 5 alongside the staff of the State Judiciary, was a tout who has been in the habit of impersonating as a staff of Judiciary and defrauding court users. Justice Oke said the staff have appeared before the Lagos State Judiciary Staff Commission which looked into the matter against them, adding that the incident marked the end of their careers in the service. She said that another Court Registrar is also going to appear before the Judiciary Service Commission soon, for alleged robbery.

According to the Chief Judge, the Magistrate the Registrar was working with, filed a report against him that he asked a party in a suit to pay him N50,000 to get the court to make an order in his favour. Also speaking at the occasion, Justice Kazeem Alogba urged the public to take advantage of the opportunity given them by the Chief Judge, to report staff who asked to be paid for services rendered or ask for more money in excess of statutory charges. He also admonished the public not to

encourage Staff, by inducing them with money for services rendered. Speaking on behalf of his Ikorodu Branch colleague, Mr. Adesina Ogunlana, Chairman Ikeja Branch of the Nigerian Bar Association (NBA), expressed happiness that the Judiciary now has a leadership that is ready to tune to the reality of the times. He pointed out that the fight against corruption was not to emasculate the staff, but to emphasise to them that it is now a new dawn in the Lagos Judiciary.

Legal Personality of the Week Mackson Oruma

‘Law Practice is Not for Gold-Diggers’ that he never engaged me to represent him in a trial which I had conducted to defence stage.

My name is Mackson Oruma. I was called to the Nigerian Bar in the year 2002. I hold a Masters Degree in Law from Obafemi Awolowo University, Ile Ife, and I am now working on my Ph.D in Law. I have since qualification, been engaged in private legal practice.

What was your most memorable experience as a Lawyer? My most memorable and fulfilling day as a Lawyer, was when I secured the release of an inmate who has been in custody for four years in a charge of stealing, that had no complainant at the time of my intervention.

Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? I think it is only natural for a young Lawyer who strives to succeed, to have challenges. The most challenging challenge I had when I started, was when I had to man a big Human Rights Law Firm in Ekiti State as an NYSC member. I had no senior colleague to advice me. No case file as precedent, with over a hundred inmates of Ado Ekiti Prison to represent on a pro bono basis. Mackson Oruma

What was your worst day as a Lawyer? My worst day as a Lawyer happened

in court; when an inmate standing trial for armed robbery, said in open court

Who has been most influential in your life? The most influential person in my professional life I would say, is Hon. Justice I. O. Akeju of the Court of Appeal. As a High Court Judge in Ekiti State, he never withheld the much needed advice that has helped to shape me in my professional life. Why did you become a Lawyer? I became a Lawyer because my father

named after a lawyer, Mudiaga Odje, SAN of blessed memory. He was my father's Lawyer who represented him in a case, the date of which judgement coincided with my birthday. Don't be surprised why my native name is Odje. What would your advice be to anyone wanting a career in Law? My advice to any one wanting to be a Lawyer, is that this a profession that requires patience, hardwork and humility. The Law Profession, is certainly not for gold-diggers and those on the fast lane. If you had not become a Lawyer, what career would you have chosen? If I was not a Lawyer, I would have been a Soldier. Where do you see yourself in ten years? By God’s special grace, the Inner Bar of course. I believe that is the desire of every practicing lawyer.

02.01.2018

/7

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Recurring Fuel Scarcity: Is Price Control the Panacea?

I

Introduction believe that the recurring incidence of non-availability of petrol at the pumps, puts in stark relief the failure of policy options that have so far been deployed to tackle it. It is thus, clear, that fresh thinking is required. In this regard, I believe that the problem will persist unless any strategy for permanently resolving it has at its core the elimination of the clearly unsustainable practice of subsidising the product. I intend to demonstrate how this can be achieved, somewhat surprisingly, through the instrumentality of the law. But first . . . What are Subsidies? A subsidy is simply an amount of money paid by the Government or an organisation, to reduce the cost of producing a product in order to keep its price low. See the Oxford Advanced Learners’ English Dictionary, 6th edition, page 1194. No law imposes such an obligation on the Government, at least in respect of petroleum products. In other words, no law backs the practice of subsidising petroleum products in Nigeria. In this regard, the relevant extant statutes are the following:i. The Petroleum Act, 1969, Section 6(1); ii. The Price Control Act, 1977; iii. The Petroleum Equalisation Fund Act 1975; iv. The Petroleum Products Pricing Regulatory Agency Act 2003; v. The provision for subsidies in the annual Appropriation Acts or Budget; vi. Item 62(e) of the Exclusive Legislative List in Schedule Two of the 1999 Constitution. By virtue of this last enactment, i.e., Item 62(e) of the Exclusive Legislative List of the Constitution, only the National Assembly is competent to control the prices of any product in Nigeria. This power is, however, to be exercised only in respect of essential products and commodities as designated by the Assembly. With the exception of drugs, the National Assembly has designated no product as essential. To that extent, the aforesaid statutes are all ultra vires the Assembly, invalid, null and void, vide Section 1(1)& (3) of the Constitution. It follows that the practice of the Federal Government, through the NNPC, the Federal Ministry of Finance, the PPPRA, etc of subsidising petroleum products, is also unconstitutional, invalid, null and void. It is important to stress that what Item 62(e) of the Exclusive Legislative List of the Constitution recognises, is price control and not subsidisation; the two are not the same, for, whilst a subsidy is a means of controlling prices, not all price control measures involve subsidies, as it depends on the modalities, if any, applicable in any given case. I submit that the express terms of the relevant one in this case, i.e., the Price Control Act, leaves no room for conjecture that the National Assembly intended to subsidise petroleum products. Accordingly, the annual practice of appropriating funds in the Budget for fuel subsidy payments is illegal, because it is inconsistent with the Price Control Act – even assuming, without

conceding, that the National Assembly has designated petroleum products as essential commodities. The Price Control Act Petroleum products are Item 7 on the list of products contained in the First Schedule of the Act, whose prices are subject to control at the discretion of the Minister of Commerce, and the parameters for fixing their open market prices of are contained in Section 5 of the Act, which recognises two different scenarios – a basic price under Sec. 5(1)(a) and a permitted variation to the basic price, vide Sec. 5(1) (b). By virtue of Sec. 1(1) of the Act, the Price Control Board, is the sole body responsible for fixing the basic price and the variation permitted thereto, for the whole country. With regard to the basic price, Sec. 5(2) of the Act differentiates between locally produced goods, and goods imported into Nigeria. In respect of the first, i.e., goods produced (read: fuel refined) in Nigeria, the basic price is “the price which, in the opinion of the Board, properly represents the cost of production of the commodity, plus the manufacturer’s profit” – Sec. 5(2) (a). In the second case, i.e., imported goods, the basic price is “the duty-paid landed cost in Nigeria plus the importer’s profit” – Sec. 5(2)(b). Sec. 5(3) of the Act permits a variation to the basic price, being an amount which, in the opinion of the Price Control Board, “represents the transport and other costs plus the distributor’s profit, which ought properly to be added to the basic price in order to represent a fair controlled price, wholesale or retail, in any State.” This provision is the exclusive subject matter of the Petroleum

"IN ANY EVENT, NEITHER STATUTE REQUIRES THE GOVERNMENT TO ABSORB PART OF THE COST OF THE IMPORTER OR LOCAL PRODUCER OF PETROLEUM PRODUCTS, IN ORDER TO REDUCE THEIR OPEN MARKET OR CONTROLLED PRICES. IN OTHER WORDS, NONE OF THEM REQUIRES THE GOVERNMENT TO SUBSIDISE PETROLEUM PRODUCTS"

Equalisation Fund (Management Board, etc) Act, 1975. It can be seen that the two, i.e., the basic price and the permitted variation, constitute the controlled price of petrol in Nigeria. I believe that this is evident from Sec. 18(1) of the Act which defines “controlled price” as “the controlled price, wholesale or retail, fixed in accordance with Section 5 of this Act”. By virtue of Sec. 6(1) of the Act, the controlled price of fuel is its open market price. It provides thus: “It shall be unlawful for any person to sell, agree to sell or offer to sell any or employ any other person, whether or not that other person is of full age, to sell any controlled commodity at a price which exceeds the controlled price.” Sec. 4 of the Act provides peremptorily that “price control shall continue to be imposed in accordance with this Act” on, inter alia, petroleum products. This means that the prices of petrol et al, should be controlled exclusively in accordance with the provisions of the Act, on the maxim: expressio unius est exclusio alterius – the express mention of one thing in a statute, implies the exclusion of others which otherwise might be included. In other words, this excludes Sec. 6 of the Petroleum Act which, after all, merely empowers the Minister of Petroleum Resources to fix the prices of petroleum products. In any event, neither statute requires the government to absorb part of the cost of the importer or local producer of petroleum products, in order to reduce their open market or controlled prices. In other words, none of them requires the government to subsidise petroleum products. Both statutes were judicially considered by the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/591/09: BAMIDELE ATURU v THE HON. MINISTER OF PETROLEUM RESOURCES & 2 OTHERS, where the court ordered the Government to “fix the prices of petroleum products as mandatorily required by the Petroleum Act and the Price Control Act.” It is important to note that the court merely ordered the Government to fix – not to subsidise – fuel prices. The noun ‘subsidy’ has already been defined. The verb ‘fix’ on the other hand, in relation to prices, simply means “to make a decision in relation to a price or amount, and not allow it to change.”

See Macmillan English Dictionary, 2nd edition page 563. This judgement, is currently on appeal at the instance of the Government. Until it is overturned, it is clear that the Government has consistently disobeyed it, by failing to ‘fix’ the prices of petroleum products as provided by the Price Control Act and the Petroleum Act. Given that neither of those statutes requires the Government to subsidise petroleum products, but merely to fix their prices (which do not mean the same thing, as aforesaid), it is obvious that complying with the terms of the judgement would actually enable the Government to end the current regime of subsidies in the petroleum sector, albeit fortuitously. This is because, applying the parameters in Section 5 of the Price Control Act (as ordered by the court in Bamidele’s case) would mean passing the entire costs of production, refining and importation of fuel to the consumer at the pump – in the open market – with the Government under no legal obligation whatsoever, to absorb any part of those costs. No one in his right senses will blame the Government for complying with a court order. To give the policy a human face, however, the Government can waive custom duty payable on imported fuel. I submit that, the only provision of the Price Control Act which is negotiable, is the profit margin of the marketers; to expect the Government to do more, in my view, would be asking it to bend the law to breaking point. Conclusion Pending the determination of the appeal in Bamidele’s case, leading, possibly, to total deregulation, I believe that the way forward is for the Government to apply the provisions of Section 5 of the Price Control Act, by periodically fixing the prices of petroleum products, in consultation with the marketers and other stakeholders, secure in the knowledge that doing so would not result in subsidisation but, rather, its elimination. For the Government to achieve this, however, it must be resolute that under no circumstances, will it continue to bear part of the costs of the marketers, as to do so would obviously perpetuate the unwholesome status quo – apart from being manifestly illegal as aforesaid.

8/COVER

02.01.2018

02.01.2018

COVER/9

‘Nigeria Operates a Fake Federal Constitution’ His tenure as President of the Nigerian Bar Association (NBA), has been adjudged as one of the most audacious. His legacies have endured and have continued to be a reference point for his successors in office. He initiated the Stamp and Seal project of the Association, and also created Sections for the NBA. Chief Wole Olanipekun, SAN granted Onikepo Braithwaite a rare interview, as he spoke on various issues of national and professional import, including leading the legal team of 13 Senior Advocates that successfully defended President Buhari’s pre-election matters that paved the way for his emergence as the Presidential Candidate of the APC

W

hat was the effect of Hon. Justice Tsoho’s decision nullifying the NBA 2015 amended Constitution, and as a past President of the Nigerian Bar Association (NBA) what is your advice to the opposing parties within the body, with regard to their court cases and resolving their differences? The judgement of Hon. Justice Tsoho of the Federal High Court in the case of OLASUPO OJO v THE REGISTERED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION, essentially voided the 2015 Amended Constitution of the NBA for non-compliance with the mandatory provisions of the Companies and Allied Matters Act (CAMA) and also voided all actions, howsoever described, taken under the said Constitution, amongst other Orders. Unfortunately, the NBA did not offer any resistance to the action, as it failed and neglected to file a counter affidavit to the Originating Summons, meaning that the court was only seised of the facts presented to it by the plaintiff, and the learned trial judge kept on mentioning and repeating this truism throughout the judgement. I think it was a big gamble. The said judgement, has a far-reaching effect on the NBA as an Association. The judgement only recognised the 2001 Amended Constitution of the NBA, which was duly registered and submitted to the Corporate Affairs Commission in compliance with the provisions of CAMA. However, upon the delivery of the said judgement on 30th March, 2017, a series of meetings were initiated by the Registered Trustees of the NBA (of which I am a member), inviting the feuding parties (including parties who had filed other suits against the NBA on different subjects, including the outcome of the 2016 election), to dialogue and fashion out a way out of the doldrums the NBA had found itself, in order to avoid a repeat of what befell the NBA at the ill-fated Port-Harcourt Conference in 1992. The Registered Trustees, led by Alhaji Abdullahi Ibrahim, CON, SAN, with my humble self and Dame Priscilla Kuye, had several meetings with all the parties across board, including A.B Mahmoud, SAN, NBA President, and pleaded with them to allow peace to reign in the NBA. We specifically called for a compromise of the judgement of Tsoho J., and pleaded that there was no need to either execute it or pursue an appeal against it; that the A.B Mahmoud-led Executive be allowed to run its term and tenure unhindered, and that before the next election, a substantially acceptable Constitution be put in place that would address the several complaints made against the 2015 Constitution in particular, and the way and manner the NBA is being run in general. On my own part, I also had a private meeting between A.B Mahmoud, SAN, and Chief J.K Gadzama, SAN, at my Abuja office, and the meeting was fairly successful, as both of them exchanged pleasantries and made some promises. The Body of Senior Advocates of Nigeria (BOSAN) also stepped into the matter. Some of the critical issues agitating the minds of members, include what is perceived as an emerging dictatorship in the NBA, leading to the emasculation of the Branches; the way and manner NBA elections have been conducted in the past few years, leading to complaints from members regarding the transparency or otherwise of the outcome of such elections, etc. In fairness to A.B Mahmoud, SAN, he agreed with the suggestion of the Trustees that a broad-based constitution-review committee be set up to address these issues, and pursuant to this, a Constitution Review Committee under the chairmanship of Mallam Yusuf Ali, SAN, a seasoned legal practitioner, who is also well-respected within the legal circle of this country and beyond, has now been inaugurated, and I want to plead and counsel that the next election of the NBA should be conducted under the new Constitution. As a former President and stakeholder, I have sent a memorandum to Yusuf Ali’s Committee, and also had personal discussions with him. I want to plead with all concerned that henceforth, we must allow for an independent and formidable Bar, and rediscover ourselves as the champion of Nigeria’s renaissance. We cannot achieve this, if we are intolerant of one another, or if we muscle opposing views and enact a dictatorship or unitary administration at the centre, suspending or sacking duly elected chairmen and officers of Branches at random, and foisting caretaker committees on leading and pivotal Branches across the country. I repeat again and also reiterate the warning that, on no account should we do anything or ignite any cause of action that would lead to a repeat of our 1992 disaster in Port- Harcourt. We must learn from history, rather than allowing history to repeat itself. One of the Buhari Administration’s campaign promises was to engage in an effective fight against corruption, and

Chief Wole Olanipekun, SAN PHOTOS: Kolawole Alli it is being alleged that some senior Lawyers who defend the accused persons, as well as some Judges, are frustrating and obstructing the fight against corruption, rather than supporting it. Kindly, comment on this. My position on corruption is very clear and direct, to the effect that it is a crime against humanity for any person who is called upon to serve his state or nation, local government or community, association or union, etc., in any capacity or category, to mess up the till of that nation, state, etc., by stealing therefrom or defrauding it in any manner. I also align myself with the proposition that Nigeria’s growth and development has been stagnated, if not completely retarded, by the systematic looting of our public till and treasury over the years by our public office holders, irrespective of political party affiliation, tribe, ethnicity, religion, language or affiliation. Thus, any sane person would, naturally, condemn the looting of our common wealth. President Buhari’s fight against corruption is commendable. As for the alleged corruption in the judiciary, my position has remained constant over the years, to the effect that I wholeheartedly condemn any judge who compromises his high office, either for monetary or pecuniary gain. Lawyers who also aid and abet corruption, in any form at all, do not attract my sympathy. I have delivered several papers on this subject and, at every occasion or opportunity, I have mounted the rostrum to call out this monstrous epidemic in the legal profession. However, for us to effectively curb corruption, we must put in place institutions that are independent of the temporary powers that be at any point in time in our nation, and these institutions include a virile, articulate and dynamic Executive, a well-informed and good-intentioned Legislature, a professional and contemporary Civil Service, independent and non-partisan and decentralised police formations, as against the

central and unitary police force we presently have, Office of the Attorney-General (whether at national or state level), an electoral body that is independent and impartial in every material particular, Public Complaints Commission, the Central Bank of Nigeria, a truly independent judiciary in all ramifications, including funding, a bold and virile Bar, an educated, enlightened and well informed citizenry in whom sovereignty actually resides, a free and unchained press, a robust and productive private sector that will drive the economy, disciplined, focused and streamlined political parties with clearly defined and delineated manifestos and meaningful ideologies, etc. We are fast forgetting that the Attorney-General of a State, is the Chief Law Officer of the State, and it would appear that we are consigning that vintage and important institution into the dustbin of history, because the trend nowadays is for the FRN, AGF, IGP, EFCC and ICPC to commence and initiate proceedings in respect of alleged crimes, particularly in fraud-related matters, arising from any State, without reference to the State Attorney- General, who is constitutionally vested with the responsibility to initiate,

