Tuesday 16th January 2018

Stock Market Sustains Rally as Index Hits 43,119.08, Market Cap Now N15.4tn Goddy Egene Nigerian stocks rose further yesterday as the Nigerian Stock Exchange (NSE) AllShare Index (ASI) climbed to a new high of 43,119.08 while market capitalisation hit N15.447 trillion. This follows sustained rally in the market since the beginning of 2018, which has seen the Nigerian

exchange gaining the most among the 96 major exchanges tracked by Bloomberg. As at the close of trading yesterday, the market’s main equity index, which is the NSE ASI, had advanced by 12.7 per cent. This meant that the Nigerian market, which

recovered from a three-year fall to gain 42.3 per cent last year, had appreciated further by 12.7 per cent in 10 trading days of 2018. Market capitalisation of equities had grown by N1.837 trillion since the beginning of the year. The rally has mainly been

driven by the banking, consumer, insurance, and industrial goods sectors of the market. Specifically, the NSE Banking Index that led the market last year with a growth of 73.3 per cent, has appreciated by 20 per cent this year, outperforming the

NSE ASI by 7.3 per cent. The NSE Industrial Goods Index followed with a growth of 16.9 per cent, while the NSE Insurance Index has appreciated by 11.4 per cent, NSE Oil/Gas Index has appreciated by 8.4 per cent, just as the NSE Consumer

Kidnapped Taraba Lawmaker, Ibi, Found Dead… Page 6

Goods Index has advanced by 7.2 per cent. Market operators have attributed the Bull Run to investors’ reaction to rising oil prices, positive macroeconomic outlook and high expectations for impressive 2017 full year results. Besides, Nigerian equities Continued on page 6

Tuesday 16 January, 2018 Vol 22. No 8307. Price: N250

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US Envoy Meets Onyema, Says Reports of Trump’s Shit-Hole Remark Contradictory… Page 8

Accommodate Your Fellow Country Men, Buhari Appeals to Ortom No land for cattle colony, Benue leaders insist CAN berates FG, police over silence on killings by herdsmen in Taraba Omololu Ogunmade in Abuja and Wole Ayodele in Jalingo President Muhammadu Buhari yesterday in Abuja appealed to the Governor of Benue State, Dr. Samuel Ortom, to accommodate his fellow countrymen, promising that all perpetrators of violence

in the state would be made to face the wrath of the law. “I ask you in the name of God to accommodate your countrymen. You can also be assured that I am just as worried, and concerned with the situation,’’ the president Continued on page 6

Crude Oil Price Hits $70 P/B Despite Surging US Output Ejiofor Alike with agency reports Crude oil price hits $70 per barrel yesterday despite surging production by the United States, which is offset by the production cuts led by the Organisation of Petroleum Exporting Countries (OPEC) and Russia.

The international benchmark Brent crude futures rose above $70 per barrel earlier in the session before trading at $69.69 per barrel. The United States West Texas Intermediate (WTI) crude futures were at $64.22 per barrel but Reuters reported Continued on page 6

Ekiti Bars Fayemi, Ex-Commissioner from Public Office over Alleged Corruption... Page 8

REMEMBERING FALLEN HEROES... R–L: Senate President, Senator Bukola Saraki; Speaker House of Representatives, Hon. Yakubu Dogara; and Chief Justice of Nigeria, Justice Walter Onnoghen; during the wreath laying ceremony to mark the 2018 Armed Forces Remembrance Day at the National Arcade, Abuja… Monday photo: speaker’s media office

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Kidnapped Taraba Lawmaker, Ibi, Found Dead Wole Ayodele in Jalingo Kidnapped member of Taraba State House of Assembly, Hon Hosea Ibi, has been found dead. The lawmaker, who represented Takum I Constituency in the Assembly

was killed by his abductors after an undisclosed amount was paid as ransom for his release. Ibi, who was kidnapped on Saturday, 30th of December 2017 at his home in Takum, was found dead in the bush

around Kwari Village, along Kashimbila Road. Police Public Relations Officer, Mr. David Misal, confirmed the development to THISDAY in a telephone interview. Chairman, House Committee

on Information, Hon Saleh Sa'ad, also confirmed the death of the lawmaker in a telephone interview with newsmen. Speaking on the development, former Speaker of the State House of Assembly, Hon. Mark Useni, expressed

shock at the development, saying the entire people of Takum and the entire state has been thrown into mourning. Useni, who represents Takum II Constituency in the Assembly, told THISDAY that the people of Takum and his colleagues

in the House were looking forward to his release only to be shocked by the news of his death. The remains of Ibi, who was elected to the House in 2015, has been deposited at the Takum General Hospital.

the president in clear terms that while they were willing to accommodate their fellow countrymen, they had no luxury of land for cattle colony. They restated their call for the arrest and prosecution of herdsmen who killed 73 persons in the state recently, saying no one must be seen to be above the law. Briefing journalists at the end of the meeting, Ortom who recalled his earlier comment during his last visit to the Villa that he was yet to understand the meaning of the concept of cattle colony being proposed by the federal government, added that he had eventually been educated on the matter yesterday by the Minister of Agriculture, Chief Audu Ogbeh. According to him, whereas the government requires 10,000 hectares of land for the take-off of cattle colony in the state, the idea is totally impracticable in Benue State because such luxury of land for such project is not available in the state. He disclosed that the total land size currently available in Benue State is 5,000 hectares, which he said was far below the requirements for the implementation of the concept. The governor said the leaders made a strong appeal to the president in the meeting to ensure the arrest of perpetrators of the heinous crimes, noting that the assailants have continued to issue threats of further killings in the state. According to him, the delegation believes in the

leadership of the president and hence, wants him to ensure that the perpetrators are caught by the long arms of the law. He further disclosed that the president in his response vowed to leave no room for impunity. Furthermore, he said, the president renewed his directive to the IG to arrest and prosecute those behind the killings, pointing out: "We cannot allow lawlessness." While insisting that there is no going back on the implementation of anti-open grazing law, Ortom said the law makes provisions for the security of both the herdsmen and farmers as he explained that even if there are still "pockets of issues" in some places such as Makurdi Local Government, relative calm has returned to most places of the state. Asked if issues over the letters he sent to the presidency ahead of the attacks came up in the meeting, the governor, who said the delegation was in the State House to thank Buhari for all the measures he put in place to put the situation under control, maintained that there was no need bringing up the issue again. Ortom also dismissed the allegation that he armed some militants to engage in killings in the state as diversionary, saying if the allegation was true, such blatant killings would have been avoided particularly in his own local government because there would have been adequate

security. He described the allegation as false and a move meant to turn the fact from reality. Ortom also corrected the belief by journalists that yesterday's meeting was called by the president, disclosing instead, that the meeting was convened at the instance of Benue leaders whom he said formally requested to meet the president over the killings. According to him, if letters were not responded to, he had been speaking with the president on the telephone and he had been responding positively well.

warned that the 13 per cent rally since the start of 2018 could peter out in the short term due to global refinery maintenance, which could limit crude demand and rising North American production. With oil prices above $60, Russia had earlier before the extension of the output cuts, expressed concern that an extension for the whole of 2018 could prompt a spike in crude production in the United States, which is not participating in the deal. Russia needs much lower oil prices to balance its budget than OPEC’s leader Saudi Arabia, which is preparing a stock market listing for

national energy giant Aramco this year and would hence benefit from pricier crude. However, some in the producers' group fear current price gains could prompt shale companies to flood the market. US crude oil production is expected to hit 10 million barrels per day (bpd) this month, leaving only Russia and Saudi Arabia at higher levels. US energy companies added 10 oil rigs in the week to January 12, taking the number to 752, energy service firm Baker Hughes said at the weekend. That was the biggest increase since June 2017.

In Canada, energy firms almost doubled the number of rigs drilling for oil last week to 185, the highest level in 10 months.

ACCOMMODATE YOUR FELLOW COUNTRY MEN, BUHARI APPEALS TO ORTOM was quoted to have said in a statement by his media and publicity adviser, Mr. Femi Adesina, after a meeting with visibly angry leaders of thought from the state, led by the governor. To quench the anger of his visitors over the recent killings by suspected herdsmen in two local governments of the state, Buhari reportedly added: “Your Excellency, the governor, and all the leaders here, I am appealing to you to try to restrain your people. I assure you that the Police, the Department of State Security and other security agencies had been directed to ensure that all those behind the mayhem get punished.� Following the incessant killing of farmers by herdsmen across several local governments, the state government in May last year promulgated the Open Grazing Prohibition and Establishment of Ranches Law. It outlaws open grazing in the state and compels livestock breeders, including cattle to ranch them. Fulani cattle rearers massed in the Miyetti Allah Cattle Breeders Association determined that the law was made to exclude them from the state and opposed it, vowing to frustrate its implementation. Their agitations against the law that took effect in November last year persisted culminating in the New Year day massacre of 73 people in Logo and Guma Local Government Areas. A horrified nation carpeted

the president for his initial silence even as the security agencies were hugely criticised not only for its failure to prevent the occurrence but also for its sluggish response to the bloodbath. Buhari responded by ordering IG Idris to relocate to Benue to contain the violence. Yesterday’s meeting with Benue leaders was a further step by the president to control the damage the mayhem had done to the federal government’s image. According to the statement, Buhari said all those involved in the conflict that culminated in the loss of many lives would not escape justice, including any illegally armed militia in the state. It also said the president commiserated with all victims of the attacks and families who lost their loved ones and property in the incidents, promising that the government would strive to ameliorate their situation. Buhari disclosed that relevant agencies had been directed to start catering for their humanitarian needs. Adesina said the president also told the delegation that his administration had already begun the process of finding a lasting solution to the persistent conflicts between herders and communities around the country, stating that the Inspector General of Police, Mr. Ibrahim Idris, had been directed to relocate to the state and ensure security of lives and property. He urged all Benue

indigenes to trust the security agencies and report all cases of suspicious movements in the state. Furthermore, the statement said Ortom told the meeting that the federal government's intervention in the crisis would reduce the prevailing tension in the state. "We will leave here to rebuild confidence in our people," he said. The Tor-Tiv, Prof. James Ayatse, was, however, said to have lamented that his entire domain had been thrown into mourning due to the incessant attacks, and implored Buhari "to put an end to the gruesome situation." According to Adesina, present at the meeting were Benue State Deputy Governor, Mr. Benson Abounu; former Senate president, Senator David Mark; former Benue State governor, Senator George Akume; and Senator Barnabas Gemade. Others include Senator John Waku, Gen. Lawrence Onoja (rtd), Brig. Gen. John Atom Kpera (rtd), former Attorney General of the Federation and Minister of Justice, Mr. Michael Aondoakaa; Speaker of Benue State House of Assembly, Terkimbir Kyambe; and other members of the National and State Assembly from the state.

No Land for Cattle Colony, Benue Leaders Insist But the Benue leaders, according to Ortom, told

Osinbajo Denies Receiving Violence Alert from Ortom But in a swift reaction to media reports that Ortom sent letters to the president and Vice-President Yemi Osinbajo, notifying them of plots by herdsmen to attack the state without any response, Osinbajo in a statement by his spokesman, Mr. Laolu Akande, said there was no mention of imminent attacks in Ortom's letter that he received. Akande said the vicepresident was shocked by the report credited to Ortom that both the president and vice-president were acquainted with information on plots of inhuman killings by herdsmen in Logo and Guma local government areas on January 1, 2018. Continued on page 8

CRUDE OIL PRICE HITS $70 P/B DESPITE SURGING US OUTPUT that trading was relatively slow due to a national holiday in the United States. After falling from an alltime high of $147 per barrel in July 2008, Brent crude price had hit a peak of $115 per barrel in June 2014 before the excess inventory in the oil market forced the price down to $27 per barrel in February 2016. WTI also reached a peak of $105 per barrel in June 2014 before the sharp drop in oil prices. However, a productioncutting pact between the OPEC, Russia and other producers has given a strong tailwind to oil prices, with

both benchmarks hitting levels not seen since December 2014. OPEC, together with Russia and a group of other producers, last November extended an output-cutting deal to cover all of 2018. The cartel had at their November 30, 2017 meeting agreed to extend oil output cuts until the end of 2018 as part of the global efforts to eliminate excess oil supply that had dogged oil prices in the markets since 2014. The current deal, under which OPEC and non-OPEC producers are cutting supply by about 1.8 million barrels per day, expires in March 2018. OPEC is cutting output by

even more than it promised and the restraint is reducing oil stocks globally, a trend most visible in the United States, the world’s largest and most transparent oil market. Growing signs of a tightening market after a three-year rout have bolstered confidence among traders and analysts that prices can be sustained near current levels. The decision to extend the production cuts has seen crude oil prices rising, but a major factor countering efforts by OPEC and Russia is US oil production which has soared and is fast approaching 10 million bpd. A number of analysts have

STOCK MARKET SUSTAINS RALLY AS INDEX HITS 43,119.08, MARKET CAP NOW N15.4TN are seen as still having significant upside, hence investors are swooping on the stocks. Bloomberg had reported that the bull run will probably be sustained as prices for oil, Nigeria’s main export continue to rise, while investors look to increase their holdings of what remains among the cheapest stocks in Africa, according to the asset management arm of South African lender FirstRand Limited.

“For investors wanting more exposure to consumers in Africa and Nigeria, in particular, the outlook is good,� said Paul Clark, a money manager in Johannesburg at Ashburton Investments, which owns Nigerian stocks, including Seplat Petroleum Development Co. “The banking sector is probably the most attractive at the moment, especially the tier-2 lenders.� Despite the gains so far, Nigerian valuations are still

considered the cheapest among the major African equity indexes. Nigerian stocks trade at a forward price-to-earnings ratio of 10.2, while South Africa’s are at 14 and the MSCI Emerging Market Index is at 13. “For long-term investors, Nigerian equities were a screaming bargain,� said Nick Ndiritu, co-manager of Allan Gray’s $389 million Africa equity fund, which doesn’t include South

Africa. “Investor sentiment has turned more bullish on Nigeria and a re-rating of the Nigerian stock market is now underway.� A look at the banking sector that is driving the rally showed most of the stocks have surged above 50 per cent so far this year. Sterling Bank Plc has gained 76.8 per cent, while FCMB Group has appreciated 71.6 per cent. Diamond Bank Plc has recorded a growth of 69 per cent, while Skye Bank Plc

trading 68 per cent above its year’s opening price. Unity Bank Plc has appreciated by 54.7 per cent, while Wema Bank Plc has gained 51.9 per cent among others. The banking sector had similarly led the market with some of the stocks rising above 150 per cent. Fidelity Bank Plc topped the gainers’ chart in 2017 with 192.9 per cent. Stanbic IBTC Holdings Plc followed with 176.7, while FBN Holding Plc went up by 162.7 per cent.

TOP GAINERS FCMB SKYEBANK CAVERTON FIDELITY INTERBREW TOP LOSERS ETERNA UNIONBANK LAFARGE

NGN NGN 0.25 2.79 0.07 0.91 0.08 1.68 0.16 3.36 3.00 63.00 NGN NGN 0.45 6.15 0.42 7.98 2.84 54.06 NAHCO 0.22 4.27 CUTIX 0.11 2.16 HPE Nestle Nig Plc â‚Ś1,490.00 Volume: 730.618 million shares Value: N6.301 billion Deals: 7,964 As at yesterday 15/01/18 See details on Page 31

% 9.8 8.3 5.0 5.0 6.8 % 6.8 5.0 4.9 4.9 4.8

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Ekiti Bars Fayemi, Ex-Commissioner from Public Office over Alleged Corruption Joke taken too far, says Fayemi Victor Ogunje in Ado Ekiti Indicted by the judicial panel of inquiry set up by the Ekiti State Government, former governor and Minister of Mines and Steel Development, Dr. Kayode Fayemi, and his Finance Commissioner, Mr. Dapo Kolawole, have been barred from holding any public office in the state and Nigeria for 10 years. The decision was part of the recommendations of the judicial commission headed by Justice Silas Oyewole as the government accepted the report of the white paper on the Judicial Panel of Inquiry set up by the State Executive Council. Fayemi and Kolawole were also slammed for refusing to appear before the commission even after the determination of the case challenging the inauguration of the commission of inquiry before the Ekiti State High Court. Addressing journalists after the SEC took delivery of the report, the Commissioner for Information, Mr. Lanre Ogunsuyi, said: "Their disrespect to the constituted authority and the undignified

roles they played in the whole contracts saga were obviously against the interest of the state they were supposed to protect. They are banned from holding public office in Ekiti and any part of Nigeria." Ogunsuyi said that Ekiti State is prudent when it comes to the management of finances. His said: "Government views accountability and probity as the hallmark of good governance. Therefore, the government decided to set up the Judicial Panel of Inquiry in line with its law enacted in 2012. "The government viewed seriously the report and it intends to carry out all the recommendations in the report." Another highlight of the white paper is the government mandate to Fayemi and his Finance Commissioner to refund N2.7 billion, which was allegedly allocated for the execution of the contract for an ultra-modern market that was never executed. The government further directed the Ministry of Justice to institute appropriate legal actions to give effect to the sanctions in the white paper.

"His Excellency, Dr. Kayode Fayemi, and the Commissioner for Finance, Mr. Dapo Kolawole, should be made to account for the difference of N340 million from the N1.5 billion earmarked from the bond proceeds for the upgrade of infrastructure at Ikogosi Warm Spring, which could not be accounted for," the white paper said. The former governor and his Finance Commissioner were to also pay other monies running to billions of Naira to the state government’s coffers. Governor Ayodele Fayose defended the government decision on the white paper, saying that the government had done what was right. He stated this while receiving the report of the White Paper Committee set up to consider the report of the judicial panel of inquiry into the financial transactions of the last administration between the year 2010 and 2014. He said: "We are doing what is right within the ambit of the law by appointing competent people for the assignment. We must be seen to be doing the right thing and it is not wrong to ask how the finances of the

state have been appropriated within a given time and we are following due process. "The APC government could probe this and that, even if you say they are biased, what can anyone do? I am not part of the panel that sat for the inquiry, they submitted the report to me and I presented it to appropriate organ and I will do the same with this document. This is not personal in any way, we are only doing the right thing and following due process.� Reacting to the development, Fayemi said it was a joke carried too far. He said in a statement by his media aide, Mr. Yinka Oyebode: "While we believe it is part of the responsibilities of the state administration to look into the finances of the state at any point in time, we are also of the belief that such must be done in a very responsible manner devoid of prejudice, witch hunting and a calculated attempt to victimise a citizen. “In this particular case, the entire process is discredited right from the beginning, as the only agenda of the panel was to rubbish Fayemi’s

Fayemi public service record. One is, therefore, not surprised at the recommendations of the White Paper. It only goes to confirm our initial position that the panel was compromised right from inception and targeted against Fayemi.� He said the governor ignored the rule of law and behaved as if the court did not matter by embarking on the inquiry, contending that his actions

were subjudiced. Fayemi added: "The entire process and the character personae involved are discredited and since it is impossible to build something on nothing, legally speaking, their recommendation is not only null and void, it is ultra vires. "It shall not stand. It is nothing but a joke taken too far, perhaps a joke of the century."

US Envoy Meets Onyema, Says Reports of Trump’s Shit-Hole Remark Contradictory Alex Enumah in Abuja The Deputy Chief of Mission, Embassy of the United States of America in Abuja, Ambassador David Young, on Monday stated that the derogatory remark allegedly made by the US President Donald Trump against Africans was neither here nor there owing to the different versions of the statement. Young, who stated this yesterday in Abuja, during a

meeting with the Minister of Foreign Affairs, Mr. Geoffrey Onyeama, however, assured that his country would continue to show respect to Nigeria and cherish the cordial and excellent relations between the two countries. A statement by the spokesman of the Ministry of Foreign Affairs, Dr. Tope EliasFatile, said: "Ambassador Young pointed out that there were contradicting accounts by those present as to the

veracity or otherwise of the substance of the remarks. "He stressed that his government continued to hold the people of Nigeria in very high regard and valued the warm relations and excellent cooperation between the two countries and looked forward to building on this relationship for the mutual benefits of the two countries". The statement disclosed that Onyeama, earlier in

the day summoned the US Ambassador to Nigeria to clarify issues regarding the remarks credited to the US President. Mr. Donald Trump, in which he was widely quoted in Media reports as referring to African countries as “shithole countries� and which he denied. "The Minister sought clarification on the veracity or otherwise of the substance of the remarks, stressing that if they were true,

they were deeply hurtful, offensive and unacceptable, especially given the very warm and cordial relations that presently exist between the Nigerian Government and the Government of the United States of America", the statement added. Trump had in a fit of anger lambasted immigrants, stating that they were coming from ‘shithole’ countries, a statement that annoyed many concerned nations and

generated serious criticisms from the African Union and others. He was said to have made the statement during a meeting with congressional leaders in the Oval Office. “Why are we having all these people from shithole countries come here?� he was alleged to have asked, after being presented with a proposal to restore protections for immigrants from the countries in question.

of over eighty people across four local government areas of the state. Its Chairman, Rev Dr Ben Ubeh, said those killed in Lau, Wukari, Donga and Gassol local government areas were peasant Christian farmers. Besides the dead, CAN stated that dozens of others were receiving treatment at the Federal Medical Centre and the state Specialist Hospital, both in Jalingo, adding that over 10,000 others rendered homeless were in IDP camps at Abare, Kunini and Jalingo as well as other villages. The group said: "The leadership of the Christian Association of Nigeria (CAN), Taraba State, and the entire body of Christ in the state are worried over the renewed killings of innocent peasant Christian farmers in the state without provocation and the conspiracy of silence by the federal government and the police authorities. "Last week, over 60 people were killed across several communities in Lau, 11 others were killed in Wukari, 3 in

Donga and 6 in Gassol local government areas. There are more than 10, 000 IDPs at various camps in Jalingo, Abare, Kunini and other villages, while dozens of others are receiving treatment at the Specialist and Federal Medical Centre in Jalingo." CAN also wondered why only 12 persons were confirmed dead in Lau by the police even when no fewer than 61 persons were buried after the attack on the communities just as it demands an explanation from the federal government on why it maintained a golden silence on the killings on Monday. It stated: "What does the police want to achieve by playing down the number of those killed? Are they doing it to please their paymaster, the federal government? Does the life of ordinary Nigerians not worth being protected by the federal government? This is why we smell a conspiracy between the police and the federal government over the recent killings in the state".

ACCOMMODATE YOUR FELLOW COUNTRY MEN, BUHARI APPEALS TO ORTOM The statement which explained that neither Ortom nor the federal government was aware of any plot to attack any of the 23 local government areas of Benue State, explained that the only letter Osinbajo received from the governor as the then acting president, was dated June 7, 2017, and only intimated him with the objection of herdsmen to the anti-grazing law. It added that the herdsmen under the aegis of Miyetti Allah, had earlier written a letter to him complaining about provisions of the law and he consequently met with the governor over the matter and also put the security agencies on alert to avert any violence. It stated: "Although the Vice President, Prof. Osinbajo, does not believe that the governor could ever have said so, it will be a terrible falsehood to suggest that the VP was ever informed by the governor or anyone else of the imminence of the killing of citizens of our country in those or any other local governments in

Benue State. "Governor Ortom wrote to the Vice President, then Acting President, on 7th June 2017 protesting a newspaper publication where the leadership of Miyetti Allah was reported to have stated that it was opposed to the Open Grazing Prohibition Law of the state and that they would mobilise to resist the law. "The Miyetti Allah had written to the Vice President on the 5th of June 2017 on the same law protesting several sections of the law. The governor went on to say that the leadership of Miyetti Allah should be arrested because they used words such as 'wicked, obnoxious and repressive,' to describe the law and because these were 'utterances that are capable of undermining the peace...,' the Vice President subsequently met with the Governor, discussed the matter and the security situation in the State and then ordered law enforcement agencies to be on the alert to prevent any

attacks or violence. This was in June 2017. "In the said letter written by the Governor, there was no mention of any threat to any specific one of the 23 local governments of Benue State, so the best the law enforcement agencies could do even then was to await information or intelligence of an imminent attack. None came. "Since then, the VP has held several meetings with the Benue State Governor, including a visit to the State on the 6th of September, last year at the behest of Mr. President during the tragic floods in the state last year. At all such meetings, the Vice President discussed the security situation of the State with the Governor. "Following that, the then Acting President convened a major national security retreat which was attended by all state governors, service chiefs and heads of security agencies. The retreat featured very detailed discussions on the herdsmen/ farmers’

clashes. "To the best of our knowledge, neither Governor Ortom nor the Federal Government was aware of the imminence of the cowardly attack on Logo and Guma on the 1st of January, and therefore any suggestion that the President or the Vice President ignored the State Governor’s warning is both absolutely false and certainly misleading," the statement said.

CAN Berates FG, Police Meanwhile, The Christian Association of Nigeria (CAN) has condemned the federal government and the Police authorities for their silence over renewed killings in Taraba state by Fulani herdsmen. Taraba State chapter of the association in Jalingo, in a statement on Monday, expressed worry over what it termed 'conspiracy of silence' by the federal government and the police over the killing

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

Three Killed as NCDC Confirms Outbreak of Lassa Fever in Ebonyi Christopher Isiguzo in Enugu, Senator Iroegbu in Abuja and Benjamin Nworie in Abakaliki Three medical personnel at the Federal Teaching Hospital, Abakaliki in Ebonyi State have been killed by Lassa fever. Confirming the incident, the state Commissioner for Health, Dr. Daniel Umezuruike, said two of the dead patients were medical doctors while the third person was a nurse. He revealed that the index patient who was treated by one of the doctors and nurse survived and had been discharged. Umezuruike said the cause of the death of one of the doctors has not been confirmed to be Lassa fever as he had mobidity of diabetes. The commissioner further said the victims presented late because they were self-medicating when the symptoms started showing. He said: “Early last week there were suspected cases of Lassa, and yesterday my attention was drawn to it that a doctor died of suspected Lassa. We sent 12 samples and four came out positive. “One was self-medicating, he went to Mater Hospital in Afikpo. Two doctors he saw later advised him to go back to FETHA, he refused until it was advanced before he came to the hospital. “For the second doctor, Umezuruike said because he has mobidity of diabetes, his death has not yet been confirmed to be caused by Lassa fever.” Umezuruike debunked reports that the victims were taken to Irrua Specialist Hospital in Edo State for treatment instead of the Virology Centre built by the Ebonyi State Government in Abakaliki. “He was treated at FETHA. We built and donated the Virology Centre to FETHA. The second case treated a woman who was bleeding after undergoing local ovuloctomy and he was treated by the doctor to arrest the bleeding

on December 29, 2017. They didn’t present her to the hospital on time,” he added He said the ministry had commenced contact tracing in order to monitor anyone who came in contact with the patients to ensure that no further deaths are recorded. Meanwhile, Nigeria Centre for Disease Control (NCDC) has confirmed fresh outbreak of Lassa Fever in the state. The Chief Executive Officer of the NCDC, Dr Chikwe Ihekweazu, in a statement yesterday, said the centre was last Sunday notified of the four victimes of Lassa fever among health care workers in the South-east state. According to Ihekweazu, three of the four victims have subsequently passed away. He noted that NCDC was already acting on the directive of the Minister of Health, Prof. Isaac Adewole, for immediate provision of support to the state government, to investigate and respond to this cluster of cases. Following the report, he said the Ministry of Health through the Nigeria Centre for Disease Control, in collaboration with the World Health Organisation (WHO) immediately commenced the public health response supporting the Ebonyi State Ministry of Health. He said: “A Rapid Response Team has been immediately deployed from NCDC to support the state in response coordination, contact tracing, case management and strengthening infection prevention and control (IPC) procedures. The NCDC has also provided urgently required medical supplies and drugs to support case management in the state. “Lassa fever is a viral hemorrhagic disease, caused by contact with food or household items contaminated with rodent urine or faeces. The Lassa virus may also be spread between humans through direct contact with blood, urine, faeces, or other bodily

secretions of a person infected with Lassa fever.” Ihekweazu noted that “health care workers in health facilities are particularly at risk of contracting the disease, especially where infection prevention and control (IPC) procedures are not strictly adhered to. We therefore strongly advise that health care workers practice universal care precautions while handling patients at all times, not just when Lassa fever is suspected. “We commiserate with the Federal Teaching Hospital, Abakaliki (FETHA) and Ebonyi State Government, and will support them to avert a future occurrence. “Although there is no vaccine currently available for Lassa fever, the disease can be prevented.” NCDC boss urged members of the public to keep their environments clean in order to discourage rats from entering homes. He further advised that food stuff should be stored in rodent-proof containers, garbage should be disposed properly and far from the home, and hand washing should be practiced frequently. Ihekweazu also reminded the health care workers that Lassa fever presents, initially like any other disease, causing a febrile illness such as malaria; and are advised to practice universal care precautions at all times. According to him, Rapid Diagnostic Test (RDT) must be

applied to all suspected cases of malaria. He stated that when the RDT is negative, other causes of febrile illness, including Lassa fever, should be considered. Ihekweazu further advised that extra caution should be taken by family members who are providing care for patients with Lassa fever. In addition, he said states are encouraged to ensure safe burial practices for patients who die from Lassa fever He also noted that national guidelines for Infection Prevention and Control, as well as Lassa fever case management have been developed, disseminated to states and are available on the NCDC website for download. NCDC CEO promised that NCDC remains committed to supporting all states’ public health teams to prevent and respond to public health threats. However, irked by the resurgence of Lassa fever in the South-east zone, the Nigeria Medical Association (NMA), Enugu State chapter, yesterday inaugurated a 22-member committee to sensitise the public and prepare health workers to be at alert. There were reports of the resurgence of the disease in Abakaliki, Ebonyi State capital, over the weekend. Already, it has recorded casualties. Chairman of the state NMA, Dr. Cajetan Onyedum, said the move was necessary to sensitise residents of the state as well as

health workers to be at alert. “We got official information yesterday on the death of two of our colleagues following confirmed outbreak of Lassa fever in state. This morning a nurse also died as a result of the same disease while another colleague is in critical condition. “We thought it would be wise to set up this committee due to the proximity between Enugu and Ebonyi States in order to check the incidences here,” he said. Onyedum said membership of the committee was drawn from key institutions in the state, adding that the committee would embark on sensitisation campaigns across the state. According to him, the proactive move would see them visit all primary, secondary and tertiary health facilities in the state as well as rural communities. “The reason for this is because when the disease strikes, it does not choose destination or whom to attack,” Onyedum said. The Chairman of the committee, Dr. Uche Unigwe, said Nigerians could no longer be in denial of cases of Lassa fever. Unigwe, an expert in infectious diseases, said it was unfortunate that the disease had spread from the initial six states to over 20 in the country. He said medical workers needed to be more sensitive and at alert in identifying such cases, adding that “this is an indigenous

disease named after a community in the country and we should do everything possible to contain it. “The most important thing is to develop a high index of suspicion so that medical workers can easily identify Lassa fever when they look at patients and protect themselves.” He said that the committee would embark on aggressive sensitisation of residents, adding that everything needed to be done to reduce mortality as a result of the disease. Unigwe said medical doctors in the state have the capacity to handle the disease if reported in time, and cautioned Nigerians to be more careful in handling food items. He appealed to Nigerians to maintain a clean environment and ensure that rodents, which are the primary carriers of the disease, did not get in contact with their food items. The Chairman, Infection and Disease Control Committee, Enugu State University Teaching Hospital, Dr. Miriam Chidobem- Ajuba, said funds were required to check and contain the disease. Chidobem-Ajuba said the cheering news was that the state government had upgraded facilities at health institutions. She said the EmergencyResponse Team of the state Ministry of Health had also been strengthened in case of unforeseen circumstances. “Thestategovernmenthasupgraded the Isolation Ward at the Colliarey Hospital,” Chidobem-Ajuba added.

Five Feared Killed as Two Islamic Sects Clash in Niger Laleye Dipo in Minna No fewer than five people were feared dead and scores of others injured in a conflict between two Islamic sects in Munya Local Government Area of Niger State last weekend. The injured were said to have been treated for gunshot injuries in private hospitals in Sarkin-Pawa headquarters of the local government area and at government hospital in Gwada town some kilometres to Guni town where the crisis broke out. THISDAY was told that a large number of suspects were arrested by the police in Sarkin-Pawa which also transferred them to the Criminal Investigation Department in the Police Headquarters. During the fracas between the Darikah and Izala Islamic sects over the timing for the observance of the Jumat prayer and decision of the Izala to have a separate prayer ground in the community dangerous weapons including sophisticated rifles and Dane guns were used which was reported to have caused the heavy

casualties It was learnt that one of the sect was against the decision of the other one saying the congregational prayer at 12.30p.m. and tried to stop the members of the other sect from saying the prayer that time. A disagreement ensued between the members leading to the free-forall and use of dangerous weapons. Other worshipers and villagers scampered for safety with some escaping to Minna and SarkinPawa. The member of the House of Assembly from the area Mr Paul John Bahago and the Commissioner nominee from the area Alhaji Danjuma Salau, were in the area to commiserate with the injured. Bahago described the incident as “sad and unfortunate,” and urged the people to learn to live in peace with one another. All efforts to get confirmation from the State Police Public Relations Officer, Mohammed Abubakar, was abortive as he refused to pick his cell phones when he called several times. He also refused to reply the text message sent to his phone.

MEETING WITH BENUE LEADERS

L-R: President Muhammadu Buhari; Governor Samuel Ortom of Benue State; state Deputy Governor, Mr. Benson Abounu; former Senate President, Senator David Mark; Senator Barnabas Gemade; and Senator George Akume, during courtesy visit of Benue leaders to the Presidential Villa in Abuja ....yesterday Godwin Omoigui.

New Boko Haram Video Raises Concern over Success on Insurgency Paul Obi in Abuja A new video released yesterday by the Boko Haram leader, Abubakar Shekau, has raised concerns over the purported success over Boko Haram terrorists, the war on terror and insurgency. In the video, Shekau boasted about him being alive and his readiness to continue with the insurgency and attacks.

“I am not wounded, I am ready to fight and will continue to fight,” Shekau maintained. In the video, 14 of the kidnapped Chibok girls were shown where three were carrying babies. One of the Chibok girls stated in the video that “we are the Chibok girls, by the grace of Allah, we will not return to you.” Speaking about the relationship with the Boko Haram leader,

Shekau, one of the women in veil said: “We live in comfort. He provides us with everything, we lack nothing,” she said. Efforts by THISDAY to speak with the Director of Army Public Relations, Brig Gen Sani Usman, were not fruitful, as he was not available for comments, neither did he respond to calls and text messages sent across to him.

The new video came at a time the President Muhammadu Buhari’s administration is seeking about $1 billion to fight the insurgents. The request sparked controversy and debates across the country recently, with many demanding answers for such request following the declaration by the administration and federal government that Boko Haram had been ‘technically defeated.’

