Tuesday 6th February 2018

PDP Declares 2019 Presidential Ticket Open for All Rejects Osinbajo panel on herdsmen-farmers’ conflict

Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) has declared that none of its established organs will anoint a presidential aspirant

ahead of the 2019 general election. This is just as the party has rejected what it described as a belated response to the incidence of herdsmen-farmers’

bloody conflicts in the country, leading to the slaughter of hundreds of people. It described the decision to set up a committee headed by Vice-President Yemi Osinbajo

as pretentious. The party also condemned the alleged double standards exhibited by the federal government in feigning ignorance over the massive

corruption going on in the management of the fuel subsidy scheme, which it had declared non-existent while at the same time billions of naira was being deducted

monthly from oil proceeds that should have been paid to the Federation Account. In a communiqué issued Continued on page 10

President Signs Executive Order to Enhance Local Content in Public Procurement… Page 6 Tuesday 6 February, 2018 Vol 23. No 8328. Price: N250

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Nigeria Pays US Govt $496m for Acquisition of 12 Tucano Fighter Jets Shettima lauds war theatre commander, Gen. Nicholas, says predecessor was a disaster Olawale Ajimotokan and Michael Olugbode in Maiduguri The Nigerian government has paid the United States government $496 million for the acquisition of 12 Super Tucano fighter jets to be used by the Nigerian Air Force in

the ongoing military operations against the Boko Haram insurgency in the North-east. Minister of Defence, Brig.Gen. Mansur Dan-Ali (rtd.), made the revelation yesterday at the special town hall meeting Continued on page 10

Egmont: Senate, House Disagree on NFIA as Threat of Nigeria’s Expulsion Looms Damilola Oyedele in Abuja Despite the looming threat of Nigeria’s expulsion from the Egmont Group, a 152-nation network of national financial intelligence units, the Senate and House Committees on Anti-Corruption have been at loggerheads over the domiciliation of the Nigerian Financial Intelligence Unit

(NFIU). The bill to grant financial and operational autonomy to the unit, which has been passed by both legislative chambers, is before the conference committee of the National Assembly, which is required to harmonise the discrepancies in both versions of the legislation. Continued on page 6

IG Declares Afegbua, Babangida’s ARKWRIGHT DOES THE ROUNDS… President of the Senate, Senator Ike Ekweremadu, with the British High Commissioner to Nigeria, Mr. Paul Spokesman Wanted… Page 12 Deputy Arkwright, when the envoy paid a visit to Ekweremadu in Abuja… yesterday

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President Signs Executive Order to Enhance Local Content in Public Procurement Executes bilateral air services pact with five countries Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday in Abuja signed an Executive Order to enhance local content in public procurement.

The order, according to his media aide, Mallam Garba Shehu, which consists of science, engineering and technology components, is expected to promote the application of science, technology and innovation

towards achieving the nation’s development goals across all sectors of the economy. The statement said the president, pursuant to the authority vested in him by the Constitution, ordered that

all “procuring authorities shall give preference to Nigerian companies and firms in the award of contracts, in line with the Public Procurement Act 2007”. The Executive Order also

prohibits the Ministry of Interior from issuing visas to foreign workers whose skills are readily available in Nigeria, adding that where expertise is lacking, procuring entities will give preference to foreign companies and

L-R: Chairman, Board of Directors, Fidelity Bank Plc, Mr. Ernest Ebi; President, Dangote Group, Alhaji Aliko Dangote; Managing Director/Chief Executive, Airtel Nigeria, Mr. Segun Ogunsanya; Chief Executive Officer, EbonyLife TV, Ms. Mo Abudu; and Managing Director/Chief Executive Officer, Fidelity Bank, Mr. Nnamdi Okonkwo at the movie premiere of Royal Hibiscus, a romantic comedy sponsored by Fidelity Bank… Sunday

firms with a demonstrable and verifiable plan for indigenous development, prior to the award of such contracts. The statement added that in the order titled: “Presidential Executive Order Five for Planning and Execution of Projects, Promotion of Nigerian Content in Contracts and Science, Engineering and Technology,” the president has directed ministries, departments and agencies (MDAs) to engage indigenous professionals in the planning, design and execution of national security projects. It said: “Consideration shall only be given to a foreign professional, where it is certified by the appropriate authority that such expertise is not available in Nigeria.” The president also signed the Instruments of Ratification of the Bilateral Air Services Agreements between the Government of the Federal Republic of Nigeria and the Governments of the People’s Democratic Republic of Algeria, the Republic of Congo, the People’s Republic of China, the State of Qatar, and the Republic of Singapore. In another statement, Shehu said the execution of the instruments was expected to link Nigeria’s aviation with the respective countries and consequently improve significantly flight operations to and from the countries.

E G M O N T: S E N AT E , H O U S E D I SAG R E E O N N F I A AS T H R E AT O F N I G E R I A’S E X P U L S I O N LO O M S But while the Senate committee recommended that the unit be moved from the Economic and Financial Crimes Commission (EFCC) to the Central Bank of Nigeria (CBN), the House committee has remained adamant that the autonomous unit must be retained within the EFCC. The failure to agree on the domiciliation of the unit has delayed the transmission of the bill to President Muhammadu Buhari for his assent, THISDAY has learnt. If the impasse is not resolved, Nigeria which was suspended from the group in July 2017, would be expelled at its next meeting expected to hold next month, a development which holds dire consequences for the nation’s financial sector. One of the major drawbacks is Nigerians may no longer be able to fund international transactions, as the country’s expulsion could affect the use of Visa and Mastercard credit and debit cards issued by Nigerian banks. It could also affect the international ratings of Nigerian financial institutions, restricting their access to some big-ticket international transactions. Speaking in a phone interview yesterday,

the Chairman, Senate Committee on AntiCorruption, Senator Chukwuka Utazi, blamed the delay in transmission on the insistence of the House committee to domicile the unit within the EFCC, though it will be granted financial autonomy. He confirmed that the issues, which led to the suspension of Nigeria – the absence of operational and financial autonomy of the unit – were yet to be tidied up. “They (Egmont) already said if we did not comply, they would expel us, so there is no fresh news there. They gave a deadline after the suspension in July 2017. “We are working towards it, nothing has been done. The bill has been passed by the Senate and we are at conference committee with the House Committee on Anti-Corruption. “But the House is not complying, that is the problem. The Egmont Group said it does not want the NFIU to be with the EFCC, but the House of Representatives is insisting that it must be domiciled under the EFCC, so that is it,” Utazi explained. The Chairman of the House Committee on AntiCorruption, Hon. Kayode Oladele, however, clarified that the domiciliation of the

unit was not the contentious issue that led to Nigeria’s suspension, but the lack of financial and operational autonomy of the unit. Also speaking with THISDAY yesterday, Oladele said the Egmont Group demanded the enactment of a legal framework for the NFIU, not a fundamental relocation. “The reason the Egmont Group suspended Nigeria was not that the NFIU is domiciled in the EFCC, but for political reasons. Some people always change the story to justify certain actions which they want to take. “There are two sections (in the EFCC Act) that were the bone of contention for the Egmont Group, which said the sections tend to fuse the EFCC with the NFIU, making them seem to be the same. That is the fusion they said we should clearly distinguish,” Oladele said. Section 1, Sub-section 2(c) of the EFCC Act states that the commission is the designated financial intelligence unit in Nigeria charged with the responsibility of coordinating the various institutions involved in the fight against money laundering and enforcement of all laws dealing with economic and financial

crimes in Nigeria. Also, Section 6(l) pertaining to the functions of the commission, provides that the EFCC shall be responsible for the collection of all reports relating to suspicious financial transactions, analysing and disseminating them to all relevant government agencies. Oladele further cited Recommendation 29 of the Financial Action Task Force (FATF), which permits the domiciliation of the Financial Intelligence Unit in any larger organisation as long as it has its operational and financial autonomy. He explained further that the contentious sections have been deleted from the EFCC Act during the amendment by the House to remove the clash in functions. “But people do not understand, and then for some ulterior motives, they believe this is the time to fight the EFCC. But for us, it is the time to properly build a strong institution and strengthen the anti-corruption agency, without bringing into it any extraneous reasons,” Oladele said. The lawmaker said Nigeria may not be able to avert the looming explosion if it relocates the unit to the CBN, as that

amounts to a fundamental relocation, which would require representatives of the Egmont Group to first travel down to Nigeria for on the spot assessment and inspection. “We contacted national and international analysts and experts before we arrived at our decision, and from all their submissions, they advised that Nigeria would be expelled if there is a fundamental change in the structure. “Removing the NFIU from where it is currently to the CBN would amount to a fundamental change. Germany made such a change and was expelled last year. “I remember when we were working on the EFCC amendment bill, a DSS (Department of State Services) official came and said we should domicile it with the CBN. “One of the committee members asked the DSS official whether he was aware that Nigeria stands the risk of expulsion if the NFIU is relocated to CBN despite the fact that we may have passed the law. “He said he was aware but it did not matter and we would get it right later. “I know if at least the Senate leadership was aware of the consequences of the fundamental change,

they would have taken a different position,” the lawmaker said. The Egmont Group provides a platform for sharing criminal intelligence and financial information pertaining to money laundering, terrorist financing, the proliferation of arms, corruption, financial crimes, economic crimes and similar offences geared towards the support of local and international investigations, prosecution and assets recovery. Nigeria was fully admitted into the body in 2007, after operational admittance in 2005.

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STARTERS PDP DECLARES 2019 PRESIDENTIAL TICKET OPEN FOR ALL after a meeting between the PDP National Working Committee (NWC) and the governors elected on its platform in Asaba, the Delta State capital, which was jointly signed by the national chairman, Prince Uche Secondus and the chairman of PDP Governors’ Forum, Governor Ayo Fayose of Ekiti State, the party restated that its platform was open to all Nigerians aspiring for various elective offices, including the presidency. “We commend members of our party for their unalloyed support. We reiterate that our repositioned party is prepared for the 2019 elections and will ensure that all Nigerians aspiring to elective offices are free to contest on the platform of the PDP. “We want to assure that no established organ of the party is allowed to align with any presidential aspirant. We thank the people and government of Delta State for playing host to this all-important meeting.” On the incessant killings by suspected herdsmen, the party said that President Muhammadu Buhari must take responsibility for the protection of lives and property

of Nigerians, describing this as the most important of his responsibilities. The communiqué also commended members of the party and well-meaning Nigerians for their unalloyed support in the repositioning of the party for the 2019 elections, while assuring that its platform was open to all Nigerians as a level playing field for anyone to aspire even to the highest position in the country. “We strongly condemn the unabated killings across the country. We call on Mr. President to come out clean on the herdsmen killings and address the nation on how to end the carnage. “The president must take responsibility for the protection of lives and property of Nigerians, which is the most important of his responsibilities. “We believe that the federal government’s decision to set up a committee to address the issues of herdsmen killings is a pretentious approach to a matter that requires firm action and leadership by the president, in line with his oath of office to protect all Nigerians irrespective of creed, tribe and

political affiliation,” the party said. The PDP leaders also condemned attempts by the All Progressives Congress (APC) to use what it termed its phoney restructuring agenda to once again beguile Nigerians ahead of the 2019 polls. The opposition party said that it had mandated its members in the National Assembly to immediately commence the process of initiating a bill to address issues bordering on the restructuring of the country. Apart from asking the Economic and Financial Crimes Commission (EFCC) to obey court judgments and orders in respect of its handling of the probe of Ekiti State Government’s finances, PDP said it was vehemently opposed to the unilateral withdrawal of $1 billion from the Excess Crude Account (ECA) by the federal government under any guise. “We want to state unequivocally that neither the Nigerian Governors’ Forum nor the National Economic Council has the power of appropriation of the Federation Account, as such powers reside with the National and State Assemblies,” the party stated.

NIGERIA PAYS US GOVT $496M FOR ACQUISITION OF 12 TUCANO FIGHTER JETS held for the military and security agencies in Maiduguri, the Borno State capital. Dan-Ali said with the payment of the money, the U.S. government will deliver the jets as soon as possible, after accepting the letter requesting for the sale of the bomber aircraft. The Defence Minister, who insisted that the capacity of Boko Haram insurgents to carry out attacks had been completely neutralised, said U.S. President Donald Trump had commended Nigeria’s military strength when they met at a recent security meeting in Saudi Arabia. The minister recently had expressed concern over the stringent terms given by the U.S. government for the sale of the aircraft, including the non-inclusion of Nigerian military personnel during their manufacture. However, he did not state yesterday if the terms had been renegotiated with the U.S. before payment or if they had been relaxed. Speaking on the decimation of the insurgents, the minister said: “Gone are the days when our soldiers dropped their rifles and started running from the war front. Our gallant troops have successfully degraded the Boko Haram insurgents. “Let me make it clear that currently, no single Nigerian territory is under the control of the Boko Haram terrorists. For instance, before the emergence of President Muhammadu Buhari, 21 of the 27 local councils of Borno State were under the total control of the insurgents. But today, they are all liberated. “Currently no Nigerian territory is under the insurgents, while we have freed 30,000 people, mainly women and children held by Boko Haram.” In addition, he said the government had acquired five units of caterpillar armoured mine-sweepers, new French patrol boats for the Nigerian Navy, and two fighter jets from Pakistan. He also disclosed that many members of the Civilian Joint Task Force who had participated in pushing back the insurgents, may not be absorbed en masse into the Nigerian Army because of concerns over the federal character principle and other rigid eligibility requirements into the military. However, the minister’s assertion that the Boko Haram terrorists had been defeated and territories in the North-east completely liberated was challenged by the chairman, Senate Committee on Defence, Senator Abubakar Kyari. Kyari dismissed the minister’s claim, saying Marte Local Government in Borno, one of the local governments under his constituency, was yet to be liberated from the insurgents. He said though the army had succeeded in decimating the insurgents, more efforts were needed to ensure the liberation of Marte Local Government Area. Kyari also hinted that normal socioeconomic activities were yet to return in the areas recaptured from the militants, following the restrictions placed by the

security forces. He advocated for a review of the restriction on movement placed on the liberated areas so that residents could return and resume their normal lives. In his remarks, the Bornu State governor Kashim Shettima, who co-hosted the town hall meeting with the Minister of Information and Culture, Lai Mohammed, commended the federal government and military’s efforts to end the insurgency, but said they should not relent by clearing Sambisa forest of remnants of the terrorists still hiding there. “Now all the local government areas have been recovered. Suicide bombing is not a sign of strength but weakness by Boko Haram, who are a bunch of lunatics that thrive on cheap publicity. “The Nigerian military in the past couple of weeks has taken total control of the Sambisa forest; they could not do that in the past three years,” Shettima said. He singled out the Commander of Operation Lafiya Dole, Maj.-Gen. Rogers Nicholas, a non-Muslim of Igbo stock for exhibiting leadership and professionalism in the fight against the Islamic extremists. Shettima sang the praises of Nicholas, saying he and the state’s Police Commissioner, Tom Chukwu, both coincidentally from Mbaise, Imo State, changed the game in the battle in the war-torn North-east theatre. “Some of our greatest recent feats in the conflict were done by non-northerners and non-Muslims officers in the military. Most of the soldiers that sacrificed their lives are not of the Kanuri ethnic group,” he said. He admitted that the Boko Haram insurgency regained momentum after 2016 because of the failure of command at the theatre of war. Shettima was emphatic that the change of guard at the Operation Lafiya Dole Theatre Command, which saw the replacement of Maj.-Gen. Leo Irabor, who is now at the Multinational Joint Task Force, did not help in sustaining the winning spirit of the troops. Irabor was replaced by Maj.-Gen. Attahiru Ibrahim, who has also been replaced with Nicholas. The governor said Ibrahim did not give a good account of himself, as his tenure as theatre commander was greeted with embarrassing attacks on troops and civilians. Shettima said he was disappointed to observe that the previous commanders, who are from the southern states of Nigeria, did much better than the last occupant of the office who is from the north. “The last theatre commander who is even a northerner had woefully failed to perform,” said Shettima. He restated that the replacement of Attahiru with Nicholas was a game changer for the counter-insurgency operations. “When Gen. Leo Irabor, another southerner, was leaving, he left the Boko Haram insurgents in a degraded state.