"I REPEAT AGAIN AND ALSO REITERATE THE WARNING THAT, ON NO ACCOUNT SHOULD WE DO ANYTHING OR IGNITE ANY CAUSE OF ACTION THAT WOULD LEAD TO A REPEAT OF OUR 1992 DISASTER IN PORTHARCOURT. WE MUST LEARN FROM HISTORY, RATHER THAN ALLOWING HISTORY TO REPEAT ITSELF"

commence, take over, or discontinue such proceedings. I must confess that although I served as an Attorney-General of a State under a military President (General Babangida), no Federal agency tampered, fiddled with or hijacked my constitutional powers relating to prosecution. In my candid opinion, we must first remove the log in the eye of our Constitution and warped federal structure, before attempting to pluck out the speck in the eyeball of the behemoth of corruption. You may ask, what do I mean? Both our Constitution and Federal set-up aid, promote and abet corruption. The Federal Government virtually controls and dictates everything in Nigeria today. All powers flow and derive from the Aso Rock Villa. Items that used to be on the Concurrent Legislative List, have now been appropriated by the almighty Federal Government into the Exclusive Legislative List. There is too much money and concentration of the nation’s resources at the centre, and this is attracting the ever-increasing waste and perennial fraud which come out from the central government and its agencies, irrespective of which political party is in government at any point in time. The private sector is virtually annihilated, and its survival, by and large, depends on the dictates and nuances of the Federal Government. The Nigerian economy essentially revolves around the budget estimates of the Federal Government. Apart from Lagos, Rivers, Kano, Akwa Ibom and Delta States, most parastatals of the Federal Government have more money to play and fiddle with, than the remaining States in Nigeria. Just recently, the Federal government was toying with the idea of putting the machinery in motion that would make Local Governments autonomous from their respective States. This is an unusual step in a Federal set-up, as there is no nexus or contiguity between the Federal

Government and the Local Government. Local Governments are directly under the control and auspices of the States. This is a further demonstration of the appropriation of all powers in the States, by the Federal Government. The first honest step at addressing the issue of corruption in this country, is for the Federal Government led by President Muhammadu Buhari, to dismantle our corruption-laden Constitution and Federal structure, which is not only lopsided, but is also positioned to breed and encourage inequities, in order to pave way for an honest Federal Constitution, arrangement and structure. We seem to wrongly assume that corruption relates only to monetary matters or people who are randomly condemned as looters. It was John Adams who famously said “Facts are stubborn things”. The facts, as are presently applicable in the Nigerian context, evince a situation whereby the Nigerian grundnorm, the 1999 Constitution, is flawed. As such, any system laws predicated upon a flawed document, can only be flawed in return. My position remains constant, to wit, that lawyers, in particular, and non-lawyers alike, must always appreciate the basic truism that the rule of law underpins, anchors and propels any democracy, properly so called, and this, in turn, attracts investment. Democracy or democratic government qua governance, which brushes aside the rule of law, or is predicated on a system which can be categorised and as a systemic faux pas, is at best a charade. I was tickled and much excited while going through the editorial opinion of the Ghanaian Times of December 25, 2017, titled ‘Ghana, Europe’s Preferred Destination’, particularly where the Editorial asserted that Ghana’s fledging democracy, underpinned by the rule of law, respect for human rights, coupled with trade liberalisation, has made the country very attractive to the international community. With specific reference to your question, in relation to the unfair allegation against lawyers and judges at not supporting the fight against corruption or obstructing it, we should always bear in mind that we operate a constitutional democracy that is anchored and predicated on the rule of law. We also have a Constitution which provides, in section 36(5) thereof, that every person accused of a criminal offence shall be presumed innocent until his guilt is established. Let us also note that, we operate an accusatorial system of criminal justice, and not an inquisitorial one. In criminal law in particular, a cardinal principle, as established way back as 1678 in The Pleas of the Crown, is that “Tis better 5 guilty person go unpunished, than one innocent person should die”; and in the celebrated case of WOOLMINGTON v DPP (1935), it was redefined thus: “it is better that 10 guilty men go free than to convict one innocent man” This sacred principle, underpins our own sense of criminal justice. What then is the interpretation, definition, construction or even the deconstruction of the terms ‘some senior lawyers and judges are not supporting Buhari’s fight against corruption’ or ‘obstructing the fight against corruption’? I am still at a loss as to what it means, or what such a statement is meant to connote. To start with, any Lawyer who obstructs the course of justice, will have himself to blame or have a day with the Disciplinary Committee of the Body of Benchers, and stands the risk of having his name struck off the roll. A Lawyer is a professional, and whether he handles civil or criminal cases, he must act professionally at all material times. In respect of criminal cases, whether he is representing alleged rapists, armed robbers, kidnappers, terrorists, fraudsters, murderers, arsonists or serial looters of the treasury, he has some standards or parameters which the legal profession enjoins him not to compromise in the defence of his clients, relating to, amongst others, objections to the charge qua counts, admissibility of evidence, both oral and documentary, competence or incompetence of the processes filed by the prosecution, making of a no-case submission as appropriate, etc. Rule 14(1) of our Rules of Professional Conduct mandates every Legal Practitioner to devote his attention, energy and expertise to the service of his client and subject to any rule of law, to act in a manner consistent with the best interests of the client; while Rule 14(5) provides that negligence in the handling of a client’s case by a Lawyer, may be of such a nature as to amount to professional misconduct. When we were students and aspirants to the Bar at the Nigerian Law School, we were all taught that a lawyer is under a duty, in murder and manslaughter cases, to, in appropriate instances, advance available defences, including alibi, insanity, provocation, intoxication, self-defence, etc., for his client. Can we say any Lawyer who proficiently carries out his duty to his client is obstructing the cause of justice? Definitely not! Indeed, any Lawyer who fails to put in his very best for his client, or who compromises the interests of his client simply because he craves the government’s public applaud in respect of a particular matter or prosecution, can be sued for professional negligence by such a client. It is the duty of any Lawyer representing any client in a criminal matter to be very

"MY POSITION ON CORRUPTION IS VERY CLEAR AND DIRECT, TO THE EFFECT THAT IT IS A CRIME AGAINST HUMANITY FOR ANY PERSON WHO IS CALLED UPON TO SERVE HIS STATE OR NATION, LOCAL GOVERNMENT OR COMMUNITY, ASSOCIATION OR UNION, ETC., IN ANY CAPACITY OR CATEGORY, TO MESS UP THE TILL OF THAT NATION, STATE, ETC., BY STEALING THEREFROM OR DEFRAUDING IT IN ANY MANNER"

alert, introspective and vigilant in the defence of his client. In this wise, he is duty bound to challenge the charge or indictment if it is incompetent, or if it is brought under a non-existing law or statute, or if the counts are duplicitous or repetitive, or if his client has been charged and convicted or acquitted under a similar charge before, or if the alleged offence was not a creation of statute as at the time it was allegedly committed. Grounds of objection to charges and indictments are ad infinitum and any counsel is at liberty to evoke them on behalf of his client. At the close of the prosecution’s case, it is also the duty of a defence counsel to make a no-case submission on behalf of his client, if appropriate. While a defence counsel in a criminal matter, is first and foremost an officer of the court who must assist the court to administer justice according to law, he is nevertheless, not an undertaker who is expected to take his client to the mortuary. He must put in his best for the client, within the circumference of the law, and if at the end of the day, his client is convicted or set free, he should be able to say that he has satisfied his conscience and the imperatives of his professional calling. I have very serious reservations as to what goes on in the criminal justice prosecution arena today, particularly, this wanton accusation against defence Lawyers and some Judges, either from within the

CONTINUED ON PAGE 10

10/COVER

02.01.2018

‘NIGERIA OPERATES A FAKE FEDERAL CONSTITUTION’ profession or outside. We should not translate criminal prosecution to a mob action, or equate it with jungle justice. We either queue behind the civilised norm of criminal justice according to law and constitutionalism, or criminal justice according to allegation and accusation, which will automatically lead to condemnation without hearing. In this regard also, we should abolish all the fine and entrenched provisions of our Constitution relating to fair hearing, and, abolish the court system. When we get to this terminus, we should also appreciate the fact that no one will be spared, including the accusers of today, who might be consumed by the unfortunate fire of primitive justice tomorrow. In moving to that juncture too, we should admit that we are already equating ourselves with God who alone is omnipotent, omnipresent, omniscient and all righteous. I want to plead with the present government and some of our colleagues, to appreciate the fine attributes of justice according to due process, and also tolerate the views of others, particularly legal practitioners, who defend their clients according to their calling and proficiency. Most humbly, those who are unfairly accusing some senior lawyers today, do not love Nigeria more than those they are accusing, and neither have they contributed more to the advancement of the country’s jurisprudence and legal literature than them. Kanu Agabi, SAN, for example, was the Attorney-General of the Federation who drafted the Bill which brought the EFCC into being. Chief Akin Olujinmi, SAN, succeeded him as Attorney-General and he implemented the EFCC and ICPC Acts and defended both as the Chief Law Officer of the nation. Today, these fine legal practitioners are in private legal practice, defending some of these people accused and already categorised as looters. In my own humble estate, I was the one who, acting as counsel, to two members of the National Assembly, as Plaintiffs, (Hon. Olu Mafo & Anor), got the Bill already passed by the National Assembly to repeal the ICPC Act, struck down before Egbo-Egbo J. (retired). The beauty of the profession of law, is that you allow your opponent or adversary to make representations that ventilate his client’s position, while you advance arguments per contra. I must confess that in my 41 years post-call experience, I have not, at any time, seen or witnessed defence counsel and judges, particularly in criminal matters, being gagged, harassed, harried, blackmailed, hassled or called unprintable names, as is fast becoming the norm. Funny enough, some notable counsel who point accusing fingers to some defence counsel today, were at the forefront of those who, passionately, and rightly too, defended some people who were accused of offences of financial crime in the past. With respect, I see some of these criticisms as a potpourri of strife, ignorance, mischief and outright misrepresentation. It is becoming the fad nowadays, for some colleagues in the legal profession to jump to the press, including electronic media, lambasting judges for delivering judgements which they have not even read, and the facts and applicable laws of which they are not familiar with. I was dumbfounded when, in the recent past, I appeared before the Supreme Court, the apex court sat from 9am till past 8pm, and attended to seven appeals on the same day. In line with the tradition of the Supreme Court, some appeals were allowed, while others were dismissed, through bench rulings, with the court stating that reasons for allowing or dismissing the appeals, would be given later. Without waiting or exercising patience to know the reasons for allowing or dismissing the appeals, some very notable Lawyers issued statements and appeared on television screens lambasting the Supreme Court for allowing some appeals and dismissing some. One wonders how any learned person, can do a critique of what he has not read, or assume what the reasons of the Supreme Court would be. Those of us who belong to the legal profession should be weary of committing class suicide. We should also not allow Shakespeare’s sarcasm, as evinced through Dick the Butcher in Henry VI, to the effect that, ‘the first thing we do, let’s kill all the lawyers’ (and lawyers include judges too), come to fruition in our own clime. To me as a person, I have no apologies to anybody in respect of any matter I handled or still handle, whether civil or criminal, and I jealously guard and protect my integrity. Practice at the Bar is not meant for lily-livered people, and the icons of the legal profession in Nigeria, starting from our patriarch, forebear and progenitor, the valiant, resolute and rugged Sapara Williams, was a firebrand within the ambit of the ethics and ethos of the profession. Again, I should not be construed, interpreted or constructed

CONTINUED FROM PAGE 9

as making any case for any fraudulent Lawyer or Judge, but re-echoing the point that whatever the degree of accusation against any Lawyer or Judge might be, he or she must be dealt with in accordance with due process, and should not be condemned or taken to Golgotha unheard. May I also plead with the NJC to treat, expeditiously, and within a limited time frame, every petition it receives against any Judge alleging corruption, dereliction of duty or negligence, etc. Do you agree with those who complain that most of the anti-corruption cases are often lost in court by the prosecution, and what is your advice to the prosecuting agencies? I do not agree that most of the cases initiated by the prosecution under the banner of the anticorruption war, are often lost. The prosecuting agencies themselves claim that they have secured tons of victories in several courts in terms of convictions, sentences and confiscation of properties, both physical and monetary. If one then goes by the assertion of the prosecuting agencies, I wonder why some people still keep on complaining that sensitive anti- corruption cases are often lost. Apart from this ex cathedra viewpoint of the prosecuting agencies, we should remind ourselves that it is not mandatory, compulsory, compelling or even usual, that every criminal prosecution must result in a conviction, otherwise we would be assuming that for every case that goes to court, the judex must condemn the accused person, whether rightly or wrongly, and whether or not the evidence led by the prosecution supports every ingredient of the offence. There is a gulf of difference between prosecution and persecution, and our Supreme Court has warned over and over, stating from the celebrated case of STATE v ENAHORO, that it is unethical for any prosecuting counsel to insist on achieving a conviction by all means. A lot of variables and considerations come into play while a criminal prosecution is embarked on. Prosecution should be taken as a very serious and professional business, requiring diligence and painstakingness in the gathering and assemblage of evidence, utmost care and patience in the drafting and couching of charges, meticulous, studious and assiduous precision in the leading of evidence and tendering of vital documents, and profound, well-researched and forensic advocacy while rendering addresses, whether at interlocutory or final stages. Before prosecution is initiated at all, the prosecutor must convince himself that he is not going out on a frolic of his own or initiating a charge merely to entertain the public. The prosecutor must be honest with himself not to initiate any criminal proceeding, if the evidence is terse, unreliable, unbelievable, incongruous, and if the facts at his disposal would not, prima facie, prove or establish every ingredient of the offence, since the law says and mandates that every ingredient of the offence charged must be established. Nowadays, it appears to me that rather than the prosecuting agencies leading credible, admissible and believable evidence in courts of law, they tend to display and flaunt some pieces of evidence in the media, both traditional and social, as well as the market overt, which cannot and are not necessarily admissible in court, thus, attempting not only to pre-empt a probable outcome of prosecution, but also to bias the mind

"TO START WITH, ANY LAWYER WHO OBSTRUCTS THE COURSE OF JUSTICE, WILL HAVE HIMSELF TO BLAME OR HAVE A DAY WITH THE DISCIPLINARY COMMITTEE OF THE BODY OF BENCHERS AND STANDS THE RISK OF HAVING HIS NAME STRUCK OFF THE ROLL" of the public. With this type of background and scenario, the public will cry blue murder when, at the end of trial or prosecution, the accused or defendant is discharged and acquitted. There is a world of difference between prosecution according to law, and prosecution embarked upon mainly to embarrass or witch hunt the accused person. Earlier in this interview, I identified the office of the Attorney- General as one of the pivotal institutions we need to anchor our democracy. The office of the Attorney-General is an ancient and sacred one; he is the Chief Law Officer of any nation, as well as the official leader of the Bar. An Attorney-General must know his onions, and be well grounded in law. He must be able to advice the government, whether at Federal or State level, on when prosecution should be initiated, and also counsel when it should not be done, particularly for political, whimsical or showmanship reasons. Where and when an Attorney-General is convinced that any particular case is good and ripe for prosecution, and he thus advises, he must follow the progress in any court of law, and if precise and exact evidence is led and peradventure, the case is lost at the court of trial, he must be able to advice that an appeal be filed promptly, to the Court of Appeal, and if the prosecution still loses at the Court of Appeal, then to the Supreme Court. While one appreciates the very busy schedule of an Attorney- General, any Attorney-General must be prepared to go to court at critical junctures to defend and/or ventilate a position he believes in, whether in civil or criminal proceedings. Without being immodest, as an Attorney-General at the micro level, I appeared in several courts during my two-year stint as the Attorney-General of the old Ondo State, leading Senior State Counsel and Directors, some of whom, are now Justices of the High Court and Court of Appeal. I remember that General Abacha’s mid-day coup announcement caught up with me at a Lagos State High Court on November 17, 1993, where and when, I was arguing a case, relating to the ownership of the Owena Towers for the Ondo State Government, leading Gboyega Adebusoye, Esq., then a Senior State Counsel, but now a Judge of the Ondo State High Court. I had to personally appear in court to handle the matter, not only because

of its economic importance to the State, but also because a respected and versatile Senior Advocate of Nigeria, was counsel for the opposing party. My further advice for the prosecuting agencies is that they should ensure that thorough investigation into any crime or allegation of crime is carried out before prosecution commences. They should not commence prosecution before searching, sourcing or scrounging for evidence. After assemblage of evidence, the prosecution should appreciate the fundamental fact that drafting of charges needs expertise, and they should always bear in mind that ours, being an accusatorial system, places the onus to prove and establish every ingredient of the offence charged on them. I want to repeat my admonition to the EFCC in one of my presentations to them as a defence counsel, when I was invited to present a paper at a retreat organised by the agency, to the effect that it does not make sense for any prosecutor to arraign an accused person on a 30-100 count charge. In that type of conundrum, the counts become duplicitous, repetitive, unwieldy, boring, nauseating, vague, ambiguous and meaningless. If, for example, someone is alleged to have embezzled or stolen a sum of one trillion Naira from the public till, that does not give the prosecution the liberty to file a 100-count charge against him, when what the prosecution should do, in the circumstance, is to be precise and concise, reduce and condense the entirety of the counts to a maximum of ten, which is handy and manageable. By the time any prosecution files counts running into 20 in number, and dovetailing into 100, the reading of the counts takes not less than two days, because the accused person must plead to each of the counts, and the Judge must record his plea. If it is a joint prosecution, involving about ten accused persons, reading of the charge alone might take three to four days. In this wise, prosecuting agencies must come to terms with the fact that, the business of prosecution is not for entertainment. There is also the need for proper coordination between the prosecuting agencies in Nigeria, essentially the Attorney-General, the Police, the EFCC, and the ICPC, because, to me, their positions are often at cross-purposes, with each trying to outshine and outsmart the other. My advice in this regard, is that all prosecuting agencies must submit to the constitutional authority of the Attorney-General, who is the Chief Law Officer of the nation, and who is vested with the constitutional power to initiate, take over or discontinue any criminal proceeding initiated by him or any prosecuting agency. Furthermore, prosecuting agencies, as well as the prosecutors, should stop riding on high horses, trying to dictate to and direct Judges as to what to do, even when their position is not supported by law, facts or precedent. While it is condemnable for the defence to try to influence or compromise the judex, it is equally abominable and criminal for the prosecution, either by itself or through any person at all, to make any attempt or do anything or take any step aimed at compromising the judiciary. None of the prosecuting agencies must see or take the judiciary as an extension of its office. I would advice the government, at every level, that rather than allowing any prosecuting agency to send and finance any Judge for any course, seminar or retreat, sufficient funds should be made available to the NJC and the National Judicial Institute (NJI) to organise and fund such courses, seminars or retreats. You led a legal team of about 13 Senior Advocates to defend the pre-election actions filed against Mr. President and his political party. What really were the issues in those matters? Why did the President and his political party need such an overpowering legal team to defend them, if their case was such an open and shut one? Whether a case is open or shut, a client is at liberty to hire the services of as many counsel as he wishes. It is also the fundamental human right of any client, to employ or engage the services of any counsel of his choice, and right from the celebrated case of AWOLOWO v MINISTER OF INTERNAL AFFAIRS, our Supreme Court put this matter beyond any peradventure. To me, there was no big deal in the President and his political party, engaging the services of the legal team put in place at that point in time. But let me confess that, I came into the matter at the instance and on the request of Asiwaju Bola Tinubu, the present Vice-President, Professor Yemi Osinbajo, SAN, who was then the VicePresidential candidate, and the then Governor of Lagos State, Babatunde Fashola, SAN. Having said that, and again, bearing in mind what I said under the preceding question, to the effect that a Lawyer is under a duty to put in his very best