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COMMENT

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

NIGERIA AND THE LAKE OF BLOOD (2) Emmanuel Ojeifo argues that President Buhari has to do more to earn the respect of Nigerians

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fter watching the unfolding tragedy of unpaid workers committing suicide, the dramatic butchery of untold magnitude and pillaging of communities perpetrated by rampaging squads of herdsmen, the skewed economic policy of Buhari’s government that has almost grounded the nation to a halt, the abysmal insensitivity, and total lack of compassion of the president in the face of the human degradation taking place, the helplessness and hopelessness of millions of unemployed Nigerian youth who have been scammed by the promise of change, Buhari’s outstanding supervision of shocking tales of corruption under his nose, the entrenchment of a perverse and bigoted system of political appointments, the total disregard of Buhari’s government for the constitution and the judicial system, and the monumental tragedy that has been the president’s misguided leadership, I have come to the conclusion that I need to purge myself of a guilty conscience. I therefore apologise to ordinary Nigerians for giving my support to the current regime. To those who say that the political, economic, and social pathologies that we are currently witnessing also happened during the previous regime, it is important to remind them that it was on the basis of the performance of President Jonathan’s government that Nigerians voted Buhari into power. President Buhari took an oath on May 29, 2015 to protect the lives and property of Nigerians. If the same maladies that happened under Jonathan, some of which he inherited from his predecessors, have not only continued to happen under Buhari, but seem to have been elevated to the supreme level of statecraft, no one should exonerate the president. It is a clear sign that he too has failed. As things currently stand, the sensibilities of Nigerians have been numbed by the daily carnage flashing on our TV screens. Apart from the indignity of being killed helplessly, more painful is that fact that we now count our dead in lump numbers than in the record of their names. Yet, in the midst of all these President Buhari has often chosen the path of stoic silence. When he chooses to speak, everything he says is not what you’d expect from the father and leader of a nation. Not only has Buhari failed to call the killers to order, his actions and inactions seem to send the signal to the slaughterers that they can go on lawlessly and systematically amusing themselves with innocent blood. If this is wrong, how come Buhari’s cold, slow and tardy handling of the brutal massacres by herdsmen is not the same with his swift reaction to other less serious security threats like Indigenous People of Biafra (IPOB) and Niger Delta Avengers? With a feudalistic and bigoted governance mentality still set in 1983, Buhari has come full circle with his tragic leadership aptitude, and would go down in history as one of the most uncompassionate ruler to bestride Nigeria’s political firmament. He has shown again

BUHARI HAS SHOWN AGAIN AND AGAIN THAT HE LACKS THE POLITICAL REFLEX NEEDED OF THE LEADER OF A HUGE MULTI-RELIGIOUS AND MULTI-ETHNIC COUNTRY IN THE 21ST CENTURY

and again that he lacks the political reflex needed of the leader of a huge multi-religious and multi-ethnic country in the 21st century. He has carried on with his derisive style of leadership totally impervious to the cries of those he is expected to govern. Since becoming President, Buhari has refused to visit Nigeria’s many trouble spots. He has spent more time travelling and visiting other countries than he has visited the states of his own country. When tragedies happen, state governors come to the Presidential Villa to brief the president, when he should ordinarily go to visit the bereaved and commiserate with them. A man who exemplifies and incarnates this insensitive attitude is simply not fit to lead to be called a leader. At a time when we thought that the spate of corruption would abate under Buhari’s watch, it is sad to say that he now presides over a monumentally corrupt agency: The Federal Government of Nigeria, with many shocking tales of graft happening right under his nose. His unusual fondness for drag and delay in the face of serious national issues that need urgent attention is not just an affliction that bedevils his leadership, but also the blight that has infected all those he has surrounded himself with. This attitude is clearly reflected in the recent laughable documentary that claims to portray Buhari’s “human� side (as though he wasn’t a human being). The fact that the president’s media team lost sight of the fact that such a documentary should show us the Buhari’s “humane� rather than his “human� side shows the monumental tragedy that has afflicted us in the aptitude of the men that make up Buhari’s inner circle: a clear lack of seminal thinking and rigour, a distaste for careful planning, and intellectual laziness. That is why board appointments would be delayed for nearly three years only to be released with names of dead people making the roll. When Olusegun Adeniyi published his book on the 2015 presidential election, Against the Run of Play: How an Incumbent President was Defeated in Nigeria (2017), in the postscript he warned President Buhari against repeating the same mistakes of the Jonathan era. Buhari has totally ignored that advice (if he ever read the book). However, I have chosen not to resign myself to fatalism and indifference. I will continue to protest against Buhari’s determination to convert Nigeria into a global mortuary. I do this for the sake of our children, because I do not want our present to become their future. But for the man who has shown himself impervious to the lessons of Nigeria’s troubled history, let me recall this wise counsel, which was the message beneath a photograph of coffins that a friend posted on Facebook, in memory of the victims of the Benue massacre: “President Muhammadu Buhari, behold the result of your leadership. I hope it helps you sleep well tonight.� Ojeifo is a Catholic priest of the Archdiocese of Abuja

LAGOS ACCORDING TO AMBODE The Lagos State Governor deserves a second term, writes Abdul-Hakeem Abdul-Lateef

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rom time immemorial, great thinkers have made us to know that the “world always turns aside to let a man pass who knows where he is going.� This can be said to hold true for Governor Akinwunmi Ambode. Shortly after the seasoned accountant was sworn in as the fifth elected Governor of Lagos State, he was roundly pestered with criticisms, especially from those who doubted if his tenure would ever be signposted with landmark achievements. Whether fairly or unfairly, many had rushed to the assumption that he was one of those favoured but ill-prepared political godsons who find themselves in the corridors of power by the dint of luck, insinuating whether the amiable former Accountant General had what it required to sustain the frenetic tempo of governance the state has enjoyed since the return of democracy in 1999. Today, without any shred of doubt, Governor Ambode has proved all the naysayers wrong in many ways. Although the Epe-born leader is not a sporting star, his style and approach to governance in the last 31 months have shown that he indeed is a long distance runner. Like a marathon runner, the former accountant general always has his gaze fixed on the long-term picture when it comes to policy enunciation and delivery. Because he is never swayed by immediate gains, the governor has brought into governance a huge dose of meticulous planning and brilliant-cum rigorous execution of policies and projects – all aimed at delivering unbeatable services that can leave enduring impact on the lives of Lagosians. Despite being a reserved and unobtrusive person, it is an open secret that Ambode’s love for public service is tempered with a pragmatic approach geared towards meeting the needs of the citizens regardless of their class, ethnic or religious affiliations in an all-inclusive approach, being a man who believes that the main purpose of governance is the protection of lives and property of

the residents. In all of his monumental achievements in all the nooks and crannies of the state, which are like an open book for all to see, it is an incontrovertible fact that the governor’s over 27years’ experience in the state civil service have played a role in the way and manner he runs the affairs of a complex state. Even the opposition in the state has agreed that Governor Ambode has delivered on his inaugural promise to “make Lagos work for everyone� and lead an inclusive government. But there is a method to his achievements. Since he took the reins of government in May 2015, he has strategically embarked on periodic town-hall meetings, where he often hears the pains and challenges directly from the residents with a promise to alleviate their sufferings. And such promises are often instantly kept, most times immediately on the spot. Because he is well prepared for the job, the former accountant general seems to have seen light where other saw darkness; hope where his contemporaries have resigned to fate in this era of paucity of fund imposed by the recession. Since his development projects cut across all the nooks and crannies of Lagos, nobody has been able to paint the governor with brush of “governor of the elite and the business class.� As his administration cares for the rich in the state, people in the lower rung of the social ladder – who are in the majority – are not left behind. Undoubtedly, his first three months in office were very challenging coupled with massive traffic gridlock that took over the major roads in the state metropolis. Worried by the developments, he embarked on a tour of the trouble spots (traffic-prone areas) with a view to carrying out on-the- spot assessment and proffering a lasting solution to the problem. After assessing the problems, Governor Ambode came up with a blue print to ease transportation in the state. Hence, the idea of construction of inner-city roads across

the state, fly over bridges and pedestrians bridges where necessary to further ease transportation in the state emanated. All these have worked to the delight of Lagosians! That is why, in his first year in office alone, over 500 roads were rehabilitated and reconstructed with flyovers bridges and lay-bys. In what is touted as an innovation in governance, most of the roads were selected by the stakeholders of the communities who benefited from the road project. Few months later, 114 roads were also constructed across the 57 Local Government and Local Council Development Areas. The consequence is that, in the last two and half years, Lagosians have adjusted to the sweet ‘pains’ of having the dear state become a huge construction site with arrays of projects that are dictated by the public needs and yearnings. Even critics have admitted that the distribution of projects is not skewed in favour of any group or section; they are evenly distributed across the five division of Ikeja, Badagry, Ikorodu, Lagos, Epe and ultimately the three senatorial districts. In addition to the 500-road rehabilitation in the first phase, the governor has also earmarked 189 inner city roads in the second phase. Some of the completed roads include: Ago Palace Road, Capitol Road, Ajasa Command Road, Ejigbo-Ikotun Road, Okota Road, Isolo, Metal Box Road, Ogba, Daleko Road, Mushin Brown Street, Brown Street and network of roads in Alimosho and Epe. To address the traffic gridlock in the areas, the administration also constructed Fly-over Bridge in Ajah and Abule-Egba. The Berger pedestrian bridges and multiple lay-bys as well as slip roads were also constructed in response to the yearnings of the residents and to enable them to navigate the ever-busy bus stop and to put a stop to the recurrent loss of lives of people in attempt to cross the Lagos-Ibadan Expressway. Of course the icing on the cake in terms of social infrastructure is the “light-up� project, which the

government has also embarked upon. With the sustained light-up project embarked upon by this administration, residents now have a Lagos that is not only safe in terms of security but also in terms of moving and driving around at any point in time. Unknown to people outside the state, light-up Lagos is not about street light; it is also about connecting hitherto neglected communities one-by-one back to the national grid. All the roads constructed and rehabilitated by the administration were also connected to the light-up project. Aside the fact that many projects progressed steadily in the year and ongoing such as the world-class Oshodi Transport Interchange, Airport Road, Pen Cinema Flyover, 20 border town roads in Agbado Oke-Odo, Oworonshoki tourism hub project, waterways channelisation, among others, many projects were completed and launched. With the same gusto, Ambode is leaving his footprints with monumental achievements in the health sector. Besides inaugurating 20 Mobile Intensive Care Units ambulances and 26 Transport ambulances deployed across the various General Hospitals, Ambode also launched the first state-owned helipad for medical emergencies at the Lagos State University Teaching Hospital (LASUTH). This was followed with the recruitment of more paramedic staff and medical coordinators while the General Hospitals were upgraded with standby generator purchased for each of them. Similar giant strides are also being recorded in sectors such as security, safety, environment and administration of justice, to mention just a few. As Jonas Salk said, the only “reward for work well done is the opportunity to do more.� And if the reward for hard-work is more work, as management scholars have often posited, is it not in the overall interest of the state to allow Lagosians to enjoy four more years of Ambode’s Midas touch? Dr. Abdul-Lateef is Commissioner for Home Affairs in Lagos

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EDITORIAL TACKLING THE PROSTITUTION RING All the relevant stakeholders must join hands to contain the scandal

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he biggest revelation from the immigrant crisis facing our country today with many of our stranded nationals being brought back home from Libya is that prostitution is a big industry in Nigeria. But it is not only outside the shores that these women and girls ply their trade, they do it virtually everywhere in our country: at street corners; behind residential homes; inside their school hostels, in front of highbrow hotels, bars, shops, restaurants and other public places. The questions are: How did we get to this sorry state? How come that every evening, especially on weekends, young girls who ought to be in their respective parents’ homes or at school are parading the major streets of Abuja, Lagos, Port Harcourt, Enugu, Ibadan and other cities hawking their half-naked bodies to any willing buyer? Why has sex become the fad among many students of our institutions of higher learning? Where lies the future of these young ladies and what can the society do to protect their dignity? The worrisome SINCE POVERTY AND aspect is organised UNEMPLOYMENT ARE sex-trafďŹ cking, even THE MAJOR CAUSES within the country. OF PROSTITUTION, These days, a lot of GOVERNMENT, AT ALL young girls are being LEVELS, SHOULD STOP trafďŹ cked from one PAYING LIP SERVICE state of the federation TO THE CHALLENGE OF to the other just UNEMPLOYMENT for sex. A recent research carried out by Sympathy Worldwide Foundation, a nongovernmental organisation ďŹ ghting sex slavery and child trafďŹ cking, revealed that several young girls were being trafďŹ cked from the hinterland to Lagos. But as the promises of their do-gooders become no more than a mirage, the girls take to the streets to use the same means to help themselves. Outside Nigeria, the situation is even more lamentable. The various reports indicate that the largest group of prostitutes from sub-Saharan Africa

Letters to the Editor

is from Nigeria. According to a recent United States Department of State report, majority of the minors engaged in full time prostitution in most countries in Europe are either from Albania or Nigeria. There are rough estimates that four out of every prostitute seen on any Italian street are Nigerians. Something deďŹ nitely has to be done about this unsavoury situation that destroys not only our image as a nation but the future of many of our citizens.

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

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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 ˜ ˜

˜ DIVISIONAL DIRECTORS ˜ DEPUTY DIVISIONAL DIRECTOR

SNR. ASSOCIATE DIRECTOR ASSOCIATE DIRECTORS ˜ CONTROLLERS ˜ ˜

DIRECTOR, PRINTING PRODUCTION

part from Italy, Nigerian prostitutes have successfully invaded Spain, Germany, Belgium, Austria, United Kingdom, Norway, Netherlands and other countries. Majority of these prostitutes are recruited through the human trafďŹ cking industry. Most of the victims of this trafďŹ cking are unsuspecting young girls who are enticed with promises of good jobs only to be coerced into prostitution once they are ferried abroad. But to the extent that it is a racket involving criminal cartels, it is important for all relevant stakeholders to work together in combating the challenge. We therefore call on government at all levels, anti-prostitution NGOs, parents, churches, mosques, the police and all relevant stakeholders to take concrete steps in curbing the menace of prostitution. The relevant authorities should also intensify their spirited campaigns against prostitution. Meanwhile, since poverty and unemployment are the major causes of prostitution, government, at all levels, should stop paying lip service to the challenge of unemployment which has forced many into the illicit trade in Nigeria. Finally, the family institution needs to be re-invigorated. If parents were at home performing their parental responsibilities, their daughters would probably not have taken to the streets in shameless prostitution. Nigeria possesses an enviable rich cultural and religious heritage which includes living a chaste life and respect for the body and soul. That is why all should join hands in tackling the menace of prostitution in our country.

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SHOULD WE APOLOGISE TO PRESIDENT JONATHAN?

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n April 2014, two bombs exploded at a crowded bus station in Nyanya, Abuja and the next day, due to the desperation of the then President Jonathan to seek reelection, he proceeded to Kano State for a Peoples Democratic Party rally. This got Nigerians angry and the whole media space was full of criticisms at his ‘insensitive’ action. When the Buni Yadi school boys in Yobe State were kidnapped by the deadly Boko Haram, the president was believed not to have done much. Nigerians and the rest of the world didn’t show him any mercy. During the Nigeria Immigration Service recruitment under the supervision of the then Interior Minister, Comrade Abba Moro, where there was an unfortunate stampede that took the lives of some young Nigerians while many got injured, our youths didn’t spare Jonathan in the attack. When the then governor of Central Bank of Nigeria, Alhaji Lamido Sanusi Lamido came out to expose the “missing� $20 billion, we didn’t spare the president also. Many of us did everything we could to make sure he didn’t get re-elected in 2015. Even though we still strongly think we made a great choice in sending the “fantastically corrupt� government out and by voting in ‘change’, it was not enough to stop the already rooted menace in our country by just ignoring some incidents. We want the man who promised to rescue this nation from the vultures at the All Progressives Congress primary elections where presidential candidate was to be chosen.

Mr President, do you remember the letter you wrote to APC delegates then? “What I will give you and this nation is all of my strength, commitment, sweat and toil in the service of the people. What I can give you is my all�, those were your words sir. Sincerely, we need your ‘all’ right now; we desire to see the man who will take full responsibility. Mr. President, what we are saying is that, if the Mainagate had happened during the time of Jonathan, we would have brought down the roof of his government for his actions and inactions. Heads would have rolled. Your negligence and silence over the corruption at PENCOM and the open disagreement between the Attorney General of the Federation and the Head of Service is alarming. Let us get it straight. If we decide not to talk about it now because we don’t want to wash our dirty linen in public, the opposition will wake us all up to these issues as the next general election approaches. Mr. President, please stand tall and act fast. “However when the chips are down, I prefer a Buhari who ‘kidnapped’ Umar Dikko from the United Kingdom to face charges of corruption at home than a Jonathan that pardoned Diepreye Alamieyesiegha, his late boss,’’ this was credited to General T.Y Danjuma (rtd). Things seem to have changed from the 1980s as the same man finds it difficult to prosecute the greatest scandal inside his presidency. It was to the surprise of all when the acclaimed “grass-cutter�

mocked the press and the intelligence of all Nigerians by saying “who is the presidency?“ The message was well received. Mr. President, when you were ill, I didn’t join others to criticise or condemn you because I know we are all human. For months, I joined other well-meaning Nigerians to pray for your quick recovery, we were sure that your coming back will plunge the looters and enemies of this country to prisons where they belong. To my surprise and I am sure to many too, you have given three tranches of bailout to states and as you said, it is to help them fathom ways to address workers unpaid salaries. Civil society organisations found out later that most of the state diverted funds meant to relieve the pain of civil servants caused by the insensitive state governments. Some even owe their staff up to eight months’ salary. It took years for many to believe in you; to erase unpleasant images of you presented by opposition over the years; reasons why many decided not to vote for you. I believe God gave you another chance to redeem yourself and contribute to the growth of this country. The ruling APC as a party leveraged on the weakness of the past government especially the negligence of Jonathan, but they should be reminded that the opposition are taking note today and will use all the available means to convince the electorate that you are not better. Oguntoye Opeyemi, oguntoyeopeyemij@yahoo.com

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FEATURES

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

The Educationist Solomon Elusoji tells the story of how the deeds of one man inspired an entire state

Orji...education-friendly senator

The scholarship recipients in a group photograph with Senator T. A. Orji

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But selected she was. She screamed, tears of joy streaming down her ebony cheeks. Quickly, she rushed down to the hospital where her mother had been admitted the previous day and broke the good news. The older woman’s faith doubted such a miracle was possible, but she soon accepted the magnificent reality and they both broke into songs. “This scholarship is a wonderful thing,” Nkume told this newspaper recently, as she waited to receive her scholarship cheque at an open compound in Umuahia, together with 59 other fellow fortunate students. “The senator does not know the hope and encouragement he is giving us.” Nkume’s miracle is similar to the account of the other students who spoke to THISDAY in Umuahia. Nwachukwu Chukwuemeka, a 200 level Computer Science student at Abia State University (ABSU), said the faltering economy had tightened his parents’ purses. The scholarship will go a long way in helping to “relieve the burden.” Williams Igwe, whose father told him about the scholarship, said his third year studying Economics at Michael Okpara, will definitely be a good one for him, with the help of the scholarship largesse. Ibelegbu Chizzy, a petite, fair-complexioned Biology Education student at Michael Okpara, said the first thing she was going to do with her scholarship money was pay her school fees. “In my 100 level, I saw hell,” she said. “It was not easy at all, and this is why the Senator has really tried.” She was in a lecture hall when she got the call that she had been selected to receive the Orji scholarship. “That news got me so excited about the future,” she said.

ne afternoon this January, Miriam Nkume, a 200 level Bio-Chemistry student of Michael Okpara University of Agriculture, sat in her parent’s living room, deep in thought. Her first year in the university had been plagued with a plethora of financial difficulties; she could have been prevented from writing her first semester examinations, after only being able to pay her school fees a day before her debut paper. “It was an emotional trauma,” she told THISDAY, “I wasn’t a happy person.” But she persevered and came out with good grades. “I want to make a mark in the field of Chemistry; even win the Nobel Prize someday.” But, that January afternoon, thoughts of greatness were far from Nkume’s mind. Her brain wandered, wondering where she was going to get money to pay for the upcoming session. “Honestly, my plan was to drop out of school, because there simply seemed to be no way.” Then, her phone rang. She pressed the green button, and like a blast of cold air, hope swept across her face. The universe had offered her a lifeline. Sometime in late 2017, Nkume had applied for the Senator T.A. Orji Scholarship Scheme. Every year, Orji, who is the Senator representing Abia Central, doles out a minimum of 60 scholarships to indigent and outstanding students within his constituency. “When I applied, I just did it for application,” Nkume said. “It did not cross my mind that I would be selected.”

I believe that if you give a man a fish, you feed him for a day, but if you teach him to fish, then you can feed him for a lifetime, There is no doubt that education is the bedrock of all human endeavours

Education as a philosophy Abia State, an entity created in 1991 by a Nigerian military government, has one of the most sophisticated educational cultures in the country. Virtually every year, the state comes first in West Africa’s premier examination for secondary school students, WAEC, a trend that can be traced to the governorship tenure of the now Senator Orji, who managed the state between 2007 and 2015 and instigated several educational reforms. Home to four universities, the state’s tertiary education sector is also vibrant. When he was elected Senator by his people, Orji promised to represent them as effectively as possible. In less than 24 months, he empowered over 1000 entrepreneurs within his constituency,

donating a stream of equipment, tools and machinery – power generating sets, sewing machines, fertilisers, many other items – encouraging the growth of Micro, Small and Medium scale businesses, the backbone of any economy. Among several other activities, he has also sponsored the construction of roads, built water wells and donated electricity transformers, facilitating development among his people. But Orji’s most credible achievement might be his scholarship scheme, which, in 2018, marked its third anniversary. “I believe that if you give a man a fish, you feed him for a day, but if you teach him to fish, then you can feed him for a lifetime,” Orji told THISDAY recently during a chat in his Umuahia office. “There is no doubt that education is the bedrock of all human endeavours.” The scholarship scheme, he said, is an extension of his absolute conviction that, through education, man can do God-like things. “Take for instance what the GSM has offered to the world,” Orji said, during a speech he gave at a ceremony celebrating the distinguished scholarship recipients this January. “Not too long ago, letter writing was a great art, the radio was a wonder and the TV, when it came to Nigeria the first time with Chief Awo’s WNBC in Western Nigeria, was a modern day miracle . . . beyond gadgetry, our health and aviation world have been greatly enhanced through education, some highly infectious and incurable diseases of the past are now curable, look at laser in medicine, using radar for surgery without wasting a drop of blood . . . all these are possible through science and technology through education . . . I will urge all my friends and every family to invest in education.” Orji is not ignorant of the power of his choices, how they have helped given hope to the more than 180 students who have so far benefited from the scholarship scheme. “People are seeing the impact of what we are doing,” he told THISDAY, “because every year the number of applications into the scheme keeps growing.” Still, he is not oblivious of the fact that more still needs to be done, with hundreds of students turned down every year. “I equally pray that you follow my example and give one scholarship today,” he told the crowd during the 2018 scholarship scheme ceremony. “Start at your level – a

primary school, an indigent boy or girl in the secondary school, just at your level. Do you know that education can turn a beggarly deaf and dumb into a genius? Join me, follow the examples, you may even surpass me, God willing.” The man in brief Orji’s obsession with education can be traced to his humble beginnings. Born in Amaokwe-Ugba, Ibeku in Umuahia North Local Government Area of Abia State on November 9, in the year 1950, his father Chief Tom Orji Ikoro was a man of great means by all measurable standards and ramifications. Being the only son of his mother and one whose father was a wellknown Warrant Chief that built the very first storey building in modern Umuahia (which is still standing till date), his parents ensured that he got the best education they could afford. He started his primary education at St. Michaels Catholic Primary School, Umuahia. From there, he proceeded to Santa Crux Secondary School, Olokoro in the present-day Umuahia South LGA, before moving to Holy Ghost College, Owerri. Orji then capped his educational pursuit with a Bachelor of Arts Degree in English, from the prestigious University of Ibadan, in 1977. Upon graduation from Nigeria’s premier University, the young Orji got enlisted for the National Youth Corps Scheme and was deployed to Sokoto State, where he was posted to teach at Government Secondary School, Shinkafi, Isa Local Government Area of present day Zamfara State. On the successful completion of the NYSC programme in 1978, Theodore Ahamefule Orji offered himself for public service and was employed as an Administrative Officer in the old Imo State Civil Service, on December 18, 1979. Subsequently, as an Administrative Officer, he served, in various capacities, in the Cabinet Office, Ministry of Lands and Survey, Ministry of Agriculture and Imo State Government House. Upon the creation of Abia State in August 1991, Orji returned to Umuahia to contribute to the cause of laying a strong foundation for the smooth take-off of the new state. He served, at various times, in the Government House, the Bureau of Budget and Planning, and the Ministry of Agriculture. On March 1, 1996, T.A. Orji was seconded

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FEATURES to the Abia State chapter of the National Electoral Commission of Nigeria (NECON), now Independent National Electoral Chapter (INEC), as Administrative Secretary, and was later redeployed to Enugu State in 1997, where he supervised the elections that ushered in the democratic government in that state, in 1999. Thereafter, he returned to Abia State to take up another assignment as Principal Secretary, Government House, Umuahia, and later Chief of Staff to the Executive Governor. In December, 2006, Orji decided to contest for his state’s governorship seat. He won, but he never forgot the pedestal that lifted him to such heights: a good education. Inspiring an entire state The Senator T.A. Orji Scholarship Scheme caters equally to each of the six Local Government Areas (LGA) in Abia Central – Umuahia North and South, Isiala Ngwa North and South, Ikwuano and Osisioma. From each of the LGAs, 10 students are chosen annually to benefit from the scheme; five students are chosen based on an indigent-based criteria, while the remaining five make the list on the basis of their superior academic performances. The Chairman of the Scholarship Committee, Engr. Emma Nwabuko, told THISDAY the selection process was very transparent. The Committee has representatives in each LGA who come together to verify the authenticity of the applications received. The applications are sent through a web portal, which can be accessed by any Abia Central indigene, regardless of their present location. Amadi Jesse, a 16-year-old Marketing student at the Port Harcourt Polytechnic, received a scholarship while studying in Rivers State. After the 60 names have been selected, they are forwarded to Orji, who then goes through to ensure that all the criteria – be a university student, be indigent or outstanding academically, not related to any of the Committee members – have been fulfilled. Then a public scholarship ceremony is held in honour of the students, before they are invited to Orji’s campaign office as a group, where they take photographs with the Senator and receive their scholarship cheques, a handsome sum of N100,000 each. The scheme’s model has been so successful that, during the 2017 edition, the present Governor of Abia, Dr. Okezie Ikpeazu, who was the Special Guest of Honour, vowed to adopt the members of the Orji Scholarship Scheme into the Abia State Scholarship Board, a move that could affect, positively, the academic success of thousands and spurn a new generation of scholars, professionals and technologists. “Now that His Excellency, Senator Orji, has done this, others are now trying to key in,� a member of the Orji Scholarship Board and former Commissioner of Works, Mr. Emeka Longman, told THISDAY. “I heard over the radio recently that the Senator representing Abia North is also

The scheme’s model has been so successful that, during the 2017 edition, the present Governor of Abia, Dr. Okezie Ikpeazu, who was the Special Guest of Honour, vowed to adopt the members of the Orji Scholarship Scheme into the Abia State Scholarship Board, a move that could affect, positively, the academic success of thousands and spurn a new generation of scholars, professionals and technologists

Miss Ibelegbu Chizzy (r) receiving her cheque

One of the students receiving his cheque

A cross section of some of the Scholarship Committee members during the cheque presentation ceremony

flagging off his own scholarship scheme, taking a cue from Senator Orji’s success. And you have to understand that the best empowerment anyone can think about is human capital development; it is the best investment any society can make. Plato once said you cannot build the city if you

do not first build the man.� He went on to describe the three year old scholarship scheme as “a phenomenal project. I cannot imagine anything like it. As the year rolls by, the reception, the appreciation keep increasing. And I want to thank God for giving us a representative

in the person of Senator T.A Orji." Still, Orji is open to improvement. “As humans, there may be one error or the other,� he said during his 2018 speech at the scholarship ceremony. “Don’t be satisfied at criticising from afar, reach out to us as your idea may improve the project.�

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IMAGES

Group Managing Director, Arco Group Plc, Mr. Alfred Okoigun(right) and President Muhammadu Buhari during a dinner meeting at the Presidential Villa, Abuja...recently

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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: Product Manager, Stanbic IBTC Bank, Aramide Odetunde; Head, Cash Management Product, Stanbic IBTC Bank, Ojinika Shote; Finance Supervisor, Maersk Shipping Nigeria, Lekan Olabode; Sector Head, Conglomerate & Industrial, Stanbic IBTC Bank, Bolatito Ajibode; and Relationship Manager, Transport & Logistics, Stanbic IBTC Bank, Adebola Seriki; at the oďŹƒcial commencement of teller implant operations at Maersk Shipping Nigeria in Lagos...recently

Wife of Abia state Governor, Nkechi Ikpeazu ( 4th left)led other Abians round some major streets of Umuahia to mark the Word Cycling Day...recently

Ogun State Governor, Senator Ibikunle Amosun (2nd right), Commissioner for Health, Dr. Babatunde Ipaye (left), Chairman, Nigeria Medical Association (NMA), Ogun State, Dr. Abayomi Olajide (right) and Mascot of the 4th National Games of the NMA, during the unveiling of the Mascot and lighting of the touch for the games, scheduled to start on February 21 in Abeokuta, held at the Governor’s OďŹƒce, Oke-Mosan..recently

R-L: Archbishop of Archdiocese of Aba, Rt Most Rev. Joseph Ogbonnaya Nnonah; Prelate, Methodist Church of Nigeria, Dr. Samuel C. Kanu Uche; and Secretary of Conference, Rt. Rev. Michael O. Akinwale, during the Induction and Investiture of Archdiocesan Lay President and Diocesan Lay Presidents of the church at Methodist Church of the Trinity Tinubu, Lagos...recently. KOLAWOLE ALLI

L-R; Members of the Organising Committee of the Armed Forces International Polo Tournament: Alhaji Dawule Baba; Chairman; Major General J.S. Bindawa; Vice Chairman, Brigadier General M. M. Yerima and Head, Corporate Communication, Mutual BeneďŹ ts Assurance Plc, Mrs. Ellen Oo,. presenting the Policy Document to the Organising Committee of the Armed Forces International Polo Tournament in Abuja,. recently

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

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Quick Takes Business Leaders Meet in Liberia The president of the African Development Bank, (AfDB), Dr. Akinwumi Adesina and the chairman of Coronation Capital, Mr. Aigboje Aig-Imoukhuede will join other eminent persons paneltoday in Monrovia Liberia for a high level panel discussion onmigration. The panel will be chaired and hosted by the President of Liberia, Ellen Johnson Sirleaf. Members of the panel are drawn from Africa, Asia, Europe, and North America. Participants at this HLPM meeting will include the UN Under-Secretary General and Executive Secretary of the ECA, Dr. Vera Songwe; Deputy Executive Secretary, Dr. Abdalla Hamdok; Adesina; former Minister of Foreign Affairs, Norway H.E. Knut Vollebaek; Aig-Imoukhuede; founder of the African Diaspora Network in the USA, Ms. Almaz Negash; Ms. Danisa E. Baloyi, Black Business Counsel, South Africa; and Assistant Director General and Regional Director for Africa, International Labour Organization, Ms. Cynthia Samuel-Olonjowon.

NIPCO Woos Marketers

SUCCOUR FOR ORPHANS

L-R: Head, CSR & Sustainability, Fidelity Bank Plc, Chris Nnakwe; Acting RBH, Apapa Region, Fidelity Bank Plc, Martin Ayodele; Founder/ CEO, Chosen Child Orphanage & Care Centre, Louisa Ayuba; Head, Corporate Banking Directorate, Fidelity Bank Plc, Obaro Odeghe and Branch Leader, Apapa Burma SBU, Fidelity Bank Plc, Ngozi Ofochebe during the oďŹƒcial adoption of the Home by the Apapa Region of Fidelity Bank Plc which held in Lagos...recently

NEITI: NNPC Illegally Withholding $16bn NLNG Dividends Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has yet to provide documentary evidence to show that the presidency actually authorised it to withhold and disburse funds paid to it as dividends by the Nigeria Liquefied Natural Gas (NLNG) Limited, the Nigeria Extractive Industries Transparency Initiative (NEITI) has said. NEITI stated in its 2015 oil and gas audit report released in December 2017 that the NNPC has not clarified with irrefutable evidence that proceeds amounting to $16,898,725,000,

ENERGY was allowed by the presidency to be kept by it and disbursed. It explained the accumulated monies were paid to the corporation over a period of 15 years, starting from 2000 and 2017. “NLNG paid a total of $1,076,011,598 to NNPC as loan repayments, interest, and dividend. The dividend that accrued to the Federation in 2015 was $1,043,764,965 representing 97 per cent of the total revenue stream from NLNG. While interest and principal repayment were $3,111,498 (0.29 per cent) and $29,135,135

(2.71 per cent) respectively. The total of payments from NLNG to NNPC from 2000 to 2015 was $16, 898, 725, 000,� said the NEITI report. NEITI noted that when its auditors requested to know the status of the funds and evidence of approval to withhold it, the NNPC said instruction from the presidency authorised its hold income from NLNG on trust and to administer same as directed by the government. “Instruction from the Presidency authorises NNPC to hold income from NLNG on trust and to administer same as directed by the government.

The Federal Government authorised NNPC to hold NLNG dividend for investments in other gas projects and any other disbursement therefrom is accordingly approved by the Federal Government (President). “All receipts in respect of the NLNG dividend by NNPC are being held in trust for the government and administered as directed by the government. The government and relevant agencies are periodically provided with updated reports showing full details of the funds and the bank accounts where they Continued on page 22

Diversion: NNPC Stops Petrol Allocation to Marketers Petrol now sells for N158 per litre at depots

Ejiofor Alike Obviously worried that the petrol it imports and allocates to marketers does not get to retail outlets and motorists at official price, the Nigerian National Petroleum Corporation (NNPC) has stopped allocating product to marketers and resorted to throughput arrangement with selected marketing firms to have affective control of supply and distribution, THISDAY has learnt. But despite the assurance by the corporation that it has sufficient petrol to serve the country, the inadequate supply

ENERGY of the product has forced the price to hit N158 per litre at the depots, against the official N133.28. Investigation revealed that contrary to the usual practice of allocating products to depot owners to sell to trucks, the NNPC has engaged more private depots on throughput arrangement to have direct control of sale and distribution of its imported products. THISDAY gathered that the idea to rent more private depots and sell directly to truck owners followed a breakdown of trust

between the NNPC and the depot owners. Marketers who spoke to THISDAY at the weekend stated that the corporation was worried that despite the massive importation of petrol which was allocated to the depot owners to sell, the impact was not felt in filling stations as queues have failed to disappear completely. “NNPC don’t trust the marketers any longer because it felt that it has been pushing enough products to the marketers but the impact is not felt. So, over 80 per cent of imported product is now on throughput. NNPC has engaged more private

depots on throughput so that it can have direct control of monitoring the trucks that load product. It now gives allocation to only the major marketers but the major marketers don’t sell to others except their filling stations. The product in other depots belongs to NNPC and they sell direct to trucks,� one of the marketers explained. A market survey conducted at the weekend showed that apart from the major marketers that have allocation from NNPC, most of the nine depots that had stock of petrol were Continued on page 22

Amidst the perennial fuel crisis in the country, NIPCO Plc has promised “market friendly rates� for all petroleum products from its depot in 2018. New Managing Director of the company, Sanjay Teotia, who said this in a New Year message to staff, also promised unfettered access to petroleum products, including Liquefied Petroleum Gas (LPG) also known as cooking gas to Nigerians from its facilities in Apapa, Lagos. Stating that his company would “remain a reference point as a market leader in products marketing, working for the benefits of our stakeholders,� Teotia declared; “Our depot will continue to be a major player in ensuring unfettered access to petroleum products at market friendly rates.� In the Liquefied Petroleum Gas (LPG) business, he said; “We would seize the opportunity of our present status as the outfit with the largest LPG storage facility in the country to enhance access to the product by promoting the consumption of LPG, otherwise referred to as cooking gas through flawless operations with a view to aligning with the federal government policy to revitalise domestic cooking gas use across the country.�

Axxela Expands Gas Supply Axxela Limited is set to expand its gas supply footprint across the West African region following its recent qualification as a shipper on the West African Gas Pipeline (WAGP). The appointment follows an extensive due diligence process conducted by the West African Gas Pipeline Company (WAPCo) and approvalby the West African Gas Pipeline Authority (WAGPA). Axxela’s new shipper status marks a significant milestone in the company’s decade-plus business development activities within the region. Axxela CEO, Bolaji Osunsanya said the development was a significant achievement in the vista of the company’s operations and speaks to its position as pioneers in the industry. “As WAGP shippers, we expectto monetize gas resources in the West African region, increase the throughput on the WAGP,and thereby reduce the applicable unit transportation tariff. Axxela is committed to providingcleaner and cost-effective fuel for power generation to spur industrial growth and economic empowerment across the sub-region,� he added. The WAGP is a 678 kilometres pipeline that connects the existing Escravos-Lagos Pipeline System (ELPS) from Itoki, Nigeria and extends along the West African coast, terminating in Takoradi, Ghana.

“We need to find a model that enables the marketers bring the products that marketers need and NNPC brings the products that NNPC needs, and that is the solution�

Minister of State for Petroleum Resources, Dr. Ibe Kachikwu

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BUSINESSWORLD NEITI: NNPC ILLEGALLY WITHHOLDING $16BN NLNG DIVIDENDS

NNPC Jettisons Long-term Crude Lifting Contracts Chineme Okafor in Abuja

are domiciled upon request,� the NEITI quoted NNPC to have said in the audit report. Making its recommendations however, NEITI stated: “NNPC needs to provide documentary evidence on the claim that the Presidency authorised NNPC to hold income from NLNG in trust and to administer same as directed by the government. The status and utilisation of funds from this account need to be disclosed by NNPC.� Previously, the NEITI had argued that the NNPC could not rely on claims that the presidency authorised it to withhold NLNG remittances because the monies belonged to the federation account from which the government’s seed investment in the NLNG came from. DIVERSION: NNPC STOPS PETROL ALLOCATION TO MARKETERS

engaged by the NNPC on throughput. The depots selling petrol at the weekend, include NIPCO Plc, which is given major marketer’s treatment by the NNPC; Folawiyo, Aiteo, MRS, Obat, Rahamaniya, Stallonire, Chidet and Wosbab. But despite the assurance by the NNPC that it has sufficient petrol to serve the country, THISDAY gathered that marketers that bought tickets directly from the NNPC in these depots were re-selling to others at ex-depot price of between N153 and N158 per litre, against the official price of N133.28 per litre. With these high ex-depot prices, most retail outlets that are not controlled by the major marketers sell above N145 per litre. THISDAY gathered that only the major marketers – Oando, MRS, Conoil, NIPCO, Mobil, Forte Oil and Total sell at N145 per litre because their depots receive direct petrol allocation from the NNPC at official ex-depot price and sell to only their filling stations. Investigation revealed that in other private depots that have throughput with NNPC, marketers that have NNPC tickets resell to others at exorbitant prices.

NEWS

Reported plans by Nigeria to move away from holding annual contracts for the lifting and sale of its crude oil grades, to longer term contracts have been sidestepped by the Nigerian National Petroleum Corporation (NNPC). The NNPC disclosed this last week in Abuja when it opened the bid documents submitted by 254 firms looking to be considered in Nigeria’s crude oil lifting contract for the periods 2018 to 2019. Nigeria, in January 2017 disclosed through the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu that it would replace the annual crude oil lifting contract with long-term contracts from which selected companies and traders would lift her crude oil for periods longer than one year. Kachikwu in a podcast posted on his Facebook page and titled: “Nigeria Petroleum Sector 2017 Outlook,� stated that he would move Nigeria away from the short-term annual lifting contract to longer-term practices, adding that his preference for a long-term crude oil lifting contract against the current short-term regime was based on the need to create some level of contract certainty in marketing Nigeria’s crude oil grades. He said then: “We are going to firm up long-term markets, we must stop the year-to-year crude terms contracts and

gas sales. We have to go to the long-term markets that is what everybody in the world is doing. “Nobody is letting their oil to circulate and be priced inappropriately in the international market. You have got to find who your term partners are, what do they want, how do you sign five, six, seven, 10 years contract and gravitate

away from the year-to-year contract that you see in this industry.� However, in his response to a question on why the corporation opted to continue with the short-term lifting contract after Kachikwu said it would move away from it, the Group Managing Director of the NNPC, Dr. Maikanti Baru, said its decision to continue with the short-term contract

was informed by market fundamentals. He said the corporation considers that new opportunities would continue to emerge at intervals which it would not want to shut out, adding that it would conduct another bid round for oil liftings in 2019 and 2020. Baru, said: “I think the nature of commodity trading is that

in some cases you even do it at shorter periods because of the share volume that is concerned. We continuously do refresh the bidders’ position or lifters position on yearly basis because we think that there are opportunities for other players that could come in and we don’t want to shut them down. For now we will do another term contract for 2019/2020.