But the insurgents picked up hostilities shortly after he left,” he said. Shettima said the recent victories of the military over Boko Haram were as a result of the change of guard at the military command and control centre. “Some of our greatest accomplishments in the current counter-insurgency efforts were recorded under army generals who are not from Borno and northern Nigeria. “And what we have recorded in the last six weeks outweighs what was accomplished in the last three years, especially under General Nicholas who is yet another hero of our time.” Shettima said the current tempo of the fight could only be sustained if the federal government doubles its support for the troops, especially now that the rainy season is over. “We want the federal government to deploy more resources and sustain the current tempo before the rainy season sets in,” said the governor. “We need to root out Boko Haram now before the dry Sambisa forest becomes an impregnable fortress for Boko Haram.” Also speaking at the meeting, the Minister of Internal Affairs, Lt.-Gen. AbdulRahman Danbazau (rtd.) said that the expected first phase repatriation of Nigerian refugees in Cameroon, Chad and Niger from this month might be further delayed. He said 80 per cent of the refugees or 80,000 of them were from Borno State. Danbazzau said a technical committee met with their Cameroonian counterparts two weeks ago to review the development. “We are working as hard as possible but the first phase of the repatriation which is supposed to be in February may not be possible and may be shifted by the committee. “Repatriation is voluntary, but we have the interest of the displaced people,” Danbazzau said. He said the refugees would only return once the military gives the signal that it is safe for them to return to their former places of abode. Also, former Senate Leader, Senator Ali Ndume, who was at the meeting criticised the federal government for underfunding the reconstruction of the North-east destroyed by the Boko Haram conflict. Ndume said over N2.7 trillion or over $7 billion was required for the rehabilitation of the region, noting that donor agencies had provided N230 billion. He added that the federal government only budgeted N45 billion in the 2017 budget, leaving the Borno State Government to cough up N100 billion for the effort. He lamented that of the amount appropriated by the federal government, only N10 billion was released last year to the Presidential Council on North-east Initiative (PINE), a development that overburdened the Borno government with the reconstruction efforts.

Two-Minute Briefing NEWS IG Deploys 15 Police Units,

Special Forces to Benue The Inspector-General of Police (IG), Ibrahim Idris, has deployed 15 additional police units, special forces, technical and intelligence teams to contain further attacks in Benue State. Page 12

EDITORIAL The Welfare Of POlice

families The revelation last week by Mr Ibrahim Idris, that relatives of police officers who died and those who sustained injuries since 2016 have not been paid any form of insurance compensation… Page 15

POLITICS A Failed Criminal Justice

System Despite the reforms, the nation’s criminal justice system remains comatose, writes Davidson Iriekpen Page 16

FEATURES Chaos at Lekki Toll Gate

Chiemelie Ezeobi writes that the recent increase in fares at the Lekki and Ikoyi toll gates has caused untold hardship for motorists resulting in loss of man hours Page 18

BUSINESS Exporters Want Modular

Refineries in Free Zones ANE has called for the establishment ent of modular refineries in the nation’s oil and gas free zones. Speaking during a courtesy call on the managing director of the Oil and Gas as Free Zones Authority (OGFZA), Mr.r. Umana Okon Umana, in Abuja Page 21

PROPERTY MBAN Prepared to Drive My

Own Home Scheme, Says Akinlusi e Prospects in the nation’s mortgage industry in the years ahead are huge, regardless of the trying times Nigerians contend with, sayss Adeniyi Akinlusi. Page 28

INTERNATIONAL Jacob Zuma: ANC Leaders Hold Emergency Meeting Jacob Zuma’s future as South Africa’s presi- dent is under threat as senior politicians hold an emergency meeting in Johannesburg, BBC reports. Page 32

SPORTS No Crisis in Nigerian Basketball, Dalung Tells FIBA In apparent solidarity with the June 13, 2017 election that ushered into office Ahmadu Musa Kida as president of NBBF, Solomon Dalung, told FIBA officials on a factfinding mission to Nigeria Page 38

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NEWS

Ă?ĂĄĂ? ĂŽĂ“ĂžĂ™Ăœ Davidson Iriekpen Ă—Ă‹Ă“Ă– davidson.iriekpen@thisdaylive.com, 08111813081

IG Deploys 15 Police Units, Special Forces to Benue 4,000 deployed for Buhari’s Nasarawa visit Benue government passes vote-of-no-confidence on Idris George Okoh Ă“Ă˜ Ă‹Ă•Ă&#x;ĂœĂŽĂ“ åÓÞÒ Ă‹Ă‘Ă?Ă˜Ă?ĂŁ ĂœĂ?ĂšĂ™ĂœĂž The Inspector-General of Police (IG), Ibrahim Idris, has deployed 15 additional police units, special forces, technical and intelligence teams to contain further attacks in Benue State. This came as the state gvernment yesterday said it was no longer confident in the ability of the police led by Idris to provide protection for the people of the state. The state Commissioner of Police, Mr. Fatai Owoseni, while addressing journalists yesterday in Makurdi, said: â€?The inspector-general is seriously committed to bringing to an end the killings in the state and the country. “It is that commitment that informed the reinforcement of our command continuously on daily basis to nip in the bud the act of criminality and killings in the state. “The IG has continued to support us. As of today 15 units squadrons from 15 states have been deployed to support the existing officers on ground. “We also received the deployment of Police Special Forces, Intelligence and Technical teams in the state,â€? Owoseni said. He said the command had rescued a Non- Commissioned Officer (NCO) who got missing during the February attack in Yogbo community in Guma Local Government Area in the battle between police and suspected herdsmen. He said  the rescued “officer was unhurt, his weapon was safe, he was in high spirit and

has rejoined his colleagues in the ongoing operations in Guma.� The commissioner said security operatives were able to flush out the mercenaries from the community and hoped to sustain the success recorded. He stressed that relative peace had been restored in Yogbo village, adding that the command had deployed forces in “Kwande, Agatu, Gboko, Makurdi, Buruku, Katsina-Ala, Gwer West and Vandeikya local government areas for proactive measures.� However, the state government has disclosed that it was longer confident in the ability of the IG to provide protection for the people of the state. The state Commissioner of Information and Orientation, Lawrence Onoja Jr, who made this known at a press briefing in Makurdi, particularly called on federal government to immediately relieve IG from his position, having failed woefully in his duties especially since the two weeks ultimatum given to him by the Nigeria Senate to apprehend the killer herdsmen had elapsed without any meaningful arrests of the culprits. Onoja stated that the IG has resorted to unprofessionally trading blame rather than confronting the problem without fear or favour. He maintained that it was very sad that the IG reportedly accused Governor Samuel Ortom of causing the lingering clashes between farmers and herdsmen in Benue and Nasarawa States when he spoke at a closed-door meeting with

IG Declares Afegbua, Babangida’s Spokesman Wanted The police high command officially confirmed yesterday night that it has declared wanted Kassim Afegbua, spokesman of the former military President, General Ibrahim Babangida (rtd). According to a statement by the Force Public Relations Officer, Jimoh Moshood, the IG has ordered the immediate arrest of Afegbua “for making false statements, injurious falsehood, defamation of character and for act capable of inciting public disturbance throughout the country.� The statement obtained by the News Agency of Nigeria (NAN), said: “He is therefore declared wanted by the Nigeria Police Force and should report at the nearest police station anywhere he is in the country,� said Moshood. The police confirmation came more than 24 hours after online reports had said the police were

looking for spokesman of the former head of state after he issued a widely circulated statement on the state of the nation, that he credited to Babangida. In the statement, Babangida purportedly criticised Buhari’s leadership and urged him to step aside for a new generation of leaders in 2019. Babangida disowned the statement and instead issued another one, signed by him, in which he canvassed for the realignment of political forces for the emergence of two strong parties in the country. Afegbua however insisted in a Channels TV interview that he had the full authorisation of General Babangida to issue the statement. Babangida also spoke to THISDAY confirming that his first statement issued by Afegbua stands.

members of the Joint Senate Committee on Police Affairs and National Security and Intelligence on the killings in Benue State and its environs. “The IG is said to have identified the implementation of the anti-open grazing law

and the arming of Tiv militia as causes of the crisis. He also went to say that the public display of corpses, coupled with unguarded and inciting speeches by the Benue State governor before and during the mass burial of 73 persons

were the reason why youths of Tiv ethnic group unleashed violent attacks on residents of Makurdi,� the reports stressed. “Idris said the allegation by Ortom that armed militia were being camped in Tunga, Awe Local Government Area

of Nasarawa State to unleash mayhem on Benue people was untrue and recommended that the governor should suspend the Anti-Open Grazing, and Establishment of Ranches Law

Cont’d on Pg 37

PRESIDENTIAL DESK

President Muhammadu Buhari signing the Instruments of Ratification of Bilateral Air Services Agreements between Nigeria and Algeria, Democratic Republic of Congo, China, Qatar and Singapore in Abuja. ...yesterday Ë›

Shell Ramps up Oil Production in Bonga Field after Shutdown Kechi, Sosoliso crash survivor on thank you visit to oil firm Ejiofor Alike åÓÞÒ Ă‹Ă‘Ă?Ă˜Ă?ĂŁ ĂœĂ?ĂšĂ™ĂœĂž Shell Nigeria Exploration and Production Company (SNEPCo) has stated that crude oil production in Bonga deepwater oilfield is “being ramped up graduallyâ€? after brief shutdown. This is coming as Miss Kechi Okwuchi, a survivor of the 2005 Sosoliso plane crash that claimed many lives visited Shell Petroleum Development Company of Nigeria Limited (SPDC) to express gratitude for the medical and financial assistance the company rendered to her after the tragic incident A spokesman of the company said the oil giant performed a “brief shutdownâ€? last month for repairs on a piping system. He added that “further checks and ancillary repairsâ€? mean that oil and gas production were gradually ramping up Reuters quoted oil traders as saying that the maintenance had impacted oil loadings. According to the traders, a list of vessel loadings showed the last cargo to load crude

oil from the Bonga field was the Suezmax Sea Garnet on January 17. Â The Narmada Spirit is expected to load early this week, according to loading plans seen by Reuters Bonga has a capacity to produce 225,000 barrels per day of oil and 150 million standard cubic feet of gas Shell had in March 2017 shut down the oilfield to carry out turnaround maintenance, and also execute statutory activities to ensure continuous optimum operations. The turnaround maintenance involved inspections, recertification, testing and repair of equipment as well as engineering upgrades with Nigerian companies and subsea professional playing key roles. A major focus of the maintenance was the Bonga Floating, Production, Storage and Offloading (FPSO) vessel, which is at the heart of Bonga operations. Bonga FPSO, which has a life-span of 20 years, was shut down for six weeks in February

2011 for maintenance. Located in Oil Prospecting Licence (OPL) 212, the 60-squarekilometre field is situated in water depths of over 1,000 metres. Bonga is Nigeria’s first deepwater development and is located 120 kilometres, offshore Nigeria. In a related development, there were emotional scenes recently as Miss Kechi Okwuchi, a survivor of the 2005 Sosoliso plane crash that claimed many lives visited SPDC to express gratitude for the medical and financial assistance the company rendered to her after the tragic incident. Kechi, her father’s friend, Mazi Victor Okoronkwo and her aunty, Mrs. Uloma Umeano were received by Managing Director, SPDC and Country Chair, Shell Companies in Nigeria, Mr. Osagie Okunbor. Kechi, who was returning from school in Abuja to Port Harcourt, survived the crash but suffered third-degree burns. When her plight came to the notice of SPDC, the company promptly stepped in and ensured that she was air-lifted to South

Africa for immediate medical attention and treatment. She later moved to the United States where she has undergone several surgeries with SPDC’s continued financial support. Kechi’s father, Okwuchi, in a letter read by Mazi Okoronkwo said “On December 10, 2005, Shell intervened, notwithstanding the medical uncertainty to save life regardless of cost; intervention propelled by a corporate policy that puts life above else. We thank and applaud you for it.â€?  Kechi said during her ‘thank you’ mission: “I am incredibly grateful and I walk through every day of my life knowing that I am here today because of the amount of effort SPDC put into making sure that I stayed alive‌ you came when all looked dark and you shone a light of hope into my life.â€? Kechi also presented a certificate of recognition from the Shriners Hospitals for Children (Galveston, Texas) to SPDC for its thoughtful and generous contribution to the hospital.