CONTINUED ON PAGE 11

02.01.2018

COVER/11

‘NIGERIA OPERATES A FAKE FEDERAL CONSTITUTION’ in the defence of his client, the said legal team, consisting of highly tested and seasoned legal practitioners, put in the very best to all the cases in terms of diligence, case management, hard work, research, strategy, commitment, dedication and professionalism. The team included myself, Prince Lateef Fagbemi, SAN, Chief Akin Olujinmi, SAN, Rotimi Akeredolu, SAN, Kola Awodein, SAN, Professor Taiwo Osipitan, SAN, Emeka Ngige, SAN, Abubakar Malami, SAN, (the present Attorney-General of the Federation), Chief Charles Edosomwan, SAN, Femi Atoyebi, SAN, Femi Falana, SAN, Funke Aboyade, SAN, and Dr. Muiz Banire, SAN. Let me also say that contrary to insinuations making the rounds, it was not because of money that we gave our all to the matters. How I wish we made the money! And how we still wish the money comes in, either today or tomorrow. On a serious note, and I stand to be faulted, but for our commitment and efforts, leading to our obtaining, before Kolawole J., a stay of proceedings, through an oral application on 25th March, 2015, the presidential election which took place on 28th March, 2016, (three days after we obtained the order for stay of proceedings) might not have held. We got the order for stay of proceedings, in respect of the controversial card reader issue before Kolawole J., who, after overruling our objection on 25th March, 2015, hinted that he would go ahead with the hearing of the Originating Summons and deliver his judgement before the election. Before obtaining the oral application for stay of proceedings before Kolawole J., we had also secured a similar order for stay of proceedings before Ademola J. in another matter, but through a formal written application, supported by an affidavit and written address. In effect, two different Justices of the Federal High Court exercised their discretion to stay proceedings pending appeals on two major suits, out of the several pre-election matters filed against the APC and its presidential candidate. Again, this subject reminds me of my previous plea to some of our colleagues and Nigerians who are always in the habit of attacking and criticising some Lawyers, wrongly for that matter, for what they describe as obstruction of justice, to be careful, honest and cautious in their public utterances. Again, speaking for myself, I have no apology to make for participating in the said cases, and no regrets whatsoever. About what the issues in the cases are, I don’t need to start rehashing them now; the important thing remains that we managed and curtailed them effectively, within the permissible and allowable precincts of the legal profession. We anticipated where ex parte or interim orders of injunction could spring up in any part of Nigeria, from the South- South to the South-East, through to any part of the South-West and North Central, and we effectively checkmated them. We were in constant brainstorming sessions throughout the period. Let us be honest with ourselves, had we handled such cases for another set of clients, or if we are handling such for any client today, then we would have been serially condemned for obstruction of justice, while some people would have called for the head of the Judge who granted an oral application for stay of proceedings. The order would have even been elevated to the status of perpetual injunction. What was the NBA’s grouse against sections 5(5) and 25 of the Money Laundering Act and the setting up of the Special Control Unit against Money Laundering (SCUML), as you were the one who led the NBA’s legal team to challenge the said sections of the Act in relation to legal practitioners and legal practice? In drafting and promulgating money laundering Acts in different jurisdictions of the world, professionals who owe confidential duties to their clients, particularly lawyers and attorneys, are always exempted from the type of provision

"I MUST CONFESS THAT IN MY 41 YEARS POST-CALL EXPERIENCE, I HAVE NOT AT ANY TIME, SEEN OR WITNESSED DEFENCE COUNSEL AND JUDGES, PARTICULARLY IN CRIMINAL MATTERS, BEING GAGGED, HARASSED, HARRIED, BLACKMAILED, HASSLED OR CALLED UNPRINTABLE NAMES, AS IS FAST BECOMING THE NORM"

CONTINUED FROM PAGE 10

we have in section 5(5) of our own Act. Lawyers are not expected to be compartmentalised with dealers in jewellery, hoteliers, casino operators, supermarket owners, etc., as Designated NonFinancial Institutions (DNFNIs). Section 192 of the Evidence Act and Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners make it mandatory for legal practitioners to protect and keep all confidential communication between themselves and their clients. In our view, the Special Control Unit against Money Laundering (SCUML), could not be empowered to register legal practitioners or regulate the conduct of legal practice. The then President of the NBA, Okey Wali, SAN, led a delegation of some senior legal practitioners, including myself, Chief Bayo Ojo, SAN, and others, to the then CBN Governor, the EFCC and the Attorney-General of the Federation, complaining that they should exclude legal practitioners from the application of sections 5(5) and 25 of the Act. Rather than hearkening to this legitimate and simple request, the powers-that-be authorised banks all over the country, not to open any accounts for any legal practitioners, and to also stop the operation of any previous accounts opened by legal practitioners until each law firm or legal practitioner registered with SCUML. The practice of law by legal practitioners, virtually came to a standstill, and Lawyers were being harassed all over the country for non-compliance with the provisions of section 5(5) and for not submitting to the jurisdiction of SCUML. It was at this stage that Okey Wali, SAN briefed myself, Funke Adekoya, SAN, and Babajide Ogundipe to issue an Originating Summons on behalf of the Registered Trustees of the NBA against the Attorney- General of the Federation and CBN, asking for the interpretation of sections 5(5) and 25 of the Act in juxtaposition with the relevant and extant laws governing the practice of law and regulating the profession of legal practitioners in Nigeria. Judgement was delivered by Kolawole J. of the Abuja High Court on 20th December, 2014, in favour of the NBA, and sections 5(5)and 25 of the Act were struck down, in so far as they purport to relate to legal practitioners. An appeal against the judgement was promptly lodged to the Court of Appeal, and the then President of the NBA, Austin Alegeh, SAN, pleaded that I should take up the appeal, again pro-bono, on behalf of the Association. A full court of the Court of Appeal heard the appeal on 3rd May, 2017 and on 14th June, 2017, dismissed it and affirmed the judgement of the Federal High Court in favour of the NBA. Since then, our chambers has become a Mecca of sorts, as legal practitioners all over the country keep on asking for certified true copies of the judgement. Do you agree that IPOB should have been proscribed because it is a Terrorist Organisation? Section 1 of the Terrorism (Prevention) Act defines what a terrorist organisation is, but the matter does not stop there as that definition is qualified by the further provision of section of

1(2)(b)(ii) (iii). In other words, and within the ambit of law itself, the matter is not as simplistic as one might think. To consign an organisation as a terrorist one, we have to conclude that it is seriously intimidating a population and also seriously destabilising or destroying the fundamental, political, constitutional, economic and social structures of Nigeria. Has IPOB been guilty of this? The answer is neither here nor there. But even if IPOB is consigned as a terrorist organisation within the meaning of the Act and proscribed (as the Federal Government has now done), the proscription raises more questions than answers; including what if IPOB changes its name from IPOB to any other alias, will the Federal Government proscribe it under the new name again? What is the beneficial effect of proscribing an association, when its members have not and cannot be proscribed? What of the other intimidating and terror-inducing associations and organisations all over the country? Have they been proscribed? Going by the Federal Government’s definition and actions, the government must be prepared to proscribe as many organisations, associations, unions, gangs and congregations as imaginable. A group or gang of armed robbers, is a terrorist organisation within the definition and application which the Federal Government assigned to IPOB. Ditto for a gang of kidnappers, as well as rampaging individuals carrying arms and ammunition, killing, maiming and destroying persons and properties all over. The Federal Government must be prepared to also proscribe them. Coming specifically to IPOB, the Federal Government must also beam its searchlight on organisations that are even deadlier than IPOB in every zone of Nigeria, be it North-East, North-Central, South West and South- South. Rather than proscribing IPOB or any association or organisation at all agitating for a peculiar set of people in Nigeria, it is high time the Federal Government reached out and stretched reconciliatory and restructuring hands to Nigerians, with a plea for them to ‘come, let us reason together’. Do you agree that the people of the South East Zone have been marginalised and discriminated upon within the Nigerian arrangement? What are your views on not just restructuring, but dousing the tension arising from all these agitations in the country? Is Nigeria’s indivisibility really non-negotiable? It is not the people from the South-East Zone alone that have been marginalised, and I dare say that every zone in Nigeria, including the North West, where the President hails from, is being marginalised and dehumanised. Let me make a case for where I come from, Ikere, in Ekiti South Senatorial District. What appears to be the only Federal Government presence in the entire senatorial district is the Ogbese Dam which, right from the administration of Yar’adua, and till date, the Federal Government purported and still purports to have

been budgeting hundreds of millions of Naira for its implementation and completion, year in, year out, without anything to show for it, or for the humongous budgetary figures always displayed every year. Yet, this project was and is still expected to revolutionise the provision of drinkable water for most of the towns and villages in the senatorial district, as well as resuscitate the agricultural potential of the zone. The unfortunate scenario is that we do not want to face the reality, and Nigerians are being treated like orphans. Successive governments in this country have taken our people for granted. Basic things of life, which are taken for granted by citizens of other climes including basic education, housing, healthcare, good roads, access to electricity and potable water, care for the aged, employment opportunities for the youth, shelter for citizens etc, are far from the reach of most Nigerians. I still maintain that any anti-corruption war or crusade will become meaningful if these basic things of life are available. My position on restructuring has not changed. As long as we continue to run a fake Federal Constitution, a hydra-headed unitary document, its application will continue to asphyxiate the nation. We must come to the realisation that in this age and time, no government can insist on having its way, at the expense of the yearnings of its people. When we left the university a little over four decades ago, nearly all the Nigerian graduates as at then were offered employment; be they doctors, lawyers, pharmacists, accountants, engineers, graduates of individual languages, etc. Today, our graduates in their early twenties, and in their thousands if not millions, roam the streets in search of employment opportunities that are not available. At Federal and State levels, jobs are not being created. It is a question of everybody for himself. We must consciously and steadily build a nation that is loved by the citizens, and not one that is pretentiously loved by the powers that be at any given time. The fidelity to the nation must be permanent and unequivocal, rather than committed to individuals and personalities. The government has to reach out, and disrobe itself of the assumption that it knows it all. While it is better for us to click together as a nation, we must assiduously work to build a nation where peace and justice reign, where oppression and suppression are ostracised, and where the government appreciates and sympathises with the perilous conditions of the vast majority of the citizenry, working consciously and practically to proffer solutions and remedies. We must also strive to build a nation of powerful institutions rather than powerful individuals, as it is only resilient and enduring institutions, which automatically outlive and survive powerful individuals, that make any nation tick. The Federal Government introduced a Whistle-blower Policy which appears to already be losing steam, even as corruption seems to be on the rise. What else needs to be done to ensure that Nigeria gets out of this concentric circle of corruption? In the United States of America, there is the Whistle Blower Protection Act which was enacted in 1989, while in the United Kingdom, they have the Public Interest Disclosure Act, which was enacted in 1998. Both laws codify the duties and responsibilities of a whistle blower. In effect, the whistle blowing policy is not restricted to Nigeria alone, and it can be rightly submitted that, Nigeria is borrowing it from other advanced countries, just as we have borrowed our presidential system of government from the United States. It is a credit to the Buhari Administration that it introduced the Whistle Blower Policy, but unfortunately, like every other policy or institution in Nigeria, we are already on the verge of abusing, misapplying and desecrating the policy. Let us take the Osborne Towers, Ikoyi, apartment discovery for example. It is one that is being touted as a major achievement of the policy, but on which different officials of government are singing discordant tunes, ranging from the fact that the alleged whistle blowers would go gaga if they are paid, through to the allegation that those who have come out as whistle blowers are not recognised by government, nose diving to different individuals threatening court action against the government as they claim to be the actual whistleblowers, and berthing in the recent statement credited to the Minister of Finance, that a sum of Four Hundred and Sixty-one Million Naira has now been approved by the Federal Government, for the whistleblowers in the month of November. To my mind, we are not just corrupting the policy, but also making a mess of it. Unfortunately for Nigeria and Nigerians nowadays, a lot of people

CONTINUED ON PAGE 12

12/COVER

02.01.2018

‘NIGERIA OPERATES A FAKE FEDERAL CONSTITUTION’ do not want to do any research or background checks about any policy or idea to be adopted, but only join the band wagon of chorus boys whenever the government sounds the trumpet of corruption allegations. What do I mean? An ideal Whistle Blowing Policy, should not be tied around the narrow and weather-beaten issue of corruption, but is all- embracing and inclusive of the need to inculcate good governance in the country’s ethos. For example, Benjamin Franklin, former President of the United States, was one of the first whistleblowers in America, when, as far back as 1773, he exposed some confidential letters, alleging that the Governor of Massachusetts misled Parliament to promote a military build-up. In other countries as well, much emphasis is not placed on a reward system as we are presently doing. Whistleblowing should permeate all aspects of governance, including nepotism, avarice, incompetence, mis-governance, maltreatment, discrimination, etc. In cases where whistleblowing should attract monetary compensation, we must not do so at the expense of hard work, so that every Nigerian does not translate himself/herself to a whistleblower and in the process, jettisoning the dignity of labour and hard work. Such cases should also be related to issues of national security, like when the late Colonel Dimka assassinated the much-loved General Murtala Ramat Mohammed, and the government placed a reward for any whistleblower who could provide any information leading to Dimka’s apprehension. That was what the American government recently did in the case of Osama Bin Laden. I will advice the National Assembly to do a soul-searching exercise on this subject, and come up with a Bill that will capture and address the whistleblowing policy in all its ramifications. In fact, whistleblowing should be induced by the civic duties of the citizens to expose crime, and not accentuated by a reward system where people, for instance, want a share of alleged looted funds. It should also not be a substitute for, or discourage the statutory responsibility of the police to detect crime. Rather than making cash payments to whistle blowers, the money should be substantially channeled to improving the investigative powers of the police, whilst whistle blowers are compensated in other ways, e.g education, support, scholarships, etc. What do you then say about the plan to create special courts for corruption cases? Do you support it? Without much ado, I reiterate my position that we do not need special courts for corruption cases. For now, our judicial landscape is over-saturated by federal courts, and they include the Supreme Court itself, the Court of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, as well as some tribunals, amongst which are the Code of Conduct Tribunal, Investments and Securities Tribunal, etc. The judiciary, just like the Nigerian system itself, has now been unitarised. The State High Courts have been totally sidelined and emasculated. It is a dangerous signal to the administration of justice in Nigeria, whether criminal or civil. We are fast forgetting that every State in Nigeria has an Attorney-General, who is the Chief Law Officer of the State, and by and large, the constitutionally defined roles of a State’s Attorney-General are being wiped off. I was once a State Attorney-General, and I still remember the powers I wielded and exercised, viz a viz the Federal Attorney -General then. Apart from this, if we have special courts for corruption cases, are we saying, in all sincerity, that the said corruption cases are more important than cases of rape, arson, murder, manslaughter and other matters relating to wanton destruction of lives and properties by either herdsmen, militants, terrorists, etc? Hence, once we have corruption courts, we must also have special courts for these other crimes. Maybe we will also have special appeal courts for corruption related cases, independent of the Court of Appeal and the Supreme Court. What we should do is to rehabilitate the State High Courts that are dying and being extinguished, and restore and revive their old jurisdiction, so that both the Federal and State Courts can fairly cope with the myriad of challenges facing the nation, both in the civil and criminal areas of adjudication. It is uninteresting that rather than asking for the creation of a constitutional court that will take care of constitutional and electoral cases which litter our judicial landscape, and relieve the Court of Appeal, as well as the Supreme Court, from the unnecessary burden of dissipating time and energy on these cases, which are escalating geometrically in number, pundits are urging for the creation of special courts for anti-corruption

CONTINUED FROM PAGE 11

cases. Your tenure as President saw the creation of sections in the NBA which was welcome with much enthusiasm and excitement. What is your assessment of those sections now against the backdrop of the vision you had way back in 2003? SPIDEL for instance seems to be in comatose. While campaigning for the Presidency of the NBA, it was one of my major campaign promises that if elected as President, I would initiate the creation of special sections within the NBA, as it is done in the International Bar Association, in order to take care of the yearnings and aspirations of a good number of our colleagues who had developed and acquired expertise in several areas of law, whether commerce, taxation, maritime, franchise, cabotage, transport, communications, oil and gas, aviation, environmental, criminal, civil, etc. Immediately upon my assumption of office, our Executive set up the modalities for putting in place the Sections on Business Law and Legal Practice. At our Annual General Conference in Enugu in 2003, we first experimented with the idea of having the conference on the Business Law Section and Legal Practice Section. The late leader of the Bar, Chief Debo Akande, SAN, was made the overseer of the different forums where the conference was held. Thereafter, the pioneer officers of the two Sections were appointed with George Etomi and Adegbola Adeniyi (now Justice Adeniyi) as Chairman and Secretary respectively, of the Business Law Section, while Messrs. Yusuf Ali and Richard Ahonaruogho were made Chairman and Secretary respectively of the Legal Practice Section. Bye-laws for the two sections were submitted to NEC and approved, while the two Sections were inaugurated in Ilorin on 8th July, 2004, and a copy of the Bye-Laws was given to each of the members. Our 2004 Annual General Conference, held in Abuja between 22nd – 27th August, was purely organised on the platform of the two Sections. Both Sections did very well in the beginning, but along the line, for reasons which I cannot appreciate, everybody now wants to be a member of the Business Law Section at the expense of the Section of Legal Practice. Not much is being heard about the Section of Legal Practice today. My executive did not create SPIDEL, it was an initiative of a successive Executive. I also agree that SPIDEL, like SLP, is comatose. The ‘in thing’ in the NBA today is the Section on Business Law, it is amazing. The Stamp and Seal initiative of the immediate past administration is also an area where Lawyers have expressed discontent and dissatisfaction. Some have complained the stamps take such a long time to get and their lifespan is very short. What would be your advice on resolving this problem? Permit me to also correct the wrong impression being bandied about within the rank and file of NBA members, that the stamp and seal was the initiative of the immediate past administra-

tion of the NBA. It was not. It was an idea brought about, nurtured and executed by my Executive. Mrs Funke Adekoya, SAN, the first Vice-President, was so passionate about it, as she headed the Committee on the Stamp and Seal. The stamp and seal project of my Executive was commissioned at the NEC meeting held at Ilorin on 8th July, 2004 by the then Chief Justice of Nigeria, Honourable Justice M.L Uwais. It was a very elaborate and successful affair. Immediately before, during and after the event, the composite stamp and seal instrument was given to members who duly paid . I am not, by any stretch of the imagination, condemning the revised edition of the initiative, as initiated by the Okey Wali-led Executive and completed by the Austin Alegeh Executive. All I am saying is that we, as Lawyers, must not readily forget our history, particularly the history of an initiative that took place in 2004. Regarding the complaints that the stamps take such a long time to obtain, while their lifespan is short, I will also advise that the present Executive should be retrospective, go into the archives, and study the presentations relied on by my Executive before we executed the project. I still have my composite device, embracing the stamp and seal, and I believe that many Lawyers in the country still have theirs as well. They should borrow a leaf from those presentations, as well as the devices distributed by us, in order to make a lasting improvement on the stamp and seal project. Does the Senate have the power and moral rectitude to summon every citizen before it? Impression is now being given that it has constituted itself into a judicial or quasi-judicial body. Both the Senate and House of Representatives constitute the Legislature at the Federal level, which is an important arm of government, amongst the tripod – Executive, Legislature and Judiciary. To demonstrate its importance, the Constitution treats it first in Chapter V. Section 88 of the Constitution, ties the investigatory powers of the National Assembly substantially to any matter or thing with respect to which it has powers to makes laws, as well as the conduct of affairs of any person or authority of Ministry or government department charged with the responsibility of executing laws enacted by the National Assembly or disbursing monies appropriated by it. In my view, the National Assembly has the power to investigate the affairs of the people in government, who have the responsibility of carrying out or discharging the obligations the laws made by the National Assembly or administer monies appropriated by it. In effect, the investigative powers are not at large, and I hasten to advice the National Assembly to restrict itself to the provisions of the Constitution, rather than acting as an ombudsman relating to the affairs of private individuals and companies. I have my very serious doubts if