AND THE WINNER IS ‌

L-R: Indonesia Ambassador to Nigeria, Harry Purwanto; L-R: Head, Propositions and Products, Sterling Bank Plc, Cosmas Uwaezuoke; Head, Consumer Protection Council, Lagos OďŹƒce, Susie Onwuka and Principal Administrative OďŹƒcer/Head of Monitoring Unit, Lagos Zonal OďŹƒce, National Lottery Regulatory Commission, Ita Calix, during the bank’s 1dament Promo draws held in Lagos‌recently

Lagos’Aje Oilfield Partners Resolve Legal Dispute Ejiofor Alike A Norwegian independent exploration and production company and one of the partners in Aje oilfield located in Oil Mining Lease (OML) 113, Panoro Energy, has stated that it has entered into a definitive and binding settlement agreement with the Aje joint venture partners, thus resolving the dispute between the Aje JV partners and Pan Petroleum Aje Limited (PPAL) in relation to drilling of new development wells. Panoro Energy had dragged the other partners to the London court, and had also filed a request for arbitration with the secretariat of the International Chamber of Commerce. Panoro, through its fully owned subsidiary, Pan Petro-

leum Aje Limited (PPAL), holds 6.502 per cent participation interest in OML 113. Folawiyo Aje Services Ltd (FASL), a wholly owned subsidiary of Yinka Folawiyo Petroleum, is the operator of the field, which commenced crude oil production on May 3, 2016 Other partners include: New Age Exploration Nigeria Limited, Pan Petroleum, Energy Equity Resources (EER) Nigeria Limited and PR Oil and Gas Nigeria Limited. The dispute between the partners followed the passing of resolutions in 2016 by the JV partners with respect to a proposed new well to be drilled and the related cash call to be paid by the partners. Panoro had opposed the idea of drilling new wells, saying it was premature.

In order to prevent the other partners from taking actions that could affect Panoro’s continued participation in the OML 113, the company dragged the JV partners to the Commercial Court Division of the High Court in London seeking an interim injunction in order to prevent the other joint venture partners from exercising any rights under the default provisions of the OML 113 JOA. But the company said in a recent updates that the dispute had been resolved. The highlights of the agreement include: that all JV partners have agreed to halt and withdraw all litigation and arbitration proceedings among t he partners; PPAL will not pay for any Aje-6 costs that have been incurred

by the JV, until such time the equipment and parts are to be used in any potential future well operations; substantial court costs already awarded to PPAL to be retained and any remaining balances credited in favour of PPAL; and PPAL’s US$ 1.5 million cash security deposit held with UK Courts Funds Office will be returned. Chief Executive Officer of Panoro, John Hamilton, said his company was very pleased to have reached this out-of-court settlement agreement. “In combination with the interim measures announced in November, this amicable and pragmatic approach finally resolves the longstanding dispute. We believe this outcome is a positive development for Panoro and our Aje JV Partners. With this issue behind us, our utmost

priority is now to realise the significant potential of the Turonian Gas Development,� he added. According to the company, the agreement is in full and final settlement of the claims made in the English and Nigerian litigation proceedings as well as in the arbitration proceedings that had been commenced during the dispute. The company noted that the Aje JV Partners will take all necessary and reasonable procedural steps promptly to terminate the Proceedings. The agreement also provides that where costs in respect of any of the proceedings have been ordered by a court to be paid to PPAL, to the extent that such costs have not yet been paid to PPAL, such costs will be credited to PPAL.

FG, Operators to Brainstorm on Oil Market Challenges Group Business Editor

Chineme Okafor in Abuja

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 federal government and operators in Nigeria’s oil and gas industry would be expected to leverage the upcoming Nigerian International Petroleum Summit (NIPS) to find solutions to current and future challenges of the industry, organisers of the maiden edition of conference have disclosed. In a statement to explain the level of work that has gone into setting up the conference which is scheduled to hold in February in Abuja, the Project Director, Mr. James Shindi, stated that the conference has garnered a lot of

interests from key stakeholders, adding that the government’s support for it has also being immense. Shindi, noted that with about 37 billion barrels of oil reserves and 192 trillion standard cubic feet of gas reserves, Nigeria still remains a major petroleum producing and exporting destination in the Gulf of Guinea, and that while a bulk of these endowments have not being developed, the conference would offer stakeholders a chance at looking into ways to make the most of it. He also explained that current and future challenges of the

industry would be discussed at the conference and potential solutions sourced to address them. “As part of the on-going reforms in the sector and as a contribution to the Nigerian and African oil and gas industry, the federal government took a formal position to stage an annual national resource event backed at the highest level and which will create the perfect platform for cross pollination of ideas, networking, business and local content development, government to business, business to business, government to government and other linkages

while promoting Nigeria as a business and tourism destination to the global energy community,� said Shindi. He noted that the government has extended invitations to member countries of the Organisation of Petroleum Exporting Countries (OPEC) and non-OPEC members, as well as national oil companies to attend the conference. “As Africa’s largest and most influential oil producer, Nigeria has continued to play a leading role in the global energy space and this event creates another outlet for Nigeria to lead the way in Africa’s response to the

various challenges facing the oil and gas industry. “From the government’s point of view, this event will enable them glean ideas and feedback from operators in the industry because the event is deliberately designed to be more than just another talk show. The aim is to discuss topical issues, offer recommendations which can be tracked so that in another 12 months when we gather again, it becomes easy to assess where we were back then, where we are at present and where we could likely be over short, medium and long term,� he added.

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Adjogbe: NDDC Has Achieved Some Basic Infrastructure Projects The Executive Director, Project of the Niger Delta Development Commission, Mr. Ajenakevwe Samuel Adjogbe, spoke to Ejiofor Alike on how the interventionist agency is working to develop the oil-rich region and earn the confidence of all stakeholders. Excerpts: You recently completed one year in office. What have been your experiences so far? The one year we have spent here was quite challenging; challenging in the sense that we came with a particular expectation but met a different situation. So, we have to resolve the issues that we met on board, issue like the perception about the Commission; issue of completing projects and the issue of reorganising the Commission. These are the issues we have been working on over the past one year.

region, we have about eight to ten months of rain and most construction works cannot be done during the rainy season. Roads that are constructed in the rainy season are usually poorly executed. So, we have just two to four months of dry season because we always have eight to 10 months of rainy season. Even in December, rain still falls in the Niger Delta region. It is a huge challenge balancing the funds with the environment and optimising our execution good weather window.

When you came on board, what did you meet on ground and what were the new ways you adopted to resolve these challenges? One of the things that we did when we came on board was to initiate the 4R Strategy. The 4R strategy talks about restructuring our balance sheet; reforming our governance system, restoring our core mandate and reaffirming our commitment to doing what is right and proper. There were a whole lot of projects that were on our balance sheet. We call some of them non-performing projects. They are nonperforming in the sense that contractors never moved to the sites. So, the non-performing projects make our balance sheet very high in terms of anticipated liabilities. We tried to reduce our balance sheet and that is one of the Rs. Reform is another. Reform is in terms of getting other stakeholders to help us to participate in the business of building the Niger Delta or developing Niger Delta. To restructure things – how should we be managing our projects? Should we continue in the same old ways and expect different results? The answer is No! We have to do things differently. So, one of the things we did in that area of restructuring was to reduce new projects that we shall bring on board and see how we can complete ongoing jobs. A project will only bring about benefits if and only if it is completed. If a road is connecting two communities –Point A and Point B, until you connect the two points, nobody will derive benefits from that road. If Point A to Point B is 10 kilometres, for instance, and you have only constructed 5 kilometers, it means that you have spent money on 5 kilometers of road without any benefit to the people. So, it was part of the restructuring that we are doing to complete on-going and new projects to derive their benefits. The fourth ‘R’ is to reaffirm to our stakeholders and ourselves too that we are here for real business. NDDC is an interventionist agent and we are going to operate as such. We will intervene where we need to intervene and we will not also go to areas we should not go into. These are some of the things that we have done to manage the challenges that we have met.

You inherited 8,557 projects worth N1.3 trillion and the sheer size of these projects means that supervision could be a challenge. The new board of the NDDC had promised to review these projects and address the balance sheet question. How far have you gone on this? A committee was set up by the management and I was the chairman of the committee. We looked at the portfolio of projects and set out criteria for filtration. We needed to filter jobs and classify them. Jobs that have zero performance since they were awarded were all identified. You awarded a project to someone since 2002 or 2005 and from that time till now, the person has not done anything. In the contract agreement the person signed with the commission, the contract is valid for a period of time, usually two years. What it means is that if after that period and you have not done anything, the contract is deemed to have expired and the project is no more. So, we compiled those contracts and we were able to remove 647 projects worth above N190 billion expected liability from the balance sheet. We recommended that those projects should be cancelled and the board approved our recommendation and cancelled them. Those projects are now out of the balance sheet and the next phase we are working on is that we also need to know the factors stalling any project that is between the range of 0.1 and 5 per cent performance. Some of the needs of some areas may have changed and some people come back to you with cost escalations. So, we look at it to know if it is something that we want to sustain. Is this project still the current need of the area that needed the project initially? Has anything changed? If the answer is yes, yes, then we have to do something differently. We have gotten our report on this and we have presented it to the management. In our next board meeting, we will also present it for debate and necessary consideration for action. Some of these people got Advance Payment Guarantees (APG) and the contractors refused to go to site. So, if you don’t go to site, the contract has expired on its own. By default, there is no business between you and NDDC. We are looking at all of these and also working out plans to recover our APG.

NDDC was set up to fast-track the development of the Niger Delta. What would you say the Commission has achieved in its 16 years of existence? The achievements are in different forms. We have achieved some basic infrastructural development. For instance, the Ogbia-Nembe Road that connects Rivers State and Bayelsa State is a great achievement in the Niger Delta region. The Olero Creek is a real interior creek in a mangrove swamp forest but recently, we were able to commission a network of roads – up to seven kilometres in that area. These are places that people never expected to see roads in their lives. Some people had lived in those areas and died without seeing tarred or concrete roads. If you go to Ibeno, for instance, there is over 600-metre long bridge that was constructed to connect to the area where Mobil Producing Nigeria currently

Adjogbe

operates in Eket, AkwaIbom State. So, these are some of the things that we have done. Aside that, we have also done human capital development in terms of scholarships, mainly foreign scholarships, so that we can bring up people who can compete favourably anywhere in the world from the Niger Delta region. We have also participated in training people in agricultural areas – new skills on agricultural activities have been carried out through the Directorate of Agriculture and Fisheries. Also, we have the Commercial and industrial Development (CID) Directorate. This is also a directorate that helps in impacting skills. Currently, we advertised, sourcing for Niger Deltans for different skills set – tailoring; welding and

Some of these people got Advance Payment Guarantees (APG) and the contractors refused to go to site. So, if you don’t go to site, the contract has expired on its own. By default, there is no business between you and NDDC. We are looking at all of these and also working out plans to recover our APG

fabrication, solar system installation, catering and many others. These are some of the things that we have been doing successively overtime since the inception of this commission. The NDDC only will not be able to develop the Niger Delta region. We will support where we have enough funds to support. You know that in all the businesses that we think of, funding is critical. When we don’t have fund, we can’t do much. But again, we have done the much that we can do within the available fund that is being appropriated or gotten from the IOCs that contribute to this commission from inception to this time. You have talked about the challenge you encountered in developing Olero Creek. Generally, the Niger Delta has a difficult terrain. How does this impact NDDC’s ability to deliver infrastructure projects like roads, across the region? Niger Delta region is made up of two formations – the Agbada formation and Benin formation. The Agbada formation constitutes the part we call the Mangrove forest, while the Benin formation is Imo and Edo States, as well as the upland part of Ondo State. The job we execute in the Mangrove area is more costly because the terrain is really rough. It is a tough terrain to operate in terms of the configuration. Now, it is far more costly to construct one kilometre of road in the Mangrove than in other parts of the region. So, the cost of executing projects in some parts of this region is very high. For instance, one kilometre of road in Escravos will cost double the amount you will use to construct one kilometer of road in Benin City. So, that is a major challenge. When we are doing our budgeting, we look at specific areas – you are not going to see in the budget that one kilometre road or two kilometers of road or five kilometers of road have the same cost across board. It can’t be because it is area-specific. So, it is a huge challenge and that impacts our funding and execution. Apart from that, across the Niger Delta

Before you came on board, there were cries in the Niger Delta about uncompleted or abandoned projects by the NDDC. What is the current situation with NDDC jobs? The issue of abandoned projects may not be entirely correct. Let us understand the concept of abandonment when it comes to projects. We say that a project is abandoned if the contractor and the client, which is the NDDC, agree that we are not going to continue with the project. Now, if that is not the case, we won’t call it an abandoned project. We will say it is a non-performing project and we will determine what is causing this non-performance. If you are not paying the contractor, the contractor will not continue to invest in that project. So, we have funding challenge to start with and we are looking at Continued on page 24

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ADJOGBE: NDDC HAS ACHIEVED SOME BASIC INFRASTRUCTURE PROJECTS all the issues relating to the non-performance. Most of these projects are usually as a result of non-payment by NDDC. That is why we have tried to appeal to the Federal Government to give us the money they owe NDDC. When the federal government pays us, we will be able to mobilise these contractors to go back to their sites. You should remember that when the then Acting President, Professor YemiOsinbajo made a pronouncement that contractors that have left their jobs unattended to will be prosecuted if it is as a result of their own faults, some of these contractors went back to site. We recorded between 60 and 80 contractors that went back to site. A typical one was in Ughelli, Delta State – the contractor went back to site but if we don’t have money to pay those contractors, it becomes a challenge. So, some of those non-performing jobs were caused by financial suffocation and lack of funding. We have a whole lot of Interim Payment Certificates (IPCs) right now that we don’t seem to have money to pay for. So, it is a funding challenge. Do you have enough competencies within NDDC to monitor and supervise the jobs awarded by the commission? I mean, what is the correct project – engineer ratio? I will say yes that we have sufficient capacity. Apart from our own employees; we have consultants that are either resident consultants and some are not resident consultants. So, on a ratio of manpower to projects, we have between 1:30 to 1: 40. But we are trying to see how we can do better – doing better in the sense that, like I said before, we are trying to reduce new projects that are coming on stream and manage the ongoing ones, so that we can finish them up because it does not make any sense to say that ‘okay, we are a new board; so, we need to start our projects’. How about those projects, which are ongoing? In this 2017 budget, for instance, our proposal was in the ratio of 70:30, that is, 70 per cent of the budget being for ongoing projects and 30 per cent for new projects. That is fair enough and in that way, we will have more appropriation to continue to fund ongoing projects and complete them and we just do fewer new ones. With time, this ratio will also come down and we will be looking at, may be, one engineer to 20 projects. That will be a good thing to achieve. People have raised concerns that the quality of NDDC jobs. What is the true situation? NDDC jobs are executed to the best standards you can think of in the world. We have Project Management Department (PMD) and this department is the custodian of our standards and specifications. We are trying to introduce something, which is work-in-progress currently. It is called ITP – Inspection, Test and Plan. This plan will help us to remotely monitor our projects. For instance, part of the elements of this ITP is inspect, witness, hold and so on. There are about six elements. What it means is that if you are doing a road construction, once you have completed excavation, you have to hold on at that point for somebody to come and certify that you have removed all unsuitable soil before you can start filling. Once you have reached the level for your filling, you will also have to hold on there for somebody to come and pass you for you to apply for the next stage of material, usually stone-base items. When you are laying your asphalt, it has to be a witness point. Witness point is one of the elements, and this means that someone has to be on site with you, watching how you are laying the asphalt because asphalt laying is something you may not be able to know if they have covered something underneath. So, somebody must be there to ensure that what you are doing is in order. These are some of the things we are going to do and implement them as we move forward. What it means is that for every project, we are going to identify those hold points; we are going to identify those witness points and we are going to identify the inspection points and they will be tied to milestones. If you do not observe them, certificate will not be issued to you. It will be clear from the first day and that is what we do in the oil and gas industry. We operate in the same environment but you see jobs in the oil and gas industry coming out

Adjogbe

very well. It is the same thing. ITP is one of the things this NDDC Board and Management are trying to introduce into the payment management system. The PMD is working on it currently and we are going to finalise it and attach it as part of the addenda to our contracts. It is going to be project-specific and not going to be generic so that you know that these are your hold points; these are your witness points and these are your inspection points and so on. Through that way, we will be able to manage and improve our quality at the end of the day. If somebody is laying tiles in a building project for instance; if he has done his skidding and nobody is there, nobody will know whether it is ordinary sand that he has put there without cement. When you step on the tiles, it starts making noise underneath because there is void there. What you perceive as mixture of sand and cement is just sand with cement spread on it. With time, sand will separate from the cement and you will see the tiles breaking because somebody did not witness that activity. So, that is the only way the craftsman will be able to bypass the actual thing to be done

The issue of corruption is more a perception but then I believe that when it is established, culprits are prosecuted accordingly. We have different agencies of government handling corruption-related issues. I don’t believe that it is tied to a particular place. It is something that is monitoring the whole country, irrespective of what arm of government

and he just does anything. So, what you see as a finishing product are just tiles laid on top of sand; not mixture of cement and sand. These are some of the things we are trying to prevent. So, since the contractor knows that certificate will be issued after that point, he is going to call the client to come and witness it so that he can move on to the next stage without hindrance. That is it. Officials of AkwaIbom State Government, for instance have alleged that NDDC execute projects without consultation. Does the commission just move into a state to execute project without due engagement with the state authorities? The case of Akwa Ibom State is not true. What we do is that we engage the stakeholders through our Community and Rural Development (CRD) group. CRD is an aspect of Policy, Government and Public Affairs (PGPA) in some other organisations. So, we engage our stakeholders. At the onset, they participate in the selection of the projects. For instance, what we did in the 2017 budget efforts was to activate all the state representatives. A memo was sent to the chairman of the budget preparation committee in each state. Even in Akwa Ibom State, the government participated in one of the meetings championed by the state representative. So, they made input and once these inputs are collated at the centre, what we do is to trim down. We identify projects and classify them, depending on the priority that we attach to each of them. Once sent to the National Assembly, it comes out is an Appropriation Bill. It is not something someone can sit down in his bedroom and say that this is the budget and this is what we are working on. It is a legal document that comes back at the end of the day. I don’t know whether it is when we go to the site that we should do another engagement. No! We do the engagement even at the project conceptualisation stage at the onset and everybody is part of the process going up. The site work is just the continuation of the process. That is what we do and anybody saying something contrary to this is not fair to us. Sometimes, people cook up certain things, may be, for political reasons. So, let us be aware of that as well. Another major criticism of the commission is that most of its projects are stand-alone projects, instead of projects that have regional

impacts. What is your reaction to this? When you look at a masquerade, someone looking at it from a particular point can say that it is a circular object. Another person looking at it from a different angle will say that it is a square. So, it depends on how you are looking at it that will make you conclude that this project is stand-alone or that it is a regional project. For instance, the Ogbia –Nembe Road, I just mentioned; that is a regional project because it is connecting two states and many LGAs. Now, there is a road in Otuaseigha in Bayelsa State. You drive into this road through Yenagoa but when you get to certain point, it will look as if you are in a close and you have to return back into Yenagoa for you to come out. It is part of my pains here; we have put it in the 2017 budget so that we can connect it to the East-West Road because people do lumbering and farming in that area. What it means is that when you go to transport your timbers, you must carry them and go back again, all the way through Yenagoa. But for the people to really get true benefits is for you to connect the road to the East-West Road. Even though it is still within the same state, it is a regional thing because it will have ripple economic effects. Other people will say, okay, since this road can connect like this, let us also go and do business. Other lorry drivers from Port Harcourt will go there. So, it is a business opportunity for them. So, what I really see as regional projects are projects that will promote economic activities in the region. It doesn’t matter the location. For example, in Delta State, there is another project we are trying to execute as our pride- the Omadino - Okerenkonko-Escravos project. It is about 65 kilometres of road on the swamp of Niger Delta. The project is not connecting any two states but when it is executed, it will have regional benefits that will make it not to look like stand-alone project but a regional project. The National Maritime University in Okerenkonko – I don’t believe that you will send your children to that university if there is no road connecting the university. You won’t like your children going on speed boat all the time and there is no airport at Okerenkoko. You need a road to go to that place. All the waterfronts there - people will go there and build jetty when the road is completed. So, business will start and you can also go there to start your own business. These are the things that will activate regional economy, and not localised. Let me come back to your question. Standalone projects are equally good, while big projects are equally good. What is important is how these projects impact the area or region. That is what we should address. Is the project truly useful to the people of the region? If the answer is yes, then we do the project. NDDC was perceived to be corrupt before the inception of this administration. What measures have you put in place to eliminate corruption? The issue of corruption is more a perception but then I believe that when it is established, culprits are prosecuted accordingly. We have different agencies of government handling corruption-related issues. I don’t believe that it is tied to a particular place. It is something that is monitoring the whole country, irrespective of what arm of government. But we have an obligation to reform things here. So, any area where we feel that things are not properly done, we implement our reforms. That way, we will be able to continuously improve the system so that when we do things right and meet the expectations of the people of the region, perception will change. We don’t want people to force the stakeholders to have confidence in us; rather we want to earn the confidence of our stakeholders – government, the international oil companies that contribute three per cent of their annual budgets to this commission and even the people we are serving across the region. We need to earn their confidence so that they can say yes, NDDC is now a born again commission and that we can now see the light of dove coming.

A

WEEKLY PULL-OUT

FULANI HERDSMEN: WHEN SILENCE IS NOT GOLDEN

16.01.2018

Fulani Herder

2/DASHBOARD

16.01.2018

When Limitation Period Begins to Run in Action Requiring Leave of Court PAGE 4

Lawyers Without Borders Commends FG On the AntiTorture Act 2017 PAGE 5

Late Justice Aromeh Benson Akogu Laid to Rest in Kogi State PAGE 5

Court Stops Nigeria Army’s Attempt to Stop Officer’s Suit Challenging Unjust Dismissal PAGE 5

QUOTABLES ‘The United States of America has classified Fulani Herdsmen as the 4th most dangerous and deadliest terrorist organisation in the World.’ – Hon. Dickson Tarkhighin, APC Member, House of Representatives, Makurdi/Guma Constituency, Benue State

‘There is a significant resistance to modernity....there is this sense of entitlement that is not in sync with the democracy that we are practicing, almost like an over spoiled child, that you want everything done for you.... Cattle rearing is a business in agriculture. It is in the same bracket with poultry, piggery, even crop farming itself.... Ranching is the answer....The Governor is going to acquire the land of the Benue people, to be able to please these people who say it is either they keep grazing on peoples’ farms or they cause mayhem!’ – George Ekeh, Legal Practitioner, Lagos

Group Seeks UN Intervention on FG’s Continuous Detention of Shite Leader PAGE 6

‘A Lawyer Must Study Hard and Avoid Cutting Corners’ PAGE 6

COLUMNIST MICHAEL JONATHAN NUMA The word“Canvass”in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

Of a Renewed Justice Sector, Law, Order and the Rule of Law PAGE 7

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

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As Buhari Drowns in Nepotism...

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Nepotism et al he word ‘Nepotism’ originated from the Latin word “Nepos”, which means Nephew. It is said that nepotism originated from the days of old, when Catholic Popes and Bishops (who had no children of their own), were said to have appointed their nephews to important positions in the Church like the Cardinalate. For example, Pope Callixtus made 2 of his nephews Cardinals, and one of them Rodrigo, later became Pope Alexander VI. Nepotism, cronyism, favouritism, partiality, ‘old boy network’, have therefore been in existence almost from time immemorial! It is certainly not a new phenomenon, nor is it peculiar to Nigeria alone. Nepotism is defined as “the practice among those with power or influence of favouring relatives or friends, especially giving them jobs”. The Business Dictionary defines Nepotism as the “Practice of appointing relatives and friends in one’s organisation to positions for which outsiders might be qualified”. While Nepotism refers to partiality to a family, ‘Cronyism’ refers to partiality to an associate or friend and “Favouritism’ which is a broader term, to “partiality based on being part of a favoured group rather than job performance”. In China, Nepotism has existed for over 3,000 years and survived into modern times. Last year the President of Azerbaijan appointed his wife as his Vice President. Former President Mugabe’s attempt to foist his wife on Zimbabweans as his Successor, led to his downfall. France, Belgium, and even the United States of America, are not spared from this evil. In 2017, President Trump appointed Jared Kushner, his son-in-law as a Senior Adviser, while announcing that his daughter, Ivanka Trump, would become an official White House Employee. Nepotism has also been defined as “corruption” in itself, and therefore, if we are to use this definition, we cannot but conclude that the Government of Nigeria is corrupt, because of the high level of partiality that obtains. I do not need to mention that some of the drawbacks of Nepotism or whatever branch of it obtains in Nigeria, leads to less than mediocrity and failure, because merit, brilliance, capability and so on, are sacrificed for it. The Nigerian Context Going by the above definitions, what we are experiencing in Nigeria, is mostly a combination of Cronyism, Favouritism, and Tribalism, which are sub-divisions or offshoots of Nepotism! The recent announcement of Ahmed Abubakar as the new Director General of NIA, struck me like a bolt of lightening. Not just because Babachir Lawal, the sacked Secretary to Government was replaced by his Townsman Boss Mustapha, while Ayodele Oke, a Yoruba man, was replaced by a Northerner (Katsina, we are told), but because practically all the heads of the security/law enforcement agencies in Nigeria worth any salt, are from the Northern part of the country – The AGF, IG, Chief of Army Staff, Chief of Air Staff, NSA, DG DSS or is it SSS, Acting Chairman EFCC, Controller General of Prisons and Controller General of Customs, and now DG, NIA. This Government seems to have thrown caution completely to the wind, and crossed all the limits. Maybe one would not even care as much or find it all so distasteful and unfair, if these agencies were actually delivering on their mandates. Alas! The state of security in the country, seems to be on the decline. It seems that the progress that was made in the fight against Boko Haram and kidnapping, is now being offset by the multiplication of the Fulani Herdsmen Brouhaha. Section 42(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in

2010)(the Constitution), specifically provides against according people of a particular ethnic group or particular place of origin etc any privilege or advantage that is not accorded to other Nigerians, while Section 14(3) provides that Federal Character must be reflected in the composition of the Government of the Federation and any of its agencies because of “....the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or any of its agencies”. “Au contraire”! It seems that this APC Government on the other hand, seems to be hell bent on promoting national disunity, national disharmony, and other negative feelings, amongst most Nigerians. I say this because of the blatant lopsidedness of many of the Government appointments. This is the Federal Government of Nigeria of the Federal Republic of Nigeria, and not the former Northern Region of Nigeria. The irony is that, people say that the North does not want devolution of powers. It seems to me that with the way these appointments are going, the North actually wants devolution of powers the most, not just in the way that the Southerners want it! Just using these unfair appointments as an example, it shows the attempt of the North to devolve power on to itself and control the resources of Nigeria to the exclusion of all others, lauding it over the other parts of Nigeria without mind or care of how we feel (A story for another day). Should the Senate continue to give confirmation, when called upon to do so, to lopsided appointments, when this is clearly unconstitutional and inimical to the interests of their constituents? I think not. It is sad and almost comical, when Southerners are then used as Government spokespeople/ mouthpieces, and they come and spout nonsense to Nigerians, saying that there is nothing like tribalism in the country. As if Nigerians are too daft or too blind, to see and take stock of appointments and count! E o le pe aja lobo fun wa o (You can’t call a dog a monkey to us). Even Section 14(4) of the Constitution provides against having a replica of this national tribalism within the States, that is for example, say within Cross River State

appointing only Efik people within the State Government and leaving others from Northern Cross River etc out, or appointing only people from Ibadan into Oyo State Government, leaving out those from Ogbomosho and other areas. Is the Federal Character Commission provided for in the Third Schedule to the Constitution, which has the constitutional mandate to ensure that appointments are not lopsided, still in operation? I don’t think so. Nigerian Law School Too No one who has attended the Law School in the past 30 years (including the Attorney- General of the Federation), could have done so without passing through the capable hands Miss Toun Oni, later Mrs Toun Adebiyi. She taught different subjects, starting from Land Law to the Bar Part 1 students, fondly referred to as ‘Expatriates’, Insurance and Taxation Law as part of General Paper to Criminal to Insurance to Taxation to Corporate. In my time (1990-1991), she taught us Criminal. Next in terms of hierarchy to the outgoing Director General (DG) of Law School, Mr Lanre Onadeko, SAN, Mrs Adebiyi, Deputy Director General (DDG) and Head of Lagos Campus of Law School, is the highest ranking staff, and a brilliant one at that, who has spent more or less her whole career at the Law School. So how is it that Professor Isa Chiroma, who took a sabbatical from University of Maiduguri to become Law School’s one-time one five-year term Head of Yola Campus (2010-2015), a non-member of Staff of the Council of Legal Education, is being appointed as DG of the Law School to supersede Mrs Adebiyi and replace Mr Onadeko? The answer? With the spate of appointments that are being made, no one needs to be ‘Einstein’ to figure it out! Possibly because Mrs Adebiyi is a woman from Ekiti State and Prof Chiroma is Fulani man from Adamawa State, the same State of Origin as the Attorney-General of the Federation and the First Lady of Nigeria! Yes, it has become that bad, and Nigeria has sunk to an all time low in levels of pettiness. The normal practice, is that the highest ranking person becomes DG. The Council of Legal Education (CLE) also interviews

ONIKEPO BRAITHWAITE

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

“GOING BY THE ABOVE DEFINITIONS, WHAT WE ARE EXPERIENCING IN NIGERIA, IS MOSTLY A COMBINATION OF CRONYISM, FAVOURITISM AND TRIBALISM, WHICH ARE SUB-DIVISIONS OR OFFSHOOTS OF NEPOTISM!”

candidates, who are mainly selected from the DDGs for the position of DG. The person selected, is then recommended to the President through the Attorney-General of the Federation. In selecting Prof Chiroma whose term as a Head of Campus seems to have expired in 2015, the CLE was said not to have followed due process, and did not conduct any interviews of candidates, before the announcement was made that Professor Isa Chiroma had been recommended for the position of DG. Recommended by whom? How? The Press Release did not say. Every Vote Counts People, its time for us to stop complaining, and take our own lives, destinies and our children’s future, into our hands. When Nigerians were tired of the Jonathan Administration, of their massive theft and looting, Jonathan was simply voted out! Every vote counts. We, the electorate, need to take our power as the electorate more seriously. It simply is no use crying over spilt milk. When it is time to register to vote, register. INEC at a time claimed that they were doing a continuous voter registration exercise. I have moved house since the last election, but to date, I have been unable to register, as there is no voter registration exercise going on in my neighbourhood, nor has there been since June last year. If there are designated locations for voter registration, INEC should please, inform the Public. Furthermore, we need to stop accepting rice, vegetable oil (ororo) and N5,000, as inducement to vote for candidates, especially when it is obvious that those candidates are corrupt, selfish and self centred, only lying to win votes, with absolutely no agenda to better the lot of the people, while lacking the requisite intellectual capacity and know-how to deliver to constituents. Long after the rice and ororo have been consumed, and the N5,000 spent to cook the stew to eat the rice, we are stuck with these incompetent choices that we made, because of ‘stomach infrastructure’!