T H I S D AY ˾ TUESDAY FEBRUARY 6, 2018

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T H I S D AY ˾ ˜ ʹ˜ 2018

COMMENT

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

BETWEEN POLITICS AND‘BLOODITICS’ Israel A. Ebije argues that it is time to tame the herders-farmers violence

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he recent barbaric killing of seven Fulani men in Gboko local government area of Benue State stands condemned. Hoodlums involved in the attack operating under any guise have committed a felony and must be handed the punishment according to the full measure of the law. The mindless execution of the victims is the degeneration of law and order I have always prayed Nigeria will not descend into. We have played so much politics of silence or worthless comments since killings by herders got to an alarming proportion in parts of the country with intense occurrence in some north-central states. Too much politics is breeding “blooditics” from both sides of the divide. Looking for who to blame for what happened in Benue is unfortunate and sadly characteristic of how we find ourselves where we are today. The blame antics has trickled down from government to ordinary Nigerians who take pleasure in shifting responsibilities over stance they refused to undertake. Some people blame the mass media of information and communication for alleged skewed reports on the attacks by herders in communities across the country. Some blame the Christian Association of Nigeria (CAN) for over blowing the herders, farmers clash. Few hours after the Gboko seven were burnt, some people took to social media platforms calling out CAN, insisting they instigated the execution. Same people trying to fan the flame into a religious crisis forgot how vehement they were in support of the mindless killings by herders either by maintaining silence or engaging in puerile arguments tacitly endorsing the barbaric onslaught of innocent Nigerians. The growing tension will definitely do no one any good and that is what the Gboko incident has made some who were clapping for the killers just realised. We must act fast towards bringing lasting solution to this horrible monster fast growing bigger than its cage. With the recent declaration by the president of Miyetti Allah Kautal Hore Sociocultural Association, Bello Abdullahi Bodejo declaring trouble if President Muhammadu Buhari is not re-elected in 2019, it is indeed a big deal that the country is in an ugly situation. The position of Bodejo further confirms the fear of some Nigerians who think the Fulanis herders are uncontrollable on account of their ex-grand patron as president. The more many want to convince themselves the happenings across the country are isolated, the position of the association and some of their supporters suggest otherwise. Sadly, only a few are evil-minded among the lot. With a heavy stereotype hanging on their persons, who can decipher as Fulanis are fast becoming people associated with terror? For those heaping the blame of the escalating situation between herders and host communities on the media, social platforms like Facebook, Twitter, Instagram, etc., it must be stated that the platforms do not operate on their own except handlers feed it with content they want people to know about. Mainstream media organisations have been able to enrich their stories by extracting comments from social platforms. A good example is the Malam Nasir el- Rufai position on the Fulani- farmers’ fiasco where he stated that if you kill a Fulani, you owe a debt

WE MUST ACT FAST TOWARDS BRINGING LASTING SOLUTION TO THIS HORRIBLE MONSTER FAST GROWING BIGGER THAN ITS CAGE

repayable. Nigerians should blame themselves for the monster they refused to kill. A gorgon they allowed to grow on account of ethno-religious interests. A monster they fed with meals of encouragement either by saying nothing or singing praises. A monster they pampered with money despite the hideous crimes committed. A monster they have made so invisible and untouchable. The Minister of Defence Mansur Dan-Ali and the Inspector General of Police in their separate submissions said the decision of some states to enact laws banning open grazing triggered the violence. The Chairman, Miyetti Allah Cattle Breeders Association, Plateau State, Mr. Nuru Abdullahi, said nobody could deprive Fulani herdsmen of their constitutional right of free movement. We may recall that President Buhari once begged host communities to live in harmony with herders, blaming the frequent clashes on “population” growth. From the descending narratives, there is no definite warning against using violence to secure “lost” cattle routes. It has been a medley of sweet showers of excuses for a violent trend capable of tearing the country asunder, as frustrated Nigerians are beginning to arm themselves to respond to each attack. Apparently desperate and frustrated, the National Council of Tiv Youths (NCTY) and the Middle Belt Youths Council (MBYC) have taken a position to defend their region against herders. The President of the National Council of Tiv Youths, Dr. John Akperashi, said his members are resolved to die while making sure further attacks by the dreaded herdsmen do not happen. Asake, the General Secretary of the Christian Association of Nigeria (CAN) expressed concern over the rate of killings by herders. The association blamed the killings on alleged “government protection from counterattack, arrest or prosecution.” Whatever Asake statement suggests the Christian-based association is thinking the herders have gone beyond the tussle for routes to a religious warfare. That’s where the situation gets uglier, from the religious coloration between the alleged conquerors and vanquished. This leaves people in vulnerable areas with no alternative than to defend themselves. Almost all the proposed solutions to the frequent killing spree are politically based. Sadly, all the sabre rattling over cows, Nigeria is not on the top 20 cow producing countries in the world. With the United States of America leading in beef production, ranching has been their strategy and no violence has been recorded between farmers and cattle owners. The seriousness of our foolishness as a nation is reflected each time we seek subterfuge for criminals all because we seek to protect ethnic, religious or corporate interests instead of strengthening our corporate integrity. Even the criminals have realised our mediocre stance and they are basking in it as innocent Nigerians are slain on daily bases. The law of the jungle is setting in, as constitutional authorities begin to take the back seat. ebijeo5@gmail.com

NEITHER COALITION NOR A THIRD FORCE

Olusegun Obasanjo’s letter is timely, but he should not be part of any coalition, argues Jerome-Mario Utomi

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ruth, in the words of Thomas Aquinas, is the agreement of what is in the mind with what is on the lips. Considering this remark in relation to the truth as told by the former President, Chief Olusegun Obasanjo in his memo to President Muhammadu Buhari, and the ripple reactions that followed, one may be tempted to view the letter as more of a connotation. Though, an interesting argument, but again, may not be true as the former president is well known as an open, straight talker, who cares less about strategy or diplomacy. To Obasanjo, the letter was not aimed at impressing anyone, but it did impress. It was not targeted at winning a cheap political point, instead, focused on restoring hope to the masses while providing political access to direction. Interestingly, the memo has attracted similar ones with the latest coming from another former military president, General Ibrahim Babangida. Conversely, the well-chiseled letter excelled in the issues raised but, suffered structural deformity in strategy/action plan proffered. The call for, and decision to lead a coalition to save Nigeria by the author in my view is not well thought out as it points to another round of ‘political crop rotation.’ The calibre of dignitaries that graced the inaugural ceremony of the coalition and Obasanjo’s statement that the coalition will work with some relevant political parties underscores this assertion. Again, the composition of the group so far, and the support structure further points to the age-long ‘Problem Has Changed

Name’ (PHCN). No doubt, OBJ as an elder statesman, propelled by “holy anger” needed to effect a positive change coupled with the burning love for his country, has done the needful by igniting the needed consciousness but forming or leading a coalition may be an off-side role. The world has witnessed great leaders such as Lyndon Johnson, a onetime President of the United States of America stopped from seeking a second term in the office by virtue of such letters. Notably, it was after such a letter condemning his poor handling of the war against the Vietnamese that he (Lyndon) issued a statement which read in parts “I shall not seek and, I will not accept the nomination of my party as president’’. The rest is now history. The memo and not the coalition remains the most dynamic and cohesive action expected of a past leader like OBJ to earn a higher respect. Therefore, the knowledge gained, and awareness created via the letter will assist Nigerians in the pursuit of their political destiny without the orchestrated coalition. To further support this, ‘a tree generally bears no colourful flowers, but if decked with false blossoms, it can look like something it is not’. Similarly, the call for the coalition, from observations so far, is nothing but an assemblage of outsmarted old horse riders in a rebranded package. Specifically more interesting is his remark on the “lice of poor performance in governmentpoverty, insecurity, poor economic management, nepotism, gross dereliction of duty, condonation

of misdeed-if not outright encouragement of it, lack of progress and hope for the future, lack of national cohesion and poor management of internal political dynamics and widening inequality’’. Going by reports, the memo has started bearing fruits with President Buhari’s recent comment that he will no longer accept mindless killings while celebrated corruption cases now receives attention. However, Nigerians are yet to spot the difference in their socio-economic wellbeing as a nation between 1999 when OBJ was in power and now. This fact alone is enough moral burden that discredit the former president’s proposed decision to lead a coalition against a situation he partially created. Viewed differently, his interventionist role is acceptable; nevertheless, it will be more rewarding if the former president concentrates on preaching honesty in government and need for a multicultural society of equal citizens, where opportunities are equal and person’s contribution is recognised and rewarded on merit regardless of tribe, language, religion or culture. That, in my view is expected of the former president and not forming or leading a coalition. The call for a coalition or third force is a sign that as human beings, we think of ourselves “as more generous, selfless, honest, kindly, intelligent or good looking than in fact we are”. Such disposition, in all fairness, makes it extremely difficult for us to be honest with ourselves about our own limitations. This development becomes more worrisome when we remember that some of these calls are superficial without genuine

repentance from the proponents. Objectively, one thing we must not fail to remember is that our political challenges were created by our leaders, accelerated by the masses, and can only be reduced by all of us. Hence, we do not need a movement, a coalition or third force, but a personal political reorientation via mind restructuring that will bring a national political rebirth. Learning from the silent points raised by former President Obasanjo is important. But developing the will to hold our leaders accountable and using the knowledge gained to re-shape our support structure come 2019 general election should remain fundamental to all as a nation. Getting the above process catalysed will require an urgent reworking of our faulty political mentality vis-a-vis party preference against credible candidates, instant gratification mentality which is fast becoming a native and developing the needed political consciousness built on value. To conclude, for us as a people that are interested in turning our nation to a space for peace, freedom and prosperity, for us to ‘create leaders with virtues that we can respect and moral principles we can applaud’, for us to make real progress and build the Nigerian of our dream come 2019 , what we urgently need is personal political mind restructuring to vote the right people irrespective of their age, tribe, party or financial muscles as achieving such will definitely open the floodgate of development and prosperity. jeromeutomi@yahoo.com

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T H I S D AY ˞ ˜ ʹ˜ 2018

EDITORIAL THE WELFARE OF POLICE FAMILIES The police should be well-provided for

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he revelation last week by the Inspector General of Police, Mr Ibrahim Idris, that relatives of police ofďŹ cers who died and those who sustained injuries since 2016 have not been paid any form of insurance compensation, goes to the root of the security challenge in the country. “Insurance payment has been stopped to the police since 2016; since we keyed into the accident insurance cover, no kobo has been paid to any policeman,â€? said Idris, raising questions as to how Nigerians expect people treated in such a shabby manner can give their best to the nation. The reason given for the lack of insurance cover is the refusal or inability by the federal government to pay the insurance companies the requisite premiums on the policies. Yet, given the risks associated with police work, insurance policies are important component of their welfare package. These beneďŹ ts are designed to protect their families in the event of any unfortunate incident while in the line of duty. To the extent that these THERE IS A STRATEGIC police ofďŹ cers have RELATIONSHIP BETWEEN spouses, children and THE WELL-BEING OF other dependents THE RANK AND FILE IN who rely on them THE POLICE AND THE and their income, life SECURITY AND SAFETY insurance is expected OF THE NATION AND THE to create some piece CITIZENS of mind, knowing that their families are well-protected should anything happen to them. As we have admonished several times on this page, we must recognise that there is a strategic relationship between the well-being of the rank and ďŹ le in the police and the security and safety of the nation and the citizens. The two cannot be separated. It is only when we take due care of these men and women that we can legitimately demand that

Letters to the Editor

they perform their duties with optimum zeal. And to the extent that a demoralised police force cannot fulďŹ l that duty, we hope the authorities will not only sort out whatever may be the problem with their insurance coverage but also use the current situation to look into the issue of police welfare.

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TO OUR READERS Letters in response to speciďŹ c publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

DO NOT STIFLE FREE PRESS

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he cornerstone, indeed the beautiful bride, of a civilised democracy is a free and uninhibited free speech. Thus, it becomes troubling if the one who should be a protagonist of this free press issues a strong rebuke to the “Fourth Estate� to desist from objective commentaries on the Benue killings. Mallam Garba Shehu, a spokesperson for President Muhammadu Buhari, even warned “article writers� and “columnists� off. This is so sad. Why would not this Buhari government be tolerant of objective criticisms and opinions and take everything with great equanimity the way former President Goodluck Jonathan remained rock-solid and resolute in the face of untethered bashings? Mallam Shehu singled out The Sun Newspaper for his veiled threat and this is bad because everyone is worried about the North-South policy-divide cleavage or chasm that President Buhari has been accused of instituting. Moreover, Benue State folks like Professor Jerry Agada, Sunday Adole Jonah, Simon Abah, Terwase Awunah, Nats Agbo Onoja and others have it on their consciences as their civic responsibilities to speak out against the obvious genocidal trends in Benue State. My hometown district of Ugboju is generally in the neighbourhood of 50 to 60 or so kilometres as the crow flies from Agatu District

ince at the epicentre of the criminal justice system is the police, it is a shame that policemen are treated almost with contempt. Four years ago, a police ofďŹ cer’s wife at the Obalende barracks in Lagos made a public statement which revealed the indignities to which their families had been exposed: “We have been suffering in silence. These barracks are like a refugee camp. We have no toilet facilities, no pipe-borne water and no electricity, and we are now being threatened by ood and reptiles. We live a little above animals. This is a place of death‌.â€? While the misconduct of a few bad eggs has turned some Nigerians against the police, majority of our people still appreciate that what they do is a dangerous job as they confront the brutalities that the rest of society only imagine or watch on television within the comfort of our homes. That much was demonstrated with the GoFundMe for the distraught widow of a police sergeant who was killed by armed robbers last year. Beyond the ďŹ nancial support given the family of the deceased, the idea was to assuage the neglect and dejection which many of them feel as well as their low self-esteem and their suspicion that their worth and work are not appreciated. We understand that there are many allegations that can be leveled at the police -from indiscipline to criminality. But, as we have also stated, that is just one side of a coin. For we also have to ponder whether we are facing the consequences of our own neglect of this vital organisation. We hope the authorities will treat the issue of insurance cover for the police as an urgent matter.

and if I do not speak out against atrocities perpetuated by Fulanis at Agatu and elsewhere then Ugboju would be in for a terrible bashing sooner or later and what becomes of my family? Mallam Shehu must also be reminded that some media houses up North enjoy unbridled free speech and hate speech experimentation. Nigeria has had its very bitter experience with attempt to stifle the free press and indeed THISDAY Newspaper was bombed by a suicide terrorist at Abuja in 2012. That newspaper is the most popular and obviously the most sought-after at the Federal Capital Territory. Since human nature hungers and hankers for the truth and balanced opinions, folks soon began looking out for THISDAY. Now, the Presidency wants to stifle free press by way of the “advisory� given by Garba Shehu and have Nigerians believe that all is well in Benue, Taraba, Adamawa, Kaduna, and other states where armed, foreign Fulani tribesmen have invaded our sovereign nation and declared a jihad on the settled agrarian Christian communities. Truth should be pursued and must be told in its bareness all the time. Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna, Niger State