"I WANT TO REPEAT MY ADMONITION TO THE EFCC IN ONE OF MY PRESENTATIONS TO THEM AS A DEFENCE COUNSEL, WHEN I WAS INVITED TO PRESENT A PAPER AT A RETREAT ORGANISED BY THE AGENCY, TO THE EFFECT THAT IT DOES NOT MAKE SENSE FOR ANY PROSECUTOR TO ARRAIGN AN ACCUSED PERSON ON A 30-100 COUNT CHARGE. IN THAT TYPE OF CONUNDRUM, THE COUNTS BECOME DUPLICITOUS, REPETITIVE, UNWIELDY, BORING, NAUSEATING, VAGUE, AMBIGUOUS AND MEANINGLESS" the National Assembly has the vires to do this, and some decided authorities, starting from the celebrated case of MOMOH v SENATE, EL RUFAI v HOUSE OF REPRESENTATIVES and GUARDIAN NEWSPAPERS v AGF, corroborate this submission. However, in respect of those who come within the specific purview of section 88 of the Constitution, they might have no reason for not submitting to the investigative proceedings of the National Assembly. I have said earlier in this interview, that for our democracy to flourish, we must build strong institutions, and each of the houses of the National Assembly are part and parcel of the expected institutions. While judgements and orders of our courts must be obeyed and respected, investigative invitations extended by the National Assembly to government functionaries who come within the purview of its investigative activities ought to be respected. I commend the Attorney -General of the Federation for answering and submitting himself to the investigative query of the National Assembly on the Maina saga That is how it should be. Let us quickly remind ourselves that, but for the outcome of the investigation carried out by the National Assembly, Nigerians would not have known what happened to the disbursement and administration of the funds earmarked for the internally displaced people by the erstwhile Secretary to the Government of the Federation. While I quickly advice that there is a world of difference between investigation and witch-hunting, and that the National Assembly should not turn itself into a Knight-errant, we must take a cue from what the United States Congress does with its investigative powers, to sustain good governance and probity, and curb impunity on the part of those who hold public offices, including members of the Congress themselves.

02.01.2018

OPINIONS/13

Re: Judiciary: A Tale of Two Decisions In response to my request in The Advocate’s Column of 19/12/17, for opinions from you my learned colleagues on the Court of Appeal’s decision in Justice Nganjiwa’s case and the denial of entry of Amasa Firdaus into the Call to the Bar ceremony, on account of her refusal to remove her hijab, Joseph Otteh and Sheik Bin Baaz share their views on both issues All can exercise their various jurisdictions contemporaneously in a given case. On the contrary, it is mutually more beneficial, if these respective bodies exercise their jurisdictions simultaneously and cooperatively. The NJC can rely on law enforcement bodies to undertake forensic investigations involving criminal allegations when necessary, and ant- corruption agencies can, perhaps, rely on NJC findings whenever this is relevant.

No: It’s Not Right to Write a “Procedural” Immunity Clause for Judges into the Constitution

O

n the 11th of December 2017, the Lagos Division of the Court of Appeal delivered a judgement in HON.JUSTICE NGANGIWA v FRN that has very far-reaching implications for the rule of law, separation of powers and the accountability of the Judiciary in Nigeria. The Court ruled that, in relation to offences within the scope of the duties of a judicial officer, there is a constitutional requirement for law enforcement agencies to await the conclusion of disciplinary proceedings by the National Judicial Council (NJC) before they can undertake any investigation and prosecution of such judicial officers, saying that it is only when the NJC has “has given a verdict and handed over such judicial officer ... to the prosecuting authority, that he may then be investigated and prosecuted by the appropriate security [sic] agencies.” We disagree with this judgement, respectfully. The decision will gravely undermine the ability of law enforcement agencies to function freely and independently, and obstruct efforts to hold the Judiciary accountable for any abuses of its adjudicational authority for which many Judges have been sanctioned by the National Judicial Council (NJC) in limited respects. Although the decision avers to safeguard the separation of powers structure between the respective branches of government, it however, brutally assaults it, for it essentially bars law enforcement agencies (executive bodies) from undertaking their functions where judicial officers are concerned, unless the NJC (a judicial body) has first examined the matter and found the Judge culpable of misconduct. The Court of Appeal said it was not conferring immunity on judicial officers from investigation or prosecution; however, what it did was just enough to do so. If the NJC chooses, for whatsoever reason, not to “surrender a judicial officer”, this can effectively foreclose the investigation or prosecution of such a Judicial Officer. We have not found anything in the Constitution, that authorises a branch of government to dictate whether, and how another branch can execute its responsibilities in this way. Impossibility of Holding Judges Accountable The Court of Appeal has now introduced a “procedural” immunity clause for Judges, which, all things considered, may be just as good as a substantive immunity protection. Here’s how: persons who may have information of, say, illicit enrichment by Judges, cannot approach the NJC, because the NJC will ask for hard proof – as has happened in many instances. Not having the powers of law enforcement agencies, they cannot gather evidence by themselves from relevant financial institutions, as only law enforcement agencies can request to see financial cash-flow statements from financial institutions within the context of a criminal investigation. The Court of Appeal has now said that law enforcement agencies cannot even now use that lever with financial institutions to gather proof, unless the NJC has determined that the Judge is guilty of a misconduct and refers the matter to them. As such, the NJC cannot find a Judge “guilty” of allegations of dishonourable conduct unless tangible proof is presented, but tangible proof cannot possibly be presented because the institutions in a position to gather them are disallowed by this judgement from entering into an investigation, gathering and then presenting them. The Court of Appeal’s judgement, therefore, foists on everyone a catch 22 scenario, and makes it virtually impossible to prove any criminal wrongdoing against any Judge. It will now nearly be impossible to hold Judges criminally accountable for any misconduct following this judgement. EZE v UMEZULIKE Here’s a practical illustration with a petition that came before

Justice Hyeladzira Nganjiwa

the NJC. Peter Eze, a complainant had written to the NJC in 2014, alleging that the former Chief Judge of Enugu State, Justice Innocent Umezulike had accepted Ten Million Naira from a person who was a litigant in his court, but had donated the money at the launching of Justice Umezulike’s book. His complaint was dismissed by the NJC at that time. In 2016, Peter Eze re-presented the complaints to the NJC. The Respondent (the Chief Judge) claimed that the Ten Million Naira donation made by the litigant, was made to the Publisher of the book, and not to him personally. Interestingly, the donor/litigant also wrote to the NJC, saying that the donation was made to the Publisher of the book and not to the Chief Judge personally. According to Peter Eze, this time around, the “NJC ... indicted the CJ for inviting a litigant before him to the book launch” and recommended his retirement. The NJC did not investigate the former Chief Judge’s claims that the money was not paid to him personally. However, according to Eze: “When EFCC came into the matter, they invited the litigant who now admitted that it was a personal donation to his friend the CJ. EFCC was able to get the CJs statement of account showing that the cheque for Ten Million was issued in his name, and paid into his account. EFCC also got a statement from the Publisher, who admitted that it did not invite the litigant to the book launch and did not collect any money at the book launch as ... claimed by the CJ and the Publisher before the NJC.” The point being made is that the NJC cannot, by itself, conduct forensic investigations that can help it establish whether Judges have committed some types of misconduct or not, and actually needs the collaboration (and not exclusion) of law enforcement agencies to do this. Cooperation Between the NJC and Law Enforcement The Court relied on sections 153 and 158 of the Constitution to reach the conclusion that the NJC is not subject to the control of another authority or person; therefore, it must first, in the court’s opinion, determine whether a Judge is “guilty” of misconduct before criminal law agencies can do their work. It however beggars belief, to suggest that the NJC is being “subject[ed] to the control” of law enforcement agencies, only because a Judge is being investigated or prosecuted by a law enforcement agency. The authority and jurisdiction which the NJC exercises over any Judge, is not in any way interfered with when law enforcement agencies investigate or prosecute a Judge. A criminal inquiry into the conduct of any Judge neither stops nor delays the NJC’s work; it does not direct it, or dictate its outcome; it does not control it, or frustrate it. The NJC is fully able to exercise its jurisdiction over any Judicial Officer irrespective of whether the Judicial Officer is undergoing a criminal investigation or prosecution and this has, indeed, been so for many years. The NJC and criminal justice institutions have their respective, exclusive spheres of responsibilities, and these do not interrupt, obstruct, or, borrowing a familiar phrase, “jam the frequency” of one another.

"THE PREMISES UPON WHICH THE COURT’S JUDGEMENT WAS BASED WAS PATCHY, FRAGMENTED AND CLEARLY DID NOT CONNECT ALL THE DOTS; THE COURT SAID IT WAS TRYING TO PRESERVE CONSTITUTIONAL PRINCIPLES OF SEPARATION OF POWERS, BUT WHAT IT ACTUALLY DID, WAS PUT THE BOOT ON THE OTHER FOOT"

Some Consequences of Court of Appeal’s Interpretation The Court also failed to anticipate the broad, overarching consequences of its interpretation of sections 153 and 158 of the Constitution: if law enforcement agencies cannot investigate and prosecute Judges on the strength of sections 153 and 158, it follows, inexorably, that law enforcement agencies cannot also investigate or prosecute officials of the other bodies listed in sections 153 and 158, - such as the Federal Civil Service Commission; Federal Judicial Service Commission and Police Service Commission-because, to use the argument of the Court of Appeal, these bodies are not subject to the control or direction of any other body. Given also that they all have their internal disciplinary procedures, it must then follow, pari passu, that law enforcement agencies must wait for these disciplinary mechanisms to conclude their work first, and, (to use the phrasing of the Court of Appeal) “remove the toga” (of, say “police officer”) from the affected individual(s), before they are handed over to law enforcement agencies. What is sauce for the goose, as it is said, must be sauce for the gander, constitutionally speaking! The principle of the Court of Appeal’s decision will also be applicable identically to the States. The implication is that, law enforcement agencies will also be unable to investigate or prosecute lower court judges – Magistrates, Area, Customary and Sharia Court “judges” as well as court employees (court registrars, clerks, bailiffs etc), until the State’s Judicial Service Commission has first determined that such judges or court employees are guilty of some misconduct, and,. as a consequence, stripped them of their status as lower court “judges” or court employees, before law enforcement agencies are given permission to do their work. The more you probe the cohesiveness of the decision’s logic, the more it unravels. The Court of Appeal refers to how other cases – such as that involving the former Secretary of the Federal Government was handled (the use of an internal probe before referral to “security” agencies). It is not clear how that widely criticised politically-crafted precedent, can inform the debate. First, it is quite a stretch to say an isolated incident escalates into something of the nature of a practice; on the contrary, there are senior officers of government such as the sitting Senate President, who are being prosecuted without an internal probe occurring first. Second, even if that incident represented a valid frame of reference, how does it prevent an independent law enforcement agency, upon a complaint by anyone else, from moving in and beginning its own investigation, even if that disrupts and preempts a formal government referral to it, if such an agency is truly operating independently? The Court of Appeal forgot to consider that in advanced democracies, judicial officers are not sacred cows, enjoy no (procedural or substantive) immunities, and are subject to the laws of their respective countries like everyone else, so that they can be arrested and prosecuted notwithstanding whatever disciplinary proceedings they face before judicial oversight bodies. Furthermore, it is important to remember that not all sanctions of the NJC result in the “stripping” of the “judicial standing” of a Judge. In practice, Judges have been “warned” only, or “put on a watch list”, with nothing further recommended against them. Applying the logic of the Court of Appeal’s judgement, it would mean that, notwithstanding the acts of misconduct done by a Judge, so long as it did not result in the “stripping” of the “judicial toga” of the Judge, he/she cannot be the subject of criminal investigation or prosecution. There have been a number of instances where petitioners make multiple allegations of misconduct against a Judge, one of which may be corruption. The petitioner may be able to prove a non-criminal misconduct allegation (say, for example, a Judge not releasing the judgment after its delivery for purposes of an appeal), but not, for example, that of corruption (that may have been the underlying motivation for the Judge’s conduct.) The NJC may thereafter, decide to “warn” the Judge only, and dismiss the allegations not proved. Since the verdict did not “strip” the Judge of his “toga” of judicial officer, it would mean law enforcement agencies, on the basis of the judgement of the Court of Appeal, cannot investigate/prosecute such a Judge at all, irrespective of what information they have. Additionally, it is useful to recall that, the NJC does not actually “remove” a Judge from his or her office. Under our Constitution, it can only recommend the removal of Judges, but it is ultimately the head of an executive branch (the President or State Governor) that does the removing of the judicial officer. Until that is done, the

CONTINUED ON PAGE 14

14/

02.01.2018

Where the Lady that was Not Called to the Bar, Goofed

I

n the circumstance, the decision of the Body of Benchers to refuse faith-based and other unapproved dress codes admittance to the Nigerian Bar (backed by s. 4(1) LPA which empowers the body to determine incidents of good character requisite for admittance to the Nigerian Bar), is a “law reasonably justifiable in a democratic society in the interest of public policy” within the meaning of s. 45(1)(a) of the Constitution, and therefore, cannot be invalidated on the basis of s. 38(1), which is subject to the provisions of s. 45(1) (a) thereof. On the second leg, we submit that the rights accruing to a person under s. 38(1) are validly derogable from if it is in the interest of protecting the rights and freedoms of other persons. This is the provision of s. 45(1)(b) of the Constitution. We had shown that the rights guaranteed under s. 38(1) avail not only the lady refused admittance to the Nigerian Bar for her conduct, but also the Body of Benchers as well. We had also shown that the Body of Benchers is entitled under s. 4 LPA to determine incidents of “good character” requisite for admittance to the Nigerian Bar; and that in the exercise of that entitlement, the Body of Benchers issued the “no faith-based or other unapproved dress code” rule in regard to admittance to the Nigerian Bar. In the circumstance, the generic rights of the lady in question cannot be asserted to the detriment of an express entitlement of the Body of Benchers to determine (in exertion of its

rights to freedom of thought under s. 38 and power to determine good conduct for call to the Nigerian Bar under s. 4 LPA), the appropriate dress code for admittance to the Nigerian Bar. S. 45(1)(b) clearly allows a derogation from the said lady’s rights for the purpose of protection of another person’s rights – in this case the rights of the Body of Benchers. Does the decision of the Body of Benchers to disallow faith-based or other unapproved regalia for the Call to Bar ceremony constitute discrimination on account of religion? Our simple answer to this question, is that it does not. The provisions of s. 42(1)(a) of the Constitution are clear on the point that a disability to which any person is subjected on account of religion would ONLY constitute discrimination if those same disabilities are NOT extended to adherents of other religious beliefs. S. 42(1)(a) provides that a citizen of Nigeria of a particular religion shall not, by reason only that he is such a person, be subjected to either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other religions are NOT made subject. This is clearly not the case here, as the “no faith-based or other unapproved dress code” rule of the Body of Benchers is applied to ALL aspirants to the Nigerian Bar, regardless of their religious beliefs or inclinations. Indeed, it would amount to discrimination of adherents of other religious beliefs, if a female

Muslim aspirant to the Bar is allowed to wear her hijab underneath her wig and gown for her Call to Bar ceremony and say, a female Aladura aspirant to the Bar is not allowed to appear bare-footed wearing her white flowing gown and fluffed head cover band beneath her wig and gown for her Call to Bar ceremony. S. 42(1)(b) of the Constitution is instructive on the point. It provides that a citizen of Nigeria of a particular religion shall not, by reason only that he is such a person, be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is NOT accorded to citizens of Nigeria of other religions.