Ahmed Abubakar, the new DG of NIA

4/LAW REPORT

16.01.2018

When Limitation Period Begins to Run in Action Requiring Leave of Court

T Facts

he Applicants filed an application at the Federal High Court, Lagos, seeking leave to apply for judicial review of some actions of the 1st Respondent, with respect to the management of the 3rd Respondent. The Court, suo motu, raised the issue of whether the application was statute barred, further to which parties addressed it. In its ruling, the Court held that the action was not statute barred, because the application for leave was filed within three months of the accrual of the cause of action. Further to the leave granted, the Appellants filed the substantive application for judicial review. The Respondents raised a preliminary objection to the competence of the application, on the ground that it was statute barred having being filed more than three months after the cause of action accrued, contrary to the provisions of Section 2(a) of the Public Officers Protection Act. The Court delivered its ruling in which it upheld the preliminary objection, and struck out the action. Dissatisfied, the Appellant appealed to the Court of Appeal. The 1st Respondent equally cross-appealed on the point that the lower Court failed to consider and rule on all the grounds of the Preliminary Objection. Issues for determination The Court of Appeal adopted the issues formulated by the Appellant in the main appeal as follows: 1. Whether lower Court was right when it held that the instant suit being an action for judicial review was statute barred, on the ground that the action was commenced when the Motion on Notice for Certiorari was filed (12/2/10) and not when the Motion ex parte for leave to apply for Certiorari was filed (11/11/09). 2. Whether the lower Court which had earlier held that the suit is not caught up with the statute of limitation, was not functus officio in respect of that issue, and whether the lower Court could validly reach a different decision on the same issue in the same case. The 1st Respondent formulated two issues for determination in the cross-appeal as follows: 1. Whether the learned trial Judge was right when he failed to consider and/ or make any findings on 5 out of the 6 issues raised in the Cross- Appellant’s Notice of Preliminary Objection, after same had been duly argued before the Court. 2. If the answer is in the negative, whether the lower Court ought not to have struck out and/or dismissed the suit on the grounds of lack of jurisdiction as set out in the Notice of Preliminary Objection, and in the circumstances, whether there was a proper case for the invocation of Section 15 of the Court of Appeal Act. The 1st to 5th Respondents filed a Preliminary Objection contending that the second issue raised by the Cross-Appellant did not arise from the grounds of appeal; however, the Court dismissed the objection. Arguments On the first issue in the main appeal, the Appellants submitted that the action for judicial review was commenced when the application for leave to institute the action was filed, and not when the substantive motion on notice was filed after leave had been obtained. The Appellants argued that if indeed the action was commenced when the motion on notice was filed, the action would still not be caught by the provisions of Section 2(a) of the Public Officers Protection Act (“POPA”), as the wrong done to the Appellants was continuous and a fresh cause of action arose from time to time, as the wrongful action continued to subsist. The Respondents argued that the application for leave to apply for judicial review, was distinct from the application for judicial review itself. They posited that the application on notice was the originating process, and that it was only after leave had been obtained, that an action for judicial review could commence. They submitted that the Appellants’ cause of action arose on 14th August, 2009; however, as at 18th February, 2010 when the application for judicial review was filed, the limitation period of three months as stipulated in Section 2(a) of POPA had run out. On the Appellants’ argument that the wrong was continuous, the 1st Respondent submitted that the effects of an act are separate and distinct, and cannot be said to be a continuance of the original act within the meaning of Section 2(a) of POPA. The 2nd and 3rd Respondents on the other hand, argued that the only decision of the Respondents complained about, was the removal of the Managing Director and Executive Director of the 3rd Respondent (FINBANK PLC) by a letter dated 14th August, 2009, and no other steps were

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Friday, the 24th Day of November, 2017 Before Their Lordships Mohammed Lawal Garba Yargata Byenchit Nimpar Ugochukwu Anthony Ogakwu Justices, Court of Appeal CA/L/913/2010 Between 1. Tohir Folorunsho Ismaila 2. Oduntan Taofik Ayinde 3. Adefuye Michael Oloruntele 4. Obarinde Isaac Obatosho .........Appellants 5. Osadinizu Chucks Nwosa (Suing for themselves and/or on behalf of other shareholders of Finbank PLC) And 1. Central Bank of Nigeria 2. Governor, Central Bank of Nigeria 3. Finbank Plc ......Respondents (Lead Judgement delivered by Hon. Ugochukwu Anthony Ogakwu, JCA)

taken thereafter, for there to be continuance of injury. On the 2nd issue, the Appellants argued that the lower Court having earlier ruled that the action was not statute barred, became functus officio and could no longer revisit the issue and overrule itself, as doing that would amount to sitting on appeal on its own decision. The Respondents argued otherwise, on the basis that the earlier ruling of the lower Court dealt with whether the motion ex-parte for leave was statute barred, as distinct and separate from the issue in the Preliminary Objection, which was on the substantive motion on notice being statute barred. With respect to the first issue in the Cross-appeal, the CrossAppellant argued that its Preliminary Objection before the lower Court raised six issues, but the Court only considered the issue

“....THE FILING OF AN APPLICATION FOR LEAVE WHICH IS THE PRECURSOR AND CONDITION PRECEDENT TO AN APPLICATION FOR JUDICIAL REVIEW BEING MADE, CANNOT BE THE RELEVANT DATE FOR THE DATE OF COMPUTATION OF THE LIMITATION PERIOD IN AN ACTION FOR JUDICIAL REVIEW, SINCE THE ADJECTIVAL LAW MAKES IT TRANSPARENT THAT IT IS ONLY AFTER LEAVE IS GRANTED, THAT AN ACTION FOR JUDICIAL REVIEW CAN COMMENCE”

of limitation and failed to rule on the other issues. It submitted that, it was wrong for the lower Court to have abdicated its duty of pronouncing on all the issues raised in the preliminary objection. On the second issue in the Cross appeal, it argued that upon a favourable consideration of the first issue, the Court of Appeal should proceed in exercise of its power under Section 15 of the Court of Appeal Act, to uphold the other grounds of its objection and determine the jurisdictional issue which the lower Court failed to rule upon. In response, the 1st to 5th Cross-Respondents argued that the Court was right not to have considered the other issues which were immaterial, since the resolution of the issue of limitation law disposed of the matter. They also argued that the power to rehear a case as provided in Section 15 of the Court of Appeal Act, only applied to a substantive case and not a Preliminary Objection. Court’s Judgement and Rationale Main Appeal In determining the first issue, the Court held that by Order 34 Rule 3 of the Federal High Court (Civil Procedure) Rules, 2009, the right of action in an action for judicial review can only be enforced upon leave of Court first had and obtained, which leave is applied for ex-parte. The Court further held that the filing of an application for leave which is the precursor and condition precedent to an application for judicial review being made, cannot be the relevant date for the date of computation of the limitation period in an action for judicial review, since the adjectival law makes it transparent that it is only after leave is granted that an action for judicial review can commence. NWAOBOSHI v THE STATE (1998) 10 NWLR (Pt. 568) 131 at 151. An action for judicial review, is commenced when the substantive motion on notice is filed, consequent upon the grant of leave for the application to be made. In the instant case, the Appellants’ action for judicial review was commenced on 18th February, 2010. Having ascertained that the cause of action accrued on 14th August, 2009, a calculation of the raw figures showed that the action was commenced six months after the accrual of the cause of action. The basis of the Appellants’ grouse was the Respondents’ letter of 14th August, 2009 by which the Managing Director and Executive Directors of the 3rd Respondent were removed from office. There cannot be continuance of injury in the decisions taken as communicated in the said letter of 14th August, 2009 which was the factual situation which gave rise to the Appellant’s right of action. On the second issue, the Court held that the fact that an application for leave to apply for judicial review is not statute barred, does not connote that the substantive motion itself which commences the action for judicial review is not statute barred or that the Court having pronounced that the application for leave is not statute barred, cannot thereafter determine if the action itself when commenced by the substantive motion on notice, is statute barred or not. The fact that the lower court had earlier ruled that the Appellants’ application for leave to apply for judicial review was not statute barred, did not eo ipso render the lower Court functus officio, so as to preclude it from deciding the question of whether the substantive motion on notice, which is the second stage in the procedure for judicial review, and which in fact commences the action for judicial review, was caught by the limitation law. Cross-Appeal On the first issue, the Court of Appeal held that a trial Court is duty bound to pronounce on all issues properly placed before it. The lower Court abdicated its adjudicatory duty, when it failed to consider the other issues raised and argued in the preliminary objection; although, the failure to pronounce on the other issues did not occasion a miscarriage of justice. On the second issue, it was held that although the Court of Appeal has the power under Section 15 of its Act to re-hear the case in part, there was no need to re-hear and pronounce on the other issues, as they were no longer material in view of the concurrent findings now arrived at that the action was statute barred. Main Appeal Dismissed, Cross-Appeal Allowed in Part. Representation: Gabriel Onojason Esq. for the Appellants/1st to 5th Cross Respondents Aanu Ogunro Esq. for the 1st Respondent/Cross Appellant Olabisi Makanjuola for the 2nd and 3rd Respondents/6th to 7th Cross Respondents Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

16.01.2018

NEWS/5

ANNUAL LECTURE L-R: Justice Ken Amadi of the National Industrial Court, Mr. Jelili Owonikoko, SAN, Managing Partner, Hybrid Solicitors, Mr. Bimbo Atilola and Chairman, Presidential Advisory Committee Against Corruption, Professor Itse Sagay, SAN at the 6th edition of Hybrid Solicitors' Annual Lecture and Luncheon, at Oriental Hotel, Victoria Island, Lagos, recently

During a Special Court Session at Idah High Court in honour of late Justice Aromeh Benson Akogu, led by the Chief Judge of Kogi State, Justice Nasiru Ajanah recently

Lawyers Without Borders Commends FG On the Anti-Torture Act 2017 Akinwale Akintunde Avocats Sans Frontières France (ASF France), also known as Lawyers Without Borders France, has commended the Federal Government for signing the anti-torture bill into law in December 2017. The human rights group, in a statement by Angela Uwandu, who is head of the Nigeria office of ASF France, noted that the new legislation not only criminalises torture, but also prescribes 25 years imprisonment for perpetrators of torture. According to Uwandu,

the law provides the long desired opportunity to hold perpetrators of torture in Nigeria accountable for their actions. “Holding perpetrators of torture accountable for their action which is what this much awaited law aims to achieve, is an important step in ensuring justice for torture victims and in curbing the practice of torture in Nigeria”. “Coming at an important point where there is an ongoing demand by the public for reforms within the Police units, especially the Special Anti Robbery Squad, which

had been notorious for use of torture. It is hoped that prompt implementation of this legislation, will successfully address the challenge of rampant use of torture by security agencies in Nigeria, and provide justice for the countless victims of torture in Nigeria. The group however, called for quick action on the part of the AttorneyGeneral of the Federation, to ensure prompt implementation of this important legislation to pave the way for its full enjoyment by all. “Since 2009, Avocats Sans Frontières France

has been working with victims and families, to ensure justice for victims of torture in Nigeria. It has also been working with the National Human Rights Commission, on promoting the principles of the UN Convention Against Torture in Nigeria. Between 2014 and 2017, ASF France has provided free legal services to 253 victims of torture across 3 states in Nigeria on the platform of its ProCAT project, with many obtaining redress and compensation for torture suffered”, the group stated.

Late Justice Aromeh Benson Akogu Laid to Rest in Kogi State Yekini Jimoh in Lokoja The late Justice Arome Benson Akogu of Kogi State High Court of Justice, handling Senator Dino Melaye's assassination attempt on his life, has been buried at Idah in Kogi State. He died on the 31st of December, 2017 at Idah in Kogi State. The High Court of Justice in Kogi State, held a Special Court Session in honour of him at Idah High Court. Many personalities including a representative of the State Governor, Judges, Senior Advocates, Lawyers, Politicians and Businessmen graced the occasion. The Kogi State Governor, Alhaji Yahaya Bello, in his tribute message, commended the late Judge on his knowledge for logic and philosophy in Adjudications.

Court Stops Nigeria Army’s Attempt to Stop Officer’s Suit Challenging Unjust Dismissal Akinwale Akintunde Justice R.B. Haastrup of the National Industrial Court of Nigeria sitting in Abuja, has stopped an attempt by the Nigerian Army and others, to stop a suit filed by Lt. Col. Abdulfatai Mohammed (Rtd), one of the 38 dismissed officers from the Nigeria Army, to challenge his unjust dismissal. The Judge dismissed the preliminary objections filed by the Nigerian Army and other Defendants, to challenge the suit filed by the dismissed officer, Lt. Col. Mohammed, on the ground that that it lacks merit and it is a mere attempt to waste the precious time of the Court and delay the hearing of the suit with the No: NICN/ABJ/284/2016. The Nigerian Army had in June, 2016, abruptly ended the careers of 38 officers by compulsory retirement, over allegations of professional misconduct during the 2015 general elections and involvement in arms procurement fraud. Lt. Col. Mohammed had challenged his compulsory retirement from the Nigerian Army along with 37 other officers, by filing a suit before the National

Industrial Court, seeking among other reliefs, that the court declares the punishment meted out to him is illegal, a violation of his rights, and a failure of due process. Defendants in the suit are Nigerian Army, Nigerian Army Council, Chief of Army Staff, Armed Forces Council and Chief of Defence Staff. Others are the Attorney-General of the Federation, Brig. Gen. Mansur Mohammed Dan-Alli (Rtd), Lt. Gen. Tukur Yusuf Buratai, and Maj. Gen. Mohammed Hong Garuba. The Claimant had prayed the court to declare that his compulsory retirement from the services of the Nigerian Army vide a letter dated June 9, 2016, constitutes an unfair dismissal and punishment without any factual basis at all, and as a result wrongful, unlawful, unconstitutional, illegal and invalid. Lt. Col. Mohammed also sought a court declaration that his compulsory retirement without any factual basis, is wanton breach of all principles of natural justice as well as abuse of office. He also prayed the court to declare that the actions of the Defendants, constituted a most wanton and unconstitutional application of unfair practices to direct detriment of his person.

The Claimant also prayed the court set aside the letter of compulsory retirement dated June 9, 2016 and order his immediate reinstatement to his statutory protected employment or service in the Nigerian Army, which reinstatement is to be made effective from June 9, 2016 in all respects and for all rights and his entitlements. He also prayed the court to give an order that the Defendants jointly and severally, not to subject him to any form of harassment, arbitrariness on account of his dragging them to court to challenge his dismissal. Lt. Col. Mohammed also prayed the court to award him compensatory, aggravated, and exemplary damages in the sum of N5 billion. However, the Defendants entered appearance and filed their processes in defence, including the notice of preliminary objection. In the Notice Preliminary Objection filed by counsel to the 1st, 3rd, 8th and 9th Defendants respectively dated May 15, 2017, they stated that the claim of the Claimant is premature, in that the case was instituted before the court while the appeal of

the Claimant on the subjectmatter to President Muhammadu Buhari is still pending determination, adding that the right of the Claimant can only be exercised in the court after the President has determined the Claimant’s appeal. The Defendants also objected to the suit, on the ground that the subject-matter of the case, falls within the internal domestic affairs instituted until the President as the Commander-in-Chief of the Armed Forces, determines the Claimant’s appeal pending before him. The Defendants preliminary objection was also based on the ground that, the Claimant is bound in law to exhaust the internal mechanism or remedies set out under the Provision of Chapter 9, paragraph 09.02 (e) of the Harmonised Terms and Conditions of Service 2012 (revised). They also contended in their preliminary objection that the Claimant cannot maintain a case against the 7th, 8th and 9th Defendants, (Brig. Gen. Mansur Mohammed Dan-Alli (Rtd), Lt. Gen. Tukur Yusuf Buratai and Maj. Gen. Mohammed Hong Garuba) in their private and

individual capacities, in that the offices they occupied, the actions of which offices are as 1st, 2nd, 3rd, 4th and 5th defendants (Nigerian Army, Nigerian Army Council, Chief of Army Staff, Armed Forces Council and Chief of Defence Staff). They also objected to the suit, on the ground that it is an abuse of court process. In support of the preliminary objection, counsel to the Defence, also raised a sole issue as to whether the court has the requisite jurisdiction to hear and determine the Claimant’s claim. Defence counsel submitted that it is known law that in determining the jurisdiction of court, the court needs to only refer to the statement of claim of the Claimant, adding that the Claimant’s statement of facts clearly demonstrated the circumstances of his compulsory retirement and the steps he has taken for redress through the document listed and which he relied on. Counsel also submitted that the Claimant’s suit was instituted before the court, while his appeal on the subject-matter to President

CONTINUED ON PAGE 6

The Governor who was represented by the Kogi State Attorney-General and Commissioner for Justice, Ibrahim Danni Mohammed, SAN, said his death elicited eulogies from the Kogites, especially for his honesty, uncommon probity in the discharge of his duties as a judiciary officer, and both during the days his private practice and in the Ministry of Justice as Director of Public Prosecutions. Governor Bello added that, the great hardworking Judge had left suddenly, as the people of the State were going to greatly miss his invaluable contributions to the judiciary and development of the legal profession. He also commended the Kogi State Judiciary for it's very important role in the administration of justice, and the various sacrifices made in the discharge of judiciary functions. He promised to continue to accord respect to the Judiciary, and create a conducive atmosphere for their judicial functions. Earlier in his speech, the Chief Judge of Kogi State, Justice Nasiru Ajanah, said from his trajectory it was obvious that the late Justice Akogu by nature, was a personality in a hurry to be accomplished. "All his endeavours in life were attained in record time. This trail is not lost on me, as evident from his work disposition in the stations he manned as a Judge of the High Court of Kogi State. "When Justice Akogu was posted to High Court of Justice, Isanlu, he ensured that he heard and completed all the cases that were pending then in the Court before he got there”, he noted. Justice Ajanah pointed out that, he had also dedicatedly dealt with the cases he met at the Court, and also did not brook laziness because he was not in anyway lazy. Also speaking at the funeral, a representative of Senior Advocate of Nigeria, Mr. Pious Akubo, said the death of late Justice Akogu was a big loss to the Judiciary. Akubo who spoke on behalf of other SANs, said he was a class mate of the late Judge during their days in the University, and also attended Law School the same time. He enjoined the family to take heart, as he prayed for his soul.

6/

16.01.2018

Group Seeks UN Intervention on FG’s Continuous Detention of Shite Leader Akinwale Akintunde A Human Rights advocacy group, Access to Justice, has petitioned the United Nations (UN) on what it has described as the continued illegal detention of Sheik El-Zakzaky, the leader of the Islamic Movement of Nigeria (IMN), since 2015 by the Federal Government. El-Zakzaky and his wife were arrested in December, 2015, by the military authorities after a brutal confrontation with members of his group, that left more than 248 members of this group dead. Access to Justice in a letter addressed to Mr. Diego García-Sayán, Special Rapporteur of the Human Council on the Independence of Judges and Lawyers, titled “Human Rights Are Peoples' Rights and Not for a Select Few: A Report On An Extreme Violation of the Rights of Shites in Northern Nigeria”, accused the Muhammadu Buhari-led Federal Government, of willful disregard of court orders to releasing the Shite leader. The letter dated January 14 and signed by

Dr. Adenike Aiyedun, Deputy Director, Access to Justice, also accused the Federal Government of flouting several court orders, including those of the ECOWAS Court of Justice, by refusing to release Rtd. Colonel Sambo Dasuki, a Senior Government Official under the last administration, who is facing criminal charges. According to the group, in December 2016, a High Court held that the arrest and detention of El-Zakzaky and his wife, was illegal and unconstitutional, and ordered their immediate release from detention. "The Federal Government refused to obey the court order, and a few months after, filed an appeal against the ruling of the court. On the 24th of May, 2017, Malam Garba Shehu, Special Assistant to President Muhammadu Buhari on Media and Publicity, seeking to justify the disobedience of the Buhari administration to orders of court, stated that Sheik El-Zakzaky was being kept in ‘protective custody’ in his own interest and that of the public.

"Following the example of the Federal Government, a number of State Agencies are also flouting court orders, and acting with impunity. Under the Nigerian Constitution as well as Regional and International treaties binding on Nigeria, the Nigerian State must respect the rule of law, uphold and implement court orders, and respect the authority of each arm of Government. "The persistent reluctance of the President Buhari-led Government to respect the principle of separation of powers, which is a core component of constitutional democracy and the rule of law, indicates complete disregard for its International, Regional and National obligations. "The failure of the Government to uphold the rule of law is undermining and endangering Nigeria’s fragile constitutional democracy, and causing widespread loss of faith in the authority of judicial institutions. Furthermore, it is escalating fragile ethno-religious tensions in the country, which if unchecked, may lead to the outbreak of major conflicts. "As a member of the United Nations, the Nigerian government is bound by the cherished principles of that body, and by several binding treaties on

good governance, human rights and the rule of law", Access to Justice stated. The group therefore, urged the Special Rapporteur, to immediately visit Nigeria to assess the situation, and ensure that full and independent investigations are conducted into these allegations against the Nigerian Government. It also urged the Special Rapporteur to provide his conclusions and recommendations to the Nigerian Government, adding that he should make a formal appeal to the Nigerian Government to respect the supremacy of the Constitution, and implement/enforce all court orders. "The Special Rapporteur should emphasize Constitutional, Regional and International obligations of the Government, to ensure the independence of the judicial branch of Government. "Refer Nigeria’s deteriorating rule of law situation to the attention of the UN Commission on Human Rights urgently, in order to avoid a further degeneration of the situation. The Commission should also engage the executive arm of Government, to facilitate the release of El-Zakzaky and his wife, before the situation becomes any more severe", it stated.

COURT STOPS NIGERIA ARMY’S ATTEMPT TO STOP OFFICER’S SUIT CHALLENGING UNJUST DISMISSAL CONTINUED FROM PAGE 5 Muhammadu Buhari is still pending determination, adding that the right of the Claimant can only be exercised in the court after the President has determined the claimant’s appeal. The Defendants therefore prayed the court, to strike out the suit for want of jurisdiction. In response to the preliminary objection by the Defendants, counsel to the Claimant submitted that Chapter 9, Paragraph 09.02 (e) of the Harmonised Terms and Conditions of Service 2012, cannot serve as a condition precedent to the filing of this suit, because Paragraph 09.02 (e) of the Harmonised Terms and Conditions of Service 2012, has not been demonstrated to have emanated from common law, that it is clearly not a statute, and that it has not been demonstrated to be a subsidiary legislation. Claimant counsel also stated that, the Claimant has a constitutional right to approach the National Industrial Court, and that Paragraph 09.02 (e) of the Harmonised Terms and Conditions of Service 2012, does not clearly impede his right to be heard in court at all. He further submitted that, even assuming but not conceding that the Claimant has a duty to make an appeal to the President, this duty on the Claimant is discharged when he actually makes that appeal, and it is not argument against him that the President failed or neglected to treat his

appeal. On whether the suit amounts to an abuse of court process, counsel to the Claimant submitted that the objections of the Defendants have not placed sufficient materials before the court, which would aid the court to determine the issue of abuse as raised by the Defendants. Ruling on the parties submissions, Justice Haastrup said that from the Claimant’s statement of facts, it is obvious that he was compulsorily retired from the service of the Nigerian Army vide a letter dated June 9, 2016, and that he is challenging his retirement on the ground that it is wrongful, unconstitutional, null and void. The Judge also said that it is not in dispute that the Claimant wrote an appeal for his case to be reconsidered, addressed to the President and Commander-in-Chief of Armed Forces of Nigeria through the Chief of Defence Staff, Defence Headquarters in line with the Paragraph 09.02 (e) of the Harmonised Terms and Conditions of Service 2012 (Revised). Justice Haastrup said the Claimant has complied with the administrative or internal remedies by his appeal to Mr. President for his case on compulsory retirement to be reconsidered, adding that the failure by the Defendants to respond to the Claimant’s appeal, cannot be used against him

to preclude him from exercising his constitutional right of seeking redress before any court of law to ventilate his grievance. “I do not see how the above provision will now serve as a condition precedent to instituting this suit, such that the suit is rendered premature. “I need to make brief remarks on the argument of the Defendants to the effect that the present suit filed by the Claimant, constitutes abuse of the process of court. I need to state here that, the Defendants cannot merely assert without presenting before the court, such materials which constitute abuse of court process regarding the suit in issue. In the circumstance, the arguments on the issue cannot hold ground and are all hereby discountenanced. “Regarding the arguments of the Defendants, as to the effect that the 7th, 8th and 9th Defendants ought not to be made parties in this suit, who have acted in their official capacities and for a disclosed Principal, in my humble view as rightly pointed out by the Claimant’s counsel, this issue is not a jurisdictional issue that could nullify the proceedings. In any event, it is a well known law that non joinder or misjoinder of a party is only a procedural irregularity which can be corrected in the course of proceedings, and would not defeat an action otherwise properly constituted. The

court therefore, has the jurisdiction to hear the case and the misjoinder of a party cannot oust its jurisdiction. “From the foregoing, I find no merit in the preliminary objection of the Defendants in this case, and I see same as merely an attempt by the Defendants to waste the precious time of this court, and delay the hearing of this matter also. “Consequently, all the issues are resolved in favour of the Claimant and against the Defendants, and the preliminary objection is hereby accordingly dismissed. The order of this court, is that the matter shall proceed to trial and all pleadings shall be filed and exchanged by parties before the next date of hearing”, the court ruled. In a similar matter involving another one of the 38 dismissed officers, Major General Ijioma Nwokoro Ijioma, the Industrial Court also ruled in favour of the dismissed officer. Justice Edith Agbakoba ruled against the preliminary objection to the suit filed against the Army and the Chief of Army Staff (COAS), Lt-Gen. Tukur Buratai, clearing the way for formal hearing of the case. The judge in her ruling said Major General Ijioma has every right to challenge his compulsory retirement from the Nigerian Army after serving for 32 years, 11 months and 5 days.

Legal Personality of the Week Ernest Chukwuka Ofime

‘A Lawyer Must Study Hard and Avoid Cutting Corners’ was slated for trial, and the firm directed that I file an application a few days before the trial date, just to stall the hearing for that day, which I did. Unfortunately, the preliminary objection was not supported with any affidavit, and the counsel on the other side insisted on replying on point of law, which the Magistrate having read and properly interpreted our move, also insisted on the application being taken and ruling being given there and then; for the matter to be heard that day. Our application was taken and dismissed, and then case stood down for hearing. Having received further instructions from the office, and while other matters were ongoing, I vanished from the court premises. So, when the case was called again, it was automatically adjourned to a later date.

I am Ernest Chukwuka Ofime, Principal Partner at E.C. OFIME & CO, a firm of Legal Practitioners based in Lagos. I studied Law at the University of Lagos where I obtained an LL.B degree in Law in 1999. I proceeded the same year to the Nigerian Law School, Bwari, Abuja for my Bar Part II and was called to the Bar in January 2001. Since then and after my compulsory NYSC at the Ministry of Justice Gusau, Zamfara State in 2002, I have been in active legal practice. I have been involved in a lot of cases, courtesy of some of the very established law firms I began my legal practice with, ranging from commercial and land, to criminal and enforcement of human rights etc. With the experience gathered so far through years of active practice both in property and litigation, I am well positioned to represent the interests of my client in any situation. Ernest Chukwuka Ofime

Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? The challenge I can say that I have faced in my career as a Lawyer, can be summarised as my initial inability to secure employment in any of the major and known law firms in Lagos, despite several efforts. As a young Lawyer, I was told and made to believe that, being in such law firms guarantees early exposure and easy access to the top. So when all efforts to get one failed, it was a big challenge to me then. It appeared then, as if I was limited to the Magistrates and High Courts, without a taste of the Court of Appeal and Supreme Court. It took some years for me to get to these levels. With time and through

hard work and dedication, I was able to get a place at some well established Law firms, who are seriously into litigation. What was your worst day as a Lawyer? I haven’t really had any major negative experience in Court, as I try to master my file and what my case is coming up for each day. However, I think the one I can remember, was a day I had gone for a case at the Court 2 Bode Thomas, Surulere back then. The firm I was with then, was defending a tenant in a case for recovery of premises. We did not have any credible defence, so my instruction was just to delay proceedings and buy time for our client. So on one of those days, the matter

What was your most memorable experience as a Lawyer? It is very difficult, to pin it down to any one particular event. I have had many that qualify to be described as the most memorable, but let me just take one that I considered a big relief then. Due to the delay that usually accompanies litigation in our courts, I had filed a matter and calculated how it could take years to finish. The second time the matter was coming up, I had gone to court, bearing in mind that it was for mention, so as to report service on the defendant. To my surprise, the matter was heard the same day and judgement given in my client’s favour. It was like magic to me, as I left the court room smiling to myself and wishing all cases could go the same way.

Who has been the most influential in your life? The most influential person in my life, has been my mother. She laid a solid foundation for my education, and helped in nurturing same. She taught me the values of honesty, respect for others, and hard work. Why did you become a Lawyer? I became a lawyer to assist others solve their problems. Also to help the course of justice and assist people by giving them solid legal advice, to avoid some serious errors in their transactions and relationship with others. What would be your advice to anyone wanting a career in Law? Anyone wanting a career in Law, must study very hard and avoid cutting corners. Resolve to follow to the letter, the ethics of the profession, and make honesty his/ her watchword. Finally, be focused on achieving his/her goal of being called a Gentleman of the Bar. If you had not become a Lawyer, what career would you have chosen? I would have chosen to be a Journalist or a farmer. I still nurture the desire to own a large farm. Where do you see yourself in ten years? One who still fears God and remains truthful and honest to his clients, as well as maintain a deep commitment to their good. Also still committed to the noble ideals of the founding fathers of the Legal Profession.

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Of a Renewed Justice Sector, Law, Order and the Rule of Law This article by Olasupo Shashore discusses some of the steps Nigeria has to take, in order to achieve a high performing justice sector, which he believes is absolutely necessary so as to prevent our national performance from further decline

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General of Police to “ deal ruthlessly with people found guilty of breaking the law”. Each branch of government should comport itself within its constitutional space. The following matters relate to the administration of justice which do not concern the office of a judge: the organisation of the courts; the prerogative of justice, the prerogative of mercy and any prerogative power to create new courts; nolle prosequi; the appointment, tenure and immunity of judges; the immunity of other participants in legal proceedings, contempt of court; the composition and availability of juries, any requirement that their verdict be unanimous, and the allowances they receive; the branches of the legal profession; and the provision of legal aid and advice

high performing justice sector, is an asset for national wealth. It guarantees an orderly society. The quest for justice may be farfetched, without the proper functioning of all the compartments that make up the justice sector. Our justice sector will continue to fall short, until we can restore the indices of accountability, accessibility, transparency and respectability.

Role of Lawyers It starts with the “justice ecosystem”. The role of lawyers is often recalled as being essential to the means of safeguarding an orderly society in the face of the power of the State and the caprice of kings, but not properly provided for in budding democracies. Recall the capture and extra-judicial killing of Muammar Gadhafi along with 66 others, including one of his sons, during Libya Civil War of 2011. It vividly depicts a reminder of the damaging effect of the absence of rule of law and disregard for the institution that lawyers represent. Gadhafi was captured, beaten and killed in plain view, without recourse to the thought of a trial. Evidence that the public in Libya at the time had little or no confidence in law and order. Contrast this with the former First Lady of Ivory Coast Simone Gbagbo, who was recently acquitted in an Ivorian Court of Crimes Against Humanity and War Crimes linked to her role in a 2011 Civil War that killed about 3,000 people. The fair trial enjoyed by Mrs. Gbagbo, stems from an observable belief in the justice sector, the rule of law and due process in Ivory Coast. SARS In Nigeria, we must be extremely alert to cases of violation of the rule of law and due process. Regrettably, some of the culprits remain the law enforcement agencies. The people have continued to endure. The endurance was tested only recently by the clamour for the abolition of a department of the Nigeria Police – the Special Anti-Robbery Squad (“SARS”). Over the years, SARS has grown to become a terrifying arm of the police, leaving the unenlightened to believe that men and women of SARS have an unquestionable licence to arbitrarily infringe on peoples’ rights. One of the incidents that provoked the recent #ENDSARS campaign, began when footage was circulated showing the aftermath of the actions of the police unit killing a young man. This sparked a nationwide outrage. Nigerians have previously complained about police brutality. Numerous accounts emerged, with videos of ordeals of brazen disregard for the rule of law. This, without a doubt, has been a further dent to the utter wane in confidence in the justice sector. Amongst the citizenry, extra judicial killings and brazen conduct, are usually triggered by lack of trust in institutions - evidence of a gradual systemic breakdown of an already fragile order in the Revolutionary Chairman of the Libyan Arab Republic society. Citizens in some parts of this country, are being killed in purported defence of livestock. Reported cases of plain murder in the name of politics and cultism, have gone unaddressed by the relevant arm of government leaving the public to perhaps contemplate that government itself is beginning to lose faith in the justice sector. This is compounded when law enforcement officers employed to defend and maintain peace in the society, turn their instruments of authority against the innocent public, the very people they are paid to protect. That popular paradox, “police is your friend” caught the attention of the Supreme Court in OCHIBA v STATE [2011] 17 NWLR (Pt. 1277) 663 where the court in condemning the action of the police, observed that despite the traditional and constitutional role of the police of fighting crime, some police officers appear to compete with criminals in the commission of crimes they are trained to fight. This was another case, where a citizen of this country was killed with a weapon bought with tax payers’ money for his protection. Of course, the Supreme Court found that it was a senseless killing by a key component of the justice sector. For clarity, the justice sector is made up of the police, the state prosecution, the courts, the prisons and correctional centres and the people (citizens). Together, we are the body of people that must dig deep and find an abiding philosophy, or the society that will not fall any further. The justice sector

Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

and indeed, the legal profession, is in need of an urgent but deliberate redefinition; a directional compass that reassures the public and restores public confidence. There is an urgent need to conduct an audit of the causes and effects of public approval (or lack thereof), for our justice sector institutions. Approval stems from the public’s perception of confidence and its satisfaction with total value assurance the legal profession portrays. Simple as that might sound, the confidence of the public, is crucial to the continued existence and survival of the legal profession and the justice sector as a whole – it is central to very existence of law and order in our society. What We Must Urgently Do to Install a High Performing Justice Sector Leadership Like every other sector, clear and visionary leadership is essential to the optimal performance of the justice sector. Administration of justice must, as a matter of urgency, be properly resourced at leadership level, either by appointing a dedicated executive in charge of this function, or designating a cabinet level member for that purpose. Due to the absence of an acknowledged and identifiable leadership, it is presently performed as an adjunct service at best, being combined with other functions that now lie in priority. For instance, the administration of the machinery of justice, whereby the legal system is maintained, is an executive and not a judicial function. Judges do not administer justice; they adjudicate by way of interpreting the law. In the same vein, it is not for heads of the executive branch of government to “direct the Attorney-General to prosecute” nor for the Inspector

“NIGERIA, CONSISTENTLY RANKS LOW IN THE RULE OF LAW INDEX OF THE WORLD JUSTICE PROJECT. OVER THE YEARS, THE COUNTRY HAS BEEN UNABLE TO CONVERT THIS INTANGIBLE CAPITAL, THE RULE OF LAW, TO WEALTH. THE TIME HAS COME TO UPHOLD AND PROMOTE THE RULE OF LAW, AND THEREBY DEFEND NATIONAL PERFORMANCE FROM FURTHER DECLINE”

Respect and Insulation of Judges The office of the judge today, is under assault. Judges must be allowed to perform their constitutional role of “judging”. The office of a Chief Judge or Chief Justice, should not be demonised by compelling it to be the administrator of the courts or superintendent of awards of contracts, all in the name of independence of the judiciary. The chief executive of courts who reports to the Minister of Justice, in the United Kingdom, is not the Judge (President) of the court; he is an employee of the legal system; this is as it should be. As long as the justice sector diminishes in respect and dignity, it would lead to a downward spiral of public confidence, not only in the law generally, but in the economy. An inevitable consequence would be a side-stepping of legal services, resulting in a breakdown of law and order. We need to constantly remind ourselves that, a lawless and lawyer-less system, is a recipe for anarchy and poverty. The office of the judge, should not be dragged into political battles through election petitions and impeachment proceedings, embarked upon by career politicians. A judge must be allowed to keep his oath; decide cases involving ‘all manner of people without fear or favour affection or ill will’. As Olajide Olatawura JSC once noted, “when you are tempted to tilt the scale of justice on grounds not based on the evidence before you, please return to the oath”. Olatawura JSC’s stand, resonates with the actions of Sir Edward Coke over 400 years ago. Coke was a great English judge, who served at a time when judges in England held their offices as it pleased the King. Coke was renowned for his assertion of the independence of the judiciary. In this, he clashed with the King. It was in a case in which the King had an interest. The King attempted to interfere in the court’s decision. The King asked the court to stay proceedings, until he (the King) was consulted. Coke did not agree. According to Coke, “Obedience to His Majesty’s command to stay proceedings would have been a delay of justice, contrary to the law, and contrary to oaths of the judges”. When all other judges affirmed the right of the King to be consulted when his interest is involved in a case, Coke was reported to have responded that “When that happens, I will do that which it shall be fit for a judge to do”. In the duty to preserve law and order, the legal profession must be seen as the guardian. This is to promote national development, and prevent the descent of society into anarchy. Because public confidence can only be preserved by the standards that we keep, legal practitioners must live up to their role as custodians of our professional ideals. We must restore our judges to their revered position of dignity. They must be protected from all known administrative tension, political pressure or financial anxiety. Obedience of Court Orders by the High and Mighty Governments, State and Federal, are under a constitutional duty to uphold the rule of law and obey court orders, whether it is for the payment of court ordered judgement or for the release of politicians charged with bailable offences, after bail has been granted by three national courts and a subregional court; the Economic Community of West African States Court. Public prosecution must be re-focused. It must be aimed at seeking justice, and nothing else. Government must endeavour to refrain from appealing decisions on purely technical points. It is a waste of tax payers’ money – it does not meet the ends of justice. The conduct of public cases, should not be equated to what obtains in private dispute resolutions, where some lawyers have been observed to care too much for law and too little for justice. Such lawyers have CONTINUED ON PAGE 14

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Fulani Herdsmen: When Silence Is Not Golden For the past three years, the activities of Fulani Herdsmen have struck terror in the minds of farmers in several States including Benue, Taraba, Kogi, Enugu, and Nasarawa. The otherwise peaceful cattle breeders, who had always been identified with their trademark long shepherd sticks strung across their shoulders, were recently named the fourth Deadliest Terrorist Group in the World by the Global Terrorism Index. They have resorted to wielding AK47 riffles, leaving a trail bloodshed all along their grazing pathways, killing, maiming, raping and looting from innocent farmers in host communities. Dr. Kayode Ajulo, Osai Ojigo and Chucks Nwana examine the politics, rhetoric, complexities and perceived insensitivity of the Government to the potentially explosive issue, as they proffer legal and political solutions

Benue/Fulani Herdsmen Killings: The Imperative of Invocation of Self Defence Provision & Codification of Community Policing

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here is a sense in which the murderous rampage of the so - called Fulani herdsmen and the allied killings in our country in areas where Government protection is zero, invites us all as a country to be at once creative and advance facts with vigour. A most disconcerting fact is, most Nigerians in public discourses tend to deploy either religious, ethnic or political sentiments and political rhetorics, at tables where addressing severe issues are raised. Even when confronted with fierce urgency of taking principled positions, there is more often the resort to near default expediences, with the result that so much is said and nothing is resolved. The Benue Massacre The recent front burner recriminations over Herdsmen carnage and bloody rampage must be taken to new pedestals, beyond usual primordial sentiments. We cannot feign ignorance of its magnitude or ignore its consequences. Lives have been lost, and many more live in huge apprehension of losing theirs or loved ones. We must take a clinical look at the issue at hand, with a view to finding a lasting solution to it. The State must guard the vulnerability of the lives of the people and the security of properties of Nigerians, not just in Benue, but nationwide, while the free killings in Benue provide ample module for addressing the issue at hand. Incidentally, the so-called Fulani herdsmen, who used to be harmless, affable and personable in their bucolic style, the type of lifestyle that would inspire idyllic epic, have suddenly lost the touch of humanity, and wreaking untold destruction on fellow humans. These days, some bad eggs amongst them have traded their harmless sticks for AK 47s, arguably the deadliest weapon on the planet, and in place of their charming rusticity, we now have wild beings whose presence evokes dread and portrays a personification of mindless terror that creeps in by night to unleash death on innocent people in their sleep. That this gory transformation is unveiling under the leadership of President Buhari, gives it a twisted irony, not helped by the President's reticence and seeming reluctance to act with alacrity and candour, especially with regard to having the perpetrators arrested and prosecuted. However, while the Government takes its precious time to sort the priority of their engagement of this issue, the men and women of Benue and all affected regions, must take up the task of doing their best to device a defence line against the marauders. Human life, must never be cheapened by political dribbles. Nigerians must, by now, accept that it is sadly not a safe bargain to leave the protection of their lives and properties in the hands of characteristically inept security outfits. Self defence is a resort that has been successfully employed the world, and even in some areas in Nigeria with success. It cannot fail now, and so it must be an option fed with supervision to communities in not just Benue State, but all areas in Nigeria whose natives live in the constant fear of threats to their lives or properties. Condemnation The renewed so-called Fulani herdsmen killings across the

country, must be condemned in the strongest possible terms. Nigerians have had their immutable right to life disrupted, at the whim of killers who place premium on cattle over human life. While the Government gets the easy job of playing the sympathetic and concerned authority, ordinary Nigerians whose family and friends have died, must undertake the tortious task of laying their dismembered loved ones to rest. With the mounds on these new graves still loose and fresh, the survivors must overcome the lethargy of their losses, and worry anew about the still real threat to their lives. It is perhaps understandable then, that the usual hand-tothe-chin theatrics of both State and Federal Government, the reactionary yet temporal deployment of impressive looking weaponry and personnel to these areas, will do quite little, if anything, in assuaging the survivors and curbing what has come to be seen as the 2015 post- triumphalism of the President's tribesmen. Lack of Remorse What is more? The apparent absence of penitence and contrition as demonstrated by the Authorities of the herdsmen, suggests that a more radical and proactive solution must be preferred. The Way Forward Within the very letters of our Constitution, particularly it's section 33 and 34, is embodied what has to be accepted as a pointer in the direction which we must take as a country, over this senseless killings. The said section provides and I quote verbatim, " The right to Life [and the ] Right to dignity of the human person". This right is immutable and it's context demands that the State of Nigeria, has a duty to enforce this right no more legitimately than a Nigerian has the implied right to see that this right is respected and protected. To be crystal clear, section Section 59 of the Penal Code on the other hand, reads as follows: “Nothing is an offence of which is done in the lawful exercise of the right of private defence”. The Criminal Code in section 32 (3) provides, inter alia: "A person is not criminally responsible for an act or omission if he does or omits to do the act... when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him or to another person in his presence. " What the sections above aggregate to, is pointedly expressed in sections 286-288 of the Criminal Code and section 62-66 of the

“FINALLY, LET IT BE NOTED THAT VERY LITTLE SUCCESS HAS BEEN RECORDED BY THIS PRESENT ADMINISTRATION IN THE AREA OF SECURITY, AND THIS IS SAID, MINDFUL OF THE FACT THAT INSECURITY IS AS REAL NOW AS IT HAS EVER BEEN IN THE COUNTRY, TECHNICAL VICTORIES REGARDLESS”

Benue State Governor, Samuel Ortom

Coffins of victims of the recent Fulani herdsmen attack in Benue State

Penal Code which, read independently and together, summarily grant an individual the right to use whatever degree of force is reasonable and mandated by the threatening circumstance, to protect their lives or properties, even if the said force can result in bodily harm or death to the assailant. This is the body and soul of the principle of self defence provided for by our laws and upheld in a plethora of cases, such as Akpan v State (1994) 9 N.W.L.R (part 368) at p. 347), but whose implications are lost on those it should rightly benefit. The people of Benue State, as with all exposed lands and territories within Nigeria, must be made aware of this provision and it's clear charge; do not leave yourselves vulnerable while romanticising Government protection. Community leaders must undertake the urgent task of constituting vigilante groups, moderately armed and fit to withstand such incursions in the future, until help comes along. There is of course the tendency to decry this as a case of pouring more fuel into a raging fire, but such town-criers must surely be aware of the near inefficiency of the tradition of post-crisis crisis management undertaken by the State and Federal Government. Something more ought to be done. I respectably also propose that, community policing be made statutory and not an auxiliary resort. A cadet of natives, should be drawn up and weaponised to the specifics of each particular threat. This cadet groups are not to be considered members of the country's Federal and State security outfits, but nonetheless supervised and trained by the latter. They are to be managed by funds from the local governments containing them, and maintained on watchmen shift schedules. The times have changed, the dynamics of power and governance, must adjust to the exigencies of the present. Finally, let it be noted that very little success has been recorded by this present administration in the area of security, and this is said, mindful of the fact that insecurity is as real now as it has ever been in the country, technical victories regardless. The proposal for a Local Government managed part-time force of natives, is in itself not a judgement on the ineptitude of security outfits within the country saddled with the responsibility of securing lives, but one whose time has simply come, it's necessity far outweighing any other considerations. Dr. Ajulo, Principal Partner, Kayode Ajulo & Co., Castle of Law, Chairman, Board of Trustees of Egalitarian Mission for Africa, former National Secretary, Labour Party.