OF BBNAIJA3 AND MORALITY

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hen Mahatma Gandhi remarked, “In matters of conscience, the law of the majority has no place,� he must have had me on his mind. I do not aimlessly follow the crowd, rather, I weigh my options before making a decision. Why? If you do not know where you are going, you’ll follow them to where they are going. By implications, you’ll get lost. The BBNAIJA of a thing, to me, is pathetically worrisome. In this age where decadence remains the order of the day, it is dispiriting that such a vile programme is being sponsored when the startling funds used in its production and organisation could be diverted into numerous enviable and laudable activities that’ll spike the standard of living of a number of destitute. Morality which has always been one of the pointers of our culture is on the decline today. Perhaps, as affirmed by divergent commentaries about this reality show characterised by alcoholism, nudity, sex, fun, entertainment and vulgarism is a testament to its contribution to moral decadence. Such shows should have been tailored towards adult viewers only. Though, I don’t like the programme because of its seeming reinforcement of the ubiquitous, asphyxiating bubblegum fashion, I still respect the franchise of its galactic audience nationwide. I mean their choice of what to view. Philosophers say that social reality is not there to be discovered, everyone creates his own social reality. Sufficient to draw from a popular saying that, ‘in every nonsense, there’s always an iota of sense to pick from it. Afterwards, one may now discard the useless part of it.’ As for some of us (given the guidance, education and exposure we have accumulated), we can cherry -pick from the sandy collection of TV offerings, especially the reality creations of predatory capitalists. The problem is that not everyone is media literate to sieve the chaff from the wheat! Folorunso Fatai, English Department, University of Ilorin

T H I S D AY ˾ TUESDAY, FEBRUARY 6, 2018

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POLITICS

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

EXECUTIVE BRIEFING

A Failed Criminal Justice System Despite the reforms, the nation’s criminal justice system remains comatose, writes Davidson Iriekpen

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he recent revelation by the Nigerian Prison Service (NPS) that about 70 per cent of inmates in the prisons are awaiting trial has again confirmed that Nigeria is a country where people hardly go to jail for their crimes. Speaking at the quarterly meeting of the Penal Reform Media Network (PERMNET) in Lagos, the Controller General of the NPS, Jaafaru Ahmed, put the total number of inmates in prisons in the country at 72,384 with 48,527 of these awaiting trial inmates. Jaafaru, who was represented by the spokesperson of NPS, Francis Enobore, called for synergy among the three arms of the criminal justice system so that the case of anyone brought to prison as awaiting trial inmate would be determined as quickly as possible. While breaking down the prison population in states across the country, the National Bureau of Statistics (NBS) reported that Lagos State had the highest with 6,522 inmates, while Kano and Rivers recorded 4,082 and 4,054 respectively. In addition, it said Lagos also recorded the highest number of awaiting trial inmates at 5,603 out of a prison population of 6,522. This was followed by Rivers and Edo with 3,625 and 2,434 awaiting trial inmates respectively. Yobe and Borno states have the least numbers of awaiting trial detainees of 163 and 216 out of a prison population of 562 and 603 respectively. The total number of awaiting trial inmates in the six geo-political zones stood at 45,158. The South-south region accounted for the highest un-sentenced prisoners at 11, 073 inmates followed by the South-west which recorded 10, 687 and South-east at 7,946 inmates. Others are North-west which accounted for 7,050 un-sentenced detainees; North-central, 4,798 and North-east, 3,604 inmates. The figures released by the NPS, have become the subject of observation by analysts who could not understand why there are few prisoners in the face of many crimes. The common conclusion is that Nigeria’s prison population is largely disproportionate to its about 180 million population. Their submission is that if the country has a total of 72,384 inmates in prisons and 48,527 are awaiting trial, it means that only about 20,857 have actually been convicted by the courts as those awaiting trial cannot be considered convicted and could indeed be set free by the courts. NPS’ figures were corroborated by the Centre for Crisis Communication (CCC) which in a report recently, disclosed that over 70 per cent of Nigerians in prison custody were awaiting trial, while inmates whose cases had been concluded and convicted for various offence comprised a mere 20 per cent. With a total of 240 holding facilities comprising maximum, medium security prisons, satellite prisons, borstal institutions for juveniles, farm centres, open prison camps and female prison being operated by the NPS, the country’s huge population figure coupled with the rather high incidence of crimes make the figure a definitely confounding one for many analysts who see Nigeria as a country where people do not go to jail. For instance, South Africa with a population of 56 million, has a prison population of 162,000, the United States with a population of 323 million has a prison population of 2,194,000. While Brazil has a population of about 211 million people and 372,000 prison inmates, the United Kingdom has a population of 66 million and prison inmates figure of about 89,000. From these figures, analysts believe that Nigeria with much higher crimes is grossly under-prison populated. To them, even a 500,000 prison population is insufficient given the high

Attorney General of the Federation, Abubakar Malami, SAN

rate of crimes in the country. Another damning finding, according to observers, is the category of people in detention. While in most of the countries mentioned above, both the mighty and lowly are serving prison terms, only the poor are in Nigerian prisons. In Nigeria, the rich have devised means to avoid prosecution for crimes they committee. For instance, from 2007 to date, anti-graft agencies in the country have arraigned no less than 60 high-profile public officers but are yet to get any of them convicted. Since the figures of the current prison population were released by both the NPS and the NBS, many analysts find it curious how a country with so much impunity, murder and other forms of criminality, would have just 17,000 people in prison when other countries with lower crime rates have thousands of people in prison. The reason may not be hard to figure out. Though there is no dearth of laws in the

Since the inception of the current administration, over 10,000 people have been killed by Fulani herdsmen, cultists, kidnappers and triggerhappy law enforcers, and others, yet there is no political will to arrest and prosecute them

country, the rich often used their means to frustrate their trial. Analysts wonder why people who commit murder, manslaughter, kidnapping, robbery, steal public funds, and those who commit financial fraud are allowed to freely walk the streets when they are supposed to be behind bars. It was against this background that many Nigerians were jolted recently when an Osun State High Court in Osogbo sentenced a 31-year-old man, Kelvin Igha Igbodalo, to 45 years imprisonment for stealing a Sony Ericson mobile phone. Igbodalo, who was arraigned on a six-count charge of conspiracy, obtaining by false pretence, stealing, impersonation and advance free fraud, pleaded guilty. Justice Jide Falola sentenced him to 10 years in prison for each of the first three charges and five years each for the last three counts. But a former Assistant Director in the federal civil service, Mr. John Yakubu Yusufu who admitted to being part of those who stole N32 billion was practically allowed to go free. The sentencing of Yusufu which was the first conviction in an elaborate scam that came to light in 2012, involved several top officials, offices and banks. The convict was tried on a 20-count charge alongside Atiku Abubakar Kigo (Permanent Secretary), Ahmed Inuwa Wada (Director), Veronica Onyegbula (Cashier) and Sani Habila Zira (ICT Officer). His sentencing came after he pleaded guilty to betraying trust and fraudulently converting N2 billion of police pension funds to private use. He admitted to the 19th and 20th offences relating specifically to him, each involving betrayal of trust and the conversion of N1 billion apiece. But to the consternation of Nigerians, the trial judge, Justice Abubakar Talba, handed the convict a mere sentence of six years in jail and an option of N750,000 which he promptly paid to avoid going to jail. It was in order to enhance justice sector delivery system that informed the passage of the Administration of Criminal Justice Act in 2015. Three years after, there hasn’t been any

improvement in the country’s justice sector. Since the inception of the current administration, over 10,000 people have been killed by Fulani herdsmen, cultists, kidnappers and triggerhappy law enforcers, and others, yet there is no political will to arrest and prosecute them. To further buttress how hard it is to go to jail in the country, while Nigerians waited for justice to be served five years after Cynthia Osokogu was raped and killed by Facebook friends, the British criminal justice system recently put Nigeria to shame. In just six weeks, six men who committed a similar offence in England were tried and jailed. The gang that groomed teenage girls on Facebook before raping them iin Coventry were jailed for a total of 44-and-a-half years. The five men, who are all from the city, plied their victims with alcohol and drugs before the attacks in 2015 and 2016. Waqaar Khan, Marcus Woolcock, Kadeem Bourne, Keenan Kelly and Zahid Chaudhary were found guilty of a total of 18 offences just before last Christmas. However, in Nigeria, 24-year-old Cynthia, the only daughter of General Frank Osokogu (rtd), was murdered on July 22, 2012, at Cosmilla Hotel, Lakeview Estate, Festac Town, in Lagos by her Facebook lover and friends. Her body was found in a Lagos morgue a month after she was declared missing by her family. She was a post-graduate student who had a boutique in Nasarawa State until her death. Police detectives led by the then Area Commander of Festac, Mr. Dan Okoro, were celebrated nationally and internationally when they cracked the case quickly with the aid of technology and arrested four suspects – Okwumo Nwabufo, 33; Olisaeloka Ezike, 23; Orji Osita, 33; and Ezike Nonso, 25. The suspects were charged to court on a six-count charge of conspiracy, murder, stealing, recklessness, negligence and possession of stolen goods. The murder trial began on February 8, 2013, with the state calling the hotel’s receptionist as the first witness. It was not until March 2017, four years after, that the suspects were convicted. While kudos was given to the judge for eventually convicting the suspects, thousands of other killers are daily walking the streets free. In 2009, many banks’ managing directors and directors were arrested and charged for financial crimes and other related offences that could have sent them to prison if convicted. About nine years after, the cases are still in courts. The only person who was convicted through a plea bargain, was Cecilia Ibru. She spent her six-month jail term in the hospital instead of prison. Reacting to NPS’ report, a public affairs analyst, Peter Ahonsi, said he did not find the figure surprising. “I was not surprised with the figures released by the NPS. Why do you think this country is not making progress? The simple reason is that those who are supposed to be in prison are the ones either calling the shots or making decisions on our behalf. It is unfortunate. For as long as this continues, development will continue to elude us.” While corroborating Ahonsi’s views, a Lagosbased lawyer, Ademola Kolawole, described Nigeria as a country of jokers. He said until influential persons such as ex-governors, ministers, managing directors of banks are put in prison for various offences, the country will never develop. “The figure by the NBS did not surprise me. It is what I have always known. Nigeria is a country of jokers. People who should have been locked away are the ones ruling us. Have you ever seen any governor, minister, bank managing director in jail in this country? Until this happens, nobody will sit up.”

T H I S D AY ˾ TUESDAY FEBRUARY 6, 2018

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TUESDAY, FEBRUARY 6, 2018 ˾ T H I S D AY

FEATURES

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

Chaos at Lekki Toll Gate Chiemelie Ezeobi writes that the recent increase in fares at the Lekki and Ikoyi toll gates has caused untold hardship for motorists resulting in loss of man hours

Traffic snarl along Admiralty Way in Lagos, caused by increase in Lekki toll gate fares

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t the Lekki toll gate along Admiralty Way in Lagos, chaos reigns supreme. Lines of cars stretching from hundred miles and even more. It was not always like that. Although there might be bits and pieces of traffic snarls on that axis at rush hours, it was always a moving traffic. All that changed about five days ago and the reason is not far-fetched. The Lekki Concession Company (LCC), the managers of the toll gate had increased the toll fare at the end of January. The increment came a month after an earlier bid to increase the fares failed. As it is, residents and motorists have continued to complain about the traffic congestion the toll fee collection is causing and the lack of adequate alternative routes and the resultant effect is that the LekkiVictoria Island Road has continually been on lock down due to the excessive traffic gridlock caused by the new Lekki-Ikoyi toll gate fare that started February 1. As monitored by THISDAY, the traffic often stretches from the toll collection barricades all the way back to the Mobil headquarters building and even past it, compounding the already terrible traffic situation in the Lagos metropolis. However, officials of the Lagos State Traffic Management Authority (LASTMA), deployed to the area are having a tough time controlling vehicles as a result of standstill traffic at the toll gate. Even additional help from the police hasn't done much good either. It would be recalled that the concessionaire LCC commenced toll fees collection on the Lekki Admiralty Plaza on December 19, 2011 after a protracted battle with residents of Etiosa LGA.

The reviewed rates LCC had revealed their plan to increase the toll gate fare on Admiralty toll gate and Lekki-Ikoyi Link Bridge toll gate effective from November 8, 2017. With these new prices, Saloon car owners who usually pay N120 at the Admiralty toll gate will now pay N200. At the Ikoyi Link Bridge toll gate, they will pay N300

As it is, residents and motorists have continued to complain about the traffic congestion the toll fee collection is causing and the lack of adequate alternative routes. The resultant effect is that the Lekki-Victoria Island Road has continually been on lock down due to the excessive traffic gridlock caused by the new LekkiIkoyi toll gate fare that started February 1

instead of N250. Also, buses from N80 to N100 and SUVs will now pay N250 against the previous N150 at Admiralty toll gate and N400 at the Link Bridge, which used to be N300. At the Lekki-Ikoyi Link Bridge, saloon cars now pay N300 from N250; sports utility vehicles (SUVs), mini vans, and light trucks now pay N400 from N300. Motorcycles will now pay N200. LASG temporary mediation Following the furor the announcement caused, the Lagos State Government was forced to mediate and they halted the implementation of the Lekki toll gate fee. LCC was asked to stop the implementation to allow for more consultation of all stakeholders LCC braves the odds However, on January 27, 2018, the Lekki Concession Company Limited braved the odds and again announced that it will increase the toll tariffs being charged at the Admiralty Circle Toll Plaza on Lekki-Epe Expressway and the Lekki-Ikoyi Link Bridge Toll Plaza with effect from Thursday, February 1, 2018. The LCC said in a statement that the upward review followed extensive consultations held with stakeholders in the Eti-Osa/Lekki-Epe Expressway of Lagos State. Although details of the new rate were not disclosed in the statement, the firm said N100 would be paid by any driver of a mini commuter bus using the Lekki-Epe toll plaza, which is an increase of N20 over the N80 currently being charged. The Managing Director, LCC, Mr. Mohammed Hassan, said the feedback and recommendations received during the series of consultations held in December 2017 with stakeholders in Eti-Osa Local Government Area and its environs considerably influenced

the new toll fares to be paid by motorists plying the expressway and the Ikoyi Link Bridge. The LCC’s earlier attempt to raise the fares on November 8 last year had received public outcry, which made the state government to prevail on the firm to suspend the action. NURTW's promise Given that the increase also affected commercial buses, there was an initial fear that it will affect the cost of transportation. Allaying such fears, the National Union of Road Transport Workers (NURTW) assured commuters that there will be no increase in transport fares, despite the toll review by LCC. NURTW chairman in Jakande, Alhaji Taofeek Oluwa said: “Following the announcement of the toll review at the Admiralty Circle Plaza and the Lekki-Ikoyi Link Bridge Plaza by the Lekki Concession Company, LCC, there will be no fare increase. “It is encouraging that LCC carried the union along as one of the critical stakeholders consulted during the engagement process for the toll review which resulted in the minimal increase in toll charged the branded commercial buses. “From February 1, branded commercial buses popularly called ‘Danfo’ which previously paid N80.00 would be paying N90 for e-Tag payments and N100 for cash payments. As long as LCC honours its agreement of our mutual understanding at the stakeholders’ meeting, we can confidently support LCC. “We assure commuters that they will not suffer any increase in the fares paid to board the branded commercial buses coming into or going out of Eti-Osa/Lekki-Epe Expressway. The NURTW is happy to endorse the toll fare review."