NO: IT’S NOT RIGHT TO WRITE A “PROCEDURAL” IMMUNITY CLAUSE FOR JUDGES CONTINUED FROM PAGE 13 NJC has adopted the practice of “suspending” that judicial officer. But even while on suspension, such a Judge is no less a judicial officer until his/ her removal has been formally effected: this is when, to use the language of the Court of Appeal, the “toga” of “judicial officer” is removed. What the judgement therefore says, is that unless a Judge is formally removed from office by the President or Governor, law enforcement agents cannot also do their work. And where a Judge is not so removed, as has happened on some

occasion, their work also cannot be done. At the end of the day, what the Court of Appeal did was to write a doctrine of procedural immunity for Judges into our Constitution, that, in practice, effectually shields judicial officers from being held accountable for their actions. This decision possibly represents a judicialised rebuke of a new traction in the anti-corruption fight that was breaking the mould, breaking with tradition and upending the accustomed privileges of a few. Overall however, the decision will not serve

the judiciary’s role and needs well. It will not advance efforts to reform the judiciary and rid it of the vices that have persistently crippled its ability to offer equal and true justice to all. The premises upon which the court’s judgement was based was patchy, fragmented and clearly did not connect all the dots; the court said it was trying to preserve constitutional principles of separation of powers, but what it actually did was put the boot on the other foot. Joseph Otteh, Access to Justice

Conclusion We have shown that the right guaranteed under s. 38 is not limited to freedom of religion, it also extends to freedom of thought and conscience, which is available to any person in Nigeria – whether natural or artificial; hence the rights under that section accrue to both the Body of Benchers as an entity, and the lady denied admittance to the Nigerian Bar by the Body for her unruly conduct. We have also shown that those rights are not absolute and may be derogated from under s. 45 in the interest of public policy or for the purpose of protection of the rights of other persons. We further showed that an administrative decision subjecting a person of a particular religious inclination to disabilities which are extended to adherents of other religious beliefs, CANNOT amount to discrimination under s. 42. In the circumstance, we submit that the Body of Benchers was beyond reproach when it denied admittance to the Nigerian Bar to a lady who by her conduct, did not satisfy the body’s laid down indices for “good character” requisite for admittance to the Nigerian Bar under s. 4 LPA. And that in any case, the decision cannot amount to a breach of the lady’s constitutional rights to freedom of religion, as it is now settled law that (a) a person who willingly joins a voluntary association cannot complain of the merits of its internal rules for the regulation of its members, as voluntary associations have the right to lay down their own decisions and procedures, even if they are unreasonable; the only recourse an aggrieved member has in such circumstances, is to quit membership of the association (see MBANEFO v MOLOKWU (2014) LPELR-22257(SC)), and (b) once a person makes the choice to study and practice law and thereby place his name on the roll of honour of belonging to the profession, he/she stands bound by the internal rules and regulations of the legal profession. (See CHINWO v OWHONDA (2008) 3 NWLR (Pt. 1074) 341, 361). I rest my case, notwithstanding, I also stand with the Body of Benchers. Sheik Abdulaziz Bin Baaz, Faculty of Law, Bayero University Kano

Professor Akin Oyebode recently marked his 70th Birthday. Below are some of the photos: Kolawole Alli guests who were present at the celebration....

L-R: Former Director General, Nigerian Civil Aviation Authority (NCAA), Dr. Harold Demuren, wife of the celebrant, Dr. (Mrs.) Bose Oyebode, Celebrant, Professor Akin Oyebode and Mrs. Demuren

L-R: Osun State Governor, Ogbeni Rauf Aregbesola; celebrant, Professor Akin Oyebode and his wife, Dr. Bose Oyebode

L-R: Former Minster of Foreign Affairs, Major General Ike Nwachukwu (rtd), Professor Akin Oyebode and his wife, Dr. Bose Oyebode

Professor Akin Oyebode, former DG, NCAA, Dr. Harold Demuren and his wife, Mrs. Demuren

02.01.2018

/15

CALL TO THE BAR

L-R: Professor Epiphany Azinge, SAN, Dr. Valerie Azinge, SAN, Mr. Nnabuchi Azinge, Justice Margaret Opara, Miss Omarizichi Opara and former Deputy Speaker, House of Representatives, Rt. Hon Austin Opara

George Etomi with his daughter, Lolia Etomi. Lolia’s grandfather, Late Hon. Justice Ephraim Akpata, JSC was called to the Bar Dec.13,1959; her mother, Mrs. Efe Akpata Etomi (Partner at FRA Williams Chambers) was also called on Dec.13, 1989, while Lolia was called on Dec.13, 2017!

L-R: Mrs. Adejoke Layi – Babatunde, NBA President, Mr. A.B Mahmoud, SAN, Miss Tolani Layi- Babatunde and Chief Layi Babatunde SAN at the recent call to Bar ceremony

L-R: Director General, Nigerian Law School, Mr. Olarenwaju Onadeko, SAN, Miss Anita Alegeh, Mrs Ferishat Alegeh and former NBA President, Mr. Augustine Alegeh, SAN

L-R: Mr. Seni Adio, SAN, Miss Modupe Adio and Mrs. Solape Adio

Professor and Mrs Oyelowo Oyewo & Professor Osipitan, SAN and Mrs Osipitan with their new Wig sons, Timileyin Oyewo & Osiyemi Osipitan, at the recent Call to Bar Ceremony in Abuja

16/

Culled from the Internet

02.01.2018

28

T H I S D AY ˾ TUESDAY, JANUARY 2, 2018

PROPERTY & ENVIRONMENT GEF, UNDP, ECN Support Sustainable Fuelwood Project in Kaduna The year 2017 witnessed the launch, in Kaduna State, of a sustainable fuelwood management project, supported by the Global Environment Facility (GEF), the United Nations Development Programme (UNDP), and the Energy Commission of Nigeria (ECN) to reduce emission from deforestation and forest degradation in Kaduna state. The project, which will be implemented in three states, has also been launched in Cross River state and will soon be launched in Delta state. Bennett Oghifo reports Wood harvesters, wood sellers, timber contractors, charcoal sellers association, firewood contractors, traditional leaders and other stakeholders in communities of Kaduna state brainstormed on the need to plant woodlots for sustainable fuelwood management to address deforestation and reduce emission in the state. Thus, wood associations, government representatives, traditional institutions and the focal persons in Kaduna, Delta and Cross River states discussed the way forward during the two-day Sustainable Fuelwood Management (SFM) Project High Level Stakeholders’ Summit and formal lunching of Sustainable Fuelwood Management (SFM) Project in Kaduna recently. “UNDP is supporting the people and Government of Kaduna State in delivering a strategy to reduce emission from deforestation and forest degradation,” said Mr. Muyiwa Odele, UNDP’s Focal Person on Environment. In line with the objectives of this strategy, the SFM project was conceived with the overall objective of supporting the State in promoting sustainable fuelwood production and consumption with attendant socio-economic and environmental benefits. As the implementation of the SFM project commences in the state, the project seeks the support of high level stakeholders and to bring all stakeholders to speed with the intended operations and gains of the SFM project in the State. The specific objectives of the meeting are to: Initiate information sharing with high-level Government Officials on the progress and implications of SFM project; Promote relevant inter-sectorial synergy/collaboration critical for the successful implementation of the project in Kaduna State; Adequately interface with all stakeholders on what is required for the operationalisation of the different components on the project. A representative of GEF said there were opportunities for scale up even beyond the life of the Sustainable Fuelwood Management Project. The Kaduna state Governor Nasir el’Rufai, represented by the Commissioner for Environment and Natural Resources, Amina Dyeris Sijuwade, said the project was a welcome development and thanked GEF, UNDP, and the ECN for it. “We have shown great commitment to the environment and we are glad that this effort has been appreciated. We also appreciate the recognition of our modest efforts in supporting

R-L: Kaduna State Commissioner for Environment and Natural Resources, Amina Dyeris Sijuwade; the state’s Permanent Secretary, Ministry of Agriculture, Dr. Abdulkadir Kassim; and Okon Ekpenyong of ECN, during the opening ceremony of the stakeholders’ meeting on sustainable fuelwood management in Kaduna... recently

environmental sustainability. This programme serves as an incentive for us to do more. We declare, therefore, that this project is in tandem with our sustainability thrust in the state and we are committed to providing the necessary support to facilitate effective delivery of this project. “I assure you all an outright and whole hearted commitment to the project,” said the governor, while launching the sustainable fuelwood management project. The Focal Person of the project in Kaduna State, Dr. Suleiman Saad said the project being funded is the establishment of forestry from the nursery stage to harvesting and that it would help in sustainability of fuelwood consumption. Saad said the major environmental challenges in the country were desertification in the north and erosion in the south and that these were caused by unsustainable felling of trees and indiscriminate use of fire woods. He explained that this problem was being addressed by the UNDP, GEF with the sustainable fuelwood management project in Kaduna, Delta and Cross River states. The project, according

to him, has five components, saying the first component is the supply/growing of the woods, the next step comprises preparation of woodlots, next is to transport them to the place where they will be sold and the final is the consumption of the fuelwood. “Here (at the stakeholders’ meeting) we have the local communities, the private sector, like microfinance, the government, as well as the UNDP and others that are directly involved in the management of the wood. So everybody is a stakeholder, whoever has anything to do with firewood from the nursery stage up to the consumption level is a stakeholder in the project.” He said after the launch of the project, a management committee would be established at local level, as well as state level and that the chairman of the community, assisted by some people from the forestry directorate and other organisations like the nursery association, horticulture association, wood sellers association, charcoal marketers association, each of them, will be presented in the committee. The Kaduna state project, he said would take place in the three Senatorial Districts but that it

would be done only in particular communities where the land is highly degraded. He said a good thing about this project was that it was community-based, regardless of the forests being owned by the government. “This time, we say we want a community-based project. Communities will donate the land and after the development of the project, we will hand over the forest to them; they cut the trees, sell them and get income, and the trees will regenerate. So, it is also a means of livelihood; apart from helping the environment; we are also helping them in their means of livelihood.” Saad said they were looking for the most prolific type of tree that grew very fast and had high energy component, “which we will now plant and manage. The life span of the project is five years.” Also at the meeting was the Permanent Secretary, Kaduna State Ministry of Agriculture, Dr. Abdulkadir Kassim. Goodwill messages were delivered by media representatives, and by the Focal Persons of Cross River, and Delta states’ Projects, Dr. Edu Effiom and Chuks Nwose, respectively.

2018 Real Estate Insight,Trend Watch Anita Mba As the New Year is ushered in, there is hope for recovery and restored confidence in the Nigerian real estate sector. Though it may take some time, the market may start to experience some progression as the external environment improves. New trends for 2018 are already beginning to emerge for which investors, developers, brokers and agents will need to keep up with and adjust accordingly. A few of them are as follows. Short-Term Rentals: Increase in short -term rental market has created an opportunity for property owners to be more

flexible with leasing their properties. This trend is beneficial to both Landlords and tenants. For instance, renting a room in a shared apartment or renting an apartment for short term with the option to pay monthly in some cases is a better and more affordable option for individuals or families who may not be afford to cough up the regular yearly chunk at once or for people who prefer an apartment style accommodation as opposed to hotels and guest houses during short trips. Companies like Fibre and Airbnb are turning things around and bringing the much needed flexibility to the rental sphere to favour both Landlords and tenants

who would wish to embrace it. Rent to own: Simply put, rent to own is being able to live in the property you wish to acquire. After the agreed period of rent elapses and is fulfilled, annual rent will accrue towards ownership of the property you reside in and eventually becomes yours. At least 70% of the Nigerian population live and work in rented properties, shows that a big portion of people live below what is considered rich enough to acquire their own properties with very low prospects of wealth creation through real estate which can otherwise be achieved if you own your own property. More developers and owners

are subscribing to the rent to own scheme in Nigeria. Supply meets demand – We have witnessed decades of shortage of homes, however, with the various emerging and credible low cost housing initiatives, the supply of housing to bridge the deficit gap will slowly start to meet the demand. Development and ownership opportunities that are said to be affordable for the average Nigerian home. These optimistic constructions are set to bring new homes to the market and create opportunities for low income earners to upgrade to their own homes as opposed to remaining indefinitely in the rental bubble. Although it might take a while

longer, there is hope that 2018 will usher in the delivery of a number of low cost housing developments that have been in the pipelines. Free trade zone development – When it comes to land sales, development and growth, free trade zone, Ibeju, Lekki is receiving all the attention and is definitely one to watch in 2018. One of the biggest challenges faced in 2016 and 2017 was poor investor confidence locally and internationally. With Dangote refinery estimated delivery starting to look more like reality, Pan Atlantic University, other major developments and fully functional companies such as power oil, Jiu Hua etc.

the fear of the average buyer surrounding the future, growth and development of free trade zone seems to be disappearing. Investors, individual buyers and developers are becoming more confident and are being lured in by its potential. There is also an influx of corporate and international investors. It is gaining recognition and becoming quite competitive and as a result, real estate prices are skyrocketing by the day. There is hope for strong economic growth and an increase in property ownership. These are but a few of the emerging real estate trends. I wish you all a fantastic 2018 as we remain optimistic about the market.

29

T H I S D AY ˾ TUESDAY, JANUARY 2, 2018

PROPERTY & ENVIRONMENT

Fraser Suites Wins Double Luxury Business Hotel Awards From Olawale Ajimotokan in Abuja The newest luxury hotel in Abuja, Fraser Suites has won two prestigious awards by the internationally renowned 2017 World Luxury Hotel Awards. The award was presented in St Moritz, Switzerland on December 1. The first award, 2017 Luxury Business Hotel Award for Nigeria, was in recognition of sustained commitment to excellence in hoteling and outstanding achievement in the international luxury hospitality industry. The second award is Global Winner for Luxury Business Serviced Apartments. The Executive Director Royal Pacific Group, promoters of Fraser Suites Abuja, Mr. MG. Nasreddin and accompanied by Gilbert Ng. Technical Services, received the award plaques. Incidentally, Abuja marks the first foray of Fraser Suites into Africa, which makes Nigeria’s made to measure capital, the latest addition in the luxury hotel group’s global collection. Fraser Suites Abuja was soft-launched on June 15, 2017 and is set for grand commissioning in the first quarter of 2018. The hotel hosted some of the Ministerial Delegation for the D-8 Summit and from November 27- December 2, it successfully hosted the well-

attended International Week of Italian Cuisine organised by the Italian Embassy in Abuja. Fraser Suites is strategically located in the Central Business District, with proximity to the International Conference Centre, foreign embassies and the Three Arms Zone. Its 126 Gold Standard residences combine comfort, style and technology with outstanding facilities and exclusive in-house services with a wide apartments from studios to 4-bedroom penthouses. The rooms range in style from 28 square metres to 337 square metres and are luxuriously styled to complement the magnificent vistas. Each unit is exquisitely appointed with contemporary interiors and luxurious finishes created by skilled craftsmen, while offering spectacular views across the lush city landscape. The two, four-bedroom apartments are the largest in the city, and offer unobstructed views of the FCT. Long stay residents can take advantage of 50 one or two bedroom serviced apartments featuring fully equipped kitchenette, dining area and living room. For guests, Fraser Suites Abuja unlocks the most vibrant, undiscovered serenity in the city which guarantee unmatchable offerings of a new perspective of hospitality in Africa, delivered by attentive and caring team members.

Broll Nigeria Launches Occupier Service Snapshot Report at WAPI Summit Determined to offer unrivalled local expertise and global market knowledge with sole aim of maximizing customers’ property potential; award winning and leading commercial property services company, Broll Nigeria launched the Occupier Services Snapshot Report on Lagos and Accra Office Markets at the recently concluded West African Investment Summit (WAPI) 2017 which held at Eko Hotel and Suites in Lagos. The report revealed by Nnenna Alintah, Head, Corporate Real Estate Services and Research of the company focuses on the occupier perspective in the office markets in Lagos and Accra highlighting the major statistics that determine decisions on rent by corporates. In her presentation on the Lagos Office, Nnenna drew attention to the overall rental trend which has ‘’endured a consistent decline in the past four years due to the simultaneous increase in building stock and contraction of economic activity which has seen it drop by 56% to an average of 640/ sqm/annum in Victoria Island and 40% to 710/sqm/annum in Ikoyi.” It stated that while there have been a huge increase in development stock in Ikoyi, mostly around the Alfred Rewane axis and over a hundred thousand square meters taken in that market, the rest of the office space is on the mainland majorly in Ikeja, Surulere and

Yaba. The composition of demand has also changed significantly due to a fall in demand from the oil sector and increase in other sectors. According to Alintah, there has been more demand for prime grade office coming from the financial services and technological Sectors in the last two to three years. “Contrary to what we have had in the past, where the oil and gas sector was a strong driver of demand, demand has typically been driven in the last couple of years from the technology and financial services sector,” she said. The report also analyzed the building stratification of the office market in Lagos stating that at 67% of total stock, B Grade buildings represent a significant portion of the Lagos office market. The fall in A Grade rents has led to companies looking at relocation options from B Grade to A Grade. Commenting on the report, Broll Nigeria CEO, Bolaji Edu noted that “trends and dynamics are changing and investors need to be aware of these changes to guide their developments. This snapshot report will guide businesses in making the right decisions. This is something we intend to continue to do so that businesses can adapt to the sort of changes that influence making decisions when buying into real estate.”

Provost: Land Grabbers Disturb College Quest for Expansion James Sowole in Akure The Provost of the Federal College of Agriculture (FECA), Akure, Ondo State Dr. Samson Odedina has said that land grabbing that subsequently leads to plantation destructions was a major issue having negative effects on the institution. Odedina stated this in his address at the opening of the Diamond Jubilee of the college established in in 1957. The provost lamented that

the activities of land grabbers had been hampering the determination of the college to mount more programmes and expand the scope of the college activities in the nearest future. He said the size of the college land was less than 10 per cent of the total land area of similar institutions in Ondo State. According to him, 60 per cent of the college’s original land is gone, while the remaining 40 per cent, which is

occupied by rocks and motor parks around, was under threat of sponsored litigations. He lamented that the institution’s land had degenerated from 1000 hectares in 1957 to 375 hectares and that half of the 375 hectares was under litigation. The provost said the issue started when, before his assumption of office in 2015, a judge in the state gave a judgment that half of the remaining Federal Government land that was legally acquired

in 1949 belonged to certain individual. However, he said the college has scaled all legal hurdles and has successfully moved the case to Court of Appeal on behalf of the Federal Government. He therefore appealed to well-meaning leaders in the state and Nigeria at large to come to the aid of the institution in preserving the school’s land resources for the sake of the youths, saying the land was being held in trust for future generations.