Accountability: Solution to Stop Incessant Killings and Violence

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igerians woke up on January 1, 2018, the start of the new year, to stories of slaughter and killings by nomadic herdsmen against farmer communities, taking place in Benue State. While people were still recovering from the shock, more reports trickled in about other attacks in other communities in the State. Killings in Taraba, Kaduna and Rivers State, only added more dead victims to the bloody week that was playing out. The killings in Benue State within the short period of time, were most horrific and the number of people that lost their lives was quite alarming. So far 73 bodies that were recovered, were offered a mass burial on 11 January, 2018 at a solemn ceremony held in Makurdi, the capital of Benue State, held to condemn the killings and offer a dignified funeral for the dead victims. Statistics Based on Crisis Group research into the incessant conflict between pastoralists (herders) and agrarian (farming) communities, about 2,500 people died in 2016. A review of media reports in 2017, show that at least 400 people were killed in these kinds of clashes across Nigeria. With more in-depth study, it is likely that the numbers are much higher. Looking at the number of those killed just in the first week of 2018 at 152 people across Nigeria, the situation has definitely escalated to a more dangerous level, which if not curtailed will have far-reaching consequences

on stability and protection of life and property in the country. While there have been reported clashes, reprisal attacks, which have led to deaths by both sides on this conflict; the evidence seems to show farming communities bearing the most casualties, especially as a result of the characteristics of the communities. Herders, normally rearing cattle are predominantly nomadic, moving from one area to the other, seeking vegetation for the cattle. Farmers are sedentary, owning and working on land for agriculture, and living within or near to their farmlands. A major allegation that has been levelled against the herders, is that they immediately move away from scenes of attacks, making it difficult to identify and track those who have committed these atrocities. The new year attacks were not a sudden occurrence. For many years, these clashes between herders and farmers have taken place. Between 2016 and 2017, Amnesty International observed that 17 (Abia, Adamawa, Benue, Cross river, Delta, Edo, Ekiti, Enugu, Kaduna, Kogi, Kwara, Nasarawa, Niger, Ogun, Plateau, Taraba, Zamfara), out of the 36 States in Nigeria experienced violence as a result of clashes between herders and farmers. While some have argued that this is not a communal clash due to the distinct nature of the two groups, and the fact that some attacks have been isolated without any link to previous contestation; However, the kind of inter- communal violence in each State in Nigeria also differs, depending on which region they are located. The North-Central region (also known as Middle Belt region), where Benue is located, experiences more clashes than the South-West region for example.

“THE RECENT KILLINGS, SHOW THAT THE SITUATION HAS PERSISTED AND APPEARS TO BE APPROACHING ANARCHY, BECAUSE THE GOVERNMENT AND SECURITY FORCES HAVE STRUGGLED TO DO LITTLE OR NOTHING TO PREVENT, INVESTIGATE, OR HOLD PERPETRATORS ACCOUNTABLE”

Some Reasons for Clashes Several reasons may be adduced for these herdsmen and farmers clashes. Some opinion leaders have argued that it is a fight for territory, control of land, and access to land and water resources. Herders need water and grass for their cattle, farmers within the different State boundaries, plant their seeds hoping for a good harvest. That will not happen, if cattle run into their farms, eat their budding crops and greatly reduce their chance of reaping crops atm harvest time. On both sides, it is a question of livelihood, economic survival and access to resources. For herdsmen, their approach to cattle rearing, follows traditional routes their ancestors have followed to rear their cattle, thereby creating a tension with more sedentary CONTINUED ON PAGE 11

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Fulani Herdsmen: Curtailing a National Malaise

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Historical Evidence t is indeed a very sad commentary on the state of our contemporary union, that we continue to have these deadly clashes between the pastoralists and farmers in Nigeria. There is abundant historical evidence, to suggest that while there have been disagreements between farmers and herders, it never escalated to the point of wide scale violence. It is also confirmed that any such disagreements were swiftly settled and the symbiotic relationship continued . Farmers and herdsmen have cohabited cordially for ages, and in some situations, there were in fact inter-marriages and cross-migration, especially as the Fulanis had a talent for acquiring local languages with ease and played significant roles in the community as in the Fulani man who was elected into the Eastern House of Assembly. As a matter of fact, violent exchanges between farmers and herdsmen has a very short history of about 20 years. Indeed, in the North and the South, there was a standing protocol of mediation for the settlement of any issues which may arise. This system worked fairly well in the past, until desertification triggered by climate changes created enormous pressures on pastures for the herds. Unfortunately, State policy has not been dynamic enough to take these changes into account, and to formulate a system that addresses the changes in demand and supply. Lack of Blue Print to Deal With Climate Change At this moment, Nigeria does not have a comprehensive blue print for dealing with climatic change, and the violent fights for grazing rights is a symptom of the absence or failure of policy. Seasonally, cattle move from the North to the South in search of pastures, and in the absence of a coherent policy by all tiers of Government, the problem of violent clashes will not just disappear and it will indeed, get worse, particularly when it is politicised. Different cultural systems and values have been responsible for the sharp differences of opinion in the activities of herdsmen . Some degree of herding goes on in the southern part of Nigeria on a small scale, as distinguished from the nomadic herders of Fulani stock who out of necessity, must move from place to place in search of pastures. Until recently, when desertification and climate change have increased the pressure on grazing grounds, and as a consequence of which the herdsmen have moved in bigger numbers to rich vegetation regions of the South. Nigeria does not produce enough animal protein, and the importance of the herdsmen in the protein supply chain cannot be overemphasised, but there has to be a delicate policy of balancing the interest of the farmer and the herder, such that in our quest for adequate protein supply, we do not trigger a food crisis when farmlands are trampled upon by the herds of cow. Violence: Lack of Appropriate Response from Government It is also undeniable, that these violent clashes between farmers and indigenous population escalated when the cattle herders became more organised and confrontational. The initial objective was for the herders to have sufficient defences to deal with poachers and cattle rustlers, which unfortunately, has been extended to the local farming community. The available statistics show that these clashes have happened in largely agrarian com-

President Muhammadu Buhari

munities in the North and the South, and to which extent it is fair to hazard a guess that there is no ethno-religious dimension to the issue, other than the scramble for scarce resources which has taken a violent turn. Without desertification, the cattle will have remained in the North with sufficient pastures, and transported to the South for commercial purposes. In very many respects, the Government must share the blame for this state of affairs, for reason of the fact that in the vast majority of the cases, Government has not been proactive in terms of pre-empting the violent clashes which were bound to occur. The facts do not suggest any form of overt complicity in the conduct of the herdsmen or some criminal bandits acting in their name, but the slow reaction of the Government at condemnation and prosecution is deplored, to the extent that some of the people responsible have been identified in the series of massacres and they have not been arrested. The lack of prosecution in the face of overwhelming evidence is difficult to comprehend, and therein lies the genesis of the notion that Government is in tacit support of the excesses of the herdsmen. The origin of that opinion is connected to the fact that in October 2000, the current President led a delegation to the then Governor of Oyo State , Late Alhaji Lam Adesina, to protest in very strong terms the clash between some herdsmen and farmers in Saki, Oyo State, which resulted in the death of about 67 persons. It is not clear in what capacity the President made the visit then, but the alleged perpetrators of the crime were released, and it is common knowledge that General Buhari (as he

then was), was a grand patron of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN). This remains the only instance in recent memory, where violent clashes occurred and the matter was laid to rest until the latest bloodletting. It can be argued that there is nothing wrong in acting as a grand patron of an association, but where such patronship gives rise to a conflict of interest , the President is under a constitutional duty to publicly and unequivocally condemn the actions of the association and take decisive steps against them . It is to be noted that, the President like most Fulanis, are cattle farmers as hobby and for revenue purposes. These facts have been in the public domain for some time, and should have informed a more vociferous and proactive reaction to the events in Benue this year, and some other locations in the last two years. The Government position on such a violent threat to State security, has not been helped by the vacillating position it has adopted on the issue. For several months, the official position was that these are not herdsmen, but marauders from neighbouring countries who have taken advantage of our porous borders to cause mayhem and carnage. The narrative was a half clever attempt, to divert the attention from the failure to address an incipient problem, and in the process, Government forgot to acknowledge that the primary duty of Government, is to protect its citizens from any form of attack, either local or foreign. It is on record that, the Governor of Kaduna State paid appeasement and protection money to the marauders domiciled in a foreign country.

“THE LACK OF PROSECUTION IN THE FACE OF OVERWHELMING EVIDENCE IS DIFFICULT TO COMPREHEND, AND THEREIN LIES THE GENESIS OF THE NOTION THAT GOVERNMENT IS IN TACIT SUPPORT OF THE EXCESSES OF THE HERDSMEN�

Appeasement, is a wrong approach to the problem. Government should never by its complacency, allow any citizen to take the law into its hands and the indifference in allowing a criminal matter to fester to the point where the legislative authority of a component of the Federation is so brazenly challenged, as in the case of the anti-open grazing law of the Benue State House of Assembly. The herdsmen should be encouraged to challenge the law if indeed, they are convinced that their constitutional right to work and move freely, has been breached. It is easy to conjecture that any such challenge will fail, because it is a fairly well established principle in our jurisprudence, that where a legislative body has followed due process in enacting a law and acted within its powers as contained under the schedule of the Constitution , then the courts are obliged to uphold such a law as having been validly enacted, particularly if the purpose is to protect lives and properties within his domain, and it is the duty of all agencies of Government to enforce same. A similar law is in existence in Ekiti State, and it has not generated as much tension as the Benue State law. This is difficult to understand, but it is important to note that the States are controlled by an opposition party and the ruling party. I am personally unimpressed that it had to take a presidential directive for the IGP to relocate to Benue State, because he did not need such a directive to discharge and live up to his constitutional obligation to protect lives and properties anywhere in Nigeria . These violent acts have occurred with regular frequency in the last three years, and the Government and security agencies, have always been caught flat footed. Government is applauded when it manages to prevent the commission of a crime, and is to be condemned when crimes occur on such frequent basis as we have seen in the case of the constant and almost predictable violence between farmers, indigenous people, and herdsmen. It often has been the case, that security agencies react after the act has been completed and this leaves a lot to be desired. Security services should devote more resources to gathering of intelligence and pre-empt these attacks before they occur. The degree of opposition to the anti-open grazing law in Benue State, should have put the security services on alert about an imminent attack. On many fronts, there has been a failure of intelligence, and indeed the response to attacks have been lukewarm and lethargic, such that the IGP will await presidential directives to curtail ongoing violent and coordinated attacks. The Government should never under any circumstance, permit any group of persons outside the security agencies to bear arms, and the origin of AK 47’s in the hands of herdsmen is quite worrisome and the disposition to use it has been quite high, because of the very fragile state of our ethnic and religious relations . Policy Initiatives The outcome of these internecine conflicts of this nature are quite difficult to predict, but there are some short term policy initiatives which could be undertaken, to ensure that it does not spiral out of control. Government should encourage the parties to understand that herding like farming, is a business for which investments must be made. It is beyond argument, that you cannot grow your business by trampling on the business CONTINUED ON PAGE 11

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FULANI HERDSMEN: CURTAILING A NATIONAL MALAISE of others . Herdsmen and their owners, should be prepared to negotiate for grazing rights within a community, and pay a premium for it. In Nigeria, there is very sentimental attachment to land as a unit of production, but under the Land Use Act, the Governors under the aegis of the Council of States, can be persuaded to provide herders with tracts or hectares of land around fertile areas at a discount, to enable them herd their cows without damaging farm produce. The practical difficulty in this option, is the unwillingness of the herdsmen to pay for such an investment . Government has often assisted farmers with land and also provided them with seedlings, construction of irrigation dams, and sometimes provided subsidised fertilisers, but the farmers have to pay for it. Similarly, the Government is encouraged to provide an enabling environment for the livestock business to thrive, and could go further by making it mandatory for the live stocks to be insured to ameliorate the rage often associated with stolen live stock, cow rustlers and the vagaries of climate change. It is extremely sad that routine disagreements between farmers and herdsmen over grazing rights, have led to such wanton destruction of property, while the Government plays ostrich. Ultimately the solution to this crisis, is not to wait for another mayhem and preach platitudes, but to consciously initiate policies and programmes which recognise climatic and demographic changes. In the preceding months, several solutions have been suggested. The antiopen grazing system, is synonymous with ranching and the herders have not been able to advance cogent arguments against ranching cattle for better protein yield, as it is done in large beef producing countries of the world, other than a reluctance to pay for the land to herd the cattle in a confined space. Ranching has proven to be an acceptable global practice, that ensures the production of quality beef and milk, as against the nomadic movement of cows which results in emaciated cows having sojourned several kilometres in search of pastures and water. It is to be recognised that societies and people are often lethargic to change, and the role of Government, is to drive that change by creating a

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commission to spur awareness and buttress the advantages of ranching. At some point, the Government was successful in creating curricula for the education of Fulani nomads who are constantly on the move. This policy should be rebooted and with increased education and awareness, the herders may begin to see the advantages of ranching. Recently the Minister for Agriculture introduced the lexicon of colony as a solution to this violence, and it is my view that the creation of colonies is not significantly different from ranching, save of course in the fact that colonies will have to be created by Government over a larger areas of land, while ranching entails the purchase and maintenance of ranches by herders or their owners. Under the existing legal framework of the Land Use Act, the Governors are still central to this solution, but as highlighted earlier on the sentimental attachment to land, this may prove a serious handicap in the creation of colonies. It is easier to alienate land for ranching purposes, as against the creation of a colony where legal interest in the colony is retained by Government, for the ultimate benefit of private persons who may not be indigenous to the community. It could in fact, become a campaign issue against any Governor who appropriates land for private purposes, as against the express provisions of the law that land can only be acquired for overriding public interest. See CHIEF R. O. NKWOCHA v GOVERNOR OFANAMBRASTATE (1984) SCNLR 634 . Allocation of land to herders for grazing cannot qualify as overriding public interest, and the use of the word ‘colony’ or colonise could in itself be problematic for local sensibilities. To make it easier, the Federal Government may elect to buy the colonies (land) outright from the States. In addressing these issues, there are no easy options , but Government is encouraged to recognise demographic and climatic change, and come up with a comprehensive policy which harmonises the interest of the farmers and the herders. The Government should also recognise that, there are criminal elements involved in the quest for grazing rights who pillage and loot, and Government should be alive to its

Inspector General of Police, Ibrahim Idris

constitutional responsibility by preempting attacks before they occur, and deal decisively with the perpetrators. On grounds of social welfare, the Government should institute in the short term, a scheme to compensate farmers and herders who may have lost their farm produce or herds due to the activities of rustlers or uncontrolled grazing. It is extremely urgent that the Government or the National Council of States, come up with a well-articulated policy along the lines suggested, before the matter assumes a dangerous ethno-religious dimension even as the general elections looms. It will be a foreseen and unmitigated disaster. Chuks Nwana, B.Sc, LLM, FCIarb (UK), Legal Practitioner, Lagos

“IT IS BEYOND ARGUMENT, THAT YOU CANNOT GROW YOUR BUSINESS BY TRAMPLING ON THE BUSINESS OF OTHERS . HERDSMEN AND THEIR OWNERS, SHOULD BE PREPARED TO NEGOTIATE FOR GRAZING RIGHTS WITHIN A COMMUNITY AND PAY A PREMIUM FOR IT”

ACCOUNTABILITY: SOLUTION TO STOP INCESSANT KILLINGS AND VIOLENCE CONTINUED FROM PAGE 9 communities who have secured their lands based on their own historical ties to the land. The increase in the attacks in the last years, can also be linked to effects of climate change with drought and other causes reducing the amount of vegetation these routes provide, leading to further incursion to other areas. Cattle rustling or theft of cattle, has also contributed to the distrust within the communities, and led to use of violence to settle real and perceived threats. An emerging trend, is the use of arms to settle quarrels. With the attacks in Benue and other parts of the country, we are seeing an increase in the use of weapons indiscriminately and with impunity. In addition to killings, other violence has been recorded, such as maiming, threats, burning of houses, and rape of women and girls. Thousands of people have been internally displaced, increasing the number of IDPs in the country. The cost of the inter-communal violence is high. The value and quality of life in affected communities, is directly affected with people living in fear of being attacked. Socio-economic opportunities are limited, as destruction of property goes unpunished and peoples’ livelihoods are threatened. Both sides have each indicated that they made complaints to law enforcement agents, when they experienced

a wrong or when a community member was killed. However, no one has ever been held to account for the many murders committed in these conflicts. If there have been successful investigations and prosecutions of these alleged complaints, the results are not visible, and the kind of intervention the Government of Nigeria has consistently applied, is to visit affected areas and issue proclamations condemning the attacks. Need for a Plan In December 2017, the Government initiated a series of national consultations to find a long-term solution to the conflict in Nigeria. While Nigerians and the international community wait for the results of these consultations, one thing is clear, a plan must be put in place, to prevent these attacks from happening in the first place, as a shortterm measure. The new year killings, show that the perpetrators believe they are above the law. In order to address this, the Government needs to take steps to end the clashes when they are occurring, apprehend the perpetrators, and prosecute them and their sponsors where applicable. The killings are not only murder, they are a violation of a person’s right to life as provided in Section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 and Article 6 of the International Covenant

on Civil and Political Rights (ICCPR). The Nigerian Government therefore, has international obligations to respect and protect the life and ensure the security of every person within its territory. Recommendations To the Nigerian Government to ensure that r )VNBO SJHIUT BCVTFT DPNNJUUFE by herders or farmers or other State or non- State actors in the bloody violence in Nigeria, are investigated. r .FBTVSFT JO QMBDF UP QSPWJEF effective policing and security, to prevent future attacks in targeted areas and secure fragile areas r *OWFTUJHBUJPOT BSF DBSSJFE PVU promptly into allegations of human rights in all situations, with a view to bringing perpetrators to justice r 1PMJDJOH QSPDFEVSFT BSF SFGPSNFE to comply with the UN Basic principles on the use of force and firearms by law enforcement officials, and ensure that when the military are deployed for policing duties that they apply these principles r "EFRVBUF SFQBSBUJPOT GPS UIF victims of this violence, including the families of those killed. r $POàEFOUJBM NFBOT PG SFQPSUJOH allegations of the violence including gender sensitive approaches, are adopted to support reporting of all

violations as a result of the clashes. r "EFRVBUF SFTPVSDFT àOBODJBM BOE human) are made available to the respective justice institutions, in order to enhance their function and effectiveness. r 8IFSF DPNQMJDJUZ JO UIF WJPMFODF is alleged as a result of action or inaction of security agencies, that proper investigation and disciplinary measures are taken. Conclusion The recent killings show that the situation has persisted and appears to be approaching anarchy, because the Government and security forces have struggled to do little or nothing to prevent, investigate, or hold the perpetrators accountable. In order to stop this worsening situation from further deteriorating and compounding the already fragile stability in the region, urgent and practical steps must be taken to entrench a culture for the respect of law and order and resource a justice system. Note: As at 12 January, 2018, preliminary investigations by Amnesty International show that in 2018, the following people have been killed in Benue (80), Taraba (66), Adamawa (5) and Ondo (1) as a result of herdsmen and farmers clashes. Ossai Ojigho, Director, Amnesty International, Nigeria

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16.01.2018

Domestic Violence: Corporate Governance Implications Adesola Falaiye in this article, examines the evil of domestic violence as it extends to work life and the work place of victims, its consequences on output for instance, proffering solutions to companies on how to educate staff on the issue, how to recognise that it may be happening to female staff and how to minimise its negative effects in the work environment

D Introduction

omestic violence (DV) is a complex social issue with far-reaching health, legal, and economic consequences. It has been increasingly recognised that the effects of domestic violence, extend beyond the domestic sphere and into the work lives and workplaces of victims. Domestic violence (also named domestic abuse, battering, or family violence), is a pattern of behaviour which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It is a pattern of coercive and assaultive behaviours that include physical, sexual, verbal, and psychological attacks and economic coercion that adults or adolescents use against their intimate partner. Corporate governance on the other hand, is the system of rules, practices and processes by which a company is directed and controlled. Corporate governance essentially involves balancing the interests of a company's many stakeholders, such as shareholders, management, customers, suppliers, financiers, government and the community. How Domestic Violence Operates Domestic violence and abuse can either be physical or psychological, and it can be perpetrated on anyone either actively or passively. It is a problem often overlooked, excused, or denied; especially when the abuse is psychological or emotional, rather than physical. Domestic abuse often escalates from threats and verbal abuse, to violence. While physical injury may be the most obvious danger, the emotional and psychological consequences of domestic abuse, are also severe. Emotionally abusive relationships can destroy someone’s self-worth, lead to anxiety and depression, and make one feel helpless and alone. The first step to get solution and ending it, is to recognise and acknowledge the abusive situation. Domestic violence is mainly used, for the purpose of gaining and maintaining total control over another. Fear, guilt, shame, and intimidation amongst others are used to keep the victim under control. The abuser may also threaten to hurt, actually hurt, or hurt the loved ones of the victim. Please note that domestic violence and abuse, could happen in any relationship set up; different types of marriages/ partnerships, within all age ranges, ethnic backgrounds, and economic levels. While women are more commonly victimised, men are also abused, especially verbally and emotionally. There was no help for women abused pre-1970s, because domestic violence was seen as a private matter and not a matter for public concern. This notion changed in the 1970s, and domestic violence moved into the public concern and was recognised around the world, as a violation of fundamental human rights as women got more involved in participation in economic and social activities and acts of violence became apparent. It is usually (wrongly) assumed that unemployed women, who lack economic freedom, are more likely to be exposed to domestic violence. On the contrary, any woman regardless of education, seniority in the business world and social status, could be victims of physical and emotional violence; they may fear to talk about it and ask for help due to cultural norms, shame or self- blame. Employment and growth opportunities, may present unintended negative consequences in the lives of women who gain access to resources, which may threaten husbands who prefer complete control over the household. In response, such husbands may attempt to regain control over the household resources through domestic violence. Theoretical household bargaining models, show how a woman’s access to economic opportunities can either decrease or increase violence, depending on her initial level of bargaining power. A woman’s outside option – the utility she would have if she left the marriage – is a key determinant of this bargaining power; female work opportunities increase a woman’s bargaining power, by providing women the option to earn their own income if they leave the marriage. Consequences of Domestic Violence Although Domestic violence primarily occurs within the home and the immediate intimate relationships, the consequences extend far beyond the home and immediate

environment. It has political, social and economic consequences that affect prosperity, employment, work safety and job performance of the victim. The victim may suffer mental, physical, and emotional damage that could have a deleterious effect on the person’s ability to work, and cause a range of problems in the workplace. The domestic violence actions, are intended to sabotage victims’ ability to maintain successful employment. Such actions include controlling finances in such a way that the victim cannot afford necessities for work or transportation; physically threatening or restraining victims; perpetrators bringing their abusive behaviours to the victim’s workplace directly or indirectly, with the aim of disrupting operations or interfering with her ability to work; or showing up and stalking the victim while at work. The abuser could even sometimes violently attack their victims and their co-workers, while at work. Employers of such abused employees may experience problems and loss, directly or indirectly, resulting from the abuser’s action: Lost productivity, worker tardiness and absenteeism, disruptions and even acts of violence in the workplace against both the primary victim of the domestic violence and co-workers, all contribute to the financial and resource loss companies experience due to domestic violence. In summary, violence against women harms not only the women victims and their families, but also the businesses they are involved in and the country as a whole. Domestic violence may serve as an obstacle for women to be promoted to positions of decision making power, or discourage such women from setting high ambitions for their career, develop their full potential as workers, managers, professionals, and business leaders, and continue to participate in economic life during their active years. Sometimes though, domestic violence could enhance productivity, because the woman channels her energy into workplace productivity rather than wallow in the frustration of the home situation. We need to make it clear that domestic violence is a Corporate Governance issue! Businesses and economies are negatively affected by domestic violence, and this provides a basis for companies to take action individually or collectively, to minimise the negative effects of domestic violence. It causes disrupted work performance, and prevents stable career

“BUSINESSES AND ECONOMIES ARE NEGATIVELY AFFECTED BY DOMESTIC VIOLENCE, AND THIS PROVIDES A BASIS FOR COMPANIES TO TAKE ACTION INDIVIDUALLY OR COLLECTIVELY, TO MINIMISE THE NEGATIVE EFFECTS OF DOMESTIC VIOLENCE. IT CAUSES DISRUPTED WORK PERFORMANCE, AND PREVENTS STABLE CAREER GROWTH”

growth. Domestic violence discourages women’s willingness to compete on the same level with their counterparts, set ambitious goals for themselves, and commit to professional development. A domestic violence victim, may not be able to achieve workplace diversity and gender equality because their selfesteem is often deflated, and they may lose confidence in their ability to perform excellently. The result for businesses, is monolithic organisations that miss the benefits of diversity and lack full commitment of female professionals by reason of domestic violence. Solution Empowering women to participate fully and effectively in economic life, is essential for building strong economies, establishing just societies and improving the quality of life for all. Without radically improving the status of women around the world, it may not be possible to achieve internationally agreed goals for development, sustainability and human rights, as reflected in the United Nations’ Women Empowerment Principles ( UN WEP). Women’s right to live free from violence, is upheld by international agreements such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), especially through General Recommendations 12 and 19, and the 1993 UN Declaration on the Elimination of Violence against Women. UN Women works with countries and supports governments, in adopting and enacting legal reforms aligned with international standards. The United Nations has set the pace on business organisations’ involvement in the prevention of Domestic Violence, with the setup of instruments like “The Women’s Empowerment Principles”. These are a set of Principles for business, offering guidance on how to empower women in the workplace, marketplace and community. They are the result of collaboration between the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) and the United Nations Global Compact. The development of the Women’s Empowerment Principles, included an international multi-stakeholder consultation process which began in March 2009 and culminated in their launch on International Women’s Day in March 2010. The United Nations Women Empowerment Principles appeal to businesses and offer guidance on how to empower women in the workplace, marketplace and the community. “Principle 3” specifically addresses the moral duty of companies to safeguard health, safety and freedom from violence of women and invites the businesses to “strive to offer health insurance or other needed services, for survivors of domestic violence- and ensure equal access for all employees”. Signatories to UN WEP are additionally committed to providing safe working conditions, establish zero tolerance policy towards all forms of violence at work, respect workers’ rights to time off for medical care and counselling, identifying and addressing security issues, including the safety of women travelling to and from work, and training CONTINUED ON PAGE 13

16.01.2018

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief TOBI SONIYI Dear Counsel, What is the position of the law, where students and teachers engage in all sorts cheating in during examination? During the last West Africa Senior School Certificate Examination (May-June SSCE), many students came in with prepared answer sheets, and some had answered questions smuggled to them in the exam hall. All this happened in at least five of the papers, and the invigilators saw everything and did nothing about it. At the beginning of every paper, the invigilator would warn loudly before distributing the question papers, that anyone caught cheating would be handed over to the police, and there were actually four police men in uniform throughout the exams, but nobody was handed over. When I told my father, he said the invigilators may have been part of the arrangement, and warned me not to do anything about it or report to anybody, because it may put me in danger. But when the results were released recently, two of my papers, Economics and English were withheld. Is there a law against this? Why is cheating so rampant in the SSCE exams? B.O., Ebute Meta, Lagos. Dear B. O, The issue of cheating, especially in SSCE exams, has been a perennial one and one that has defied nearly every solution, including the introduction of the National Examination Council (NECO) by the Government. There are strong laws against cheating in WEAC exams; it is just that the rot in

the system, has made it possible for perpetrators to get away so easily. The West African Examinations Council Act Section 20 (Laws of the Federation), provides that “Leakage of examination papers, etc (1) Any person engaged in setting, moderating, revising, vetting, printing or in the collection, storage, distribution or custody of live question papers or instructions, or in making drafts or copies thereof or engaged as a supervisor, invigilator, attendant or other-wise howsoever who, before or during the period of an examination knowingly or recklessly and without being lawfully authorised so to do, discloses the contents of any such live question paper or instructions, or of any draft or copy thereof to any person (whether a candidate for that examination or not) shall be guilty of an offence and shall be liable on conviction to a fine of N2,000 or imprisonment for a term of five years or to both such fine and imprisonment. (2) Any person (whether a candidate at an examination or not) who knowingly makes use of the contents of any live question paper or instructions of any draft or copy thereof in any manner howsoever, and without being lawfully authorised so to do, shall be guilty of an offence and shall be liable on conviction to a fine of N2, 000 or imprisonment for a term of five years or to both such fine and imprisonment�. Your father should have lodged a complaint with the Police and the WAEC authorities, while the cheating was going on at that particular Centre. Exam malpractice is a criminal offence which attracts very stiff penalties, including being barred from taking further exams by the Council.

DOMESTIC VIOLENCE: CORPORATE GOVERNANCE IMPLICATIONS security staff and managers to recognise signs of violence against women. Nigerian companies that are signatories to the principles include, Access Bank Plc., AG Leventis, Centre for Ethics and Sustainable Development, Clintoy International Limited, Finesse Consults Limited, First Bank of Nigeria Ltd, Jurassic Homes and Properties Limited, LiveWell Initiative LWI, Skats Leadership Development Consult, Ltd., Skye Bank Plc, The Nigerian Stock Exchange. While commending the companies that have recognised the need for the women empowerment principles and have signed accordingly, there is a need to sign the principles en-masse. Also, there is a need for organisations to be dedicated to reducing the costs and consequences of domestic violence at work by providing businesses with policies and procedures to minimise and eliminating the economic and social costs of domestic violence. Companies should provide their employees with access to education and prevention materials via newsletters, electronic communications and other helpful services, to acquire knowledge about the signs of domestic violence, and learn where to find help if they are subjected to domestic violence. |To minimise or totally eradicate the occurrence and consequences of domestic violence, the following suggestions are proffered: r DPNQBOJFT TIPVME EFWFMPQ QPMJDJFT BOE QSPDFEVSFT UP

A Paralegal, an Associate, and a Partner of a prestigious law ďŹ rm are walking through a city park, and they ďŹ nd an antique oil lamp. They rub it and a Genie comes out in a pu of smoke. The Genie says, "I usually only grant three wishes, so I'll give each of you one." "Me ďŹ rst!" says the Paralegal. "I want to be in the Bahamas, driving a speedboat with Tom Cruise." Poof! She's gone. "Me next!" says the Associate. "I want to be in Hawaii, relaxing on the beach with a professional hula dancer on one side and a Mai Tai on the other." Poof! He's gone. "You're next," the Genie says to the partner. The Partner says: "I want those two back in the oďŹƒce after lunch." ˞˞˞ A Defendant was on trial for murder in Philadelphia. There was strong evidence indicating guilt, but there was no corpse. In the defence’s closing statement, the lawyer, knowing that his client would probably be convicted, resorted to a trick. "Ladies and Gentlemen of the jury, I have a surprise for you all," the lawyer said, as he looked at his watch. "Within one minute, the person presumed dead in this case will walk into this courtroom." He looked toward the courtroom door. The jurors, somewhat stunned, all looked on eagerly. A minute passed. Nothing happened. Finally the lawyer said, "Actually, I made up the previous statement. But you all looked on with anticipation. I, therefore, put it to you that there is reasonable doubt in this case as to whether anyone was killed, and insist that you return a verdict of not guilty." The jury, clearly confused, retired to deliberate. A few minutes later, the jury returned and pronounced a verdict of guilty. "But how?" inquired the lawyer. "You must have had some doubt; I saw all of you stare at the door." Answered the jury foreman: "Oh, we did look. But your client didn’t."