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FEATURES

Traffic congestion at the Lekki toll gate

Lagosians react As expected, the increment and the resultant effect did not go down well with motorists who ply that route. Oge Chukwu, a medical doctor who lives on the mainland but works on the Island said, "This is not even funny. I just saw the banner this morning. The annoying part is that our income has not increased, but they want us to pay more to cross the toll plaza. "Why will the Lagos State Government make live unbearable for people. Although I have my own car but I heard transporters have vowed to increase fares too. All these things have multiplier effects." Princess Akan said, "It's too early in the year for this. On my way back from work on Friday, there was mad traffic. My home to office that should not take me more than 30/40mins without traffic took almost two hours. "I don't normally even pass the toll. I pass the alternative route but the alternative route was also at a standstill so I decided to take the toll gate. "It was the worst mistake of my life. Initially I thought the increase shouldn't be more than N30 but it was N200 and this didn't still mean that side was free. "Calculating it, N400 to come and go is ridiculous. Governor Ambode should do something as it is causing a real traffic gridlock. "What way Lagos state? What way Nigeria? Things are already difficult for people. Government is supposed to make things easier for their citizens. Instead ours is to keep making things impossible. With time even the cost of transport will increase." Ugegbe Chike said, "People who don't want to pay toll use the alternative route.

To use the alternative, you either turn at second roundabout or first roundabout and access through either Pinnacle Oil or Oniru Market. "Now, the problem is that the traffic in these two places blocked motorists who are just going straightway. It was chaos yesterday. I spent two hours in that mess. "My dad said he spent five hours because he was going to the mainland. Don't forget that there is another toll down Admiralty (Ikoyi Bridge) they all joined forces to attack anyone trying to access the alternative route. And alternative was busier than usual as a result of this avoidance."

Why will the Lagos State Government make live unbearable for people? Although I have my own car but I heard transporters have vowed to increase fares too. All these things have multiplier effects

Ikoyi Suspension Bridge In all these, the Lekki-Ikoyi Suspension Bridge was not left out as the traffic snarl that holds motorists hostage for hours, has defeated the aim of the hitherto laudable project. At the Lekki-Ikoyi Link Bridge, saloon cars now pay N300 from N250; sports utility vehicles (SUV), mini vans, and light trucks now pay N400 from N300. Motorcycles will now pay N200. The idea ab initio was to ameliorate the terrible traffic snarl that often characterise the Lekki, Victoria Island and Ikoyi axis on Lagos Island, as well as connect these areas together. Thus, the suspension bridge, the first of its kind in Africa, was borne, conceived and executed to a finish. The bridge which was designed to serve as a by-pass to reduce the length of time criss-crossing Lekki to Ikoyi or vice versa through Falomo Bridge, Alfred Rewane Road, Independence Bridge and Ahmadu Bello Way. Before its inauguration, the then state Commissioner for Works and Infrastructure, Dr. Kadri Hamzat, at an interactive session with newsmen had said bridge was expected to decongest traffic in Lekki area. He said: “The bridge is designed to serve as a strategic by-pass and to reduce the travel time along Falomo Bridge, Alfred Rewane Road, Independence Bridge and Ahmadu Bello Way. The project will raise the property value along the corridor." However, two years and more into the inauguration of the road and the commencement of toll collection, the aim has so far been defeated by some challenges, which still exist with no sign of change in the nearest future. THISDAY checks revealed that asides the

exorbitant fee paid as toll fare, motorists and residents alike groan under the traffic congestion, thus defeating the initial aim of decongesting traffic on the island. Commuters and road users who spoke to THISDAY lamented that the road has created more hardship rather than ameliorate their pains. Mr. Wale Akingbode, a motorist who commutes from Lekki to the mainland through the suspension bridge, said the traffic snarl itself was draining. He said, "One would have thought that with the exorbitant amount we shell out on a daily basis, we would have ease of driving. The reverse is the case especially for those of us that work in the morning and come back in the evening during the crazy rush hours. Just on Thursday, I spent precious time in the traffic when I should have been at work. "I think the problem is the fact that the bridge is not wide enough to take about four or three cars at the same time, coupled with the impatience of the drivers. All these contribute in prolonging a few minutes trip into a journey." Comparing the toll gate leading to Ajah with that of Ikoyi in terms of the price. He said part of their angst was the fact that the toll at the Lekki-Ajah axis was just N120 before and N200 per passage now, and so they do not understand why the one in Ikoyi should be double the price. However, another motorist who declined to disclose his identity said the traffic snarl was not always bad, adding that it was only during rush hours that the traffic stretches to the Bourdillon axis. He said: "Look at today for instance, there are few cars on the bridge but there are days you will get there and you'll think there is a car sales going on. That is Lagos traffic for you; so unpredictable."

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Quick Takes Sahara Group Upgrades School in Ghana Sahara Group has refurbished Metal Works Technical workshop for students and teaching staff at the Manhean Senior High Technical School in Tema, Ghana. The renovation of the workshop included the construction of a shed to accommodate the formerly cramped carpentry and welding students and the purchase of several machines and accessories to enhance their training. Country Manager, Sahara Group, Ghana, Tosin Etomi said: “Our objective was simple. We saw the need for technical education and training in order to produce graduates that can perform competently in their chosen vocations without a need for pre-employment training. We responded to that need. These bright boys and girls will ultimately form part of the talent pool that will drive ongoing transformation in Ghana towards ensuring sustained economic growth and development.� According to the Head Teacher of the 27 year-old institution, Mr. Emmanuel Kobina Beddu, “This intervention led by Sahara Group has exceeded our expectations. Not only do we have a bigger, better space for learning, we now have the equipment we need to teach our students and arm them with adequate technical and transferable skills. We cannot hide our excitement and satisfaction with what the Sahara Group has done for our school.�

CONNECTNIGERIA E-BUSINESS FAIR

L-R: CEO, Payporte, Mr. Eyo Bassey; Sales Manager, AirFrance-KLM Mrs. Akpan Ikoabasi; Managing Director, ConnectNigeria Mr. Emeka Okafor; Vice President, Business Development (West), Sigma Pensions, Mrs. Mabel George and Head, Retail Segment Banking, Union Bank Plc, Mr. Paul Aseme, during the ConnectNigeria e-business fair 2018 in Lagos ... recently

Exporters Want Modular Refineries in Free Zones The Association of Nigerian Exporters (ANE) has called for the establishment of modular refineries in the nation’s oil and gas free zones. Speaking during a courtesy call on the managing director of the Oil and Gas Free Zones Authority (OGFZA), Mr. Umana Okon Umana, in Abuja, the president of ANE, Chief Sunny Jackson Udoh explained that locating modular refineries in the oil and gas free zones would cut cost of such investments because of the regime of incentives that exempts free zone enterprises from import duties and other forms of taxation. Udoh advised the federal government to appoint OGFZA the “lead agency for the establishment of the modular

ENERGY refineries in the oil producing areas to replace the “illegal refineries,� further adding that they should be modelled on the US export-oriented refineries to produce special products such as aviation fuel and industrial raw materials. He said the advocated policy on modular refineries should go together with the establishment of oil and gas free zones in all oil producing states as a means of diversifying the economy. The exporters association also called on the federal government to allow OGFZA to benefit from the 7% import surcharge fund set aside for port-based agencies of government. Recalling that the Presidency in 2006 approved

the inclusion of OGFZA in the sharing of the import surcharge fund following the recommendation of the National Council on Commerce, the ANE president, Udoh, said the income would enable OGFZA to provide facilities in the free zones to enhance the ease of doing business. He commended the federal government on the policy that allows goods manufactured in the free zones to be exported into the Nigerian Customs Territory, irrespective of whether such goods are on the import prohibition list. The ANE president also commended the leadership of OGFZA on positive changes in the free zones such as review of excessive tariffs; licensing of a new oil and gas free zone

developer; the drive to facilitate the birth of new free zones to generate more jobs; and collaboration between OGFZA and the Nigerian Content Development and Monitoring Board to ensure higher level of value addition in free zone manufacturing processes. The association made a couple of other advocacies, including suggestions that the Federal Government should set up a “dedicated statutory fund� for OGFZA to finance infrastructure development in the free zones. They called for ANE-OGFZA collaboration in the promotion of investment roadshows, and expressed support for the Continued on page 22

Adeosun Wants Weak Finance Control Act Reviewed, Tasks Treasury Managers Ndubuisi Francis in Abuja The Finance Minister, Mrs. Kemi Adeosun, has called for a review of the Finance Control and Management Act of 1958, arguing that the law was outdated and weak in instituting greater accountability and transparency in the conduct of government financial businesses. She also challenged treasury managers to ensure transparency and accountability in the management and control of the country’s public finance. Her admonitions were

ECONOMY handed down at the second national treasury workshop held in Tinapa, Cross River State. The minister, who was represented by the Director of Special Projects in the Federal Ministry of Finance, Dr. Mohammed Dikwa, emphasised the need for a change in the mindset of treasury managers in order to reform the basic polity. The basic and fundamental approach to financial and economic reforms, she said,

was to reform the basic polity, adding that reforms must be impacting and sustainable and should fit into the cultural ethos of Nigeria, among others. “There is the need to evolve a culture which is value-based. It is expected that this workshop would draw from universal public values such as public trust, accountability, equity, transparency, ethical standard and selflessness,� she said. While calling for a review of the Finance Control and Management Act of 1958, she noted that the law was outdated

and weak in instituting greater accountability and transparency in the conduct of government financial businesses. The Finance Control and Management Act provides detailed guidelines on control and management of the public finance of the country. A statement issued by the minister’s spokesman, Mr. Oluyinka Akintunde added that she tasked the nation’s treasury managers to critically examine the Finance Control Continued on page 22

KADCCIMA to Hold Trade Fair The Kaduna Chamber of Commerce and Industry Mines and Agriculture (KADCCIMA) has announced plans to hold the 39th edition of the Kaduna International Trade Fair from Friday February 23r to Sunday March 4, 2018. This was disclosed in a media briefing in Lagos recently by the President of KADCCIMA, Mrs. Muheeba Dankaka, highlighting the flow of activities for the programme, she said the official opening ceremony would be held on Saturday 24th. “There is also a seminar which comes up on Monday February 26, at Conference Hall, Kaduna International Trade and Investment Centre. The theme of the fair: ‘Promoting Commerce, Industry and Agriculture for International Competitiveness�. Dankaka said. “Finals of the fifth quiz competition for senior secondary school students from the 19 northern states. This will take place on February 27 and on Wednesday 28, there will be a business roundtable with the theme ‘Promoting Made in Nigeria Products for International Competitiveness’. In the evening of March 3, “There will be a farewell dinner in honour of exhibitors of the 39th Kaduna International Trade Fair,� she added.

BP, TraďŹ gura Protest Colonial Rates Units of BP Plc and Trafigura AG at the weekend became the latest companies to file a complaint with a US regulator over shipping rates charged by Colonial Pipeline Co, which operates the biggest fuel pipeline system in the United States. The complaint follows an identical one from oil major Chevron Corp leading refiner Valero Energy Corp and Delta Air Lines Inc filed in November over the fees charged by Colonial to ship fuel, including gasoline, diesel and jet fuel. BP Products North America Inc, Trafigura Trading LLC and TCPU Inc urged FERC to set the matter for hearing and sought to consolidate their complaint with the November one. “Good cause exists to believe that Colonial’s existing rates... are unjust and unreasonable,â€? the companies said in a 917-page complaint filed with the U.S. Federal Energy Regulatory Commission (FERC). The complaints could lead to the first regulatory examination of Colonial Pipeline’s rates in nearly two decades. The pipeline hauls more than 3 million barrels of fuel from the refinery hub on the U.S. Gulf Coast to northeast distribution centers every day.

“At the time when we had less power in 2013 and 2014, the economy of this country was growing at seven per cent per annum� Minister of Power, Works and Housing, Mr. Babatunde Fashola

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BUSINESSWORLD EXPORTERS WANT MODULAR REFINERIES IN FREE ZONES

ongoing process to amend the OGFZA law. The managing director of OGFZA Umana, expressed appreciation to the ANE for “the patriotic support of the programmes and policies of the Federal Government with regard to the attraction of FDI,” which he said, is at the core of the mandate of OGFZA. Umana said his management decided to review charges in the free zones to prevent erosion of incentives provided by law for investors, and to provide a level-playing field for all licensees in the free zones. He said similar patriotic intention informed the support of his management for the amendment of the principal law of the Authority to remove areas of ambiguity that tended to promote confusion and conflicts with sister agencies and reduce its effectiveness as a regulator. He expressed support for ANE’s call for a fund dedicated to infrastructure development in the free zones, adding, “We should provide amenities that investors would benefit from when they come.” He lauded the ANE leadership for its “support of government efforts to restructure the economy and generate more exports, particularly in agriculture,” and said OGFZA was looking forward to working more closely with ANE in the years ahead. ADEOSUN WANTS WEAK FINANCE CONTROL ACT REVIEWED, TASKS TREASURY MANAGERS

and Management Act and other related financial issues with a view to addressing some of the inherent deficiencies in the provisions. On the Economic Recovery and Growth Plan (ERGP), she explained that it was conceived by the President Muhammadu Buhari administration towards laying a solid foundation for long-term economic growth. She added that the emphasis of the ERGP was on local content business empowerment.