L-R: Permanent Secretary, Ministry of the Environment, Mr. Abiodun Bamgboye; Managing Director, Reckitt Benckiser, West Africa, Dr. Rahul Murgai; Lagos Commissioner for the Environment, Dr. Babatunde Adejare; Special Adviser on the Environment, Mr. Babatunde Hunpe; and Marketing Director, Reckit Benckiser, West Africa, Aliza Leferink, at the 2017 World Toilet Day celebration in Lagos…recently

Renting a Home? Here Are Some Useful Tips to Guide You Anita Mba Where we live is such a huge part of our lives so getting it right is important. Finding a new place to call home in a city like Lagos and other big cities can be both daunting and exciting. It could take days, weeks or even months. If you are not familiar with the complexities and neither have the time nor the energy, enlisting the services of a real estate agent or firm the way to go. House-hunting can be quite stressful. There is a lack of reliable market data in Nigeria and poor quality of professionals available for the most part. In your search, you may have to weigh up important factors such as your ideal property type, size, and location. You will also be inevitably constrained by your budget. Fortunately, the tips I’m about to share with you will ease the process of finding your ideal home. Your Agent There are no licensing requirements for real estate agents in Nigeria. As a result, there are very few credible agents. Thus, you must undertake sufficient background checks before choosing an agent to reduce the risk of fraud. Also, it is advisable to engage the services of a lawyer to carry out due diligence and verification on the property title documents, and more importantly, before signing any agreements. Engaging the

services of professionals saves you time, potential financial losses, and unnecessary stress. 2. Budget In Nigeria, majority of landlords demand either upfront payments or significant deposits. A security deposit (‘caution fee’) is also required. The generally accepted minimum lease term is either a year or two years. If you plan to take a long-term lease, discounts can usually be negotiated. Also, if your ideal choice is a serviced property, it is important to evaluate your total rental cost. In most cases, there is no fully fixed service charge due to unreliable power supply in Nigeria. We recommend that you allow room for potentially arising miscellaneous costs such as extra diesel payments. Security Security is non-negotiable and should not be compromised in your decision making. If your ideal property is not in an estate or gated community, you must ensure your locality has a residents’ association and there are adequate security measures in place. Neighborhood Would you live in an estate, a quiet street or a busy city block? Would you mind neighbors who host late-night parties? What about parking? If you use public transportation, how accessible is it? Etc. It would be sensible to visit at different times - rush hour, mornings,

and the weekends. You can also randomly ask about the neighborhood from the locals. You need to know what the flooding situation is, especially if you don’t drive, during the rainy season. Finally, there is the electricity conundrum; not too much we can do about electricity but it’s worth knowing to effectively plan your total budget. Meet the owner/care taker This is where having a lawyer is essential. It is important to ascertain the individual(s) you are dealing with possess legal ownership or rights over the property. Unfortunately, there are several cases of fraud and you must take every step necessary to avoid being a victim. Inspection/Viewing Nigeria is the most populous black nation on earth. The sheer volume and daily movement of people especially in big cities like Lagos can only mean one thing – the physically and mentally draining traffic. We recommend you schedule multiple viewings and take a day off to inspect all the properties. Take Inventory You must insist that an inventory list is inserted in the rental agreement. You should also take photos of your property prior to moving in. This is important especially so that when you are leaving the house in the future, if there are any

security deposits or caution fee paid, it can be refunded. Tenancy Agreement So, you’ve found the perfect neighborhood and your home, don’t sign anything yet. Take the time to thoroughly inspect before paying the deposit, rent or fees. If you notice any damages: holes in the wall, scratches on the floors, etc. be sure these are all noted on your lease prior to signing. If possible, ask the landlord to give you a written document stating that that repairs will be made within a certain timeframe and paid for by the owner. If you decide to pay for repairs, then try to get a bargain on rental price. For the umpteenth time, I recommend you have a lawyer reviewing legal documentation on your behalf. Moving In Finally!!! Moving in, the fun part. It could be stressful lifting boxes, furniture, moving things around etc., but if you have a knack for arranging, organizing and putting stuff together you’ll definitely love this part. Ensure that the property is thoroughly cleaned and fumigated if necessary before you move in. You might want to get acquainted with the neighbors and security guards, they can assist with finding local artisans because you will most likely need them. Generally help you settle into your new home and neighborhood.

30

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY JANUARY 2, 2018

31

32

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

33

TUESDAY JANUARY 2, 2018 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Kim Says US Should Know North Korean Nuclear Force a Reality North Korean leader Kim Jong Un said Monday that the United States should be aware that his country’s nuclear forces are now a reality, not a threat, according to The Associated Press But he also struck a conciliatory tone in his New Year’s address, wishing success for the Winter Olympics set to begin in South Korea in February and suggesting the North may send a delegation to participate. Kim, wearing a Western-style gray suit and tie, said in his customary annual address that his country had achieved the historic

feat of “completing” its nuclear forces and added that he has a nuclear button on his desk. “The U.S. should know that the button for nuclear weapons is on my table,” he said during the speech, as translated by The Associated Press. “The entire area of the U.S. mainland is within our nuclear strike range. ... The United States can never start a war against me and our country,” Kim said. He also called for improved relations with the South, an idea mentioned in speeches more

UN Urges DR Congo Leader to Keep Promise to Step Down UN chief Antonio Guterres has urged Democratic Republic of Congo President Joseph Kabila to abide by an agreement to leave power, after at least eight people died in protests against his rule, according to AFP. Kabila, in power since 2001, signed a deal with opposition groups a year ago agreeing to step down once his current term ends and new elections are held. But violence has swelled in the giant, troubled African nation after the date of the new vote was pushed back to December 2018, prompting fears that Kabila may seek to extend his rule. “The secretary-general urges all Congolese political actors to

remain fully committed to the 31 December 2016 political agreement, which remains the only viable path to the holding of elections, the peaceful transfer of power and the consolidation of stability in the DRC,” Guterres’ office said in a statement late Sunday. Eight people were killed on Sunday and dozens arrested as Congolese security forces cracked down on protesters who defied a government ban to demonstrate in Kinshasa and other cities. Troops fired tear gasintochurches and bullets in the air to break up gatherings at Catholic masses, in one case arresting 12 altar boys at a protest in the capital.

often than it is met. He said the Pyeongchang Winter Olympics would be a good opportunity to showcase the status of the Korean nation. He also said the two Koreas could meet urgently to discuss the North sending a delegation. “The Winter Olympic games that will be held soon in the South will be a good opportunity to display the status of the Korean nation and

we sincerely wish that the event will be held with good results,” he said. South Korea’s presidential office said it welcomed the proposal to hold talks between government officials over the issue of North Korea sending a delegation to the Olympics. The office of President Moon Jae-in said the successful hosting of the Pyeongchang Olympics would contribute to

peace and harmony not only on the Korean Peninsula and in Northeast Asia, but in the entire world. The New Year’s address is an annual event in North Korea and is watched closely for indications of the direction and priorities Kim may adopt in the year ahead. This year’s speech was seen as particularly important because of the high tensions

over Pyongyang’s frequent missile launches and its nuclear test in 2017. The tests were the focus of fiery verbal exchanges between North Korea and President Donald Trump, who has derisively called Kim “little rocket man.” Kim also stressed North Korea’s economic achievements during the speech, and noted the importance of improving the nation’s standard of living.

Ten Dead in Latest Iran Unrest as Rouhani Defiant Ten people were killed overnight in the worst violence yet seen in Iran’s protests, AFP cited local media as reporting on Monday, as President Hassan Rouhani played down the unrest and vowed those breaking the law would be dealt with. US President Donald Trump, who has repeatedly criticised Tehran over four days of demonstrations, said it was “time for a change” and that the Iranian people were “hungry” for freedom.

Sunday night was the deadliest since the angry demonstrations broke out on Thursday and spread across the country in the biggest test for the regime since mass protests in 2009. Six people were killed in the western town of Tuyserkan after shots were fired, state television reported, while a local lawmaker said two people had been shot dead in the southwestern town of Izeh. Two others, included a teenage

boy, were run down and killed by a fire engine stolen by protesters in the western town of Dorud, the state broadcaster said, bringing the total death toll in the protests to 12. Rouhani tried to play down the unrest, saying: “This is nothing.” “Criticism and protest are an opportunity not a threat,” he said in a statement on the presidency website, adding that the Iranian people would “respond to the rioters and lawbreakers”.

“Our nation will deal with this minority who chant slogans against the law and people’s wishes, and insult the sanctities and values of the revolution.” Pro-regime rallies were held across several towns and cities, but videos on social media showed seemingly widespread anti-government protests in cities including Kermanshah, Khorramabad and Shahinshahr.

Don’t Extinguish Migrants’ Hopes, Pope Says on World Day of Peace Pope Francis described migrants and refugees as the world’s “weakest and most needy” on Monday, using his traditional New Year’s address to “give voice” to people he has urged leaders to do more to help,

according to a Reuters report. Francis reminded some 40,000 people who gathered in St. Peter’s Square at the Vatican that he had chosen the plight of migrants and refugees as the theme for the Roman Catholic

Church’s World Day of Peace, which is celebrated every January 1. For this peace, to which everyone has a right, many of them are willing to risk their

l ives in a journey which is often long and dangerous, they are willing to face strain and suffering.” Please, let us not extinguish the hope in their hearts, let us not suffocate their hopes for peace!”

34

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

TUESDAY JANUARY 2, 2018 ˾ T H I S D AY

35

NEWS

PDP Dismisses Buhari’s New Year Speech, Says It’s Depressing Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) has described President Muhammadu Buhari’s New Year address as depressing, saying it completely failed to address serious economic and security issues confronting the nation and for which Nigerians earnestly expected

answers from government. Its National Publicity Secretary, Kola Ologbondiyan, in a statement yesterday, said instead of inspiring the people, the address ended up depressing and annoying them the more as it held no message and did not proffer any solution to the problems inflicted on the country by the All Progressives Congress

More Libyan Returnees to Be Trained, Reintegrated, Says Obaseki’s Aide Adibe Emenyonu in Benin City Edo State Government has assured its willingness to continue with the training of more Libyan returnees beginning from January this year. The state government had in November, 2017 trained 150 Libyan returnees in various agricultural vocation in addition to the approval of N100m take-off seed grants for the trainees. The Senior Special Adviser to Governor Godwin Obaseki on Anti-Human Trafficking, Solomon Okoduwa, who stated this yesterday, in a message to thousands of returnees who are indigenes of the state, also commiserated with families of those who lost their love ones through the Sahara desert to Libya/Mediterranean sea to Europe in search of greener pasture. “We want to thank God for seeing you all through those hazardous journey and for bringing you safely to another glorious year 2018 in your fatherland. It is a new year, a period of time to celebrate and time to go back to the drawing board and strategise for the success of the year. “Edo state government led by

Mr Godwin Obaseki knows your plight and has plans for majority of you who are willing to key into rehabilitation and empowerment programme on ground. “For those of you who we have trained in agricultural sector, you will all start your skills in agro business before January ending or first week of February at most as government has already done what is needed to be done. “And for many others who are on our waiting list, there is going to be massive training in various skills and empowerment programme this year. Starting from this January till march, there is going to be human capacity building for our youths especially returnees as a mean of reintegrating them and for those who may not have embarked on any journey and needed support I assure you the Edo job programme of the state government, all of you will be contacted according to your area of specialisation. “There is going to be massive awareness programme across the 192 wards in Edo State to raise awareness on the dangers of illegal migration and the benefits of getting engaged back at home”. He noted.

JAMB Targets Two Million Applicants for 2018 UTME

Returns N7.8bn to FG coffers Hammed Shittu in Ilorin The Registrar and Chief Executive Officer of Joint Admissions Matriculation Board (JAMB), Professor Is’haq Olanrewaju Oloyede, has hinted that, a total of two million applicants are expected to register for 2018 Unified Tertiary Matriculation Examination (UTME). Oloyede also disclosed that the examination body returned N7.8billion to the federal government coffers from the proceeds of examination forms sold in 2017. He said the fund was sourced from the N12billion income made during the year. Speaking with journalists in Ilorin, Kwara State capital yesterday, Oloyede also said the board had effected changes in the process and procedure for registration and conduct of the examination for candidates to curb hitherto malpractices in the processes. He added that the agency had made some reductions in the fee payable for the examination by the candidates contrary to the insinuations that the body has increased its examination fee. He said the examination board

also significantly reduced the amount paid for exam by foreign applicants, maintaining that it was aimed at encouraging huge number of them. Oloyede informed that the agency introduced Central Admission Processing System (CAPS) aimed at addressing the imbalance observed in the admission process for the applicants. He noted that with the introduction of the system, the process of admission into higher institutions of learning in the country has become more transparent, saying there was no need for any institution to come to the headquarters of the board for certain rectitude. Oloyede, a former ViceChancellor of the University of Ilorin, said the system involved by the agency is making 90 per cent of admission to be based on merit. He also stated that the board had expanded its facilities by spending N1billion last year, adding that 15,000 centres would be created for prospective UTME candidates this year.

(APC)-led federal government. The opposition party said President Buhari only treated Nigerians to another round of false claims and empty promises, which has become a routine in close to three years of APC-controlled Presidency, adding, that was why the PDP earlier advised the federal government not to bother about any new year message to Nigerians. “We already knew the pattern and we advised against it this year. We knew their New Year message would heighten Nigerians’ despondency rather than providing us hope,” the statement said. The party also expressed disappointment that instead of accepting that it has failed, the presidency attempted to appropriate and claim credit for the achievements of the PDP. “Instead of offering solutions or providing the indices for development, the presidency

deployed over 2000 words passing the buck, begging the question, making empty claims and attempting to appropriate achievements of the PDP administration. “What could be more depressing than the fact that the president, who is also the Minister of Petroleum Resources, did not give a clear-cut solution to the acute fuel crisis bedeviling his nation today? “The president’s speech neither addressed how to raise the fallen value of the naira nor how to rescue the labour market from the 8 million job losses and acute unemployment being suffered by Nigerians under the APC. “The address completely failed to respond to issues of corruption under the APC regime, including allegations of budget padding, secret oil subsidy deals, illegal lifting of crude worth trillions of naira, pillaging of Nigeria’s foreign

reserve, diversion of billions of naira for insurgency related matters, all by APC interests. “Furthermore, the speech had no assurances on the worsening economic recession ravaging families under this regime; it had nothing on the dilapidated infrastructure and attendant stress on the economy, which the APC government has caused Nigerians. “Rather, what we heard was a boring litany of buck passing, lame declarations and barefaced attempt to appropriate and claim credit for achievements and landmark projects initiated, articulated and implemented by the PDP administration, including, the railway, electricity and agricultural projects “We challenge the APC presidency to tell Nigerians which landmark project it has initiated, articulated and executed in its close to three years of governance.

“Also the citizens are eager to know what work percentage that have been added to projects that were being executed by the PDP before the APC took power by propaganda and lies in 2015. “Nigerians have now seen that the APC has nothing to offer but has only succeeded in wrecking the nation and inflicting hardship on the people. “The option before Nigerians is to kick out the APC come 2019 and return the PDP, which is now repositioned to bring the nation back to the path of national unity and prosperity we all once enjoyed. “On this note, the PDP stands with the people to once again present a government that is serious, truthful and transparent, with an array of best hands harnessing and channeling our national resources for the good of all, as was the order before the unfortunate incursion of the APC.”

NEW YEAR TWINS

R-L: Wife of the Governor of Lagos State, Mrs. Bolanle Ambode; Medical Director, Ikorodu General Hospital, Dr. Olufunmi Bankole; Federal Commissioner, National Population Commission, Bimbola Saliu-Hundeyin; and Commissioner for Health, Dr. Jide Idris, during the presentation of gifts to the first babies (twins) of the year at the Ikorodu General Hospital....yesterday

Don’t Blackmail Me over Non-payment of Salaries, Bello Warns Kogi Workers Yekini Jimoh in Lokoja The Kogi State Governor, Alhaji Yahaya Bello, has warned workers in the state not to blackmail him over non -payment of salaries. Bello, who gave the warning yesterday during his New Year broadcast, warned that civil servants should not allow themselves to be used by political detractors to blackmail him over non-payment of salaries. He added that welfare of workers was one of his top priority, stressing that his administration last December, succeeded in paying almost all the salaries arrears owed all categories of workers in the state and that the few ones that are yet to be paid were those having issues with the concluded staff screening exercise. He expressed surprise that in spite of all his administration is doing to ameliorate the sufferings of workers, some “discredited politicians ” are

still using some unscrupulous workers to blackmail his administration that he was owing backlog of salaries. He warned that any worker caught conniving with detractors to blackmail his administration would be dealth with. “This information on payment of salaries in relation to the screening exercise is important to dispel the persistent use of alleged non-payment by dishonest and discredited politicians to gain political capital under the guise of fighting for Kogi State civil servants. “It is also important to sound a warning to those civil servants who defame government with claims of long months of unpaid salaries in order to solicit money from gullible people, or evade their own contractual or domestic obligations. “As the governor of Kogi State, I do not know of any circumstance under which any civil servant, whether at state

or local government level, can be owed even three months salaries after several months of being cleared, let alone six, 10 or more months as some continue to claim. “Our investigations show that those making these claims were caught in one offence or the other by the screening exercise and were dismissed or suspended from service without pay. In other cases, they were sanctioned for offences, granted pardon subject to regularisation. “In all of these cases, due process is applicable. While we are making efforts to avoid collecting our full pound of flesh from those who robbed our state in the past through the civil service, we will no longer hesitate to make an example of those we catch compounding their criminal conduct with duplicity in this manner. Government will do its best to pay salaries as and at when due in 2018,” he stated. The governor said from this month, workers’ attendance to work would be strictly

monitored through the use of electronic device otherwise known as ‘clock-in, clock-out’ which he said would finally determine the take-home pay of each worker with a view to fishing out indolent ones. While mentioning some of his achievements in the last two years, he said his administration embarked on many projects which direct bearing on the common man on the street. He said his agriculture policy has brought succour to indigenes n the state as the mass production of rice through the omi dam has forced prices of food items to be reduced as government now sells rice at subsidised rate to indigenes. Bello also expressed hope that this year would be far better than that of last year as his administration has mapped out areas to transform the state and create employment opportunities for the teeming youths and urged the indigenes to remain law-abiding.

36

TUESDAY JANUARY 2, 2018 ˾ T H I S D AY

NEWSEXTRA

Anambra Central: Conduct Rerun Poll on January 13, APGA Group Tells INEC Davidson Iriekpen The All Progressives Grand Alliance (APGA) Integrity Group has urged the Independent National Electoral Commission (INEC) to conduct the long awaited Anambra Central senatorial rerun election on January 13, 2018 as scheduled. A statement by the Publicity Secretary of the group, Great

Martin Kalu, said it would be inappropriate, unfair, unjust and justice juxtaposed to further delay the rerun poll and deny the people of Anambra Central senatorial district effective representation in the Senate. The group added that the specific order of the Court of Appeal Abuja Division on November 20, 2017, that INEC should conduct the

ICPC Appeals Acquittal of Former Zamfara Governor Bennett Oghifo The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has appealed against the judgment of Justice Bello Mohammed Tukur of Zamfara State High Court sitting in Gusau, based on the no-case submission entered by the former Governor of Zamfara State, Ahmed Rufai Sani, in an ongoing case of alleged diversion of public funds. A statement yesterday by the spokesperson for the commission, Mrs. Rasheedat A. Okoduwa, said: “The judge had ruled against ICPC in a no case submission entered by the former governor of Zamfara State, Sani, in an ongoing case of alleged diversion of public funds, on the major plank that the ex-governor was not a ‘public officer’ while in office.” The statement said former governor had been charged alongside Hashim A. Dikko, Development Management Limited and Had Nigeria Limited. In his ruling, Justice Tukur who discharged all the defendants stated that, “it is a natural consequence of the finding that the 1st defendant (Ahmed Rufai Sani) is not a public officer. Not being a public officer, the 1st defendant could not be said or found to have used the public office status that is not available to him to confer any advantage upon another.” ICPC also appealed against the ruling on the ground that the trial judge did not limit himself to the

evidence laid before him by the prosecution. The judge said, “…considering the position of the 1st defendant as the Governor of Zamfara State at the material time in a civilian government that of necessity must operate an open door policy, it is not out of place for a governor to meet with people intending to do genuine business and to hold tentative or exploratory discussions. To dismiss or condemn such meetings or discussions as illegal or unlawful would in the view of this court unduly hinder the ability of a governor of state to effectively administer a government…” The commission had earlier charged Sani and the three other defendants on a 19-count charge of alleged diversion of N464,820,189.24 out of N1billion loan allocated for the repair of the collapsed Gusau dam to other services contrary to S 22 (5) of the ICPC Act 2000. The section states: “Any public officer who transfers or spends any sum allocated for a particular project, or service, on any other project, or service, shall be guilty of an offence under this Act”. According to the statement, “They were discharged on all the charges on a no-case submission made by their defence counsel. ICPC is therefore asking the Court of Appeal sitting in Sokoto to set aside the ruling and order the defendants to start their defence of the case before another judge of the High Court of Zamfara State.”