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manage the negative consequences of domestic violence without causing difficulty for the victim. r 7JPMFODF BHBJOTU XPNFO JT B WJPMBUJPO PG IVNBO rights. Companies should develop programs involving all employees, to create awareness around the general perception of violence, and for the empowerment of the female workers. r )3 EFQBSUNFOUT TIPVME CF USBJOFE UP CF BUUFOUJWF UP domestic violence signs, and be sensitive and sympathetic enough and offer support to such women either within or through outside professionals. Companies may include psychological counselling to the workers’ health benefit plans. r $PSQPSBUF (PWFSOBODF CPEJFT MJLF UIF "$(1/ DPPQFSBUJPO between companies and institutions, in working against domestic violence is crucial. One approach is to establish a common platform under the leadership of business organisations. r -BCPS 6OJPOT BSF UIF NPTU BDUJWF QMBZFST XIFSF DPMlective bargaining process is used to provide support and protection to female workers. r %FWFMPQJOH BOE BEPQUJOH QPMJDJFT BOE QSPDFEVSFT UP address the issue in a consistent and systematic way. r $SFBUJOH BO FOWJSPONFOU BOE DVMUVSF UIBU JT FHBMJUBSJBO and intolerant to violence.

r 1SPWJEJOH GPSNBM TVQQPSU BOE BTTJTUBODF UP EPNFTUJD violence victims. r 8PNFO UIBU IBWF FYQFSJFODFE BOE PWFSDPNF EPNFTUJD violence and are successful, should mentor younger ones whether in domestic violence situations or not. r "DUJWF DPMMBCPSBUJPOT CFUXFFO DPNQBOJFT BOE JOTUJUVUJPOT in working against domestic violence. r -PPLJOH PVU GPS TUBGG HPJOH UISPVHI EPNFTUJD WJPMFODF should be viewed seriously as part of company’s welfare policy. r 5IFSF TIPVME CF NBTTJWF BDUJWF DBNQBJHOT JO MJOF XJUI UIF 5VSLFZ i#VTJOFTT 8PSME BHBJOTU %PNFTUJD 7JPMFODFu r 8PNFO OFFE UP CF TVQQPSUFE XJUI BGĂ SNBUJWF BDUJPO for example by the development and implementation of guides like the “Business Against domestic violence Policy %FWFMPQNFOU BOE *NQMFNFOUBUJPO (VJEFu JO 5VSLFZ r "MM TUBLFIPMEFST NVTU SFTPMWF UP QSFWFOU WJPMFODF BU home and ensure that victims are protected and desensitised of the trauma. r $PVOTFMMJOH TFSWJDFT TIPVME CF QSPWJEFE CFGPSF EVSJOH and after the marriage through workshops/seminar and empowerment training for women to be self-reliance. r 8IFSF BMM IFMQ BOE TPMVUJPOT GBJM UIF WJDUJN TIPVME know when to take a walk alive. Adesola Falaiye, Ph.D, Lagos

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16.01.2018

An Analysis of Judicial Approach to Disputed Debts in Winding-Up Proceedings Dr. Kubi Udofia, in this article, analyses the judicial attitude in Nigeria to disputed debts in windingup proceedings, examining what constitutes a disputed debt in the eyes of the Court

A Introduction

company may be wound up for its inability to pay its debts: section 408(d) of the Companies and Allied Matters Act, 1990 (CAMA). Under section 409(a) a company shall be deemed to be unable to pay its debt, if it owes a sum exceeding NGN2,000 which is due, and has failed to repay three weeks after the creditor had issued a statutory demand for payment. It is not uncommon for companies faced with winding-up petitions, to dispute the alleged debts. This article analyses the judicial attitude in Nigeria to disputed debts. Disputed Debts in Winding-Up Proceedings Where a respondent in a winding-up proceeding bona fide disputes the debt on genuine and substantial grounds, the court will typically dismiss the petition: PARMALAT CAPITAL FINANCE LTD v FOOD HOLDINGS LTD (2008) BCC 371 at 374; Alipour v Ary (1997) 1 WLR 534 at 546A-B. The dismissal of petitions founded on disputed debts, is premised on at least three grounds. Firstly, the wordings of section 409(a) of CAMA indicate that only a creditor has the locus standi to present a winding-up petition. Where a petition is based on a disputed debt, the petitioner is not a “creditor” as envisaged in section 409(a): HANSA INT’L CONSTRUCTION LTD v MOBIL PRODUCING NIGERIA (1994) 9 NWLR (Pt 366) 76 at 87A-D; In Re Bayoil S.A. (1999) 1 WLR 147 at 150F-G. In WEIDE & CO (NIG) v WEIDE & CO HAMBURG (1992) 6 NWLR (1992) 6 NWLR (Pt 249) 627 (640H), the petition was based on a debt which the respondent denied owing. Having failed to prove the existence of the debt, the court held that the petitioner did not qualify as a creditor. In IN RE JN 2 LTD (1978) 1 WLR 183 (188C-D), Brightman J. explained that the dismissal of a winding-up petition was premised on the ground that the petitioner ought to first establish his right to present the petition before doing so. Secondly, the Federal High Court (FHC) does not have jurisdiction to determine the existence of a simple debt. Exclusive jurisdiction is vested in the High Court of the appropriate State: WEIDE & CO (NIG) v WEIDE & CO HAMBURG (supra) at 641-2H-A. Hence, courts would not allow a winding-up petition to be used in deciding a disputed debt: GLAXOSMITHKLINE EXPORT LTD v UK (AID) LTD (2003) 2 BCLC 351 at 353. A prospective petitioner whose debt is bona fide disputed ought to seek remedy in an action for debt recovery to establish the debt owed before filing a winding-up petition against the debtor: PHARMA-DEKO PLC v FDC LTD (2015) 10 NWLR (Pt 1467) 225 at 252C-E;

AIR VIA LTD v ORIENTAL AIRLINES LTD (2004) 9 NWLR (Pt 878) 298 at 342B-C. Thirdly, recovery of a debt is not a relief that can be sought in a winding-up petition pursuant to sections 408(d), 409(a) and 410(1)(b) of CAMA. The relief available in a winding-up petition is the winding-up of a company on account of inability to pay debt: ORIENTAL AIRLINES LTD v AIR VIA LTD (1998) 12 NWLR (Pt 577) 271 at 281B-C. Accordingly, courts would not permit winding-up proceedings to be used as a means of pressurising respondents to pay disputed debts: ORIENTAL AIRLINES LTD v AIR VIA LTD (supra) at 281D, 280H, 281D. In Hansa Int’l Construction Ltd v Mobil Producing Nigeria (supra), the petition was founded on an amount which the petitioner alleged it unilaterally expended and from penalties unilaterally calculated by the petitioner. Upon the respondent’s denial and counterclaim, the petition was dismissed on the ground that the debt was founded on an alleged breach of contract and clearly sounding in damages and disputed (at 86B-C, D-E, 87B). An additional reason often given for dismissal of petitions founded on disputed debts is the adverse effect on the respondent. Winding-up proceedings may paralyse a respondent’s business and severely injure its reputation. In IR VIA LTD v ORIENTAL AIRLINES LTD (supra) at 327G-H; TATE INDUSTRIES PLC v DEVCOM MB LTD (2004) 17 NWLR (Pt 901) 182 at 225B-E; PARMALAT CAPITAL FINANCE LTD v FOOD HOLDINGS LTD (supra) at 374E-F and ORIENTAL AIRLINES LTD v AIR VIA LTD (supra) at 280H, the courts acknowledged the fact that filing winding-up petitions, could put undue pressure on respondents to pay disputed debts rather than risk the adverse consequences. The shortcoming of the additional reason, is that injury may be caused to the respondent by merely filing a winding-up petition, notwithstanding its subsequent dismissal. The knowledge of the existence of the winding-up petition, may deter dealings with the respondent, given that transactions may be avoided pursuant to section 413 of CAMA. A subsequent dismissal of the petition by a court (without advertising same), may only limit the injury to the respondent. A party who is aware of an intention to file a winding-up petition against it (following the issuance of a statutory demand), may seek for an order of interlocutory injunction against the prospective petitioner: UBN NIGERIA LTD v TROPIC FOODS LTD (1992) 3 NWLR (Pt 228) 231 at 250B-C; CADIZ WATERWORKS COMPANY v BARNETT (1874) LR 19 Eq 182 at 194-196. What Constitutes a Disputed Debt? Whether or not there is a bona fide dispute on substantial grounds, will depend on the facts of each case. In all cases, there ought to be disputed questions of fact requiring oral evidence. In Tate Industries Plc v Devcom MB Ltd (supra)

at 225B-E, in response to a winding-up petition, the respondent claimed (i) it repaid most of the debt, (ii) part of the debt was waived, (iii) the parties were unable to work out the balance, and (iv) the petitioner had refused to give a statement of account of the outstanding debt. The court held that the debt was disputed. The petition in ONOCHIE v ALAN DICK & CO LTD (2003) 11 NWLR 9 (Pt 832) 451, was based on an alleged debt arising from retirement benefits. The respondent argued that (i) the petitioner had upon termination of his employment absconded with respondent’s properties worth millions, and (ii) there was no basis for determining how the appellant computed the alleged aggregate debt as retirement benefits. The petition was dismissed, on the ground that there was substantial dispute as to the alleged debt (461E). In HANSA INT’L CONSTRUCTION LTD v MOBIL PRODUCING NIGERIA (supra), the petition was based on a debt of NGN3.9million, which the petitioner alleged it unilaterally expended and from penalties unilaterally calculated by the petitioner. The respondent denied liability, on the ground that auditing was necessary and ongoing. The respondent also counterclaimed for over N5million from the same contract. The Court of Appeal upheld the dismissal of the petition, on the ground that the debt was founded on an alleged breach of contract, clearly sounding in damages and disputed (86B-C, D-E, 87B). Significantly, in Re Great Britain Mutual Life Assurance Society (1880) 16 Ch.D 246 at 253, Jessel MR stated as follows: ”...in my opinion it is not sufficient for the respondents upon a petition of this kind, to say, ‘we dispute the claim.’ They must bring forward a prima facie case which satisfies that court that there is something which ought to be tried, either before the court itself, or in any action, or by some other proceeding.” However, in AIR VIA LTD v ORIENTAL AIRLINES LTD (supra) at 325F-G, the Supreme Court rejected this approach, on the ground that the statement was merely persuasive and served no useful purpose given that it failed to give a clear illustrative example of how a

OF A RENEWED JUSTICE SECTOR, LAW, ORDER AND THE RULE OF LAW turned themselves into technicians spelling out the meaning of words, instead of being, as they should be, men and women of spirit and of vision, leading people in the way they should go, making the law fit for the times in which we live in. The belief that a big corporation can disobey court orders in the same manner as government, is a result of observable impunity. The reign of impunity is identified with low performing economies; it is the precursor of a breakdown of law and order. Even if justice is perceived as a commodity, it is not subject to “load shedding” like electricity. If justice must be for all, it cannot be rationed. Refrain from Denigrating Decisions of the Courts in Public Punditry in the law, has now become a lead pastime for some senior lawyers seeking

to subtly advertise expertise and relevance. Lawyers can and should air their views, when sought after. But reducing potential or ongoing legal disputes to debates on television for public entertainment, does violence to our dignity and huge disservice to the institutions that we serve. In truth, we have had several document driven reforms. We now have a new judicial or justice sector policy made by the judicature, and a Legal Practitioners Professional Regulation Bill. Although the Bill is expected to address the inadequacies in the legal profession and such other related matters, its fitness for that purpose is already being questioned in the legal community. Nigeria, consistently ranks low in the rule of law index of the World Justice Project. Over the years, the country has been unable to convert this intangible capital, the rule of

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law, to wealth. The time has come to uphold and promote the rule of law, and thereby defend national performance from further decline. After several years of indecision resulting in policy fluctuation, we have found ourselves in a critical situation that now requires urgent intervention. If we must return the justice sector to its befitting state, credible, purposeful and coordinated leadership in all the institutions of the justice sector, must be top priority. This can only be complemented by a clearly defined, broad and articulated policy direction, capable of inspiring a justice sector that is accessible and accountable, while at the same time transparent and respectable. Olasupo Shasore, SAN, former AttorneyGeneral of Lagos State, ALP (Litigation & Disputes)

“IT IS SUBMITTED, WITH RESPECT, THAT A MORE COHERENT APPROACH, WOULD BE FOR THE FACTS OF EACH CASE, TO DETERMINE WHETHER OR NOT A MERE DENIAL SUFFICES” party to a case can dispute a debt other than by denying it. The Supreme Court further held that a debt can only be disputed by denying or counterclaiming against it (324E-F, 325A-C, 326A- B). It is submitted, with respect, that a more coherent approach, would be for the facts of each case, to determine whether or not a mere denial suffices. A mere denial may suffice, where allegations are merely made in a petition without any documentary evidence, as was the case in AIR VIA LTD v ORIENTAL AIRLINES LTD (supra). However, where the petitioner has presented substantial documentary evidence to prove the existence of a debt, a simple denial of the debt ought not to suffice. The respondent ought to bring forward a prima facie case, which satisfies that court that there is something which ought to be tried, either before the court itself, or in any action, or by some other proceeding as suggested in Re Great Britain Mutual Life Assurance Society (supra). Curiously, this principle was applied by the Court of Appeal in DURUMUGO RESOURCES LTD v ZENITH BANK (2016) LPELR 40289 (CA) at 19-20E-C. Further, in DURUMUGO RESOURCES LTD v ZENITH BANK (supra) at 20C the court suggested that there should be evidence that the debt is disputed, after a demand letter is served. This flies in the face of the position in HANSA INT’L CONSTRUCTION LTD v MOBIL PRODUCING NIGERIA (supra) at 87E-G. In that case, the petitioner’s contention that it was too late for the respondent to dispute the debt, having not done so on receipt of statutory demand was held to be immaterial in determining the substantiality of the grounds of dispute. See also ONOCHIE v ALAN DICK & CO LTD (supra) at 457G, 461D. A creditor has a mandatory obligation, under section 409(a), to issue a statutory demand. An alleged debtor who does not admit an alleged debt, has no reciprocal obligation to respond to a statutory demand or dispute the alleged debt. Accordingly, the failure of a respondent to dispute a debt when a demand letter is issued, ought not to bar the respondent from subsequently disputing the debt in winding-up proceedings. However, where a respondent has expressly admitted a debt before the commencement of winding-up proceedings, the respondent may not be allowed to dispute same during the proceedings: FOLKSYNTHESIS LTD v GAP UMA (UK) LTD (2017) 8 NWLR (Pt 1566) 150 at 163H, 164B; I.T.I.V. LTD v ONYESOM COMMUNITY BANK LTD (2015) 17 NWLR (Pt 1487) 1 at 27. Dr. Kubi Udofia, Insolvency Law Expert and Senior Associate at Fidelis Oditah & Co.

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THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Criminal and Civil Liability in Cyberspace

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evelopments in the use of Modern means of electronic communication, has radically changed the dynamics of what can be classified as crime. Now more than ever, the internet has taken over almost every sphere of human activity and volumes of transactions financially or otherwise are carried out on the cyberspace. Owing to the continuous advancement of Information Technology (IT), the cyberspace has witnessed the growth of massive infraction from transactions conducted therein, which might give rise to criminal or civil wrong. Drawing a dichotomy on these infractions to attribute to an offender to make him liable criminally or otherwise in cyberspace, especially with the applicability of the “de diminis rule”, has resulted in a lot of legal debates. The consideration of these issues has given rise to the development of new criminal regimes across various jurisdictions; creating liability for certain activities in cyberspace. This column will attempt a perspective to this seeming confusion, especially with the abstract nature of criminalising offences in the cyberspace, and establishing criminal responsibility. It will also attempt to an overview of the extant legislation regulating the subject-matter in Nigeria. Criminal Liability Traditional Criminal laws were drafted without envisaging the emergence of trending activities in the cyberspace; therefore, the primary problem was the applicability of the existing legislations to cybercrime, and to what extent. It is now settled, that a crime is only a crime where it has been specifically written down and a punishment prescribed for such an offence. Section 36(12) of the 1999 CFRN. See AOKO v. FAGBEMI (1961) 1 ANLR 400. The realisation that traditional Criminal Laws were not sufficient to deal with cybercrimes, led to the development of several initiatives to address the issue; the most popular of them being the Council of Europe Convention on Cybercrime 2001 in Budapest, Hungary. The deliberations at this convention eventually led to the development of the Council of Europe on Cybercrime, which is a multi-lateral treaty that responded to the patent inadequacy of legislations criminalising certain activities occurring on the cyberspace. The Convention amongst other things, facilitated International cooperation in the prosecution of cybercrime. Following the example of the Council of Europe, many jurisdictions have since enacted legislations whose primary focus is on cybercrime. In Nigeria, the National Assembly in 2015, took the initiative and proactively enacted the Cybercrimes (Prohibition, Prevention ETC) Act of 2015, specifically to address cybercrimes in the country.

information on a regular basis, and provide recommendations on issues relating to the prevention and combating of cybercrimes and the promotion of cyber security in Nigeria. One concern which can be deduced from these numerous bodies created under the Act, is that it will create an overlap in the exercise of their functions, and may result in duplicity which might engender confusion. The primary organ for the enforcement of the Act is the office of the NSA, who shall provide support to all relevant security, intelligence, law enforcement agencies and military services to prevent and combat cybercrime in Nigeria. Interestingly, the Act also provides for the establishment and maintenance of the following (a) National Computer Emergency Response Team (CERT) and (b) National Computer Forensics Laboratory. The Functions of these bodies are not provided for, and it is quite confusing; their role in the prohibition and prevention of cybercrime in Nigeria. Overview of the Nigeria Cybercrimes Prohibition Prevention Act 2015 Objective of the Act As stated earlier, the Cybercrime Act is the extant principal statute regulating cybercrime in Nigeria. The objective of the Act, is to ensure the protection of critical national infrastructures and promote cyber security and the protection of computer systems and networks, electronic communications, data and computer programs, IP related issues, etc. One of the most outstanding provisions of this piece of legislation, is perhaps, the establishment and protection of Critical National Information infrastructure (CNII). Part 2 of the Act The Act provides in Part 2, that the President may by way of an Order, publish in the Gazette, designate Certain computer systems and/or networks, whether physical or virtual, and/or computer programs, computer data and/or traffic data vital to the country that the incapacitation or destruction of or interference with such system and assets, would have a debilitating impact on the security, national or economic security, national public health and safety or a combination of these matters as constituting critical National Information Infrastructure. Part 2 of the Act, equally makes provisions to the effect that the Gazette establishing the CNII may also prescribe guidelines for the protection, preservation and general management of the CNII. The CNII is not expressly defined in the Act, but confers powers on the President acting on the recommendation of the National Security Agency, to designate the Computer Systems or networks which would constitute CNII. This is a laudable approach, because technology advances at a very high speed and it is expected that the category of networks which constitute CNII may change rapidly, and therefore, requires swift legislative response by way of regulation which enjoys the status of subsidiary legislation, as opposed to waiting for the whole circle of legislative amendment before the National Assembly. This is very

“NIGERIA IS NOT A SIGNATORY TO ANY CONVENTION ON THE PREVENTION OF CYBERCRIME; THEREFORE, IT IS QUITE DIFFICULT TO DETERMINE HOW WE MAY BE ENTITLED TO MUTUAL LEGAL ASSISTANCE FROM ANOTHER COUNTRY"

fundamental to the extent that upon the emergence of new technologies which falls within the contemplation of CNII, the Commander-in-Chief designates same as CNII and therefore, gets the protection that such critical infrastructure should receive under the Act especially if such technology or technologies are critical to national security, public health or environment. Part 3 of the Act: Offences Also of immense importance is Part 3 of the Act which clearly defines the offences that can be committed in the Cyberspace. The offences are bifurcated into different headings (1) offences against the confidentiality, integrity and availability of Computer data and systems; (2) computer related offences; (3) content-related offences and (4) offences related to the infringement of intellectual property. These headings, encompasses sections which provide for various severe punishments for offences committed within the Cyberspace. One unique feature of this Act in typical Nigeria legislative regime, is that it is quite contemporary and makes sufficient provision for different forms of common cybercrimes. Albeit so, owing to the dynamic nature of the cyberspace and the fast emergence of new criminal mechanisms, these offences created under it may soon become obsolete. Hence, the statute is expected to be as dynamic as possible, to keep up with the changing nature of cybercrime. However, it may still be entirely possible to draw parallels with existing crimes under other statutes or under civil liabilities, for which there are prescribed punishments. The Statute provides for duties of financial institutions, which are enjoined to verify the identity of customers carrying out electronic financial transactions, to apply the Know Your Customer (KYC) principle in carrying out documentation. Where a financial institution fails to properly identify its customer’s identity before executing any electronic instruction, commits an offence and shall be liable on conviction to a fine of N5, 000,000.00. Prosecution of offences created under the Act is vested in the relevant law enforcement agencies. However, in the case of the offences committed under Sections 19 and 21 of the Act, the consent of the AGF must be sought and obtained by virtue of Section 47(2) of the Act. The Act further establishes a Cybercrime Advisory Council, whose primary function is to create an enabling environment for members to share intelligence and

Jurisdictional Issue in Cyberspace The transformation of this specie of crimes, exposes several gaps in the substantive and procedural laws because one of the biggest problems with the application of the traditional criminal law concept to cyberspace, is the difficulty of establishing the proper forum. Cybercrimes, being sui generis in criminal jurisprudence, and because the theft offences are intangible, the issue of sovereignty and jurisdictional conflicts in borderless cyberspace, arise. Other considerations of jurisdiction, includes the anonymity that internet affords, in addition to the multiple locations that may be involved in committing a single offence. These issues present certain tough questions, which the drafters of our legislation failed to apply their minds to in enacting the law, such as cross-border jurisdiction and cross-border enforcement. One major concern with jurisdiction in this subject, is the dearth of both enforcement mechanisms and procedural law provisions. In an attempt to address these issues, the Council of Europe Convention on Cybercrime, provides for international cooperation between member States, and sets out the mechanisms by which parties to the convention will assist each other in investigating cybercrimes. The Convention, was the answer to the jurisdictional issues created by the evolution of the internet. Note that, one of the most fundamental tenets of criminal law, is that it is tied to national sovereignty. There is therefore, an obvious issue of jurisdiction and enforcement, given the global character of the internet vis-à-vis the national base exercise of criminal prosecution. Typically, in emerging legislations in this regard, the incorporation of reciprocity in tackling cybercrime amongst countries becomes paramount. However, in the absence of a soft law by way of an international regulation in a treaty or convention mandating compulsory cooperation, it may be difficult to enforce criminal jurisdiction in the changing era of international relations. In Nigeria, the Act merely provides for the AGF to make some rules as are necessary for the efficient implementation of the Act, including “mutual legal assistance”. How mutual legal assistance will be achieved, is a question for debate. Nigeria is not a signatory to any Convention on the prevention of cybercrime; therefore, it is quite difficult to determine how we may be entitled to mutual legal assistance from another country. It is at the prerogative of any neighbouring State to either cooperate or not.

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16.01.2018

Readings On Matrimonial Disputes Resolution In Nigeria Book Review Title: Editor:: Publisher: Date: Pagination: Reviewer:

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Readings On Matrimonial Disputes Resolution In Nigeria Professor Olusesan Oliyide TOG Publishers, Lagos September 2017 465 pages Dr. (Chief) Fassy A. O. Yusuf , LL.B(Hons.), BL, M.Sc., MBA, M.CAM, Ph.D, FIoD.

his book is in honour of one of the pioneer law teachers at Olabisi Onabanjo (Ogun State University), who is joining the Septuagenarian Club, Professor Mojisola Oluyemisi Ogungbe, nee Onalaja. The honouree started out life as a secondary school teacher and by Providence, she went ahead to secure first and second degrees in Law and equally enrolled as Solicitor and Barrister of the Supreme Court of Nigeria. She thus, secured the proverbial Golden fleece, which is a symbol of authority and kingship (queenship).” No wonder, she much later secured authority as a Law Professor, Dean and Queen of Law, and the “mother” of many Law students, teachers, and lawyers (including Senior Advocates of Nigeria and this reviewer). Edited by a the current Dean of Law at Olabisi Onabanjo University, Professor Olusesan Oliyide, the 465-page collection of Readings on Matrimonial Disputes’ Resolution in Nigeria in twenty chapters, is a monumental contribution to the body of knowledge on Alternative Dispute Resolution mechanisms and marital matters. The foreword is written by a legal colossus, an expert in Land law and someone who once traversed the OOU Law Faculty, Professor Oluwole Smith, Senior Advocate of Nigeria and currently of the Department of Private and Property Law, University of Lagos. An excerpt from his foreword: “The family is the nucleus of the society and was designed as the very institution through which God’s dominion and royal purpose for humans can be achieved on earth. The organic nexus between marriages and world order and progress, (which) is carefully discussed in virtually every chapter of the book . . . .” Characteristically, this seminal collection has a Table of Contents, Index consisting of Name and Subject Indexes, Table of Cases and Statutes, and List of Abbreviations. Readings on Matrimonial Disputes’ Resolution in Nigeria open with Legal and other Perspectives of Matrimonial Disputes and Resolution anchored by the Editor, Olusesan Oliyide, a Professor of Law and current Dean of the Law faculty of Olabisi Onabanjo University. His 54-page chapter approaches the topic from biblical, spiritual, moral and legal perspectives. A Don, Adewale Ismail Hassan of Adeleke University, discusses Domestic Violence as Key Aspect of Matrimonial Disputes in Chapter Two A product of OOU Law faculty, former Ogun State Commissioner for Information and a Fellow at the University of Lagos, Dr. Fassy Yusuf

handles Comparative Analysis of Marital Disputes Resolution Mechanisms in Chapter Three, while Marital Disputes Resolution under Customary Law is treated in Chapter Four by Professor Toriola Oyewo of Crescent University. Mrs. A. K. A. Kolawole of the Department of Private Law, Faculty of Law, Olabisi Onabanjo University anchors Chapter Five dealing with Marital Disputes Resolution under the Sharia. Human Rights Dimensions of Marital Disputes’ Resolution is handled by Dr. Oluwakemi Adekile of University of Lagos in Chapter Six. Abayomi Sogunle, senior lecturer with Olabisi Onabanjo University’s contribution in Chapter Seven is on Marital disputes resolution through mutual respect for Spouses’ rights. The Dean, School of Law and Security Studies, Babcock University handles Chapter Eight captioned Respect for Spouses’ Rights as model for marital disputes’ resolution. An Associate Professor with Olabisi Onabanjo University, Olanrewaju Oladokun Adeojo’s discourse in Chapter Nine is on Respect for Succession and Inheritance Rights in Customary Law as Matrimonial disputes’ resolution model. A distinguished Professor of Family law and presently the Head of Department of Public and International Law, Bowen University, Professor Mosun Imasogie, in Chapter 10, discusses Succession-related Matrimonial Disputes’ Resolution. Legal and other impacts of marital disputes on children of estranged marriages is covered in Chapter 11 and written by Adekunbi O. Johnson-Odusanya of Olabisi Onabanjo University. Chapter 12 by Dr. M. O. Oseghale of Ambrose Alli University deals with Applicability in Nigeria of International Legal Instruments

“THE INSTITUTION OF MARRIAGE SURELY NEEDS THIS BOOK, NAY THE CENTRE....THE BOOK IS A TIMELY, RELEVANT, EXPEDIENT, AND A WORTHY TESTIMONY TO THE WORKS OF PROFESSOR MOJI OGUNGBE. IT IS INDEED, A BEFITTING SEVENTIETH BIRTHDAY TO “MAMA LAW””

on the protection of the rights of the child. Admirably, but curiously, Architect Ohuntoluwase Oliyide has a unique contribution! Her contribution is to be found in Chapter 13 with the title Conducive Physical Home Planning and Management as marital disputes resolution model. Mrs. Oluwakemi Amudat Ayanleye of the Faculty of Law, Olabisi Onabanjo University deals with Marital Disputes Resolution in Nigeria: Practice and Procedure in Chapter 14. A Judge of the Ogun State Judiciary, Justice Sonia Akinbiyi’s chapter on Approach of Nigerian Courts to Matrimonial Disputes Resolution is the fifteenth contribution. Alternative Disputes’ Resolution as a Model for Marital Disputes Settlement in Chapter 16 is delivered by O. A. Leigh of Olabisi Onabanjo University’s Faculty of Law. Gbade Akinrinmade of Olabisi Onabanjo University in Chapter 17 discusses Contemporary Distractions in Marriages and their Social Impact. ATUMP (the acronym for Agreement, Tolerance, Understanding, Maturity and Patience) as Inviolable Marital Disputes Resolution Model is Olusegun Osinibi’s treatise presented in Chapter 18. Mr. Idowu

Adegbite, Associate Professor and immediate past Dean of the Faculty of Law, Olabisi Onabanjo University’s contribution is the Challenges and Prospects of Marital Disputes Resolution and it is the nineteenth chapter of the book. The last contribution, which is Chapter 20 of the book is titled Recommendations for the Reform of Matrimonial Disputes Resolution Laws in Nigeria and is contributed by Professor Damilola S. Olawuyi of Afe Babalola University and Abimbola Olawunmi of Afe Babalola & Co. The institution of marriage surely needs this book, nay the centre. However, like any human endeavour, there are some areas in the book that require attention and brush- up. A common fallacy in Nigeria, is to combine USA English with UK English. Wrong! They are not to be used interchangeably. Nigeria adopts UK English and writing for a Nigerian audience, requires only the use of UK English. Other typographical errors should be addressed. The book is a timely, relevant, expedient, and a worthy testimony to the works of Professor Moji Ogungbe. It is indeed, a befitting seventieth birthday to “Mama Law”. Chief Fasdy Adetokunboh Yusuf, Ph.D.

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Tackling Herdsmen/Farmers’ Clashes Jonathan Eze writes on the ranching option as a solution to the violent conflicts between nomadic herders and sedentary agrarian communities, which is threatening Nigeria’s security and stability Seventy three bodies of victims of Fulani herdsmen attack in Benue State were laid to rest in a mass burial service last week. The victims who died during the recent attack by Fulani herdsmen on villagers and farmers at Guma and Logo local government area of Benue State were buried on a site at the Industrial Layout along Naka Road in Makurdi. Thousands of Benue residents including the state governor, Samuel Ortom, trooped out to the funeral betraying deep emotions. These attacks have been condemned by Nigerians who are demanding that President Muhammadu Buhari, arrest and prosecute the herdsmen involved in the killings as well as pronounce herdsmen as a terrorist group. On the other hand, some subscribes to the idea of setting up of ranches. Whatever is the case, these conflicts between farmers and herdsmen increases in frequency, intensity and geographical scope, so does their humanitarian and economic toll. The increasing availability of illicit firearms, both locally-produced and smuggled in from outside, worsens the bloodshed. Tens of thousands have been forcibly displaced, with properties, crops and livestock worth billions of naira destroyed, at great cost to local and state economies. Some stakeholders have advised that President Buhari’s administration and affected state governments need to work together, taking immediate steps to shore up security for herders and famers, strengthening conflict-resolution mechanisms and initiating longer-term efforts to reform livestock management practices, address negative environmental trends and curb cross-border movements of both cattle rustlers and armed herders. Historically, during the dry season in Nigeria, herdsmen begin the long migration from the northern states to the country’s central region in search of grazing pastures for their cattle. It is usually a journey the herdsmen, often young boys, have been making for centuries. Following well-established routes, they often return to the same areas. But land that was once unclaimed and, therefore, free to graze on is now being farmed, frequently triggering clashes. These types of clashes between herdsmen and farmers are increasingly common in some parts of the country as the struggle over grazing rights and access to water becomes more acute. The violence is largely blamed on Fulani herdsmen, a semi-nomadic group who roam areas in West and Central Africa. However, in order to forestall the incessant attacks on the people, some state governors resorted to anti-grazing bills which make uncontrolled cattle rearing a criminal offence. According to the embattled governor of Benue State, Samuel Ortom, “The law on prohibition of Open Grazing and Establishment of Ranching was made out of the necessity to ensure that we have peace for herdsmen and farmers and that is what we have done. The law seeks to protect all and as I talk to you, except this Miyetti Allah Kautal Hore, who are instigating people to fight and to kill us, there are Fulani men in Benue State as I talk to you doing their businesses.� Meanwhile, the federal government has reaffirmed its plans to establish cattle ranches as lasting solution to the frequent clashes between herdsmen and farmers in Nigeria. The Minister of State, Agriculture, Heineken Lokpobiri, spoke at a one-day public hearing on a motion: “Tackling the Perennial Conflicts between farmers and cattle herdsmen�. The event, which was organised by the Senate Committees on Agriculture, and National Security and Intelligence, sought to proffer solutions to the frequent clashes. Lokpobiri, who represented the Minister of Agriculture, Audu Ogbeh, said constant problem between the Fulani herdsmen and communities was as a result of climate change resulting from global warming and

Herdsmen and their cattle desertification. He explained that herdsmen had no option than to migrate southwards to find pastures for their animals, which now faced starvation in the North. Lokpobiri said nomadic cattle rearing had become obsolete and this was why ranches were a necessity to provide adequate food to the cattle and forestall unnecessary clashes. He said that with ranches, the livestock would be healthier, more productive, while the herdsmen would avoid unnecessary attacks. The minister added that they would also be able to give their children opportunity to be educated. “Global warming, desertification and Boko Haram insurgency are some of the factors that forced the herdsmen out of the North down to the South to find grasses for their cows. “The problem happened in America many years ago and they resorted to ranches as a solution. “The nomadic nature of cattle rearing in Nigeria make the cattle less productive. In other countries, the cows do not move; they are kept in ranches and so they are very productive. “So, we have to give a new orientation to herdsmen for improved productivity. “They used to argue that nomadic cattle rearing is a tradition but we have to ask, as a tradition, is it profitable to the rearers; is it sustainable in the modern realities? “Traditions do change based on realities on ground,� Lokpobiri said. He said that while government planned to establish ranches, government would also tackle problems of climate change, global warming and desertification through the Green World Project. However, the herdsmen, under the Miyetti Allah Cattle Breeders Association of Nigeria, rejected the proposal of the government to establish cattle ranches but insisted on having grazing reserves and routes. The National Legal Adviser of the body, Bello Tukur, said that what they wanted was the establishment of grazing reserves and routes across the country. Tukur said some of the herdsmen already established ranches in their various areas of operations and there was no need for government to do same. In the same vein, members of the Ohanaeze Ndigbo, said that they were opposed to the bill in the House of Representatives seeking to establish grazing reserves and routes in

the country. They also expressed their total support for the establishment of ranches in the country as a means of ending the recurring conflicts between herdsmen and farmers. Mr. Paddy Njoku, who spoke on behalf of the President-General of Ohaneze Ndigbo, said that a cattle rearing was private business. Njoku said it was wrong for the federal government to propose to acquire people’s lands for grazing reserves, and urged the government to ensure cattle do not destroy farmlands. He called for the immediate resettlement and rehabilitation of the victims of the recent brutal attacks by herdsmen in parts of the country. Njoku said nomadic cattle rearing was obsolete and should be discouraged. At the occasion, representatives of the Tiv and Idoma nations in Benue, Southern Kaduna and the South-South regions all pledged support for the establishment of ranches. On his part, Deputy Senate President, Senator Ike Ekweremadu, was at the 2016 Convention of the World Igbo Congress held in New York, USA. Ekweremadu spoke on the menace herdsmen were constituting in various states in the country. He called on states affected to pass legislation restricting cattle rearing to modern ranches, while also setting up Forest Rangers to enforce such laws. He emphasised that every legitimate step must be taken to end the menace and avoid a dangerous situation where the people begin to resort to self-help. He also encouraged governments to go a step further to invest in constructing and leasing out modern ranches. Ekweremadu listed the benefits from doing this as: the production of healthier animals, production of better products, Provision of employment, added value to the farm products, promotion of peaceful co-existence, sifting of armed bandits and terrorists from real farmers doing legitimate business. To tackle this crisis headlong, it has been suggested that governments and security agencies sustain campaigns against cattle rustling and rural banditry; improve early-warning systems; maintain operational readiness of rural-based police and other security units; encourage communication and collaboration with local authorities; and tighten control of

production, circulation and possession of illicit firearms and ammunition, especially automatic rifles, including by strengthening cross-border cooperation with neighbouring countries’ security forces; “Establish or strengthen conflict mediation, resolution, reconciliation and peace building mechanisms: this should be done at state and local government levels, and also within rural communities particularly in areas that have been most affected by conflict; “Establish grazing reserves in consenting states and improve livestock production and management in order to minimise contacts and friction between herders and farmers: this will entail developing grazing reserves in the ten northern states where governments have already earmarked lands for this purpose; formulating and implementing the ten-year National Ranch Development Plan proposed by a stakeholders forum facilitated by the UN Food and Agriculture Organisation (FAO) in April 2017; and encouraging livestock producers’ buy-in through easier access to credit from financial institutions. In the longer term, federal and state governments should consider the following: “Addressing environmental factors that are driving herders’ migration to the south: this will require stepping up implementation of programs under the Great Green Wall Initiative for the Sahara and the Sahel, a trans-African project designed to restore drought-and-desert degraded environments and livelihoods including in Nigeria’s far northern belt; and developing strategies for mitigating climate change impact in the far northern states; “Coordinate with neighbours to stem cross-border movement of non-Nigerian armed herders: Nigeria should work with Cameroon, Chad and Niger (the Lake Chad basin countries) to regulate movements across borders, particularly of cattle rustlers, armed herders and others that have been identified as aggravating internal tension and insecurity in Nigeria.� Although some of the proposed steps will not yield immediate results, Nigeria’s federal and state authorities, as well as other relevant actors, need to take remedial actions with a greater sense of urgency. Failure to respond, decisively and effectively, would allow Nigeria to continue sliding into increasingly deadly conflict.

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David-West: Over 40m Nigerians Don’t Have Access to Financial Services Olayinka David-West who is an academic director and senior fellow, Information Systems at the Lagos Business School, Pan-Atlantic University, spoke with Nosa Alekhuogie on digital finance and issues pertaining to financial inclusion in Nigeria. Excerpts: You recently launched the digital financial services report in Nigeria, what informed this and how will the report revolutionise the sector? The launch of the second State of the Market Report on Digital Financial Services in Nigeria is one of the primary outputs from our research work on sustainable and inclusive digital financial services that specifically studies how financial services can be delivered to the unbanked poor in Nigeria at affordable costs. The research findings documented in the Report provide an evidence-base of issues that need to be addressed by ecosystem actors to ensure we can actually achieve the financial inclusion commitment of 80 per cent by 2020. In this year’s report, our focus was on identifying market-enabling policies for Digital Financial Services (DFS) to thrive in Nigeria. The policy recommendations proposed are to guide the amendment and development of statutes that will support the business environment. In terms of revolutionising the sector, I believe that our research work provides the much needed thought leadership and insights that will guide current and prospective industry operators, investors and policy makers. Basically, the insights reported are tools business leaders David-West and policy makers can actually use to guide strategies, operations, regulations and policies for DFS operators and the consumers of the financial products and services? For example, What are your views on financial inclusion our research identified 6 key policy areas in need regulatory attention. The first is global in Nigeria? Financial inclusion in Nigeria is really about identity and know-your-customer (KYC) where empowering Nigerian citizens by providing the multiplicity of identification systems and their them access to formal options in the formal altogether low enrollment are limiting financial financial services sector that are safer and inclusion. In these cases, we need policies to cheaper. Using current estimates, over 40 million increase the enrolment capabilities of both the Nigerians do not have access to formal financial National Identity Number (NIN) and the Bank services. Rather, they access financial services Verification Number (BVN The second policy area is consumer protection. through informal providers that are usually unregulated and expensive. Hence, being poor By this, we refer to the systems and processes is expensive! Beyond the individuals utilising that build consumer adoption, utility and trust. financial services, financial inclusion has other It includes issues relating to pricing, complaints secondary benefits. For businesses serving this and dispute resolution, cybercrime, data proteccommunity of underserved, it provides market tion, and so on. While the consumer protection and business opportunities. For the government, issues are diverse, one of the recommendations the increased levels of economic activity of the included the use of agents as first-level support underserved, contributes to economic growth, specialists. Other recommendations are the proposal for a centralized Financial Ombudsman income (taxes), and creates jobs. and the provision of digital education for law How can we further deepen financial inclusion enforcement and judicial workers to facilitate enforcement. From what I am aware of, the in Nigeria? I’ll be honest, there’s no magic wand to deepening Central Bank is resending this Bill back to the financial inclusion, but we have to look at the House of Assembly. The third policy area focuses on the DFS supply various issues like an onion and peel it one layer after the other. I will provide some insights environment. In particular, issues relating to interoperability, collaboration and cooperation. identified in some of the key layers. Looking at it from the consumer’s perspective; One recommendation was for the extension of The preference for cash questions the use of DFS membership and empowerment of the Financial in meeting individual payment needs. The lack Services Regulation Coordinating Committee of adoption of DFS could also be attributed to (FSRCC) to include DFS and financial inclusion economic factors, where consumers lack access coordination. One of such activities for the FSRCC to money either as a result of unemployment or would be the development of a unified agent under-employment. The lack of knowledge is framework that cuts across financial services another factor that is demonstrated by the low – banking, payments, insurance, pensions, and awareness of the various DFS options. Finally, so on. Fourth, another policy area in need of access to digital devices such as smartphones, attention is the enabling environment for a thriving DFS ecosystem. Issues in this bucket is also cited as a constraint. In the case of the suppliers and providers of include development of a harmonized tax regime digital financial services, some need to go back across the three tiers of government and the to the drawing board. In hindsight, the size implementation of the March 2013 National of the addressable market did not necessarily Executive Council (NEC) resolution on right mean high adoption rates. Hence, providers of way (RoW). Discussions on financial inclusion and operators really need to develop products cannot be complete without addressing lapses and services for a target group of customers with the infrastructure and strategies to effectively which address customer pain points. However, reach the consumers close to their habitations. The this knowledge of the intended consumers of demarcation of telecommunications infrastructure digital financial services is somewhat nascent. as national and critical infrastructure and the These unbanked individuals are not on any passage of the national critical infrastructure database and hence their behavior and traits bill is one such example. Also, the expansion are unknown. To include these individuals, of telecoms infrastructure to rural locations or we need to “know� who they are and what locations that don’t yet have a proven business problems they have that may be addressed by case for commercial investment using specialised intervention funds such as the universal service financial services. As for Regulators, the policies for DFS is provision fund (USPF). another layer. Is the market environment conducive

The role of LBS is to create responsible managers that will impact society in Nigeria and Africa. Financial inclusion is a social imperative of bringing people at the bottom of the pyramid into the formal financial system. Thus, as a business school, we are contributing knowledge for social impact. Other than the knowledge contributions, I believe another significant contribution LBS is making to the ecosystem, is the ability to convene all the ecosystem actors for open conversations. In the two years of working in this sector, we have built relationships with policy makers and government ministries, departments and agencies, executives in private sector institutions - mobile money operators (MMOs), banks (deposit, microfinance), insurance, pensions, payments systems providers, mobile network operators (MNOs), professional associations, the IT community, and so on. The ability to convene different stakeholders helps broaden understanding of challenges across the ecosystem and reduces the tunnel vision of any particular actor group.