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Comms/e-Business Editor

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World Bank Board Set to Consider Transmission Expansion Plan Stories by Chineme Okafor in Abuja The World Bank Group is set to consider its planned expenditure on projects it had identified to fund in the transmission expansion and upgrade plan of the Transmission Company of Nigeria (TCN), the interim head of TCN, Mr. Usman Mohammed has disclosed. Mohammed stated recently in Abuja that in addition, the Japanese International Cooperation Agency (JICA) and Agence Française de Développement (AFD), which have interests in funding the TCN’s expansion and upgrade programme would meet to finalise their decisions by the middle of 2018. He made these disclosures when a 20-year transmission expansion master plan done by German power consultancy firm, Fichtner, was presented to the Minister of Power, Works and Housing, Mr. Babatunde Fashola. Fashola had described the 20-year transmission expansion master plan as a document that would end the era of using trial and error methods to develop Nigeria’s transmission network. He has also urged electricity generation and distribution companies in the country to adopt and develop their capacities alongside the TCN plan. “This master plan establishes the basis of the TCN transmission rehabilitation and expansion plan under which several donors are supporting TCN, and that plan, we have actually advanced some of them. For example, the one that is supported by the World Bank – we have actually done

the negotiation, I think it would go to the board very soon,” said Mohammed. He added: “The one by the AFD – the Abuja transmission scheme, the procurement has gone very far, and the other aspect, the northern corridor, we are doing the pilot aspect of the feasibility studies and it would also go for appraisal before the middle of this year. “And that is the same thing for JICA project between Ogun and Lagos, and the northern corridor and the north-east transmission projects. These are the basis of why we are

doing what we are doing. We are strengthening transmission system under this programme using in-house capacities,” he said In his remarks however, Fashola stated that the federal government would commit to ensure that the markers in the plan were adhered to. He said it was a holistic plan to develop Nigeria’s transmission network alongside expected expansions in the generation and distribution end of the sector, and urged operators in the two other ends of the sector to adopt its components. “With the completion of the

20-year transmission expansion plan, the era of trial and error in the transmission expansion program will be over. I accepted to open this workshop based on my conviction that the report will clearly bring out the future development of improved power system delivery in Nigeria for the next 20 years, starting from gas supply through the other power supply value chain,” Fashola stated. He added: “The development of the master plan started in 2016. The objective of the studies is to complement the

transmission rehabilitation and expansion program and power sector recovery plan by establishing the long-term generation and transmission plan that meets the forecasted national electricity demand at the lowest economic cost. “I therefore urge the CEOs of all generator and distribution companies to work closely with TCN to ensure that the outcome of the report is carefully reviewed and practical implementation should commence after obtaining formal approval from the relevant agencies,” said the minister.

BIG BROTHER NAIJA- SEASON 3 LAUNCHED

L-R: Managing Director, Multichoice Nigeria, John Ugbe; Group Head, Corporate Communications, Heritage Bank, Fela Ibidapo and General Manager, Marketing & Sales, Multichoice Nigeria, Martin Mabutho, during the launching of Big Brother Naija- Season 3, which Heritage Bank is one of the lead sponsors … recently

Fashola: How Investors’ Demands Stalled 14 LCCI Seeks Speedy Passage of Solar Power Projects PIB The Minister of Power, Works and Housing, Mr. Babatunde Fashola has given reasons why the 14 utility-scale solar power projects Nigeria had procured in 2016 to add to her energy mix have recorded measured progress. According to Fashola, the IPPs investors made demands the federal government considered too difficult to meet. He said this affected the drive to go on to conclude processes that would lead to their construction and completion. He spoke at a meeting to educate civil society groups on the content of the government’s Power Sector Recovery Programme (PSRP) in Abuja. The minister said the government offered investors in the solar projects some good head-starts when it signed power purchase agreements (PPAs) with them but they allegedly made demands it could not afford. Fashola explained that with the PPAs, the government made its commitment to the projects, but could not meet the demand of the investors to have it sign their Put Call Option Agreements (PCOAs) in naira. The PCOAs are also backed by the World Bank.

“Ideally, once you sign a PPA, your project is bankable, but there is another instrument they usually want – a Put Call Option Agreement (PCOA), it guarantees against if the project terminates or fails. And, I always ask them: are you planning for this project to fail because if we have given you the instrument that gives you the bankability, why are you spending so much time on the instrument that will help you to collect money if the project fails, are you planning for the project to fail?,” Fashola said. He further stated: “But nevertheless, in spite of that, they now asked us to issue that document (PCOA) in dollars and that was at the time the economy was in recession, our dollar inflow was limited and I said: look, why should we issue you an instrument in a currency we don’t control, let us issue you in a currency we control, at least Nigeria has not run out of naira. “They said, OK, what about fluctuations, and I said we will also cover it but they said they won’t accept it, and that is what caused delay until global market prices changed again,” he said. The minister also informed that the World Bank was uncomfortable with backing

the PCOAs at the tariffs the investors have in their PPAs, because it is of the view that the prices of solar power components were falling. “They still have their PPAs, so there is nothing to fear, but there is a PRG or World Bank guarantee behind the PCOA, the World Bank is now saying, this thing is expensive, prices are crashing, and so, it is not me saying so, it is the ultimate party who would sign that is saying price is too expensive, and so it is not me, it is not our ministry and it is not our government,” Fashola added. He insisted the government made good commitments to have the projects proceed but their investors failed to take advantage of that. “But, they had the momentum, take your 11.5 cent, take your PCOA in naira, and go and deliver your project. They didn’t seize it at the time, but more importantly, the question I have asked them is that: are these projects not easier to deliver if you scale them down, some of them are looking at 100 megawatts, 50 megawatts, when most state governments’ secretariats and water works, key drivers of public service will run on 10 megawatts,” Fashola said.

Jonathan Eze The Lagos Chamber of Commerce and Industry (LCCI) has urged the National Assembly to urgently consider and pass the Petroleum Industry Bill (PIB) in order to solve the recurring problems of fuel scarcity and other challenges of the downstream petroleum sector. Addressing a press conference in Lagos recently, the President of LCCI, Mr. Babatunde Paul Ruwase, said the fuel crisis once again underscores the need to urgently review the current policy framework for the petroleum downstream segment of the oil and gas industry. According to the chamber, the key issue is the pricing policy, and the consequences of the current policy regime include the following: Disincentive to private investment in the downstream sector, especially in refineries and fuel importation, resulting from the pricing policy; Recurring and protracted fuel scarcity, Considerable loss of man-hours as a result of long fuel queues and associated traffic issues on the highways; Transparency is-

sues in the petroleum products supply chain; Humongous financial commitment to subsidy payment, even at a time of high infrastructure deficit, among others.” LCCI frowned on the reluctance of government to liberalise the sector and open it up to private sector participation. “The concentration of petroleum products supply in the NNPC remains a major cause for concern. The arrangement is an inherent entrenchment of state monopoly in the NNPC to the detriment of private investors. “The midstream and Downstream petroleum sector currently suffers from regulatory regime which is negatively impacting growth, investment and job creation in the sector. “The current model of managing the downstream petroleum sector is not sustainable. It is at variance with the present administration’s vision to diversify the economy and create jobs. It perpetuates the phenomenon of rent economy and detrimental to economic competition. The truth is that the citizens are the ultimate beneficiaries of a competitive market environment.

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ENERGY

Another Positive Step on Petroleum Industry Bill The recent passage of the Petroleum Industry Governance Bill by the House of Representatives will give investors the assurance that Nigeria is committed to creating a predictable operating environment for investment decisions in the oil and gas sector. Ejiofor Alike reports

Senate President, Dr. Bukola Saraki After over four decades of oil and gas production in Nigeria, the administration of former President Olusegun Obasanjo had initiated steps to enact a modern legislation that would replace about 16 obsolete legislative and administrative instruments in Nigeria’s oil and gas industry This idea gave birth to the Petroleum Industry Bill whose journey started on April 24, 2000 when Obasanjo set up the Oil and Gas Reform Implementation Committee (OGIC), headed by his then Honorary Special Adviser on Energy and Strategic Matters, the late Dr. Rilwanu Lukman, to carry out the first comprehensive reform of the oil and gas industry. Obasanjo left office before he could implement the National Oil and Gas Policy (NOGP) report that was submitted by the Lukman’s committee. The late President Umaru Musa Yar’Adua reconstituted a new committee, also headed by Lukman, on September 7, 2007. Lukman’s new committee, which submitted its report on August 3, 2008, was mandated to “transform the broad provisions in the NOGP

Unfortunately, 17 years after the bill was submitted to the National Assembly, the reform bill could not be signed into law because of the politics associated with the fiscal regime and other controversial provisions, which the successive lawmakers could not resolve.

House Speaker, Hon. Yakubu Dogara into functional institutional structures that are legal and practical for the effective management of the oil and gas sector in Nigeria”. The PIB, which also seek to replace about 16 obsolete legislative and administrative instruments in Nigeria’s oil and gas industry and transform them into a single law, emerged from the report of these two committees. Unfortunately, 17 years after the bill was submitted to the National Assembly, the reform bill could not be signed into law because of the politics associated with the fiscal regime and other controversial provisions, which the successive law makers could not resolve. However, on assumption of office, this present administration had split the Petroleum Industry Bill (PIB) into four parts – Petroleum Industry Governance Bill (PIGB), Petroleum Industry Administration Bill (PIAB), Petroleum Industry Fiscal Bill (PIFB) and Petroleum Host Community Bill (PHCB) to fast-track its passage into law. The PIB was originally submitted to the National Assembly by Yar’Adua, and a revised version submitted by his predecessor, former President Goodluck Jonathan, before Buhari’s administration split the bill for ease of passage. In what could be described as a historic move, the Senate on May 25, 2017 passed the PIGB, the first leg of the 17-year-old PIB. Major highlights of PIGB With the passage of the bill, a new regulatory agency, known as Nigeria Petroleum Regulatory Commission (NPRC), would take over the functions of Petroleum Inspectorate (PI); the Department of Petroleum Resources (DPR) and the Petroleum Products Pricing Regulatory Agency (PPPRA). The new commission, among other things, will also administer and enforce policies, laws and regulations relating to all aspects of petroleum operations which are assigned to it under the provisions of the Act. With the bill signed into law, two new companies - Nigeria Petroleum Assets Management Company (NPAMC) and National Petroleum Company (NPC), would be established with certain assets and liabilities of Nigerian National Petroleum Corporation, (NNPC), while the NPC, for instance, would operate as a full independent commercial entity. The move, according to the Senate, is geared towards unbundling the NNPC and the petroleum

industry. In the PIGB, the Ministry of Petroleum Resources would be renamed Ministry of Petroleum Incorporated. The new bill also provides that upon the recommendations of the new commission, the Minister of Petroleum Resources can grant, amend, renew, extend or revoke any licence or lease required for petroleum or production, pursuant to the provisions of the Act or any other enactment. The bill also stipulates that when the commission is created, it shall be vested with all assets, funds, resources and other movable and immovable property, which immediately before the commencement of operation of the new commission, were held by the PI, DPR and PPPRA. The PIGB vested more powers on the commission, as the President or the Minister of Petroleum Resources, who currently wields such powers, would be stripped of such powers. The bill has significantly reduced the powers of the President and the Minister of Petroleum Resources in exercising control over the oil and gas sector. The PIGB is expected to help promote transparency and accountability in the administration of petroleum resources of Nigeria as well as foster a conducive business environment for petroleum industry operations. The Senate President, Senator Bukola Saraki had also hinted that the bill will reduce corruption in the industry. House Concurs After the passage of the PIGB by the Senate, it was sent to the House of Representatives for concurrence before being transmitted to the President for assent. Last Wednesday, the lower chamber of the National Assembly passed the reform legislation, setting the stage for the transmission of the bill to President Muhammadu Buhari for his assent. The Speaker of the House Hon. Yakubu Dogara had last Thursday said the new legislation would be transmitted to the president within the next few days, and called on Buhari to, as a matter of urgency, sign the bill into law. Dogara also explained that the 8th National Assembly had to move on and pass its own version of the bill, following the failure of the executive to present a draft bill to the National

Assembly. Dogara’s Special Adviser on Media and Public Affairs, Mr. Turaki Hassan said the Speaker had described the passage of the PIGB as a historic and landmark achievement by the 8th National Assembly after it was first introduced to the parliament by late President Yar’Adua in 2008. Boosting investors’ confidence Nigeria’s oil and gas industry has suffered dearth of investments for the past 17 years following the failure of the federal government to pass the PIB. With the non-passage of the PIB, the country’s oil and gas sector is afflicted with a protracted reform, which created uncertainty in the operating environment, and scared investors, especially foreign investors. The lack of clarity of terms in the operating environment forced many investors to abandon the country and sanction projects in other countries where the operating environment is predictable. This development led to loss of investments as investors relocated from Nigeria to elsewhere. Despite the efforts made by the successive administrations to woo investors, only pockets of projects have been sanctioned since the past 10 years while major projects have either been deferred or cancelled. THISDAY had reported that President Muhammadu Buhari has travelled round the world to solicit for investments but his efforts have only yielded signing of MoUs as no major investments have been launched in Nigeria’s oil and gas sector. With the uncertainty in the oil and gas sector, investors have not taken the risk to stake billions of dollars on investments in the sector. Most investors and operators have put their major investments on hold, pending the passage of the PIB, which will define new fiscal terms for the industry. The passage of the PIGB will no doubt give investors the confidence that the country is committed to creating a predictable environment for investors to take major investment decisions. The federal government should expedite actions to conclude the 17-year-old reform by fast-tracking the passage of Petroleum Industry Administration Bill, Petroleum Industry Fiscal Bill and Petroleum Host Community Bill (PHCB).

T H I S D AY ˾ ˜ ʹ˜ ͰͮͯͶ

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BUSINESSWORLD

INDUSTRY

Lumati: INTELS Embraces the Physically Challenged Peter Lumati is a physically-challenged person and a staff of INTELS Nigeria Limited. In this interview, he encourages persons with physical disabilities to move beyond self-pity and develop themselves so as to live full lives, and commended INTELS for providing a conducive atmosphere for persons like him to work and thrive. Excerpts: Please tell us your name and a bit about yourself My name is Peter Lumati. I hail from OgbumNu-Abali Community in Port-Harcourt Local Government Area of Rivers State of Nigeria. I am a graduate of Economics, Abia State University. I was employed in Intels Nigeria Limited on 1st of April 2004. I started as an Assistant Supervisor and rose to the Principal Supervisory Position and presently I am the Principal Learning and Development Supervisor in Human Resources Department of the company. I am happily married to Darlingtina and I have a handsome son by name Timothy.

my car, it has been easy to attend my family meetings, club meetings as well as church programmes. In addition, having been a salary earner, engaging in social activities becomes easier. Most social activities attract one payment or the other. However, it has been very comfortable to adapt, as a result of meeting up any form of contributions or fees or levies. At times we do assemble for a picnic, in which case individuals are to contribute a specific amount to buy refreshments. Let me ask: if I had not been given opportunity to work in Intels, how possible could I have made it?

How long have you worked in INTELS? By April 1st 2018 I will be 14 years in Intels Nigeria Limited.

What will you consider as your most memorable experience in your adult life? Becoming a parent has been the most lifechanging event of my adult life. It has caused me to grow up and face life. It also helped me realise that I was truly meant to be a dad. I wouldn’t have considered having a wife or not to think of becoming a father if I don’t have a job. I knew exactly what the struggle was as a single physically challenged man without a job. Horrible!!! That is why I will continue to rain praises on Intels for providing me with such a quality memorable adult life.