Senate Blames NNPC, Marketers over Fuel Scarcity The Senate Committee on Petroleum Downstream has blamed the Nigeria National Petroleum Corporation (NNPC) and marketers over short supply of the petroleum products in the country. The Committee Chairman, Senator Kabiru Marafa, stated this yesterday in Gusau during an oversight assignment in the state on fuel situation in the country. Marafa, who was accompanied by a member of the committee, Senator Abdullahi Danbaba, said the inspection was part of the assignment given to the committee by Senate President, Bukola Saraki. “I have directed all members of this committee to go back to their constituencies to investigate the problem at the grassroots so that we take approximate measures to address the scarcity. “We visited NNPC zonal depot in Gusau to find out the quantity of fuel supply to the depot and we noticed short supply of the commodity. “We are going to present our findings to the senate. It is very

disturbing to see the suffering faced by people due to fuel scarcity in the country. “We question the NNPC over this issue because the Group Managing Director of the NNPC, Maikanti Baru, said they had doubled the quantity of daily supply of the product, but it is not available to the public. “Another unfortunate thing is the attitude of our filling stations owners who sell this commodity to the public; they are involved in one or two malpractices. ”In fact, out of the filling stations we visited only two have complied with the government directives in this regard,” he said. Marafa, according to the News Agency of Nigeria (NAN), commended the state Department of Petroleum Resources (DPR) field office in ensuring compliance at the filling stations. The senator urged the DPR to sanction filling stations involved in hoarding and selling above approved government price of N145 per litre.

Anambra Central senatorial fresh election within 90 days excluding the Peoples Democratic Party (PDP) and its candidate, still subsists. So far, 13 political parties have indicated interest to participate in the rerun poll on January 13 in compliance with the appellate court judgment which is in tandem with the ruling of the Court of Appeal, Enugu that is the final court for National Assembly disputes since December 7, 2015, which nullified the Anambra Central senatorial election, and ordered a rerun within 90 days. The group said: “In desperate attempt to win elections at all cost, PDP is notorious in fielding multiple candidates for various positions and ambush the courts for favourable

judgments as obtainable in the Anambra Central senatorial seat where the party fielded Mrs. Uche Ekwunife, Chief Annie Okonkwo, Dr. Obiora Okonkwo and Mr. Peter Obi in flagrant violation of the Electoral Act 2010 as amended. “The ploy or intrigue is to keep the matter live in court with the fallacious assumption that the rerun poll will not be conducted till 2019 if they fail in their desperation to grab power. “The recent belated high court ruling in favour of Obiora Okonkwo is one of them while awaiting that of Annie Okonkwo on the same PDP Anambra Central senatorial candidacy. “This unprovoked assault

on the nation’s jurisprudence and frail democracy must stop forthwith. “INEC must be fair, firm and decisive in discharging its constitutional responsibilities and sanction political parties that violate the Electoral Acts with impunity. That way there will be sanity in the political process. “Obiora Okonkwo is on a wild goose chase with his senatorial ambition, a mission impossible with the National Assembly Election Appeal Tribunal’s nullification of the Anambra Central senatorial poll and barred PDP and its candidate from participating in the rerun election. A position the Supreme Court upheld on February 10, 2017 when Ekwunife approached

the apex court to seek redress on the matter. “January 13 Anambra Central senatorial rerun poll is sacrosanct. APGA Integrity Group urges INEC to ensure the fresh election is free, fair, credible, transparent and acceptable. It is the panacea to the senatorial quagmire. “Enough of this legal gymnastics and summersault intended by political hawks to deprive the good people of Anambra Central senatorial district effective and quality representation by APGA’s candidate, Chief Victor Umeh. “Election is the beauty of democracy as power resides in the people. 2019 general election is yet another opportunity for a fresh start.”

WATCHNIGHT GROOVE

L-R: Speaker, Ogun State House of Assembly, Rt. Hon. Suraju Adekunbi; Governor Ibikunle Amosun; his wife, Olufunso; and popular fuji musician, Alhaji Saheed Osupa, at a special musical concert and fireworks, organised by the state government, to usher in 2018 in Abeokuta....yesterday

Group Appeals to Buhari to Approve $13.5bn Zabazaba Deepwater Project Vincent Obia An Ijaw socio-political group, Patriots of Ijaw Nation (PIN), has called on President Muhammadu Buhari to approve the Zabazaba Deepwater Project in order for the country to reap its huge economic benefits and boost local content in the oil and gas industry. PIN made the call yesterday in Yenagoa in a statement signed by its Publicity Secretary, Mr. Kesiye Newman. PIN stated: “We most sincerely and respectfully request our president to approve the Zabazaba Deepwater Project because of its enormous economic benefits to the country. The $13.5 billion Zabazaba Deepwater Project will be

executed by Nigerian Agip Exploration Limited (NAE) in partnership with Shell Nigeria Exploration and Production Company (SNEPCO). It involves the development of the Zabazaba deepwater field, a greenfield offshore licence in the eastern portion of the Niger Delta with proven reserves of 560 million barrels of oil, which will increase the country’s daily crude oil production. “Most importantly, the Zabazaba Deepwater Project will be a significant boost to the country’s economy and the local content initiative being promoted and prioritised by the present government. Information from the Nigerian Content Development and Monitoring

Board revealed that the technical and commercial bids for the project had comfortably met the government’s aspiration of growing and maximising local content at the most competitive cost.” Highlighting the local content potentials of the project, the group said NAE and SNEPCO, which are the major contractors, had “concluded plans for in-country fabrication and integration of the topsides of their projects’ Floating, Production, Storage, and Offloading (FPSO) vessels. “The local content component of the Zabazaba Deepwater Project is unequalled, and its impact on the Nigerian economy, when fully executed, would be unprecedented. When

it becomes operational, the project is expected to generate at least $8 billion for Nigeria. “Besides, the multiplier effect of the project on the local economies of the catchment areas in the Niger Delta will be huge. And it will be a major boost to the Buhari administration’s commitment to ensure peace in the region through the profitable engagement of idle hands.” PIN said approval of the Zabazaba Deepwater Project would underscore the Buhari government’s commitment to indigenous development of the oil and gas industry and demonstrate its belief in implementing core projects that would drive development in different parts of the country.

MBAKA ASKS BUHARI TO SIT UP OR LOSE IN 2019 “So, Mr. President, as I was waiting on the Lord, I’m asked to advise you don’t come out for second tenure, after this; retire peacefully. Mr. President you are the cause of your own problem. God gave you an adviser, a wonderful mentor, a visionist, a matriarch, in the person of your wife, Aisha, but you don’t want to listen to her. That woman is heartbroken because

she understood that you are not yourself. Come back to yourself or you will cry by the time you will be sent out of office. So, those who are encouraging you to come out and run again, they want to disgrace you publicly. “We keep on praying for your quick recovery but you know when the president is sick and age is not on his side, the message came, that

is why the government schools are sick, the government hospitals are sick, the government roads are sick; power, electricity sick, the economy is sick; unemployment becomes the order of the day, our graduates, our youths are living in abject poverty and hopelessness, the countrymen are sick, hunger is ravaging the people of God; investors have no more confidence in Nigeria.

“The agro-vision has become a mere illusion; even to take loan for farm has become the favour of the rich. So that as you keep on fighting corruption, many who are around you are incubating and nurturing corruption. Business men are confused because they don’t know what to do as a result of the unstable economy,” he stated.

TUESDAY JANUARY 2, 2018 ˾ T H I S D AY

37

NEWSEXTRA

Shun Hate, Inciting Speeches, CAN Tells Politicians Obinna Chima The President, Christian Association of Nigeria (CAN), Rev. Samson Ayokunle, has called on all politicians in the country to avoid hate and inciting speeches in the new year.

Ayokunle made this appeal in his New Year message titled: ‘2018: Let us Return to God and He will Restore our Losses,’ made available to THISDAY yesterday. He congratulated Nigerians for seeing 2018. He expressed optimism that 2018 would be

Saraki Calls On Nigerians to Join the Fight Against Drug Abuse President of the Senate, Dr. Abubakar Bukola Saraki, yesterday called on Nigerians across the nation to join the fight against drug abuse. Reacting to reports that the Pharmacists Council of Nigeria (PCN), is set to inaugurate a ‘Codeine Control and Other Related Matters Working Group (CCRWG)’, Saraki stated on his personal facebook and twitter pages that it was encouraging to see the PCN taking an active stance against the use and distribution of illegal substances. He said: “It’s great to see PCN taking an active stance against the abuse of codeine and other drugs after the #SenateTacklesDrugAbuse Roundtable. This is a welcome development. “As the PCN constitutes this group to control the distribution

of codeine and other drugs in Nigeria, my colleagues and I in the eighth Senate will continue working to provide the necessary legislative interventions to fight #DrugAbuse across the nation. “As we begin a new year, I call on other groups to join this fight to curb the widespread abuse of drugs in communities across the country. The more people that we have saying no to drugs — the more multifaceted Nigeria’s approach to fighting #DrugAbuse will be.” Recall that on December 18 and 19, 2017, the Senate convened a Roundtable to discuss the Rising Drug Menace in Nigeria. The Roundtable, which was convened in Kano State, was aimed at finding solutions to the widespread use, abuse and distribution of drugs across the country.

better than last year. “I do urge all and sundry to return to God in repentance with a view to healing our land and restoring all our losses in the past years. “As we enter into this New Year, it’s natural to reflect over the previous year and consider gains and losses. Despite that the economic recession was severe, our God did not allow depression to consume us all. “We feel with those innocents who met their untimely death within the year

as a result of communities, farms and Churches’ attack by herdsmen,” he added. Ayokunle, who quoted some bible passages, stressed that it would only be in repentance that God would look down from eternity to heal the country “and send to us grain, new wine and olive oil in abundance to satisfy our needs.” “I urge the politicians to avoid hate and inciting speeches, every eligible voter should go and register. Voter’s card is the power of

the electorate to elect whoever you want. “If you are involved, you get the leader you demand and if you failed to be involved, you get the leader you deserved. Furthermore, my appeal to the security agencies is to be dedicated and loyal to the nation in their duties. “They have what it takes to stop the needless bloodletting in the country. Let there be peace and unity,” he advised. Continuing, he said: “The three tiers of government should strive hard to make

the much-awaited dividends of democracy available to the people. Let there be rooms for gainful employment for our youths roaming the streets. Nigeria will be a better country if justice and the fear of God is upheld by both the government and the governed. “My prayer for Nigeria is - You will no longer be an object of mockery among the surrounding nations. He will direct our leaders to get it right in every facet. He will give us peace and instil His fear in the hearts of our leaders.”

Pen Cinema Bridge: Lagos to Enforce Partial Restriction of Movement Jan 4

Announces traffic diversion routes The Lagos State Government yesterday announced plans to enforce partial restriction of movement for motorists in the Agege axis to accelerate the ongoing construction of Pen Cinema Flyover starting from January 4, 2018. In a statement by the Permanent Secretary, Ministry of Works and Infrastructure, Mr. Olujimi Hotonu, the state government said there would be a complete closure of the roads in the axis at some point during the construction but that it would start with partial restriction of movement. While promising that adequate arrangements have been firmed up to mitigate the impact of the closure of the roads on motorists and residents, Hotonu said traffic diversion routes have been created to ensure ease of movement along the corridor. He said the construction of the flyover across the Pen Cinema intersection at Agege embarked upon by the administration of Governor Akinwunmi Ambode was part of the continuous drive to ease traffic within the metropolis and improve on the state. According to him, “To ease the construction of the Pen Cinema flyover, the state government will be diverting traffic at the Pen Cinema intersection starting from Thursday, January 4, 2018. Hotonu further said that the restriction of movement is expected to last for an estimated period of three and six months to enable the contractor take full advantage of the weather and space to deliver seamlessly the critical aspect of the flyover construction that falls within the Pen Cinema roundabout and railway crossing at Old Abeokuta Road junction.

“The routes for the diversion for the flyover are as follow; vehicles coming from Ogba/Oba Ogunji except articulated vehicles are expected to come in through Ijaiye Low Cost Housing Estate to link Iju Road, while articulated vehicles and other vehicles plying this axis have the option of either turning right towards Iju Road at the Pen Cinema intersection or left towards Moshalashi Alhaja. “Similarly, vehicles coming from Iju Road should go towards Moshalashi Alhaja or turn towards Oba Ogunji/ Ogba as the turning towards the right to the Railway crossing will remain closed. Continuing, Hotonu said there would be a complete closure of the road for vehicles coming from Moshalashi Alhaja towards the railway crossing, while vehicles coming from Moshalashi Alhaja axis would be expected to either move towards Iju Road or turn right towards Oba Ogunji/Ogba Road. “All vehicles coming from Old Abeokuta Motor Road are enjoined to go straight towards Agege Motor Road or turn right towards Afa Nla/ Oke Koto roads, while vehicles coming from Agege Motor Road are enjoined to go straight towards Old Abeokuta Motor Road or turn into Afa Nla/Oke Koto roads. No vehicle from these axes will be allowed to pass through the Pen Cinema intersection,” Hotonu said. While regretting the inconveniences the partial restriction would cause motorists and residents, the state government appealed for caution and cooperation with traffic and security personnel deployed to ease their movement, noting that the ultimate goal of the plan is to make life easy and improve traffic along the corridor.

COMFORTER

Wife of the Rivers State Governor, Justice Eberechi Suzzette Nyesom-Wike, holding the New Year baby, Oluwatosin, at the Police Medical Clinic in Port Harcourt.....yesterday. With them is the baby’s mother Mrs. Oluwatosin Ajisogbon.

Peter Obi: Leaders Must Make Sacrifices to Move Nigeria Forward Receives highest award from his community David-Chyddy Eleke in Awka Former Governor of Anambra State, Mr. Peter Obi, has said Nigerian leaders must be ready to make sacrifices to move the country forward. Obi who spoke through his media aide, Mr. Val Obienyem, in a statement circulated to journalists in Awka yesterday, prayed God to grant Nigerian leaders at all levels the wisdom to take right decisions and make sacrifices that would let the country remain focused even when facing the vicissitudes of the time. He appealed to those in authority to see the challenges nations were facing as an opportunity to approach governance from entirely different perspectives. He suggested drastic cut in the cost of governance and prudent management of resources for public good as well as savings for the future. The former governor also called on President Muhammadu Buhari to declare a state of emergency on the economy, saying this had become necessary because of the

dwindling indices of growth and development in recent times. While decrying the rate of loss of jobs in 2017, Obi urged Nigerians and her leaders to focus on improving the economy. He said: “Over four million Nigerians lost their jobs in 2017 and the unemployment rate increased from 14 per cent to 19 per cent. We also witnessed nonpayment of salaries, contractors and suppliers all over the country all of which should be worrisome to us. “The situation called for a declaration of a state of emergency on the economy.” He called on Nigerians to show more patriotism by resolving to be part of the project of building a better country for the children. In a related development, Obi has received the highest award by his Agulu community during the celebration of the 80th year anniversary of the foundation of the Agulu People’s Union at the St. Peter’s field, Agulu on Sunday. The event, which was the first in the history of Agulu, also saw the former governor

being the first to be enrolled in the town’s Hall of Fame. Agulu people said that politics apart, that Obi remained the person that has had the greatest positive influence on the town. The President General of the town, Chief Andy Orakwelu, said the recognition was because of his internationallyrecognised stature as an astute democrat, a human capital developer and an outstanding administrator. Receiving the award on behalf of the former governor who was outside the country, his former Commissioner for Housing, Dr. Patrick Obi, said the award was a testimony that despite those opposing Obi coming largely from his town and local government, that the people of Agulu are pleased with him and his accomplishments, which he described as equal to none in the state. Dr. Obi encouraged the people of Agulu to see Obi for what he is and not from prisms coloured by jealousy and hate. Narrating what the former governor should be to the people

of the state, he used himself as an example. In his words: “I once went for an interview, the moment the panel saw from my resume that I worked with Obi as a commissioner, the interview ended, with the panel members agreeing that having worked with Obi at that level was enough proof of anybody’s positive, hard-working and focused credentials.” Speaking with journalists after the event, the Second Vice Chairman of Agulu people’s union. Chief Stephen Okeke, described the award as apposite. He said that Obi was good in all ramifications and described what he called his “excellent performance as the governor and his unequalled empowerment of the people of the town without undue noise” as enduring legacies worth celebrating at all times. The event witnessed recipient of other category of lesser awards by many others. Chaired by Dr. Chike Akunyili, the event was attended by the cream of the people of the town.