Tell us about the state of the Digital Financial Services (DFS) market in Nigeria The DFS Market commenced in the 1990s when banks introduced technology-based channels using the internet or other communications media. Despite these self-service alternatives enabled by technology, the growth of financial access was still relatively low. In addition, Nigeria has been trying to address rural banking (now financial inclusion) since 1977 through schemes such as the Rural Banking Initiative, Peoples Bank, Community Banking and now Microfinance. The telecommunications revolution of the early 2000s and the penetration of mobile devices sort of opened Pandora’s box. With telecoms infrastructure and mobile devices and telephony available in remote locations, their adoption as a delivery channel for financial and other services was ideal. This solution was music to many ears given the costs of establishing and maintaining physical infrastructure, especially in these underserved and under-resourced rural locations. Central Bank of Nigeria (CBN) has several policies aimed at deepening financial inclusion, do you think they are achieving their objectives with some of these policies? Our analysis of current policies by industry stakeholders revealed that the various policies related to digital financial services and financial inclusion are collectively not achieving the objectives. Indeed, the CBN has been pivotal in the national drive for financial inclusion with the establishment of policies and regulations guiding financial inclusion. The National Financial Inclusion Strategy (NFIS) is the overarching policy for financial inclusion, defining strategies and targets for financial inclusion. Alongside this, the CBN has progressively developed complementary policies like the regulatory framework and guidelines for mobile money, the agent banking guidelines and super-agent framework and the tiered KYC regulations. Despite these guidelines and frameworks, financial inclusion estimates as reported by the various demand-side studies conducted in the country are yet to improve. While the CBN has developed the policies, their successful implementation and rollout is dependent on a myriad of policy gaps as highlighted earlier. Furthermore, the pricing tariffs imposed by the CBN are not market-based without due consideration of the high business establishment and maintenance costs. Can you shed some light on how LBS is improving financial inclusion in the country?

What do you hope to achieve with the conference held? The main objective of the conference, titled, ‘Driving Inclusion with Digital Financial Services: Strategic Innovations to Reach the Last Mile’, was to bring ecosystem stakeholders together to discuss financial inclusion issues around the key themes - policy and regulation, last mile enablement of DFS and responsible finance. A major highlight was the launch of the Digital Financial Services in Nigeria: State of the Market Report 2017, a Lagos Business School research report providing evidence-based insights on financial inclusion. Using consumer demographic profiles, the report describes the characteristics of potential financial services customers. The report also presents an examination of the policy and legal frameworks defining financial inclusion and proffers market-enabling strategies for attaining the commitment of 80 percent Financial Inclusion by 2020. The conference also featured panel discussions and presentations by key stakeholders and decision-makers in the digital financial services industry locally and internationally. What plans do you have to sustain your effort and where do you see financial inclusion in Nigeria in the next five years? We launched this research initiative in 2015. It was specifically designed to provide insights that could identify sustainable business models that support the delivery of digital financial services to lower income unbanked Nigerians. There are still many insights that would help operators enhance financial inclusion that we plan to continue working on. For example, we are already studying the economics of DFS both at the macro- and micro-levels. The macro investigations involve the use of empirical data to assess the impact of financial inclusion on macro-economic indicators such as economic growth, income, and the likes. We hope that by demonstrating the impact of financial inclusion on the national economy, the importance of financial inclusion will be escalated as a national imperative. The micro-economic evaluation will include a deep-dive to address cost-to-serve considerations of operators that will inform financial decisions such as pricing. We are also working with other partners to build behavioral and attitudinal profiles of the Nigerian unbanked. The result of this study will be shared with operators to provide deeper understanding of the consumers for improved product development. In addition to these we will also continue monitoring demandside studies produced by EFinA, Intermedia and the World Bank to provide demographic traits of the underserved. Before we even think of five years, let’s remember the commitment to attain 80 percent financial inclusion by 2020.

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T H I S D AY ˞ ˜ JANUARY 16, 2018

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CBN Injects Fresh $210m into Forex Market Obinna Chima The Central Bank of Nigeria (CBN) yesterday injected another sum of $210 million into the interbank foreign exchange market, to meet customers’ requests in various segments of the market. Figures obtained from the Bank indicated that the CBN offered $100million to authorised dealers in the wholesale segment of the market, while the small and medium scale enterprises (SMEs) segment received the sum of $55 million. Customers requiring foreign exchange for invisibles such as tuition fees, medical payments and Basic

Travel Allowance (BTA), among others, were also allocated the sum of $55 million. The Bank’s acting Director, Corporate Communications Department (CCD), Mr. Isaac Okorafor, confirmed the figures, adding that those who made bids in the wholesale window would receive value for the bids today (Tuesday, January 16.) Okorafor reassured the public that the Bank would continue to intervene in the interbank foreign exchange market in line with its resolve to sustain liquidity in the market and maintain stability. According to him, the steps taken so far by the CBN in

forex management had yielded many positives, particularly as it had to do with reduction in the country’s import bills and accretion to its foreign reserves. It will be recalled that the CBN had last Friday intervened in the Retail Secondary Market Intervention Sales (SMIS) to the tune of $262.5 million, to cater for requests in the agricultural, airlines, petroleum products and raw materials and machinery sectors. However, the naira continued its stability in the forex market, exchanging at an average of N360/$1 in the BDC segment of the market yesterday.

Unity Bank Targets Youth Market Nume Ekeghe As part of its drive on retail banking, particularly targeting the youth market, Unity Bank Plc plans to launch a product specifically designed for the younger generation in the 18-35 years age bracket. To this end, the bank has announced Adekunle Gold, a multiple award-winning singer, song writer, and creative designer as its Youth Brand Ambassador. A statement from the bank’s Head of Retail Banking & SME, Mr. Funwa Akinmade explained that “the choice of Adekunle Gold is a strategic partnership aimed at defining and reinforcing the Bank’s brand in the youth

space through value creation, product innovation and creative marketing initiatives targeted at impacting the unique lifestyle of youths and encouraging the right behavior.� It stated that the artist, epitomises the compositelifestyle-offering of the product which is designed to promote financial inclusion, encourage inspirational thinking, reward creativity and empower customers in the demography of high school students, undergraduates, NYSC members, young professionals, entrepreneurs and ‘positively disruptive innovators’. Akinmade further noted that the partnership signposts the bank’s determination to pro-

ductively engage this significant segment whilst reinforcing the bank’s vision of being a retail bank of choice through the promotion of creativity, encouragement of hard work and motivation of youths with the provision of tailor-made Banking solutions. Reacting to his engagement as Brand Ambassador, Adekunle Gold said: “I am excited about this partnership because it is a platform to reach teeming youth audience, who are also largely a core of my fan base by bringing them to the frontline of financial service offerings from Unity Bank Plc, an institution that seeks to support their aspirations.’’

Access Bank Upgrades Ombudsman to Boost Dispute Resolution Access Bank Plc has upgraded its customer service function, Ombudsman, to resolve service issues between the financial institution and its customers. The bank explained that the move was consistent with its reputation for adopting best practices in all facets of its operations. The Ombudsman is an Alternate Dispute Resolution (ADR) platform wherein an aggrieved customer of the Bank may lodge complaints or grievances over the telephone to the Ombudsman and get an amicable and final resolution of the complaint within the shortest possible time. Access Bank stated that it established the Ombudsman desk to boost its dispute resolution mechanism.

However, it explained that the bank has reviewed the function of the Ombudsman to include immediate resolution of customer’s complaints alongside the primary function which are Arbitrationand other ADR mechanisms such as Conciliation and Mediation. A statement from the bank indicated that the aim and objective of the Ombudsman initiative was to resolve all customer complaints and issues on the same day irrespective of where the complaint is issued from or the officer responsible for resolution. “The primary function of the bank’s Ombudsman will be to investigate and resolve customer complaints relating to credit issues and broader service issues. The additional focus will be on immediate resolution of

customers’ complaints with the Ombudsman being empowered to directly engage customers and ensure complaints are attended to immediately. “It is noteworthy that Access Bank was the first Nigerian bank that independently and voluntarily implemented a robust customer complaints resolution mechanism designed specifically to mediate fair settlement between the Bank and its customers. “This strategy emphasised the customer-centric culture of Access Bank and promote one of its focus on treating customers fairly. This pioneering initiative by Access Bank represents another contribution by the bank towards the elevation of practices within the Nigerian financial services industry,� it added.

Sterling Bank Customers Win N12.8m in Promo Sterling Bank Plc has rewarded 128 customers with N100,000 each in its ongoing promo tagged: ‘1dament,’ at the first general draws held in Lagos. The draws which held at the bank’s head office saw two more customers of the bank emerge winners of an all-expense paid trip to watch the first match the Nigeria’s Super Eagles would play at the World Cup. Others winners included four individuals winning an all-expense paid trip to watch their favourite European Premier League(EPL)/Championship league games, while five more

individuals winners won an all-expense paid trip holiday to destination of their choices. The event which was witnessed by officials of the Consumer Protection Council (CPC), Lagos State Lotteries Board (LSLB), National Lottery Regulatory Commission and Akintola Williams Deloitte as well as senior officials of the bank saw customers which were selected via an electronic raffle draw system emerged winners from various parts of the country. Some of the winners contacted by phone expressed surprise for winning

in the promo and promised to encourage members of their families and business associates to also bank with Sterling Bank. The grand prize of the promo wouldsee a Sterling customer emerge the new owner of a Home in Lekki. To qualify for this, new customers are required to open an account with a minimum of N500,000 and maintain same in their account for 90 days; while existing customers must increase existing balance by a minimum of N500,000 and keep for 90 days.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

AUGUST 2017 Broad Money (M2)

21,851,454.31

-- Narrow Money (M1)

9,890,813.10

---- Currency Outside Banks

1,523,239.91

---- Demand Deposits

8,367,573.19

-- Quasi Money

11,960,641.22

Net Foreign Assets (NFA)

9,732,990.89

Net Domestic Assets(NDA)

12,118,463.42

-- Net Domestic Credit (NDC)

26,821,446.81

---- Credit to Government (Net)

4,824,226.22

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

7,834,536.74

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

--3,010,310.52

---- Credit to Private Sector (CPS)

21,997,220.59

--Other Assets Net

--14,702,983.39

Reserve Money (Base Money)

5,486,804.65

--Currency in Circulation

1,868,735.07

--Banks Reserves

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Money Market Indicators (in Percentage) Month

August 2017

Inter-Bank Call Rate

22.63

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

14.00

Treasury Bill Rate

13.35

Savings Deposit Rate

4.08

1 Month Deposit Rate

8.86

3 Months Deposit Rate

10.14

6 Months Deposit Rate

11.51

12 Months Deposit Rate

11.40

Prime Lending rate

17.69

Maximum Lending Rate

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OPEC DAILY BASKET PRICE AS AT FRIDAY, 12 JANUARY 2018

The price of OPEC basket of fourteen crudes stood at $67.17 a barrel on Friday, compared with $67.38 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

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NSE Promotes Awe as Executive Director, Regulation Goddy Egene The Nigerian Stock Exchange (NSE) yesterday announced the promotion of Ms. Tinuade Awe to the position of executive director (ED), Regulation with effect from January, 2018. The NSE said in a statement that as ED, Regulation in its revised organisational structure, Awe has oversight functions for the following teams: Broker

dealer regulation; Listings regulation; Market surveillance & investigations, and Regulatory technology, while the Rules and Interpretation and Disciplinary units will also report directly to her. Prior to her promotion, Awe was the General Manager, heading the Legal and Regulation Division of the exchange, in which role she also served as General Counsel. Ms. Awe,

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became affiliated with the exchange in a consulting capacity in August 2010 and joined the employment of the exchange in August 2012. She has been a member of the Executive Committee of the exchange since August 2012. Commenting on the appointment, President, National Council of the NSE, Mr. Abimbola Ogunbanjo, said: “I am very proud that the national council

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has recognised Tinuade for the exemplary role she has played in transforming the legal and regulatory landscape of the exchange and would like to warmly congratulate her on her elevation as ED, Regulation. Tinuade’s passion, energy and commitment to driving and executing on the exchange’s transformation agenda has no doubt been instrumental in

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revolutionising the exchange and I am confident that she will continue to exert her influence and leadership attributes in her new role for the betterment of the market and its stakeholders.� Also commenting, the Chief Executive Officer. NSE, Mr. Oscar Onyema, said: “As we restructure and reposition the exchange for the fourth industrial revolution, Ms. Awe’s well deserved promotion is indicative of the great

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career advancement opportunities that exist at the NSE. I congratulate her and look forward to working with her in this new function to build a globally competitive Self-regulatory Organisation.� Speaking on her appointment, Awe said: “I am both deeply appreciative and humbled by this recognition for my modest contributions to the exchange.

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PROPERTY & ENVIRONMENT VisionscapeModernisesLagosStateTransferLoading Stations Visionscape Sanitation Solutions, a waste management company in Lagos has completed the refurbishment of the Tapa Transfer Loading Station (TLS), the first of its kind, in Lagos Island. The TLS is a fulcrum of the Cleaner Lagos Initiative (CLI). Bennett Oghifo and Fadekemi Ajakaiye report

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he Cleaner Lagos Initiative (CLI) was established to address, enforce and regulate the challenges in solid waste management systems within Lagos State. According to the government, the initiative focuses on environmental remediation and fulfills the state’s commitments to the Sustainable Development Goals. The Tapa Transfer Loading Station (TLS) is a new facility in Lagos Island that will serve as one of many hubs, strategically located throughout the state to enable Visionscape temporarily deposit collected waste from within city limits, transport them in bulk to landfills after processing. The Tapa TLS is the first completed TLS as the company is currently renovating other stations in Mushin, Agege and Oshodi as part of its mandate to provide integrated waste management solutions for the treatment of municipal solid waste and wastewater under the Cleaner Lagos Initiative. Visionscape will manage the processing and transfer to the landfills across the State. The Transfer Loading Stations (TLS) are expected to receive approximately 6,700 tons of waste a day. Each TLS will include features such as weighbridges, as well as disposal depot points and maintenance bays, housing hundreds of vehicles. Facilities will also include administrative buildings, cafeterias, hostels and more. The Permanent Secretary of the Ministry of the Environment, Mr. Abiodun Bamgboye also added, “Visionscape have proven their commitment to developing and implementing advanced processes in solid waste and wastewater management operations by disrupting the market with an innovative approach. Their state-of-the-art TLS’s will be a game changer in our sector.” Mr. Thomas Forgacs, the Chief Operating Officer, Visionscape, stated that, “Transfer Loading Stations are the unsung heroes in the waste management supply chain; they’re fundamental in driving efficiency into waste collection and transportation services. Forgacs said the Transfer Loading Stations will serve as the middleman between waste collection vehicles and the final disposal facilities. Visionscape will continue to use innovative approaches to enable effective waste management processes that are required to meet the demands of our continuously growing megacity, he stated. Also, Visionscape Sanitation Solutions has received a consignment of a brand new

Demonstration of solid waste management at the refurbished Tapa Transfer Loading Station

100-vehicle waste management fleet embedded with cutting-edge technology. The shipment consists of a series of waste trucks, from various rear end loaders to operational vehicles. The company is set to begin operations across the State to roll out the next phase of their contract for the Cleaner Lagos Initiative (CLI). The CLI, which was established to address, enforce and regulate the challenges in the solid waste management systems within Lagos State, has taken the initiative and is focused on improving the environment to make it cleaner, safer and healthier for all Lagos State residents, as well as developing operational efficiency. Forgacs also stated that the addition to the waste management fleet is in line with the commitment to provide integrated waste management services, using state-of-the-art equipment and innovative solutions to help transform megacities. “In the last six months, we have surveyed all of Lagos State and collated vital data to aid operations. We, therefore, understand population density of the communities and areas that will be serviced, even up to the number of

streets and households across the State. This preliminary assessment has aided us to know the amount of waste that will be generated in any particular location,” Forgacs stated. Visionscape is currently in a public-private partnership with the Lagos State Government, set to provide management services for the CLI, under the Lagos State Waste Management Authority (LAWMA). As a pioneer in environmental solutions, the Visionscape trucks are fully equipped and embedded with cutting-edge features, which includes a Global Positioning System (GPS), radio-frequency identification (RFID), and automotive Controller Area Network (CAN bus) system. These innovative features are designed to meet the operational needs facing waste management across the State. Using these methods, Visionscape will be able to monitor and track the State’s waste collection process thoroughly, ensuring the trucks are deployed for effective waste collection within Local Council Development Areas (LCDAs) and Local Government Areas (LGAs).

Visionscape currently holds the residential waste collection contract for the State, and the management of three operating waste transfer loading stations, which are currently being renovated, under LAWMA. Visionscape have also begun construction of West Arica’s first engineered landfill in Epe. To-date, the company has successfully cleared over 1,000 litter black spots and illegal dump sites across Lagos State, as part of their pre-operational phase. During a tour of the facility, the Executive Director, SWM Solutions, Tolagbe Martins said, “The Cleaner Lagos Initiative is creating an enabling environment. Before now, there was only a focus on disposal and no system to support the waste beyond collection. The collection is the beginning of the cycle, and the CLI is providing a world class sanitation structure that includes mechanised sweeping by trained community sanitation workers, transfer loading stations, sorting and recycling, innovative waste bins, regular waste collection and more. We are pleased to inform you that the work which has been going on over the past 15 months is rolling out now.”

Edo to Demolish Illegal Structures

Nigerians to Join over 150,000Visitors at Ambiente Consumer Fair

Adibe Emenyonu in Benin City

Bennett Oghifo

Edo State government said it has served final demolition notice to property developers whose buildings breached the state town planning laws. The affected buildings, the government said, are those sited on Airport Road, Stadium Road, Aideyan Street, Upper Adesuwa, and Ugbor and Ekae areas of Benin City. Commissioner for Physical Planning and Urban Development, Mr. Edorodion Oye Erimona, who issued the notices in different parts of Benin City, the state capital, said the exercise serves as final reminder to those whose properties contravened the state’s laws on urban development. According to him, “If the

developers fail to remove the properties within seven days as contained in the notices, the government will be left with no option than to demolish them. “The developers will incur the cost of the demolition. We will be back in two to three weeks to demolish the properties ourselves if owners fail to do so themselves.” Erimona said that the exercise was necessary to ensure that the original plan of the city is maintained to ensure safety, health and convenience for residents, as some developers have their properties sited on roads, and on the right of way of high tension cables. He said, “The state government will continue to engage developers whose properties flout the state’s town plan-

ning laws, through notices on contravention, stop work and demolition.” Erimona frowned at the antics of developers, who build structures without regard for appropriate laws, adding, “We expect that this exercise will serve as a deterrent to developers. We want them to embrace the right attitude to issues pertaining to town planning.” He said that the exercise will continue and will extend to other parts of the state. “Developers who intend to develop their properties are encouraged to approach the Ministry with their building plan proposals. The ministry now approves proposals for building between three weeks and three months, provided it is in line with the laid down requirements,” he said.

Challenges in the global business sector will be the focus at next month’s International consumer goods fair, Ambiente in Germany, organisers of the event, Messe Frankfurt has said. Business leaders in Nigeria would be among the over 150,000 visitors at the fair, said the Chief Executive Officer, Exhibition and Trade Fair Limited, Omonigho Itoya-Abanokwu, who is Country representative of Messe Frankfurt said the event, which is expected to hold from February 9–13, would boost the sector’s contribution to the global economy. The fair is expected to set the pace for the world of consumer goods and uncover

the unique diversity in the Dining, Giving and Living areas, as well as offers a comprehensive overview and shows the innovative capacities of the pulsating sector. It would also offer visitors and exhibitors the unique feature of a digital Business Matchmaking Programme in English and German, the organisers said adding that manufacturers and retailers could save specific search parameters to the web portal, whereupon the program brings the relevant parties together. “Making the right contacts and finding new visitors or exhibitors has become a central issue for anyone coming to the trade fair. We are now a digital step ahead of this trend, offering our exhibitors and visitors an uncommon service – the Busi-

ness Matchmaking Programme – which gives them major added value, even during the run-up to Ambiente,” Divisional Manager for Ambiente, Nicolette Naumann said. The group added that the consumer goods fair would engender latest ideas and products ranging from global market spectrum to industry trends and future visions. Messe Frankfurt said interests in the fair continue to increase as 4,460 companies from 94 nations presented their products at the last edition as well as about 150 thousand trade visitors from 145 countries. With a structured offering, the fair is organised into three separate product segments, including dining, giving and living to create a seamless trading platform and distribution channel.

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TUESDAY JANUARY 116, 2018 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Egypt Says It Does Not Want War as Tension Grows with Sudan President Abdel Fattah al-Sisi said on Monday Egypt is not conspiring against its neighbours and has no intention to fight, a reference to growing tension with Sudan, Reuters reports. Relations have deteriorated in recent weeks, including over a Sudan-Turkey naval agreement that angered Cairo and an ongoing dispute over a dam Ethiopia is building on the Nile river that runs through all three countries. In the latest move, Sudan recalled

its ambassador to Egypt without saying when he might be back. “Let’s always look for peace and development, our people need that. They don’t need us arguing and entering conflict,” Sisi said at an inauguration of new projects in the province of Monofeya. He said Egypt would not interfere in other countries’ affairs. Khartoum has in the past accused Cairo of political meddling while Egypt has accused Sudan of

harboring Egyptian Islamists. “Egypt will not fight its brothers ... I‘m saying this as a message to our brothers in Sudan,” Sisi said. Khartoum and Ankara agreed last month that Turkey would rebuild a ruined Ottoman port city on Sudan’s Red Sea coast and construct a dock to maintain civilian and military vessels. Egyptian officials reacted with suspicion about what they see as Turkey’s plans to expand its influence in the region.

Syria War: Turkey Denounces US ‘Terror Army’ Plan for Border Key powers involved in Syria’s civil war have criticised US plans to help an allied Kurdish-led militia set up a 30,000-strong “border security force”, according to a BBC report. Turkey’s president vowed to “suffocate” efforts to begin training members of the Syrian Democratic Forces (SDF) and create what he called a “terror army”. Ankara considers Kurds fighting for the SDF to be part of a terrorist group. Syria’s government decried the “blatant attack” on its sovereignty, and Russia warned it could lead to partition. With the help of air strikes

from a US-led coalition, the SDF has captured tens of thousands

of square kilometres of territory from Islamic State (IS) militants.

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EFCC Moves to Seize Fresh N7.35bn from Patience Jonathan Davidson Iriekpen The Economic and Financial Crimes Commission (EFCC) yesterday asked the Federal High Court in Lagos to order the temporary forfeiture $8,435,788.84 and N7.35billion suspected to belong to former First Lady, Mrs. Patience Jonathan.

The EFCC told Justice Mojisola Olatoregun that the funds which it believes emanated from Bayelsa State, were found in 15 bank accounts linked with the Mrs. Jonathan. The anti-graft agency’s counsel, Mr. Rotimi Oyedepo, said the order would prevent the ex-first lady from dissipating

Newly Recruited Teachers in Kaduna to Resume Work February John Shiklam in Kaduna Newly recruited teachers in Kaduna State are to start work February 2018. The new teachers are to replace the 21,870 teachers sacked for failing a primary competency test administered on them by the state government last year. The state chapter of the Nigerian Union of Teachers (NUT) is currently on indefinite strike over the sacking of their colleagues. Officials of the State Universal Basic Education Board (SUBEB) who disclosed this on yesterday at a meeting with the state Governor, Mallam Nasir ElRufai, that the first batch of the 25,000 new teachers will be issued appointment letters in February. Also, education secretaries from the 23 local government areas who were also at the meeting, briefed the governor on the situation of schools in their localities. A statement issued after the meeting by spokesman of the governor, Samuel Aruwan, said the education secretaries presented reports on the conditions of schools in their localities. The education secretaries said most teachers in Kaduna were reporting to work, but were being intimidated by officials of the NUT. According to the statement, “The meeting received reports

from all the 23 councils on the conditions in the schools in their areas. “The State Universal Basic Education Board (SUBEB) also gave an update on the recruitment process for new teachers. “SUBEB officials confirmed that the marking of scripts for new recruits has been concluded, and they assured the governor that the first batch of newly recruited teachers should be ready for deployment by the middle of February 2018. “The council officials reported that most teachers in the state are reporting to work, and ignoring the NUT strike. The field reports indicated that NUT officials are persisting in their harassment of teachers that are reporting for duty. “This illegal action is being aggravated by the seizure of school attendance registers by some of the union officials” Aruwan said the governor promised to provide security to protect the schools. The governor, according to the statement, warned union officials to desist from impeding teachers that are reporting for work and seizing attendance registers. “The right to strike does not include the right to prevent others from working. Union officials are reminded that school registers are public property, and seizing them amounts to an illegal act” the statement said.

Police Invite Kano Commissioner over Inciting Comments against Kwankwaso Ibrahim Shuaibu in Kano The Kano State Commissioner of Police, Mr. Rabiu Yusuf, yesterday invited the state Commissioner for Special Duties, Alhaji Abdullahi Abbas, over a petition written by M.K. Umar&Co. Yusuf said the petition is alleging that the Abbas made inciting statements against members of the Kwankwassiyya Political Movement. Yusuf said both parties were invited and were asked to go and provide the alleged video tape where Abbas was recorded urging his supporters to attack members of the Kwankwasiyya group. Addressing yesterday at state police command on the outcome of the meeting, the spokesman of police in Kano, Magaji Musa Majia, disclosed that the command

had launched a full scale investigation into the matter. The police commissioner also promised that at the end of the day, the police would make sure that anybody found wanting would face the full wrath of the law. He also hinted that the police also arrested two sons and house boy of the state Commissioner for Special Duties over allegations that they attacked members of the Kwankwasiyya Political Movement at a wedding ceremony, in Chiranchi Quarters, Gwale Local Government Area. He added that though they have been released on bail, investigations are still ongoing on the matter. Members of the Gandujiyya and Kwankwassiyya groups clashed during a wedding ceremony where six persons were injured.

them. According to the EFCC, the funds were moved from Bayelsa State’s coffers at a time Mrs. Jonathan served as permanent secretary. The commission alleged that she gained access to the funds by fraudulently assuming the identity of one Esther Oba as the signatory to the said account. The EFCC’s claims were contained in an ex parte application filed by Oyedepo before Justice Olatoregun. However, the proceedings were interrupted by a train of Senior Advocates of Nigeria (SANs) led by Mr. Ifedayo Adedipe and Chief Mike Ozekhome, who challenged the court’s jurisdiction to entertain the ex parte application. The SANs told the judge that

the funds which the EFCC seeks to seize were already subject of litigation. But counsel for the EFCC, Oyedepo, maintained that the SANs had no right of hearing in the court, since his application was ex parte, wondering how they got wind of the move by the anti-graft agency in the first place. He urged the judge to disregard their appearance. The judge upheld Oyedepo’s submission, following which the SANs left the courtroom. But in view of the development, the judge adjourned the case till January 23, 2018 and directed the EFCC to file an affidavit to convince her that there were no pending lawsuits relating to the funds sought to be forfeited.

In the said ex parte application, the EFCC listed Mrs. Jonathan, five firms and one Esther Oba as respondents. The firms that were listed as second to sixth defendants, were Globus Integrated Services Ltd., Finchley Top Homes Ltd., Am-Pm Global Network Ltd., Pagmat Oil And Gas Ltd. and Magel Resort Ltd. The ex parte application was backed by a 15-paragraph affidavit deposed to by an investigator with the EFCC, Huleji Tukura. Tukura claimed that investigation by the anti-graft agency revealed that the funds found in the bank accounts linked to Patience emanated from the coffers of Bayelsa State and that the funds were moved at a time when the former First

Lady served as a permanent secretary in one the ministries in Bayelsa State. According to Tukura, Mrs Jonathan first opened a First Bank account and then “procured” the then Senior Special Assistant to former President Goodluck Jonathan on Domestic Affairs, WaripamoOwei Dudafa, to fund the account with “proceeds of unlawful activities.” Tukura averred: “That the said Dudafa Warripamo-Owei procured one Festus Isidohomen Iyoha and Arivi Eneji Peter, who were domestic staff attached to the State House, Abuja, to deposit the funds, reasonably suspected to be proceeds of unlawful activities, in to account of the 1st respondent (Mrs. Jonathan).

EMPOWERING NIGERIAN ENTREPRENEURS…

L-R: Governor of Kebbi State, Senator Abubakar Atiku Bagudu; Founder, The Tony Elumelu Foundation (TEF) and Chairman, Heirs Holdings, Mr. Tony O. Elumelu; and Deputy Regional Director for International Committee of the Red Cross (ICRC) Africa, Mr. Patrick Youssef; during the signing of Memorandum of Understanding (MoU) between TEF and ICRC to empower 200 Nigerian entrepreneurs in Nigeria’s Northeast and Niger Delta in Abuja… Sunday

Two Security Personnel Slump at Armed Forces Day in Anambra David-Chyddy Eleke in Awka Two military personnel yesterday slumped during a ceremony to mark the 2018 Armed Forces Remembrance Day in Anambra State held at the Alex Ekwueme Square, Awka. THISDAY gathered that the two military personnel, a soldier and a navy officer, slumped while participating in the parade. Sources at the ceremony

said a team of medical experts attended to them before they were rushed to an undisclosed hospital for further medical attention. An army source who spoke to some journalists on condition of anonymity, said the victims might have been affected by what he called ‘sun-stroke’, resulting from heavy sunshine. He said: “It’s not unusual to see such occurrence during parades, more so in intense sunshine. We are hoping they

would come back in the end. The state Commissioner for Health, Dr. Joe Akabuike, declined comment on the matter. Meanwhile, the state Governor, Chief Willie Obiano, in his address at the ceremony enjoined Nigerians to remember the families of the country’s fallen heroes and pray for the souls of the departed. Obiano commended the military, saying they had done much to keep the country one. “Save for the internal and

external wars these fallen heroes had fought, we would not have been enjoying the peace we have now,” he said. Chairman of the Nigeria Legion in Anambra State, Major Nwankwo Ifeanyichukwu, (rtd), called for a better welfare for members of the legion. He said it was worrisome that despite the contributions of the retired and dead military men, their families were still passing through harrowing economic experience due to poor remuneration.

IOM, EU Evacuate 132 More Nigerians from Libya The International Organisation for Migration (IOM) and the European Union (EU) yesterday evacuated 132 more Nigerians from Libya. The News Agency of Nigeria (NAN) reported that the new batch of returnees arrived at the Cargo Wing of the Murtala Muhammed International Airport, Lagos at 5.30p.m.. The Nigerians returned aboard a chartered Global Africa aircraft with

Registration Number LZ MDO. The returnees comprised 35 adult females, 88 adult males and nine children and infants. They were received by officials of the Nigerian Immigration Service (NIS), the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Federal Airports Authority of Nigeria (FAAN) and the Police. An official of the IOM, Frantz

Célestin, said this was the second chartered flight by IOM in 2018, making it 313 Nigeria returned so far in the new year. “Migration is not a problem in itself. It engenders socioeconomic development if properly managed,” he said. Celestin affirmed IOM’s commitment in collaborating with Nigeria in ensuring

protection and safe arrival of Nigerian migrants from Libya. 6,806 Nigerians have been returned from Libya in 2017 through the efforts of the IOM and EU. The Nigerians were stranded in the volatile North African country where they had been stranded enroute Europe and were being subjected to various abuses in the country.

TUESDAY JANUARY 16, 2018 ˾ T H I S D AY

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Scores Dead, Many Injured as Gas Explosions Rock Lagos Chiemelie Ezeobi Scores of people were yesterday dismembered and several others sustained injuries, including third degree burns, as two gas explosions rocked both the Magodo and Badagry areas of Lagos. While the first explosion occurred at the Second Coming Nigeria Limited gas located on CMD Road, Magodo, the second followed hours later at a gas retail plant in Badagry. At the Magodo explosion, the casualty figure was placed at two with eight others sustaining varying degree of injuries. The state Police Commissioner, Edgal Imohimi, and Commander Rapid Response Squad (RRS), ACP Tunji Disu, who rushed to the scene of the fire accident helped in containing the situation. Imohimi, who was dressed in his police ceremonials having gone to the scene straight from the Armed Forces Rememberance day celebrations, said safety evaluation would be carried out on the scene. Also confirming the incident, the General Manager, Lagos State Emergency Management Agency (LASEMA), Adesina Tiamiyu said the situation was completely under control with the perimeter of the vicinity secured and evacuation of people away from the scene. He said: “The agency was alerted of a fire outbreak at a Gas Plant (Second Coming

Nigeria Limited) located on CMD Road, Magodo, Ikosi Isheri LCDA at about 7.26a.m. “On arrival at the scene, it was discovered that the gas plant was engulfed by the inferno. Although eyewitness posited that the fire outbreak could have been as a result of gas leakage from the gas plant, which was triggered by ignition of fire. “Preliminary investigation by the agency revealed that three reservoir tanks for storage of gas and one 33, 000 litre gas truck in the gas station were engulfed in fire, with a secondary explosion within the gas station. “Unfortunately two burnt bodies were recovered behind the fence of the gas station, while eight casualties were also recorded with various degrees of burns and injuries. “They were attended to by the officials of the Lagos State Ambulance Service (LASAMBUS) and the agency’s paramedics before moving two of the victims with more degrees of burns to the Trauma Centre at Toll Gate for further medical attention. “Also, the men of the Lagos State Fire Service with four fire trucks and the Lagos Response Unit (LRU) Fire Unit with two fire trucks were able to curtail the spread to adjourning buildings in the area. “Other emergency responders on ground includes RRS, Federal Road

Duke Indicates Interest for 2019 Presidency A former Governor of Cross River State, Mr. Donald Duke, has said he will contest for presidency in the 2019 election. Duke, who declared his interest for the plum job at the third Mike Omotosho annual lecture titled: ‘Mellinials as Protagonists in Nation Building,” on Sunday night in Abuja, promised to kick-start the process at the right circumstances. According to him, “I am entitled to run for the presidency of this country. I am entitled to it. Only on right circumstances I will aspire for it. I don’t shy away from responsibility, only the right circumstance, I will aspire for presidency of this country. I have what it takes to be president of this country.” Duke, however, challenged the youths to fully participate in the electoral process by getting their Permanent Voters Cards (PVCs) and sensitising others ahead of 2019 general election, rather than loafing around, looking for who to heap their problems on. The former governor charged that “It was high time Nigerians begun to project people with the technical know-how to take the country to the Promised Land.” He said: “I hear young people say to me that why would there spend hours queuing and casting their votes when at the end their votes won’t count. And I tell that if their parents conceived them they never gave up on them considering the high mortality rate so why would there not take a chance in building this nation? “We had young leadership at one stage or the other. Even in our first republic, besides the likes of Awolowo, Tafawa Balewa, M. T. Mbu was in his twenties when

he became a minister. “Gowon was 30 when he became the head of state. It comes back to the disaster therein because most of them didn’t have experience in governance, which led us into war. We need the combination of both. “What I think we should be doing is to ensure a government that is youth-friendly to provide opportunities because we need to groom the next set of leadership.” Duke, who disapproved of recent death of Nigerian migrants on Mediterranean sea and slavery in Libya, couple with job loss and rate of unemployment in Nigeria, summed it up: “I don’t know what a definition of failed State is and I don’t want to categorise Nigeria as a failed state yet, however, a state that was unable to provide for its people has faded up. “So, if we are not there yet, we are walking with our eyes open towards it. And we need to pull the hand break now before it gets late.” The ex-governor, while rating the activities of the present administration, said, there was disconnection between President Muhammadu Buhari and his cabinet members. According to him, “The challenge we have today is the disconnect. That is the challenge of the governance today. Because if you speak with the folks in government, and I am been candid here. I think we should stop to deceive ourselves here and stop all these political correctness. There is disconnecting between the president and even the ministers.” He also attributed the failure of governance on the lack of consequences for erring leaders which has given room for incompetence.