How did you become a staff of INTELS? It was never easy in life as a physically challenged man in Nigeria. After a University Degree Programme in 2002, I approached the Religious Sisters of Charity in charge of Compassion Centre for the physically-challenged in Rivers State should there be an opportunity for job placement. Indeed, that was how I became fortunate to have a job placement in Intels Nigeria Limited through them, up till date. I think I am very fortunate. How has it been working in INTELS with your physical challenge, considering that Nigeria as a country and many businesses in the country have little or no regard for the physically-challenged? There has been equal treatment of staff in the company. Intels has continued to show sensitivity to the plights of the physically-challenged persons through the provision of welfare, easy accessibility to any offices within Intels working environment etc. It is also true that this segment of the society does not only suffer discrimination/stigmatisation from privileged members of the society but Intels Nigeria Limited is in a different world, the best place to be. What specific provisions has INTELS made to make work easy for you in the organisation? As earlier mentioned, they provided ramps for easy accessibility. Secondly, as you know, to climb into a bus is mostly an exhausting and time-consuming task for physically challenged persons, which is not appreciated by commercial operators. Keeping safe balance on a motorcycle is almost impossible because of the physical deformities, therefore, physically-challenged persons may have to take commercial taxi transport (‘drop’) to and from certain pick-up points on their way to work or home. However, the Management of Intels Nigeria Limited is ‘seriously’ considering a proposal on special transportation scheme to lighten the physical burden because such sponsorship would result in easy movement to and from work and would greatly assist in improving productivity of the physically-challenged employee. Let me also add, the company has made a provision for car park for few of us who are driving to work, this is in line with international standard and you can hardly find such in other workplaces in Nigeria. How really has INTELS changed your life? It has been a tremendous change! Firstly, Intels equipped me with lot of skills to make a good professional, specifically in Human Resources. Today, I am a happily married man with a son, living in a personally built apartment. I also own a self-driven car and at least attain a minimum standard of living etc. Thanks to Intels. Are there discriminations in the workplace? There are no discriminations towards any physically-challenged persons working in Intels Nigeria. Honestly, the workplace attitude or put

Lumati differently, the general attitude of employees working in Intels Nigeria Limited, are exemplary and indeed professional. The supports we have in Intels working environment cannot be found anywhere else. I have personally encountered bitter experiences in life but let’s leave it at that. I appreciate the staff and the management of the company. Do you feel totally integrated with other colleagues? Yes very well. My relationship with colleagues has been wonderful and beyond expectation. At this juncture, it will be unfair if I fail to

There are no discriminations towards any physically-challenged persons working in Intels Nigeria. Honestly, the workplace attitude or put differently, the general attitude of employees working in Intels Nigeria Limited, are exemplary and indeed professional. The supports we have in Intels working environment cannot be found anywhere else. I have personally encountered bitter experiences in life but let’s leave it at that. I appreciate the staff and the management of the company

mention by superior, Mr. Michael Ndon. We are like a family. I will always appreciate him for his care on the job and off the job. How many physically challenged people work in INTELS at present and what is the company’s policy towards them? Currently, 13 physically challenged persons work with Intels and one person is on Graduate Trainee programme. As a policy, Intels strongly believes that physically-challenged persons can make productive, reliable employees, despite their being handicapped, as long as the physically challenged persons are given the opportunities. Intels is capable of adjusting access facilities and job descriptions to suit the physically challenged persons proposed for training and employment. Also Intels will continue to retain the physically challenged persons in employment (and even absorb more when the need arises) and provide them adequate training at all levels for capacity building that will enable them attain any level in the company and society. Tell us more about the company’s CSR, especially as it regards helping the less privileged and physically challenged children in the society. In line with the company’s genuine concern on assisting those with disabilities, Intels has in March 2003 implemented a scholarship programme for the three tiers of education which the company will provide scholarships to the less privileged and handicapped namely primary, secondary and tertiary levels of education as well as Industrial Training. On successful completion of their education and training, the sponsored students will be offered training/ work placement. What are your hopes and aspirations as a person who has benefitted tremendously form INTELS’ benevolence? I encourage other companies especially the multinationals and also the Federal, States and Local Governments to emulate the efforts of Intels Nigeria Limited by initiating meaningful programmes jeered towards enhancing the livelihood of persons living with disabilities. Apart from work at INTELS, how has it been engaging in other social activities outside the workplace? By the help of what I have been able to acquire as a result of working in Intels for example

How will you want to see physically-challenged persons treated in Nigeria, and what amenities do you think should be put in place to enhance their living standards? Teach a child how to fish and giving fish to a child is never the same thing. Former President of World Bank, Paul Wolfowitz once said that PWDs are people with extra talents. Yet, they are often forgotten. Of course an equal and better treatment, not neglect, discrimination etc. In spite of a law, (the constitution) which recognises all people to be treated equally, how has the law been enforced? Absolutely that part of the law is neglected! The second question on amenities and enhancing standard of living is one of the biggest problems the physically challenged persons face in Nigeria. We need an Act or a Law to cover areas like; access to basic facilities, free education, medical care, employment etc. With these amenities in place, Nigeria will be a better place for the physically challenged. The area of capabilities should be considered on the physically challenged and should be treated equally with the able-bodied because both breathe in oxygen and breathe out carbon dioxide. How about legislations? Do we have enough laws in Nigeria to protect the rights of the physically challenged? There are no laws or legislations specifically on Persons With Disabilities (PWDs). Except the current Disability Bill awaiting the President’s accent, I am using this medium to appeal to His Excellency President Muhammadu Buhari to eliminate the challenges or difficulties physically challenged persons are exposed to in this country and sign into law the Disability Bill. He will make history and will never be forgotten by the physically challenged families in Nigeria. A lot of people see physical disability as a license to be on the streets to solicit alms. What is your message to those who indulge in this? I had approached some of them while driving along the streets of Port Harcourt. I informed them of the bad images or signals they are sending to the society on physically challenged persons. My message to them is that no matter how many years spent on the streets soliciting alms, one quarter of their financial needs cannot be met. In addition, they should engage in meaningful things like going to school and acquiring skills and a special appeal to the society to also engage them having acquired various skills.

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WEEKLY PULL-OUT

06.02.2018

NJC: ABIA CJ’S REMOVAL IS UNCONSTITUTIONAL

Hon. Justice Theresa U. Uzokwe

Hon. Justice Obisike Orji

Chief Justice of Nigeria and Chairman, National Judicial Council , Hon. Justice Walter Onnoghen

10/COVER

06.02.2018

SUSPENSION OF ABIA CJ: UNCONSTITUTIONAL AND GRIEVOUS ASSAULT ON JUDICIAL INDEPENDENCE

Hon. Justice Theresa Uzokwe

buckled in one respect – suspending the incumbent of that office, Justice Theresa Uzokwe, pending the “... consideration of the report of its Panels”. Ensuring that Justice Uzokwe was “suspended” or even removed from office, was just what the Abia State Government was shooting for, and this NJC decision will be just what the doctor ordered for the government. All things considered, it’s still a win for the Abia State Government, at the end of the day. Overall however, there are mitigating factors for NJC’s moderate diplomacy on this matter. The Council walked a fine line, and we can infer that its decisions were calibrated to take account of the portrait of the situation on the ground in Abia State. Moreover, the Judiciary is, institutionally, forbearingly cautious when it is dealing with political branches of government, particularly in situations that may bring it in direct, political conflict with those branches. Additionally, anecdotal evidence suggests that the administration of justice in Abia State, has been in some straits under Justice Uzokwe as Chief Judge, and the allegations against her are quite

Governor Okezie Ikpeazu

troubling. The NJC could have taken the option to insist that Justice Uzokwe be returned to office first, before suspending her, if it wanted to. That could have been a more defining and robust way, to make a Statement about respecting judicial independence to the other branches of government, but the Council settled for what appears to us, as a more politically pragmatic and less confrontational option. Howsoever it is, we think that the NJC should thoroughly investigate the state of affairs of the Judiciary in Abia State, and not just determine the petitions against specific role actors. The situation in Abia State Judiciary is, we contend respectfully, well beyond what can be resolved through petitions alone. The Council should empanel a fact-finding Committee to determine whether the substantive Chief Judge, Hon. Justice Uzokwe, has been able to provide the quality of leadership that is conducive to the smooth administration of justice in the State, or whether she is just a victim of political vendetta. Thereafter, it can take any necessary actions from its

Hon. Justice Obisike Orji

findings. Conclusion The actions taken by the Abia State government regarding the leadership of the Judiciary, were a culmination of a longstanding frosty and fractious relationship between the government and the head of the Judiciary of that State. Indeed, a while ago, the Abia State Governor had dissolved the Abia State Judicial Service Commission and reconstituted it, based on a determination that the Commission was “incompetent”, and did so supposedly in violation of an order of court. Thereafter, two different Judicial Service Commissions were “created” with different sets of members, and all of this amidst constant bickering between the Attorney-General and the Chief Judge. The latest actions were, therefore, the climax of a crisis that had smouldered for a long time. All of this is unfortunate, but it is perhaps more sobering to note that, these foreboding signs did not trigger some prophylactic interventions by concerned stakeholders, including the NJC and

HOW ABIA COMPROMISED JUDICIAL INDEPENDENCE IN REMOVING CJ in resolving the issue of whether or not the Governor of a State and the House of Assembly of a State can remove a Chief Judge of a State in Nigeria without any input of the National Judicial Council. This is because the combined effect of these provisions of the Constitution has revealed very clear intention of the framers of the Constitution to give the National Judicial Council a vital role to play in the appointment and removal of Judicial Officers by the Governors and Houses of Assembly of the State. In the result, I entirely agree with the two Courts below that having regard to these relevant provisions of the 1999 Constitution, the Governor of Kwara State and

the House of Assembly of the State, cannot remove the Chief Judge of Kwara State from Office without the participation of the National Judicial Council in the exercise. Unconstitutionality of the Removal of Abia CJ Flowing from the above, the purported suspension of the Chief Judge of Abia State, Justice Theresa Uzokwe by the House of Assembly of the State on 26th January, 2018, without the prior recommendation or input of the NJC can at best be described as an exercise of legislative exuberance, and the consequent swearing in of Justice Obisike Orji as the Acting Chief Judge by the Executive Governor of the

to oppress, suppress, and repress the agitation of the indigenous peoples and public of the said Zones and Region for self-determination, and the anticipatory deployment of the Nigerian Military to South-West, North-Central, North-East and North-West Zones of Nigeria. Omirhobo said that Nigeria represents one of the world’s largest markets, with a multi-ethnic State inhabited by over 500 ethnic groups who speak over 500 different languages, and identified with diverse cultures. He added that, these ethnic nationalities that have existed from time immemorial to date, and are still in existence; and none, to date, has become extinct. “Each of these ethnic nationalities have

“....THE POSITION IS THAT, BEFORE THE PRESIDENT OR EXECUTIVE GOVERNOR OF A STATE CAN EXERCISE THE POWER OF REMOVAL OF A HEAD OF COURT, SUCH CAN ONLY BE DONE ON THE RECOMMENDATION OF THE NJC, AND NOT OTHERWISE”

the Bar, to arrest the descent into this chaos. Maybe if some determined actions had been taken when the early warning signs were screaming all over the radar, this may have been avoided. And this could very well be the lesson that needs to be learnt from the current crisis in the Judiciary of Abia State. Joseph Otteh, Legal Practitioner, Executive Director, Access to Justice

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State, Governor Okezie Ikpeazu, was an act founded on unconstitutionality. It is in this wise that the NJC, on 31st January, 2018, rightly declared the purported suspension of the Chief Judge, Justice Uzokwe, as unconstitutional, null and void, and the subsequent swearing in of Justice Orji as Acting Chief Judge, as invalid and unconstitutional, and further that such act was capable of raising potential questions of misconduct. Conclusion Thus, it will be safe to say that following the provisions of the Constitution by virtue of by the sections 6(2), 292(1a) and paragraph 21(c)

LAWYER SUES FG, OTHERS OVER USE OF MILITARY TO ENFORCE LAW, ORDER IN NIGERIA concerned that the 1999 Constitution of the Federal Republic of Nigeria (as amended), is not a peoples’ and/or autochthonous Constitution, which has led to it being disrespected by Nigerians who are now agitating for the National Assembly to call for a National Sovereign Conference, for the enactment of a peoples’ Constitution via referendum. He further averred that, he was worried and concerned about the Nigerian Military aggression, intervention and occupation of the South-South, South-East Zones and the Niger-Delta Region of Nigeria under the guise of the Military exercises tagged “Operation Crocodile Smile I and II” and “Operation Python dance I and II”, at the instance of the Federal Government

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(d) (f) Part 1of the Third Schedule to the Constitution, and the decision of the Supreme Court in the above cited case, the NJC is the only body, vested with the exclusive powers by law to exercise disciplinary control over Heads of Court (Chief Justices/Chief Judges) and other judicial officers and not by any token, the President or Governor of a State or House of Assembly of a State. The executive and legislative organs of government, do not have the power or authority to discipline, suspend, sack or remove a judicial officer unless upon prior recommendation by the NJC. Richmond Ekhosuehi Idaeho Legal Practitioner, ACIArb., Jackson, Etti and Edu, Lagos

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to date, proudly retained their identities, languages, cultures, traditions, civilisations, and religions, which they have with pride, passed on from one generation to the other. “That none of these ethnic nationalities have moved away from their homeland of inheritance, or from their fore bearers/ ancestral land”, he averred. The Applicant submitted that, the right to self-determination of the indigenous peoples within Nigeria, is automatic and doesn’t come after negotiations. According to the Applicant, the indigenous peoples within Nigeria, have the unfettered and inalienable right to self-determination, without the need for any form of negotiation with the Federal Government.

He, therefore, sought a declaration that the Federal Republic of Nigeria is a failing State and consequently, requires the enactment of an “autochthonous” Constitution created by the indigenous peoples within Nigeria, and approved via referendum, to save Nigeria from disintegrating and becoming a failed State. He also prayed the court amongst others, to direct the Federal Government to train, equip, and adequately fund the Nigeria Police Force, to enable her perform her primary and statutory responsibilities of enforcing and maintaining law and order in the entire Federal Republic of Nigeria, more particularly and urgently in the South-East, South-South and the Niger Delta Region of the Federal Republic of Nigeria.

06.02.2018

DISCOURSE/11

The Attorney-General of Abia State Should be Sacked In this article, J.B Nwachukwu, sheds a new light into this discourse about the removal of the Abia State Chief Judge and the swearing in of another in an acting capacity, by questioning what role the Attorney-General of the State, Umeh Kalu, SAN who is meant to be the Chief Law Officer of the State, played or ought to have played

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suspending the Chief Judge “placed on the Governor, a serious constitutional burden which he is under a duty to discharge pursuant to his oath of office to defend and protect the Constitution”. If the Governor knew the Constitution, he would have known that this very act infringes on it.