38

T H I S D AY ˾ Ͱ˜ ͰͮͯͶ

39

T H I S D AY ˾ TUESDAY, JANUARY 2, 2018

TUESDAYSPORTS Quadri, Assar Start 2018 in ITTF’s Top 20 Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

Nigerian players are among the biggest beneficiaries of the new ITTF ranking system as Aruna Quadri gained a step to start 2018 at 20 in the January ranking released by the world table tennis ruling body yesterday. Quadri’s compatriot, Olajide Omotayo, gained by the new ranking moving from 514 to 213 in the January 2018 ranking. Having ended 2017 at 21, Quadri began the year at 21 while Egypt’s Omar Assar also gained from the new ranking system as the Egyptian is ranked 16 in the world. At world level, a new order took place as the reign of China’s Ma Long came to an end in the new ranking as the Olympic and World Champion has been displaced by Germany’s Dimitrij Ovtcharov. According to ITTF, the new system took into consideration the number of competitions that each player competes in while such player is also expected to earn points from every stage he attains in the tournament. China’s Long, who dropped to seven in the latest rating has dominated the ranking for more than two years missed out of the latest ranking as the best player in the world

as the top spot is now being occupied by Ovtcharov. For Ovtcharov, the top spot is as a result of a series of outstanding performances in the past year by the now 29-year-old who enjoyed the best 12 months of his career last year. He won the ITTF Europe Top 16 Cup, as well as at the Liebherr Men’s World Cup in addition to reserving the top step of the podium on the Seamaster 2017 ITTF World Tour in Bulgaria, China, Germany and India. Additionally he reached the fourth round of the Men’s Singles event at the Liebherr 2017 World Championships and was the runner up at the Seamaster 2017 ITTF World Tour Grand Finals. Simply, those results are the reason why for the first time in his career, Dimitrij Ovtcharov occupies the no.1 spot in the world order; the system now in place being based on the best eight results gained in the immediate preceding 12 month period, as opposed to the previous system when wins and losses against adversaries were the basis calculator. No other incumbent can match that record; colleague Timo Boll appears at no.3 behind China’s Fan Zhendong but other notable names, who

like Timo Boll have ascended to the top spot during their illustrious careers, the new listings do not make the most pleasant reading. China’s Xu Xin is at no.5; colleague Ma Long, the reigning Olympic Games and World champion is at no.7, whilst Vladimir Samsonov

of Belarus stands at no.25. Most significantly, Zhang Jike, also from China and like Ma Long, the winner of the most prestigious titles on planet earth, occupies the no.54 spot. Notably, Jun Mizutani, in recent times, the highest rated Japanese player on the Men’s World Rankings is now

at no.13; the leading names from the Land of the Rising Sun being Koki Niwa at no.6, Kenta Matsudaira at no.10 and Tomokazu Harimoto, one place lower. Similarly, Sharath Kamal Achanta is no longer the top listed player from India; he appears at no.51,

three places behind Sathiyan Gnanasekaran at no.48. Progress for South Asia but if any part of the world has reason to rejoice it is Africa; two players from that continent in the top 20 for the first time ever. Egypt’s Assar is at no.16, Nigeria’s Aruna at no.20.

Anthony Martial (left)) scored against Everton yesterday for the fourth time in six appearances against the Toffees

Raymond King Passes on at 52 NASCO Polo Unites 54 Religious, Ethnic Groups in Jos Duro Ikhazuagbe Former Shooting Stars of Ibadan flamboyant goalkeeper, Raymond King is dead. King who also had a distinguished club football career with the defunct Abiola Babes FC of Abeokuta died on New Year’s day aged 52 at the Lagos State University Teaching Hospital Ikeja, Lagos. Tajudeen Disu, King’s former teammate at Abiola Babes broke the sad news of the passage of the goalkeeper few minutes after he gave up the struggle to survive the stroke he suffered a week ago. Until King was transferred to LASUTH on New Year’s eve, he was admitted at the Ikorodu General Hospital but had to be moved when his condition deteriorated. “Raymond King has just passed on at the LASUTH,” began Disu on a sober note. “He was transferred from the State Hospital, Abeokuta to Ikorodu General Hospital on New Year’s eve when his condition was not improving,” revealed Disu. THISDAY further learnt that when SOS message was passed to kind hearted individuals to come to the aid of the former Flying Eagles goalkeeper, First Vice President of the NFF, Seyi Akinwunmi, DG of Lagos Sports Commission, Dr Kweku Tandoh and a host of other sports personalities joined efforts to ensure that King gets the best treatment by ensuring that he was transferred to LASUTH. “When the news got to

Lagos State Commissioner for Health Olajide Idris, he directed that he (King) should be taken to LASUTH for better treatment and it was this evening (Monday) he got there and LASUTH told us initially they didn’t have electricity to commence treatment or fuel to run their generator. “But when they eventually started to set up their equipment to treat him he was already gasping for air and he passed on,” a clearly distraught Disu recalled. But an independent source at LASUTH revealed that King may have survived if only there was a scanning machine at the Ikorodu General Hospital to know what to treat. All efforts to move him to Clinix in Ilupeju for MRI scan came too late. “By the time they brought him here (LASUTH) King was already in bad shape. He couldn’t move or recognize anybody again. The stroke had really done him in,” stressed the medical personnel to THISDAY. The high point of King’s career for 3SC was during the team’s 1984 campaign for the then CAF African Cup of Champions where the team finished as runners-up to Zamalek of Egypt. He also won the 1987 FA Cup title with Abiola Babes An indigene of Akwa Ibom State, King fell in love with Abeokuta and made the place his second home. He worked with the Ogun State Sports Council and Gateway FC as goalkeeper trainer.

Seriki Adinoyi in Jos Polo players from across the country at the weekend converged on the Hassan Usman Katsina Polo field in Jos, Plateau state for a weeklong 2017 Annual Polo Peace Tournament organised and sponsored by NASCO Group of companies. The company, among its many other social responsibilities has been committed to fostering socioeconomic interactions, as well as helping to consolidate on the gains of peaceful coexistence on the Plateau. Marketing Communications Advisor of NASCO, Haroun Harry Audu, noted that “the continuing involvement of the company in the Jos Annual Polo Tournament is consciously anchored on a corporate

commitment to promote peaceful coexistence, through sports-tourism.” He observed that “NASCO played a leading role in 2015, in reviving ‘The Game of Kings’ in Jos following a period of lull occasioned by crises in the state. “It is noteworthy that this bold step by NASCO in 2015, signaled the return and consolidation of peace, harmony and communal relationships in Jos and Plateau state.” He added that polo players, guests and tourists are excited to be in Jos at this time, united by their love for the game, and their attraction to Jos, Nigeria’s foremost home of peace and tourism. Audu added that “NASCO Group, through its marketing department has therefore again intervened to strongly

and roundly provide targeted sponsorship for the 2017 Jos Annual Polo Tournament. “The overall, substantial branding provisioning has rightly given the NASCO brand, a bold, befitting presence, giving the tournament venue, and associated facilities such as the freshly renovated NASCO Grandstand; a beautiful, welcoming ambience. This is consistent, and further stamps the historical sponsorship leadership role of NASCO in this prestigious annual event, going over forty years now. “This critical value addition to Jos Polo Club by NASCO represents a vital part of our ongoing, corporate commitment towards the advancement of sports development and promotion, and for the advancement of recreation, peace, and tourism in Plateau

State in particular, and pan Nigeria.” The Nigerian Polo Federation (NPF) has also recognised and deeply commended NASCO’s intervention in this regard; celebrating it as a remarkable and worthy partner that must be emulated by other corporate organisations. The Tournament Secretary, Saddiq Danladi Bobby, who spoke at the event, said, “by the special grace of God, we have succeeded in organising a peaceful tournament where people have come from all works of life. Players and visitors to this 2017 tournament in Jos cut across 54 ethnic and religious groups. We are impressed by the turnout as several teams and polo clubs are here and they know firsthand that indeed relative peace has returned to this state.”

EPL: Man Utd Reclaims Second Spot from Chelsea Manchester United moved into second place in the English Premier League after second-half goals from Anthony Martial and Jesse Lingard gave them victory over Everton. Martial curled the ball into the net from the edge of the area to break the deadlock before Lingard also bent a shot beyond Jordan Pickford from distance. Juan Mata hit a post for United while Oumar Niasse spurned Everton’s best chances. The win ends United’s run of three straight draws, while Everton, now without a win in four, stay ninth. United looked to be close to their best in the second half, with Paul Pogba providing the

assists for both goals. Lingard’s stunning strike was his seventh in the league this season, all scored in nine appearances since 28 November. Elsewhere on the New Year Day, Ragnar Klavan scored in injury time to give Liverpool a dramatic Premier League victory over Burnley and extend their unbeaten run to 16 matches. The hosts looked to have earned a point when Johann Gudmundsson equalised with just three minutes of normal time remaining. But Klavan headed home from almost on the goalline as the Reds snatched all three points.

Sadio Mane had given Liverpool the lead earlier in the second half with a superb shot from the edge of the area. Burnley goalkeeper Nick Pope made several good saves to keep his side in the match, while opposite number Simon Mignolet denied Sam Vokes just before Gudmundsson’s equaliser. In the Leicester City clash with Huddersfield, Riyad Mahrez scored one and made one to ensure Leicester broke a run of five games without a win with a deserved victory. The Algerian expertly guided home a side-foot volley from Marc Albrighton’s up-and-under into the box to open the scoring

after a dull first half. Seven minutes later he set up Islam Slimani with a precise though-ball and his countryman dinked a cool finish over Jonas Lossl. Huddersfield rarely threatened, with wayward shots from Tom Ince and Collin Quaner the closest they came to a reply. Instead the late stages were notable for Leicester midfielder Adrien Silva making his debut off the bench - four months after late submission of paperwork for his move from Sporting Lisbon left him unable to play - and Albrighton’s injury-time third from Demarai Gray’s deflected cross.

Tuesday January 2, 2018

TR

UT H

& RE A S O

N

Price: N250

MISSILE DAPPMA to NNPC “We again reject any attempt to blame marketers for the shortfall in supply as it is not our making since NNPC has been the sole importer since October 2017” – Executive Secretary, Depot and Petroleum Products Marketers’ Association (DAPPMA), Olufemi Adewole exonerating the association of any complicity in the current nationwide fuel scarcity that crippled the Yuletide season.

TUESDAY WITH REUBENABATI abati1990@gmail.com

The Rise of George Weah G

eorge Weah’s emergence as Liberia’s President-elect after the December 26 run-off election generated considerable interest among Nigerians for a number of reasons. Number one is George Weah’s popularity. The first African footballer to win the Ballon D’or, FIFA Player of the Year, three-time African Footballer of the Year, ex-Monaco, ex-Paris Saint-Germain, ex-AC Milan, Chelsea, Manchester City, former protégé of Arsene Wenger, virtually every football fan in Nigeria had a feeling of connection with the Liberian football star turned politician and President-elect. In Nigeria, football is the most uniting element within the public space; thus, once it became apparent that George Weah was set to become the 25th President of Liberia, the social media in Nigeria went into an overdrive. The Liberian President-elect probably got more congratulatory messages from Nigerians on Facebook and Twitter. Number two: Weah’s victory came at a time when there was scarcity of good news in Nigeria. As Christmas 2017 approached, Nigeria suddenly found itself in the throes of an embarrassing scarcity of fuel, which left many motorists stranded and Yuletide activities effectively crippled. An already frustrated citizenry seemed helpless as government officials and oil marketers traded blames. The former lied openly in the face of shocking revelations about the politics of fuel subsidy. For the football community, George Weah’s victory brought some measure of good news. It was as if their favourite footballer had scored a special goal. Number three reason is the relationship, which both George Weah and his Vice-President-elect Jewell Howard Taylor have established with Nigeria. Weah, in the company of Prince Yommie Johnson, who once lived in Ikoyi, Lagos had visited Pastor Temitope Joshua of The Synagogue Church in Nigeria before the election. Pastor Joshua seems to have a reputation across the African continent and beyond for being able to assist persons to become President. Weah’s victory was immediately linked to Pastor Joshua and the prayers he had offered to God on his behalf. Ms. Howard Taylor is the former wife of former Liberian President, Charles Taylor, now in prison for war crimes. Charles Taylor was in exile in Nigeria before his trial at The Hague. His wife, now Vice President-elect has maintained very strong relationships with Nigeria, indeed one of the first persons to take to the media to celebrate her was her Nigerian fashion designer and her husband. Number four reason and perhaps the most telling is: the-grass-to-grace-story, the-slumto-palace, football-pitch-to-Presidential-Villa, inspirational trajectory of George Weah’s career. The new President-elect represents a symbol of hope and triumph over adversity for not just young Liberians but other young persons across the continent, especially in Nigeria. I have heard many young Nigerians profess in the last week, that “if George Weah can make it, they too can make it.” Raised in a slum, from the poorest parts of Liberia, George Weah’s qualities were first strikingly revealed through his football career. He tried to give back to his country as an international football star, and once during the civil war, he single-handedly funded his country’s

Weah national soccer team. He retired in 2003. In 2005, he returned home to run for the Presidency of Liberia. His opponent was the Harvard-trained public administrator and ex-World Bank accountant, Ellen Johnson-Sirleaf. Weah was the people’s preferred choice (28.3 to 20%) but the Presidential election went on to a run-off. Weah lost the second round once the public was reminded that he was just a gifted footballer without even a Secondary School Certificate! Weah took this as a challenge and decided to seek formal education. He sat for the Secondary School Certificate Examination in 2006 at the age of 40. He proceeded to the United States and got a degree and a Masters’ degree. Then he returned to Liberia to pursue his dream afresh. In 2014, he was elected to the Liberian Senate, beating Sirleaf’s son, Robert, to the Montserrado County seat. In 2017, he was elected President, twelve years after his initial attempt and as JohnsonSirleaf’s successor. Among young Nigerians, he is the very paragon of determination and ruthless single-minded volition. Young Nigerians are so unhappy; they are slaves of inspirational stories such as this. They troop to churches in large numbers because they are looking for hope and motivation. Above all, they like the fact that George Weah is just 51. It is the kind of age bracket many Nigerians want for their next President. Contemporary circumstances have made them wary of making the mistake of electing into office anyone who may be too old to govern. To this situational and relational connection with the just concluded Liberian Presidential election should be added the fact that Nigeria played a major role through the ECOWAS Ceasefire Monitoring Group (ECOMOG) during the two Liberian civil wars (1989 – 1997; 1997 -2003). Many Nigerian families are forever linked to Liberia through ECOMOG. Many Liberians also came to live in camps in Nigeria and forged life-long relationships. This should further draw attention to one point: Elections or democratic processes in Africa are no longer isolated events. In many cases, there are cross-boundary factors and influences and the much sought-after African integration and cooperation is far more effective at the level of person-to-person diplomacy. The failure of African governments to promote this

by providing the infrastructure and the political will, beyond seasonal rhetorical talk, is part of the bane of the integration process in Africa. So much for why the election in Liberia has caused notable excitement in Nigeria; democracy is as much about imageries as it is about realities. When he takes the oath office on January 22, 2018 to become Liberia’s 25th President, George Weah will have to deal with many realities. He came to power on the crest-wave of popularity. Liberia’s youthful population is on his side. He is their hero. But he will need more than popularity to rule that country of 4.5 million people which has a history that is even far more complex than that of Nigeria. In an acceptance speech that came a bit late, George Weah spoke a lot about God, trip to Jerusalem, reconciliation, appeal to Liberians in Diaspora to come home and how his first task would be to deal with corruption. The details of what else he intends to do, he says, will be unveiled at a later date. The general tone of that acceptance speech shows President-elect George Weah may still have a lot to learn. He campaigned on the platform of change. Popularity will not guarantee that change. In the past 12 years, President Ellen Johnson-Sirleaf has managed to ensure post-conflict peace and stability in Liberia and has raised the profile of her country in the West African sub-region. Her autobiography – This Child Will Be Great (2009) may sound pompous but she is definitely ending her tour of duty as the first great President in Africa’s oldest democracy: Nobel Prize Laureate, first African woman President, under her watch, Liberia’s external debt was written off, some war-time infrastructure were repaired and she brought in investors, particularly the Chinese. Liberia also regained her voice within the international community, even if Mama Ellen has been accused of being too pro-American. It is also under her watch that Liberia has recorded the first democratic transition since 1944, and despite the initial hiccup of a run-off (recent Presidential elections in Liberia have ended with a run-off – 2005, 2011 and 2017), the 2017 election still ended peacefully. George Weah should see the need to build on her legacy. There are expectations, not just from the young Liberians who voted for him, but also across the continent. The Liberian economy remains weak, and far removed from its potential, given the country’s rich resource base; unemployment is double-digit, infrastructure deficit is high. The process of reconstruction initiated under Sirleaf needs to be fast-tracked to provide jobs for the people and to reassure them that their country is truly on the path to restoration and progress. When the people hear the word “change” during political campaigns, they imagine that it is real and immediate. In recent elections in Nigeria, Ghana, Gambia, and now Liberia, the people’s democratic engagement has been anchored on this rhetoric of change. It is also what the protesters in Cameroon, Togo and DR Congo are currently demanding. To promise the people change and deny them that change is to betray their trust and goodwill. The George Weah Presidency is the product of enormous goodwill. George Weah should therefore realize, early enough, that the coalition that has brought him to power is not a coalition merely

in name; it is a coalition with implications that cannot be taken for granted. Senator Jewell Howard Taylor led her party to join the George Weah group to produce the now formidable Coalition for Democratic Change. Prince Yommie Johnson who had been in another camp eventually joined the coalition to ensure victory. But perhaps Vice President Joseph Boakai also provided the needed oxygen of sportsmanship when in his concession speech, he decided to put Liberia first. He said: “I reject any temptation of imposing pain, hardship, agony and uncertainty upon our people. My name will not be used as an excuse for one drop of human blood to be spilled in this country.” This Goodluck Jonathan-inspired speech is most instructive. President Johnson-Sirleaf also deserves praise for allowing democracy to run its course. It is not always that African politicians agree to lose gallantly and choose to be magnanimous in either victory or defeat. In The Gambia, Yahya Jammeh had a change of mind. In Cote d’Ivoire, Laurent Gbagbo forced the issue and ended up at The Hague. In Kenya, Raila Odinga, leader of the NASA opposition is about to start a shameless dance. He has again dismissed the outcome of the last Presidential elections in that country as unacceptable. In January 2018, he says we should expect “civil disobedience, peaceful protests, non-cooperation with and resistance to an illegitimate regime in addition to People’s Assemblies.” This kind of tendency to see politics as a zero-sum game is the biggest challenge to the democratization process in Africa. George Weah has promised to fight corruption. In 2010, Transparency International labeled Liberia the most corrupt country in the world. President Sirleaf sacked a few Ministers but seven years later, the subject remains an embarrassment. The crisis persists. Weah, however, must resist the temptation to turn his anti-corruption campaign into a McCarthy-style witch-hunt/persecution of his predecessors in office. Liberia is indeed a complex country. It remains divided along ethnic and traditional lines. Samuel Doe triggered a crisis with his victimization of traditional power centres and the ethnicization of his government when he filled virtually every position with members of his Krahn group. President Johnson-Sirleaf has been similarly accused of nepotism, filling positions with family members and friends and having the temerity to justify her decision. George Weah is expected to be a unifying figure. The people are hoping that he would help transform Liberia into a “level playing field”: create open and equal access to opportunities, bridge the yawning gap between the rich and the poor, pave the country’s roads, make electricity accessible to the majority and create jobs for the unemployed. Those who voted for him are used to his dexterity on the football pitch; although football and political leadership are not the same things, Weah as President will need the same passion and all the skills of a footballer. He must hit the pitch running, make use of every opportunity, work hard, keep his eyes on the ball, play as a team, display leadership, and score goals. The ball will be passed to him on January 22. He should not disappoint.

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com