Safety Corps, National Emeregency Management Agency (NEMA), Lagos Neighbourhood Safety Corps, Red Cross, Nigeria Security and Civil Defence Corps, Lagos State Traffic Management Authority and the Federal Fire Service.” Tiamiyu said other measures put on ground was to ensure that officials of the Ikeja Distribution Company (IKEDC)

completely isolated power supply from the affected area to avoid any other incident. He however assured that proper investigation would be conducted to assertain the possible cause and to prevent future reoccurrence of such incident. Meanwhile, hours after the first explosion in Lagos, another one, more

dastardly than the initial one, occurred at the Badagry area of the state. In the second explosion, scores were confirmed dead as the pieces of dismembered bodies littered the scene. The explosion which happened at a gas retail shop at Iluda Road, Ajara Vetho in Badagry, occurred at about 10am.

According to eyewitness account, the explosion could have possibly been caused by excessive heat on the cylinders which were locked up in the retail shop. It was gathered that the force of the explosion tore through the walls of the shop, forcing it to collapse and fall on those in the building, as well as tore some passersby apart.

FUTURE OFFICERS

Kano State Governor, Abdullahi Umar Ganduje (right), with some children wearing army uniform, during the 2018 Armed Forces Remembrance Day celebration in Kano....yesterday

Avoid Another Civil War in the Country, Wike Advises Buhari Ernest Chinwo in Port Harcourt Rivers State Governor, Nyesom Wike, has raised the alarm that Nigeria could be headed for another civil war with the unending killings and shedding of innocent blood across the country and called on President Muhammadu Buhari to take necessary steps to avoid plunging the country into crisis. He declared that most Nigerians are unhappy with the direction the country is headed under the All Progressives Congress (APC)-led federal government, with the spate of agitations and conflicts across the nation. He, however, warned Nigerians not to forget to draw from the trials and experience of the civil war to avoid making mistakes that will push the country into another civil war. Speaking during the 2018 Armed Forces Remembrance

Day Ceremony in Port Harcourt yesterday, Wike said Buhari must take steps to give every section of the country a sense of belonging to entrench peace in the country. His words: “Mr. President must match his commitment not only with responsible actions but also stop the state sanctioned marginalisation that is fuelling most of the avoidable crisis in the polity by giving every section of the country a sense of belonging and justice. “For, not many Nigerians are happy with the current state of the nation, especially, the direction it is headed and the unending killings and shedding of innocent blood across the country.” While paying tribute to the military personnel who laid down their lives for the unity of the country, Wike prayed for the peaceful repose of their souls. “Beyond prayers, we must also comfort and extend genuine love

to the members of the families they left behind, who in most cases, single-handedly bear the brunt and pains of losing loved ones while serving the country,” the governor said. He lauded the president for efforts at tackling internal security challenges, particularly the ongoing war to free the North-east from the scourge of Boko Haram insurgency. The governor stated that the Rivers State Government would continue to support the ex-servicemen and serving military personnel. He directed the immediate release of N100 million to the Rivers State Legion to support widows of deceased ex-servicemen to set up businesses. An official of the Nigerian Legion, Rivers State, Col. Wilberforce Josiah (rtd), commended Wike for his commitment to the welfare of ex-servicemen and women in

the State. Highpoint of the occasion was the laying of wreath by Wike; his Deputy, Ipalibo Harry Banigo; Speaker of the state House of Assembly, Ikunyi-Owaji Ibani; and the state Chief Judge, Justice Adama Iyaye-Laminkara; among others. The General Officer Commanding, 6 Division of the Nigerian Army, Major General Enobong Udoh, led other service chiefs to lay wreaths. Wike also released pigeons as a mark of peace for the event while prayers were said for the personnel of the Nigerian Armed Forces and the ex-servicemen by Military Chaplains and Military Imam. A 21-gun salute was shot in honour of deceased exservicemen. There was also a two-minute silence for the repose of the souls of the slain ex-servicemen.

Accident: 16 Roasted to Death in Niger Laleye Dipo in Minna Barely three weeks after 13 people lost their lives on the Bida-Minna road in Niger State, another accident on the same road yesterday reportedly claimed 16 lives. This time, the accident occurred at Kakapangi after Katearegi town in the Katcha Local Government Area of the state. According to an eyewitness, the accident involved a Toyota Hiace bus

conveying traders from Oyo State to Minna and a tanker loaded with fuel enroute Bida town. It was learnt that the vehicles were involved in head on collision resulting in both vehicles bursting into flames. The eyewitness said the driver of the commercial vehicle and his 15 passengers were trapped leading to their being roasted to death. It could not be confirmed if the occupants of the fuel tanker escaped or not but sympathisers at

the scene however battled spiritedly to recover the remains of those that were burnt in the commercial vehicle. The Public Relations Officer of the Federal Road Commission in the state, Malam Raji Ejigogo, who confirmed the story, said the organisation was yet to get details of the incident. Ejigogo said: “We cannot say the number of casualty. Our emergency accident team has gone to the area

for on the spot investigation.” Observers have blamed the frequent accident and heavy casualty on the road to the bad nature of the road which has made it dusty and also impaired the vision of motorists. The state government had awarded the contract for the rehabilitation of the road in 2016 but the project had been stalled as a result of non-payment of the contractors.

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Corruption, Bad Governance, May Lead to Anarchy, Says Ex-IG, Commassie John Shiklam inKaduna The Chairman of Arewa Consultative Forum (ACF) and former Inspector General of Police (IG), Alhaji Ibrahim Coomassie, has warned that unless the challenges of bad governance and corruption are tackled, Nigeria may be heading towards anarchy and eventual disintegration. He spoke yesterday in Kaduna while chairing a conference on “The North and the challenge of leadership” organised by Sir Ahmadu Bello Memorial Foundation and Arewa Research and Development Project (ARDP), to mark the 52nd anniversary of the murder of northern political leaders in the first military coup in January 15, 1966. Coomassie lamented the endemic corruption and nepotism that has eaten deeply into the Nigerian society, noting that as a result the provision of quality education, potable water, efficient health services and power supply had been relegated to the background. Commasie recalled that the era of SirAhmadu Bello and Tafawa Balewa was a golden period for Nigeria and the Northern region, as they laid foundation and charted the course for the most unprecedented, purposeful and progressive development ever witnessed in the north, in spite of the fact that they were not degree

holders. He said northern progress and northern unity were uppermost in their thoughts processes while administering this large expanse of territory which was more than half of Nigeria. “They ensured even development, justice and fair play for all the citizens. It was a period devoid of religious and ethnic bigotry where people from the numerous ethnic nationalities or creeds, held each other in mutual respect. “Corrupt practices by both politicians were very minimal. Things like inflation of contracts or favouritism in the award of contracts were virtually non-existent. “In short, the Northern Nigeria before January 15th 1966 was a territory that was characterised by visionary leadership and tireless dedication to duty to the community. “Leaders were known for their integrity, their sincerity and their humility”, he recalled. He regretted that in spite of the fact that the North was broken into 19 states and administered by governors, for all intents and purposes to bring governance closer to the people and propel development, the reverse had been the case as political office holders pay scant attention to the needs of their populace. Commassie said corrupt practices

Abba Moro: FG Should Have Responded Rapidly to Herdsmen Attack George Okoh In Makurdi Former Minister of Interior, Mr. Abba Moro, yesterday said the federal government should have promptly tackled the herdsmen attack on Benue State immediately report was sent on the impending attack. He added that proactive measures need to be taken by both federal and state governments to bring to an end the crises between herdsmen and farmers. The former minister said this in a chat with journalists during the burial of the mother of the Chief Press Secretary to Bayelsa State governor, Francis Otta Agbo. He said the primary responsibility of the government at all level is the protection of lives and property. “I always say that federal government should have shown more concern and empathy about the crisis and killings by herdsmen across the country. “I also think the state government should have done more than mere rhetorics and cry of emotion on what should have been done or what should not have been done. “Expression of sentiments will not secure our lives and property, we must take practical steps to contain the situation,” he said. Moro said Benue from all ramifications has contributed tremendously to Nigeria and should have been accorded her dues. According to him, “In crisis times, Benue had contributed men and women to fight wars for Nigeria, even in food security crisis the state is known to be the food basket of Nigeria, whichever way you look at it, Benue has paid its dues.

He said the killings in the state were not in any way connected to the Benue Anti-Open Grazing, noting that the most unfortunate thing about the crisis was the lies going round. “A lot have been said about the Benue situation. It started from Agatu where many lives and property were lost, Guma, Logo, then virtually all local governments in Benue at one time or the other experienced this unkind killings of our people. “But the law was just enacted last year, so what had been responsible for the killings in Agatu. Today, we have lost many lives and it is very sad,” he said. Also, the Movement Against Fulani Occupation (MAFO) in Benue State has called on the federal government to declare the Miyetti Allah Organisation as a terrorist group as well as arrest its leaders for prosecution. Spokesman of the group, Mr. Sam Abah, at a press conference in Makurdi, yesterday also urged the federal government to step up current security presence in Benue to include active search for and flushing out of all terror gangs roaming in the state. The group further asked the federal government to set in motion machinery for the reconstruction, rehabilitation and compensation of communities in the state ravaged by the over 47 separate attacks between 2011 and 2018. Meanwhile, over 40 persons have been arrested as a result of skirmishes in Makurdi, Benue State capital at the weekend. Police Public Relations’ Officer, PPRO, Moses Yamu, disclosed this on phone to THISDAY yesterday.

have become endemic as contract sums inflated, more often than not, while funds earmarked for projects that will benefit the people are squandered and the projects never executed. According to the former IG, “Nepotism has become commonplace in most appointments. People who lack the requisite qualification are appointed to sensitive positions in the public sector either because they are related to or are cronies to powerful political figures with

resultants devastating consequences to the polity.” Coomassie lamented further that “service sectors, such as in the provision of quality education at all levels, the provision of potable water, the delivery of efficient health services and power supply have all been relegated to the background.” He accused state governors for embarking on projects that have no bearing for the people, saying: “State governors today are busy building billion naira airports, government houses and other white elephant

projects while their people live in wanton poverty and squalour.” The former IG said the high rate of unemployment among graduates has made the vulnerable to all sorts of anti-social behaviour while politicians use them as a tool to foment political violence or as foot soldiers of ethnic or religious bigots and extremists to destroy the peace and serenity the North was known for. “Clearly, we have a problem of good governance. But is the problem the result of faulty choices

of candidates to hold political office or is it as a result of other sinister motives? “It is my hope that this conference will provide answers. If it is the result of poor selection processes, how can we rectify them? If the actions are as a result of other sinister motives, then, we must identify them and proffer solutions. “Unless we approach these problems with the seriousness they deserved, we may be heading towards anarchy and eventual disintegration,” he said.

WELCOME TO OUR EVENT

Delta State Governor, Senator Ifeanyi Okowa (right), being welcomed by Col. Alhassan Grema, during the laying of wreath to mark the 2018 Armed Forces Remembrance Day in Asaba...yesterday

Terrorists Infiltrated Fulani Herdsmen, Says Kalu Ejiofor Alike A former Governor of Abia State, Orji Uzor Kalu, has stated that terrorists have infiltrated Fulani herdsmen to attack communities, stressing that he was quoted out of context in a report credited to him that Fulani herdsmen are not responsible for the attacks and killings of innocent Nigerians in various parts of the country. In a statement issued yesterday by his Media Assistant, Kenneth Udeh, the former governor expressed his sympathy to victims of the attacks. He, however, urged the general public to understand that when critical national issues arise, it is pertinent to look at the causes and solutions to those issues from

various angles in order to assist the Army and other sister security agencies solve the problem. He argued that the Nigerian Army, including the coordinated joint border task force in Nigerian border countries have dealt decisively with the Boko - Haram terrorists in their various enclaves and strong holds in the Northern parts of Nigeria as well as border countries like Niger. Kalu clarified that from the interview he granted in his home town on January 7, he had posed the question that “isn’t it possible that such terrorist elements may have infiltrated the rank and file of the Fulani herdsmen to continue to perpetrate it’s nefarious evil activities of terrorism by killing people in such barbaric manners?”

Kalu further argued that there might have been a few instances which the Fulani herdsmen might have been involved but It would be highly erroneous and irrational to conclude that all Fulani herdsmen who are nomadic in cattle rearing are killers and generally responsible for the attacks. “Nigeria even before her independence has lived peacefully with the Fulani herdsmen rearing their cattle in various parts of the country. Dr. Orji Kalu’s opinion poses a series of questions that if well answered might just be the solution to the incessant attacks. That after all these years of the peaceful cattle rearing activities of Fulani herdsmen in Nigeria why is it now that the elections are close by that the attacks are

on the rise?” he asked. Kalu stated that since the inception of the administration of President Buhari, Nigerian soldiers have been well equipped without its funds being embezzled or diverted to enrich a few in the society, unlike the past administration. “Isn’t it possible that a few aggrieved from the past administration may engage in deploying their stolen funds to sponsor terrorists from neighbouring countriestoinfiltratetheFulaniherdsmen undertheguiseofcattlerearingandland disagreement to perpetrate these attacks inorder to discredit the administration of the President in his fight against corruption and terrorism which the past administration failed woefully in?” Kalu said.

Injurious Falsehood: Trial of Misau Commences Jan 29 A Federal Capital Territory (FCT) High Court in Maitama yesterday adjourned until January 29, commencement of trial of Senator Isah Misau (APC-Bauch-Central), charged with injurious falsehood. Misau was dragged before the court by the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN), on a five-count charge. The charge bordered on injurious falsehood against the Inspector-General of Police, Ibrahim Idris, Chairman, Police Service Commission, Sir Mike Okiro and the Nigeria Police Force. The offences, he alleged, contravened the provisions of

Section 393 (1) of the Penal Code. He was first arraigned before Bello on October 19, 2017 and he pleaded not guilty to the five-count charge and was admitted to bail in the sum of N5million. At an earlier sitting on November 28, Dr Alex Izinyon (SAN), informed the court that he had the fiat of the Attorney-General of the Federation to take over the matter as prosecution counsel. He further informed the court that following the directive, he filed two applications before the court, dated November 28, 2017. Iziyon told the court that the first application sought to correct some of the five-count charge as well as

add two other persons to it. The second application, he said, was challenging the propriety of Misau to issue subpoena on the Inspector-General of Police to give the defendant certain documents in his possession as well as to testify for him. He stated that the application sought the leave of the court to set aside the subpoena issued on the IG. Responding to this, counsel to the senator, Joshua Musa (SAN), declared that the move by the prosecution to amend the charge was unnecessary as the charge in the first instance was irregular as it did not have the seal of the lawyer who filed it.

Musa informed the court that the defence would file a preliminary objection, adding that until the original charge was regularised, it could not be amended. Responding to this, Izinyon stated that the original charge was filed by the Office of the AGF, adding that the charge was read to the defendant in court and his plea was taken without any objection to it by his counsel. The judge, Justice Ishaq Bello, ruled that if the amendment was meant to correct the perceived error in the original charge, it should be allowed to be amended. He adjourned the case until January 29

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NEWSEXTRA

Saraki, Dogara Seek Enhanced Welfare for Military Buhari, Osinbajo, others honour fallen heroes James Emejo and Paul Obi in Abuja Senate President, Dr. Abubakar Bukola Saraki and the Speaker of the House of Representatives, Yakubu Dogara, yesterday called on the federal government and military authorities to prioritise the welfare of both their serving and retired personnel, in view of the enormous sacrifices they render to sustain the peace and security of the country. Saraki, according to a statement by his Special Adviser, Media and Publicity, Yusuph Olaniyonu, made the call after laying a wreath at the National Arcade to commemorate the 2018 Armed Forces Remembrance Day, led by President Muhammadu Buhari. He lauded the national attention being accorded the nation’s armed forces through the annual celebration of the Armed Forces Remembrance Day, and said it is time to do more for members of the armed forces still serving and those who have retired, while not neglecting the families of the fallen heroes. Saraki said: “I must commend the federal government for its commitment to ensure that the nation’s armed forces are fully catered for in terms of operational logistics and welfare packages. But there is room for more when you

consider that these are men who have given their all and continue to give their all for the security, stability and prosperity of the country. “While serving members of the armed forces must be made to feel that their effort at protecting the territorial integrity of the country and assisting in the maintenance of law and order internally – often at the risk of their very lives – is not in vain, the welfare of the immediate families of all our fallen heroes must be given due consideration,” he stated. While commending the leadership and members of the Nigerian armed forces for their continuous support to civil authorities in ensuring the safety of lives and property in all parts of the country, he called on them not to relent in restoring peace to all troubled parts of the country. On his part, Dogara commended the courage and sacrifice of men of the Nigerian Armed Forces, maintaining that their efforts at preserving the territorial integrity of the country and security of lives and property would never go unrecognised. The Speaker noted that it is certainly the manifestation of the ultimate act of courage and sacrifice to willingly take up a role to put one’s life at risk in order to secure the sovereignty

of the whole nation. He also remembered the families of the fallen heroes who have been deprived of the presence and care of their loved ones, adding that though no compensation could ever replace them, it is the duty of the government to ensure that their welfare is not compromised by ensuring that their full entitlements are always paid without delay. He said:”As we mark the 2018 Armed Forces Remembrance Day, let us remember to always show genuine appreciation to gallant men and women who deprived themselves of so much so that we may have this nation, Nigeria. Even in death, their sacrifice will

never be in vain. “We haven’t forgotten their efforts and acts of courage in the war against Boko Haram in the North-east. Our experience, at the peak of this insurgency only emphasises how our country would have been if we didn’t have dedicated men and women constantly on guard to protect the sovereignty of Nigeria. According to him: “The House of Representatives will continue to partner with the executive to ensure that the Armed Forces are properly funded to be able to discharge their duties effectively. “We forever remain indebted to them, and want to use this occasion to say thank you for your sacrifice for all Nigerians.”

Meanwhile, as part of the grand finale of the 2018 Armed Forces Remembrance ceremony yesterday, President Muhammadu Buhari; praised men of the armed forces for their courage and sacrifices as they grapple with diverse and contemporary security challenges plaguing the country. He pledged that his administration would continue to do all within its power and resources to ensure that their welfare is adequately catered for. He stressed that he “looked forward to a time when business concerns and service providers in the country would give special recognition and consideration to the distinguished citizens and support the veterans’

cause in any way they can through voluntary donations, employment opportunities and welfare support.” He observed that “as a government, we desire to improve the capability of our Armed Forces. I am glad that our efforts are yielding positive results already in boosting the morale of men and women of the armed forces. “We will continue to engage them in training and retraining to improve on their capacity to discharge their constitutional roles. “As I launch the Emblem today, I call on all Nigerians, the Diaspora and our friends to donate generously to the cause of the Nigerian Legion and families of the Fallen Heroes,” he stated.

Ambode Appoints Ajanaku Special Adviser on Information and Strategy The Lagos State Governor, Mr. Akinwumi Ambode, has approved the appointment of Mr. Idowu Ajanaku as the Special Adviser on Information and Strategy with immediate effect. In a letter signed by the Head of Service, Mrs. Folasade Sidikatu Adesoye, the appointment is in line with the governor’s vision to strengthen the information

machinery in the state with the aim of making it more people oriented and effective, right to the grass-root. Ajanaku, a multiple awardwinning journalist and political strategist until his elevation, was the Senior Special Assistant to the Governor on Media and Strategy. He is expected to use his wealth of experience to promote Ambode’s administration

having worked with the Vanguard and The Guardian Newspapers for over one and half decades. He holds a Bachelor’s degree in History and International Studies (Second Class Upper) from the Lagos State University (LASU) and a Masters degree with distinction in History and Strategic Studies from the prestigious University of Lagos (UNILAG). He is also a fellow

of Martin Luther King Center for Leadership.

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T H I S D AY ˾ TUESDAY, JANUARY 16, 2018

TUESDAYSPORTS

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

CHAN 2018…CHAN 2018…

Wasteful Home-based Eagles Held by Rwanda Libya too strong for Equatorial Guinea Duro Ikhazuagbe Home-based Eagles began their African Nations Championship (CHAN) campaign in Tangier, Morocco sluggishly last night sharing points with Rwanda in a 1-1 game Nigeria had the chance to take the driver’s seat of Group C. With Libya’s commanding 3-0 performance against Equatorial Guinea in the Group C opening game earlier in the day, Salisu Yusuf and his wards would need to up their ante as they confront the men from Muammar Gaddafi’s country on Friday in a game that may decide Nigeria’s fortunes at this

edition of CHAN. It remains a mystery how Eagles fluffed the early begging chances in the game they dominated, created chances yet failed to find the back of the net. It was not a vintage display by the Home-based Eagles. Shooting Stars’ youngster, Sunday Faleye, a bright spark in the Eagles attack, got the first chance after five minutes, but his header off a cross by Emeka Ogbugh bounced off the crossbar. In the 20th minute, Faleye again had the chance to put the Eagles ahead, but the diving Rwanda goalkeeper

Eric Ndayishimiye somehow blocked his chipped shot from right inside the box. Two minutes later, it was the turn of Lobi Stars’ Anthony Okpotu to head wide to signal a bad omen that may happen in the game. If Okpotu can be forgiven, the case of Kano Pillars’ veteran Rabiu Ali deep into the first half was unforgivable. Twice Ali had the chance to get

Nigeria in front he bungled the opportunities. With Rwanda keeper sprawling on the turf Ali opted to balloon high above the crossbar in the 40th minute. And then two minutes later, his shot from distance hit the cross bar with the goalkeeper caught out. On return from the half time break, the Amavubi grew in confidence since the hiding they were expecting to get

from Eagles failed to happen in the first stanza. Rwanda created a few chances with Nigeria goalkeeper Ikechukwu Ezenwa having to do more but his Rwandese counterpart remained the busier of the two shot stoppers as the Eagles pressed for a winner. Nigeria will now face Libya Friday evening at the same venue in continuation of the tournament.

Earlier in the opening game of the group, Taher Saeid’s brace and a goal from Zakaria Alharash handed Libya a deserved 3-0 win over Equatorial Guinea for them to take the top spot of the pairing. Equatorial Guinea’s Oscar Eyama was called to make a fine save in the seventh minute when he collected a header from the near post.

S TA N D I N G S GROUP A Team Morocco Sudan Guinea Mauritania

P 1 1 1 1

W 1 1 0 0

D 0 0 0 0

L 0 0 1 1

GF 4 2 1 0

GA 0 1 2 4

GD 4 1 -1 -4

Pts 3 3 0 0

P 1 1 1 1

W 1 1 0 0

D 0 0 0 0

L 0 0 1 1

GF 3 1 0 1

GA 1 0 1 3

GD 2 1 -1 -2

Pts 3 3 0 0

P 1 1 1 1

W 1 0 0 0

D 0 1 1 0

L 0 0 0 1

GF 3 0 0 0

GA 0 0 0 3

GD 3 0 0 -3

Pts 3 1 1 0

P 0 0 0 0

W 0 0 0 0

D 0 0 0 0

L 0 0 0 0

GF 0 0 0 0

GA 0 0 0 0

GD 0 0 0 0

Pts 0 0 0 0

GROUP B Team Zambia Namibia Cote d Ivoire Uganda

GROUP C Team Libya Nigeria Rwanda E’Guinea

GROUP D Team Angola Burkina Faso Cameroon Congo

Edo to Reintroduce Cricket in Schools Adibe Emenyonu in Benin City As part of measures to reintroduce sports in the curriculum of schools in Edo State, the state’s cricket association has said that plans have been perfected to introduce the game of cricket. The association Chairman and Vice President of the Nigeria Cricket Association (NCA), Uyi Akpata, disclosed this at the kick-off of the state’s 2018 cricket season in Benin City at the weekend. He said as part of the plan to achieve this, the association would soon be aligning with the state’s ministry of education on the matter. The chairman who said the government should not be fully involved in supporting sports in terms of financing, because it will not be sustainable, however stressed that government intervention in sports should come in terms of support and structure. “For instance, it is the state government that has given us this ground we are using for our games. They have also promised to do a perimeter fence round the school. We believe they can assist us to build hostel in the schools also,”

he further observed. According to him, “We want to see the government come in to encourage schools, to support their children for the growth for the sport “There should be partnership between the government and private sector. When there is a good leadership from the private sector side, government should totally align by assisting for sports to develop. “The area where I really want to see the government come in in the game of cricket is encouraging the schools to support their children,” stressed the cricket chief. He further said that as part of effort at popularising the game in the state, the association has set a target of introducing no fewer than 1, 500 children to the game yearly. According to him, “CC, the global regulatory body for cricket says that Nigeria should introduce about 5, 000 kids to the game yearly, but we in Edo have already set a target of 1, 500 for ourselves. “We are able to do this because we have taken the cricket beyond Benin, to Auchi and Ekpoma in Edo North and Central senatorial districts. We are taking the game to the primary schools levels.”

Home-based Eagles forward, Anthony Okpotu (left) receiving instructions from Head Coach, Salisu Yusuf, during the clash with Rwanda in Tangier, Morocco… yesterday

AUSTRALIAN OPEN

Top Seed Nadal Eases Through to Second Round World number one Rafael Nadal powered into the Australian Open second round with a routine win over the Dominican Republic’s Victor Estrella Burgos. The Spaniard, playing his first tournament match since suffering a knee injury in November, won 6-1 6-1 6-1 in 94 minutes on Rod Laver Arena. Nadal, who is aiming for a 17th Grand Slam title and a

second in Australia, said his knee was “feeling good”. “If I did not feel ready I would not be here. I’m happy to be back,” he said. “I always have doubts, but at the same time I have confidence that I was ready to start the tournament and that was the case.” The injury forced Nadal to miss this month’s Brisbane International, and he only had a one-match workout at

the exhibition Kooyong Classic before heading into the first Grand Slam event of the year. But the Spaniard, who was beaten by Roger Federer in last year’s final, got off to a perfect start and raced to victory over the 37-year-old. The world number one will play Leonardo Mayer of Argentina next. This is the 52nd Grand Slam of Nadal’s career but the first without his long-time coach and

uncle Toni Nadal in his box. Toni announced last season that he would cease to travel with his nephew at the end of 2017 to focus on the family’s academy in Majorca. Fifth seed Venus Williams, 10th seed Coco Vandeweghe and US Open champion Sloane Stephens were all knocked out of the women’s event. Williams- a finalist in Melbourne last year - lost 6-3 7-5 to world number 78 Belinda Bencic.

Sterling Bank Excites Customers with World Cup Trips Sterling Bank Plc, the one-customer bank has reemphasised its passion for football by rewarding its customers with a chance to witness the biggest footballing event at Russia 2018, the English Premier League and the UEFA Champions League in its ongoing promo tagged 1dament at the first general draws held in Lagos. The draws which held at the bank’s head office saw two customers emerge winners of an all-expense paid trip to watch Nigeria’s Super Eagles first match at the World Cup in Russia with additional four other customers winning trips to watch EPL matches

in England. Other winners include five individuals with allexpense paid holiday trips to destinations of their choices, while 128 individuals won consolation prizes of N100,000 each. The event which was witnessed by officials of the Consumer Protection Council (CPC), Lagos State Lotteries Board (LSLB), National Lottery Regulatory Commission and Akintola Williams Deloitte as well as senior officials of the bank, saw customers which were selected via an electronic raffle draw system emerged winners from various parts of the country.

Some of the winners contacted by phone expressed surprises for winning in the promo and promised to encourage members of their families and business associates to also bank with Sterling Bank. The grand prize of the 1dament Promo will see a Sterling customer emerge the new owner of a Home in Lekki, Lagos. According to officials of the bank all a new customer needs to do is to open an account with a minimum of N500,000 and maintain same in their account for 90 days; while existing customers must increase existing balance by

a minimum of N500,000 and keep for 90 days. The Sterling Bank 1dament promo is also expected to make eight customers win an all-expense paid trips for to watch select World Cup 2018 matches and another eight customers would also win all- expense paid trips to watch select English Premier League/ UEFA Champions League matches. “To qualify, new customers are required to open an account with N100,000 and maintain same in their account for 30 days while existing customers are required to increase their balance by a minimum of N100,000 and keep for 30 days.

T H I S D AY TUESDAY JANUARY 16, 2018

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Tuesday January 16, 2018

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Price: N250

MISSILE Ortom to Buhari

“The way forward is ranching because it is a global best practice. And it is not just practised in other parts of the world, on African soil in Swaziland, South Africa, Kenya, Tanzania, Mozambique, almost all African countries that rear cattle, they ranch, so why can’t we do the same thing here?” – Benue State governor, Samuel Ortom rejecting a proposal by the Muhammadu Buhari’s administration to adopt the concept of establishing cattle colony to accommodate Fulani herders as a mean of quelling the constant clashes with natives.

TUESDAY WITH REUBENABATI abati1990@gmail.com

The Season of Recanting “I

wish I could travel to the US right now” “Why? Why not wait till summer time?” “No, I feel like going there physically to tell President Donald Trump exactly how I feel about the statements he has been making about the black world.” “You don’t need to go to the US to do that. Follow him on twitter and tell him what you feel.” “I am just angry.” “We all are. Each time the man opens his mouth, pure shit comes out. I mean, he has lowered the dignity of the office of the American President.” “You know when he said Haiti and African countries are shit-hole countries, it was as if a part of me died. I am black and proud. But by calling us citizens of shithole countries, President Trump just stuck a pin in the entire framework of the African Renaissance, Negritude, and the growing wave of Afro-optimism”. “But the man has recanted though. He said he didn’t actually say so, and that he is not in any way a racist.” “He only used tough words. I heard him. But what are those tough words? The words of an American villager who does not believe in the dignity of other peoples of the world; the words of a nativist, and an egotist.” “This was how the man once said Nigerians live in huts” “He should visit the private palaces of Banana Island or Asokoro and come and see what he calls huts.” “Can you blame him? He says he has special intellect, and he is a stable genius and a billionaire.” “Which billionaire? Is he richer than Dangote? Let him stop boasting. He is a billionaire. Can he spray better dollar at a party? The man is an accidental President. He should learn to carry himself with decorum. That was how the other day he even said the people from Haiti all have AIDS.” “He has been most unfair to the people of Haiti if you ask me. He needs to be reminded that the people of Haiti fought for American independence. The Volunteer Hunters of Saint-Domingue, the largest unit of men of African descent fought in the American Revolutionary War in Savannah, Georgia.” “The year was 1779. But what has been Haiti’s reward. America has consistently joined Europe to plunder and humiliate Haiti. I know the history. Haitians did not go to America on a boat. They went there as revolutionaries. Henri Christophe and the other Haitian Revolutionaries must be turning in their graves. To be so insulted by a man whose ancestors were not part of the Revolution that he now benefits from as President of a United States.” “It is the black man’s burden. You know even during the American Revolution, men of colour were treated as second-class citizens. Trump speaks for an established tendency. You’d be surprised that the mainstream, average American doesn’t see anything wrong in what he has said. Many white Americans actually believe that we live in shitholes. In fact, worse, hell-holes” “What surprises me is the fact that there are many Uncle Tom Africans and black people who believe that Trump has not said anything that we

President Muhammadu Buhari do not know already.” “Some people enjoy being oppressed and abused. They have no pride. If you abuse their mother, they will say Yes sir (!), before realising their folly” “It is called the Stockholm syndrome.” “One guy sent me a video message on whatsapp showing some people in Agege, jump-starting a train, and he asked: what is this? Is this not a shit-hole? And we are blaming Trump?” “How do you jump-start a train? What is that?” “The train suddenly stopped on the rail-track and the engine refused to start. The passengers came down. Passers-by joined them and they pushed the train until the engine coughed back to life.” “In Nigeria?” “In Agege, Lagos. I saw the video. The passengers were so happy and they cheered as if something glorious had occurred.” “Whatever. That still doesn’t make us a shithole. Growth is a process, not a structure.” “I got a note from one of our brothers in the US. He said we should see the Trump statement as a challenge to make our continent better. When Americans hear that state Governors in Nigeria do not pay salaries, or that African leaders change the Constitution so they could remain in office for life, or that some countries have no electricity, no potable water supply and that the United States has to assist some African countries to buy mosquito nets, while the country’s lawmakers are busy dancing and junketing around the world, they simply conclude that Africa is a shithole.” “Which shithole? There are many Nigerians in the United States who are better educated than most Americans. We are the most educated set of African immigrants in the United States.” “So, how does that take the shit out of you? That’s what the average American thinks. With all your education, they may still ask you: where did you learn to speak English?” “Right inside my mother’s womb” “And then of course, when they hear about Boko Haram and the killing of human beings to avenge the theft of cattle, I mean, I mean, the confused American would just start screaming shit, shit, shit mehn.” “There is more shit in America than in the entire African continent and Haiti. Trump owes us an apology.” “Some people are likely to say it is African leaders

who owe our people an apology for turning us into the laughing stock of the world. Are you aware that the Chinese and Asians in general also think Africans and black people are full of shit; it is just that they don’t say it?” “If anybody tries that, I will punch him or her in the face.” “If you are looking people to punch in the face, I can recommend some people around here. Let’s leave Trump alone with his shit.” “Like who and who?” “The people who put Nigeria in this mess. All the people who had the opportunity to deliver change and progress but turned Nigeria into Trump’s wash-hand basin.” “How many persons are you going to punch in the face? You’d end up having bruised knuckles. Shouldn’t we at least thank God that some people are beginning to confess and recant?” “Fulani herdsmen have confessed and recanted?” “Who is talking about Fulani herdsmen? Fulani herdsmen want grazing colonies across Nigeria and their right to do business in any part of Nigeria.” “Who is questioning that? Every Nigerian is entitled to basic freedoms but not at the expense of others. And as for grazing colonies, government has to come up with a more creative and acceptable solution. Nobody in the South wants a grazing colony.” “Speak for yourself.” “I don’t want anybody to graze cattle on my family’s ancestral land. If anybody tries that, I’ll report the matter to the Aaare Ona Kakanfo of Yorubaland, Chief Gani Adams. ” “Not the police?” “Which police? The same police that described criminal conduct as community clashes? You think the Yoruba traditional rulers who have appointed a Generalissimo of the Yoruba army do not have a strategic reason for doing so? Let anybody come and take Yoruba land and let us see.” “Government can take land in the public interest and convert it into a cattle colony.” “In that case, I hope the same government will take land in parts of the North and give to the National Piggery Association to establish pig colonies across the North. Igbo livestock farmers are also demanding colonies for their pigs in all states of the Federation.” “I don’t think Northerners will want anybody to come and set up piggeries all over their territory. Muslims regard a pig as a dirty and unclean animal. Muslims don’t eat pork, but you eat beef.” “No. I eat fish. In fact, I am planning to join the Boycott-Beef-Movement of Nigeria, if that will put an end to cattle grazing and the conflict between pastoralists and farmers. I can’t accept that the life of a cow is more important than that of a human being. Did you see some of those gory pictures from Benue? Human beings were slaughtered like cattle at the abattoir.” “I am sorry, you are beginning to sound like Trump. You are describing a shithole of a place.” “I can criticise my country if I wish, but Trump has no right to be rude to us.” “When we become a country in a real sense, you’d be able to speak with true pride. Look at Ghana. Look at Botswana. Their Presidents immediately issued statements to tell Trump off. Nigeria has not uttered a word. The shithole countries tend

to know themselves. But there is is hope. May be things will change.” “Change. I hear that all the time. Afterall, they have started again. Fr. Ejike Mbaka recently preached that the only way we can have change is for President Buhari not to seek a second term, and that if he does, he will be disgraced at the polls.” “The man don recant be that oh. He don change prophecy. I think he owes us an apology.” “Let him keep his apology. The one that really shocks me is that of Pastor Tunde Bakare delivering a state of the nation address in which he scored the Buhari administration so low.” “I am not interested in his scores. He should revive the Save Nigeria Group and return to Ojota. What is fair is fair.” “But the man spoke oh. No holds barred. I couldn’t believe he would attack President Buhari like that. I listened to him as he spoke about signs of retrogression, unemployment. ” “I hear he wants to be President” “This his last sermon was not about Presidential ambition. He called for a renegotiation of Nigeria because according to him, Buhari has failed Nigeria.” “What? Did he mention Jonathan?” “I think that trick of blaming Jonathan for everything wrong with Nigeria is no longer working. People have seen through that. If you know the number of young people who campaigned for the APC in 2014/2015 who are now recanting. In fact, many of them are very angry.” “The children of anger have found another victim! I read those things and laugh. I thought we told them and they said we were clueless. They have now seen the true meaning and nature of cluelessness.” “I won’t say that. It is not good to gloat. In a democracy, the people have the right to make choices and that includes the right to make mistakes.” “One of their aunties, the Red Card auntie, has moved from looking for Chibok girls to distributing red cards and asking people to reject both the PDP and the APC. You know what her yesterday’s friends told her?” “No.” “They told her to go and join the National Referees Association, and stop abusing the Red Card. She too has recanted. She has seen the light.” “I don’t see why you find this funny.” “Let me finish. You see one of those boys who used to flex muscle on twitter. I read an article by him too. He publicly apologized for being misled and for misleading others.” “He doesn’t have to. The problem with us in Nigeria is that we are too emotional. We should learn to be analytical. Suppose it is corruption that is fighting back, at the root of whatever is making you laugh.” “Even our brother, Bob Dee, Dele Momodu has expressed his regrets. He wrote this hot article…” “The problem with us in Nigeria is that we love slogans. We should learn to get to the root of things before taking positions. The people are emotionally conflicted; our bail-out Governors don’t know what to do. Every little thing, they run to Abuja to beg for a bail-out. The failure of governance at the state level is the real problem.” “You mean the real shit-holes are in the states?” “I think so.” “Shit. Shit.”

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