Introduction

bia State has been thrown into an unnecessary constitutional debacle, because of the purported suspension of the Chief Judge, Mrs T.U Uzokwe and the purported appointment and swearing-in of Obisike Orji as the acting Chief Judge, who less than 3 days into his acting office, has also been suspended by the National Judicial Council (NJC). In his place, the NJC has recommended that O.A.K Ogwe should be sworn in as the acting Chief Judge, pending when they reach a final decision on the matter. In one week, Abia State has had a Chief Judge and 2 acting Chief Judges. Realising that this could have been averted, it is really shameful that it wasn’t averted, and this questions the competence of the various stakeholders in this process. Appointment and Discipline of Judges: A Sui Generis Process It is common knowledge, which every 1st or 2nd year undergraduate law student is privy to, that the appointment and removal of Judges is always subject to the recommendation of the National Judicial Council (NJC). The NJC is empowered to do so by virtue of the combined reading of Section 292 and paragraph 21 of the 3rd Schedule, Part 1 of the 1999 Constitution (as amended). These sections are not novel, as they have been tested in the Nigerian Courts and the Courts have affirmed the intention of the lawmakers. In HON JUSTICE RALIAT ELELU-HABEEB v AG OF THE FEDERATION, the Supreme Court in 2012, held infallibly and finally, that “ although the Governor of a State has been vested with the power to appoint the Chief Judge of his own State, that power is not absolute as the Governor has to share the power with the National Judicial Council NJC) in recommending suitable persons and the State House of Assembly in confirming the appointment. It is in the spirit of the Constitution in ensuring checks and balances.... In addition to its role in the appointment of Chief Judges of the States and other Judicial Officers, the same National Judicial Council is also empowered under Sub-paragraph (d) of paragraph 21 to recommend to the Governors of the States the removal from office of the Chief Judges of the States and other Judicial Officers of the States, and also to exercise disciplinary control over such Chief Judges of the States and other Judicial Officers of the States”. Intelligibly (having the likes of Onyebuchi Ememanka Esq in mind), the Learned Justices of the Supreme Court held that, even if effect was to be given to Section 292 alone, the Governor and the House of Assembly do not still have the power to remove a Chief Judge arbitrary, such removal must be subject to either of the following: a) Inability to discharge the functions of office or appointment, whether arising from infirmity of mind or body b) Misconduct or contravention of the Code of Conduct The wordings of these sub-sections, do not envisage mere allegations which are yet to be investigated and substantiated (as is the case in Abia State), the words “inability” “misconduct” and contravention” are all used in the positive, which means that before any action can be taken by either the House of Assembly or the Governor, the allegations must be investigated and proven to be true. How can this be done, if the NJC is not involved and if the Chief Judge in question is not given the right of fair hearing? This line of thought reaches a logical end, when we appreciate that Section 292 of the Constitution does not provide for “suspension” but “removal”. The intent of the framers of the constitution is that when Section 292 is invoked legally, it is permanent. Unfortunately, the Abia State House of Assembly did a constitutional summersault, by suspending the Chief Judge based on a petition yet to be investigated. The Learned Justices held “It is not difficult to see that for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and the House of Assembly, the first port of call by the Governor on his journey shall be the National Judicial Council (NJC) which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of his office......and where the infirmity of the mind or body is involved,

Abia State Attorney-General, Umeh Kalu, SAN

the services of a medical board to examine and submit appropriate report on the Chief Judge to be effected, could also avail the Council in the process of investigation” The Response by Onyebuchi Ememanka Esq While I am yet to see any official statement by the AG of the State, the Special Adviser to the Governor on Public Communication, Onyebuchi Ememanka ESq, has taken the bull by the horn, and he has declared constitutional the unconstitutional act of his employer. According to him, what the House of Assembly and the Governor did was valid under section 292. For reasons best known to him, he avoided citing paragraph 21 of the 3rd Schedule, Part 1 of the 1999 Constitution (as amended) and the Supreme Court Judgement in Hon Justice Raliat Elelu-Habeeb v AG of the Federation. Maybe he is not aware of these recent authorities, and if he isn’t, we have every reason to question his legal scholarship. Even the Section 292, he runs to for protection, does not avail him much protection, as the House of Assembly did not fulfill those conditions as explained above. Unfortunately, probably because he does not appreciate the sui generis nature of the appointment and removal of Judges, he argued that “since the House of Assembly can lawfully impeach a Governor, why should anyone be surprised that they could activate the removal of the State Chief Judge?” He further tried to buttress this, by relying on irrelevant comparisons which are extraneous to the matter in issue. His argument reached its climax when he argued that the notification by the House of Assembly

“THE CONSTITUTIONAL CRISIS IN ABIA STATE, COULD HAVE BEEN AVERTED IF THE ATTORNEYGENERAL HAD ACTED DILIGENTLY. AS A HEAD OF A MINISTRY WHICH HAS A VARIETY OF LAWYERS, IT IS IMPOSSIBLE, THAT NO LAWYER WOULD HAVE KNOWN THAT THE HOUSE OF ASSEMBLY ACTED ILLEGALLY”

The Attorney-General of a State: Powers and Duties The Attorney-General, either of the Federation or the State, is the only Minister or Commissioner, whose position and requirement is provided for by the Constitution. This shows the importance the law ascribes to the office of the Attorney-General. Section 195(1) which provides for the Attorney-General of a State, describes the AG as the Chief Law Officer of the State. Basically, the Attorney-General; 1. Is the Law Officer of the Executive Council; 2. shall see that the administration of public affairs is in accordance with the law; 3. shall superintend all matters connected with the administration of justice; 4. shall advice the Government upon all matters of law connected with legislative enactments or upon all matters of a legislative nature; 5. shall advice the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agencies; 6. shall conduct and regulate all litigation for and against the Government or any ministry or agency of government; Paragraph 4 can be further broken into two; 1. To oversee that all legislative enactments are in accordance with principles of natural justice and civil rights 2. To advice on the constitutionality and legality of legislation. The Judicial crisis in Abia State raises the following questions: 1) Is there an Attorney-General in Abia State? 2) If yes, where was he when the House of Assembly embarked on this unconstitutional Journey? 3) What was his advice to the Governor? The time has come for the Attorney-Generals in Nigeria, to realise the importance of the Office they occupy; primacy should be given to the rule of law, than to President and the Governor. Conclusion and Recommendations It is trite law as stated by Abbott C.J in Montriou v. Jefferys that “no attorney is bound to know all the law” but at least, an attorney should know where to find the law. The Constitutional crisis in Abia State, could have been averted if the Attorney- General had acted diligently. As a head of a Ministry which has a variety of Lawyers, it is impossible, that no Lawyer would have known that the House of Assembly acted illegally. This is indeed a costly mistake, making mistakes are only forgivable when they are new mistakes, but making old mistakes are unjustifiable. 1) If the AG failed to have provided sound legal opinion to the Governor, I recommend his immediate sack and that of Onyebuchi Ememanka Esq for gross ignorance and negligence, for both have brought great shame to the Governor. 2) If the Governor was advised as to the illegality of his action, and he still went ahead to effect such illegality, I recommend that he be impeached for being malicious and for disrespecting the Constitution. 3) I recommend that the NBA should sanction its members, who when in Public offices, fail to uphold the Constitution and the principle of Stare Decisis. 4) I support the NJC position to sanction Mr. Obisike Orji for his undignified conduct in presenting himself to be sworn in. 5) To avert such unnecessary constitutional crisis in future, I recommend a constitutional amendment which would require that, before the Legislature acts, they must seek and get clearance from their legal adviser. In “On a platter of gold; how Jonathan won and lost Nigeria”, Mallam Bolaji Abdullahi, detailed several instances where President Jonathan sought the legal advice of the then Attorney-General of the Federation, Mohammed Adoke, SAN, on several constitutional issues. Despite being pressurised from several interests groups, Adoke gave sound legal advice, not minding how unpopular they were and the President mostly obeyed. That is how a responsible Attorney-General should act. Joshua B. Nwachukwu, Legal Practitioner, Lagos

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LPPC’s Sledge Hammer: Was Kunle Ogunba a Scapegoat? In light of the recent stripping of the rank of Senior Advocate of Nigeria from Mr. Kunle Ogunba, Osaro Eghobamien, SAN, Ayokunle Ogundipe and Wole Fadugba delve into the intriguing issues surrounding erring Legal Practitioners, giving some possible reasons for their ‘sharp’ practices, the sanctions they face, drawing comparisons between Nigeria and the UK, and making suggestions for a more standardised type of system of sanctions in Nigeria, which should be extended to clients, if possible. Questions are also raised, about the alleged exoneration of Mr Ogunba by the Nigerian Bar Association, given the decision of the Legal Practitioners Privileges Committee’s in the matter

Of Scape-goats, and Silk Gowns...Where lies Culpability?

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Withdrawal of SAN Rank hen a prominent legal practitioner was recently stripped of the rank of Senior Advocate of Nigeria (SAN), the development sent ripples of shock, particularly through the legal community. It is not often that a member of the prestigious Inner Bar, is so publicly and forcibly returned to the rank and file of the legal trenches, as it were. This, after a finding by the Legal Practitioners’ Privileges Committee (LPPC) of professional misconduct against him. Not having had the benefit of the full facts and evidence turned up during the investigation, it would be improper; and it is certainly not my intention, to comment on the personality of the erstwhile Silk involved, or his culpability in the matters alleged, and eventually found as proven against him. It will be more apt to start by saying that such severe sanctions, while not commonplace in this jurisdiction, are perhaps more so in the United Kingdom, (at least amongst solicitors who come in contact with the public), where a betrayal of the public trust by those in regulated professions is viewed in the harshest and most unforgiving light. For those familiar with the practice within the ‘insolvency and receivership Bar’ as well as what I will loosely refer to as the political Bar (adjudication in political cases), the issues raised by the occurrence alluded to in opening, are far more nuanced than they first appear. Ethical Standards Members of regulated professions round the world, belong to an elite club. Their services extend beyond the ordinary bounds of commerce, to touch on public safety and interest as a whole. They function as curators of modern civil society. Gate-keepers of sorts. They

therefore, undergo a combination of rigorous training and statutory licensing, before they are permitted to practice their profession. The ethical standards are supposedly extremely high. They must be, it is often said, fit and proper persons. A violation of professional ethics for a Lawyer, is accordingly akin to professional suicide, and erring members are quickly and publicly ex-communicated; if only to maintain the special bond of trust and respect for the legal profession, in the eyes of the public Insolvency and Political Bar Despite its lofty ideals, and the prestige which should ordinarily be ascribed to the legal profession in Nigeria, it is no longer hidden that our entire system of justice administration is challenged. This is more so in certain sectors of practice which have over the years proven more susceptible to systemic corruption, maladministration, and infrastructural decay. Among these, the ‘insolvency and receivership Bar’, and the ‘political Bar’ rank among the highest. The challenges in these sectors are not of practitioners’ making, but there can be no denying that some practitioners’, and many big-name clients, have become the main beneficia-

“IF THE CLIENTS ARE NOT FACED WITH THE THREAT OF PENALTY JUST AS THE LEGAL PRACTITIONERS WHO SERVICE THEM, THEY WILL NEVER HAVE AN INCENTIVE TO JOIN EFFORTS AND RESOURCES WITH THE REGULATORS, TO ROOT OUT SYSTEMIC ROT IN THOSE PRACTICE AREAS”

Kunle Ogunba

ries of the dysfunction in the system. The entire legal infrastructure in these sectors seems to have been so undermined, to the point where there is virtually no possibility of an end user of legal services, receiving a desired service, without cutting corners and playing fast and loose with the rules. Professed experts in these areas are therefore, not always those with the most superior command of legal principles, (at least that is not what secures result), but those who have developed a penchant for a more cavalier approach to the rule of law. The result – for big ticket clients and transactions, there are only a few household names that can be trusted in the legal community to get results, and quickly in these areas. It is not surprising that a few who have been sanctioned, have their practices entranced in insolvency or

political related cases. This is understandable. Most big clients, are businesses and institutions who are concerned with getting value for their shareholders. They have neither the desire, nor the patience for engaging with a system which has abdicated its statutory role, and has no regard for their legitimate grievances and/or aspirations. The same can be said of political parties and politicians. Indeed, they often stretch the system to its breaking point. Rather than fight the system, they would rather take their chances with a senior counsel, usually Silk, who is an expert at manipulating this same system, to achieve a desired result. The victim becomes not only the adversary to such a big client (or a competing end-user for CONTINUED ON PAGE 13

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NBA as a Self-Regulatory Institution ne of the clearly defined aims and objectives of the Nigerian Bar Association (NBA), as enshrined in its constitution, is: “Maintenance of the highest standard of professional conduct, etiquette and discipline.” Legal Practitioners are described as priests in the temple of justice; a status which behooves them to conduct themselves with all sense of decorum, professionalism and respect for the sanctity of the judicial system, while discharging their professional duties. It is therefore no surprise, that the NBA as a professional body of Lawyers, also acts as a self- regulatory institution in the Nigerian legal system. Within this purview, the NBA maintains discipline among Lawyers, and can reprimand erring Lawyers whenever the need arises. The Elevation of Advocates In the United Kingdom, elevation to the Recently, the LPPC stripped Mr. Kunle Ogunba of the rank of Senior Advocate of Nigeria. In the official statement released by the LPPC, another Lawyer, Oluwatoyin Bashorun, was barred from applying for the SAN rank for 3 years. The LPPC reached its decisions after finding separate petitions written against both Lawyers meritorious. In the petition against Kunle Ogunba, a Lagos-based company, Honeywell Group, had accused him of professional misconduct, claiming he was unscrupulous in his “institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject-matter, with the deliberate aim of abusing the process of Court and derailing the course of Justice.” The company in its petition noted that it had already filed a suit at the same Federal High Court (FHC), asking the court to determine the status of the alleged indebtedness. The company was of the view that, instead of allowing the suit it filed to be determined, Mr. Ogunba, in a bid to frustrate the process, filed the multiple suits. The filing of the suits and the timing of the forum shopping acts of Mr. Ogunba, were perceived as behaviours unbecoming of a member of the rank of Queen's Counsel (QC) in English legal system is a most significant practice. The ‘QC’ rank is not only a quality mark recognised internationally, but also a way to encourage the advocates to maintain high ethical standards in their practice of the law. It is a fact that, the Nigerian Legal System mirrors the United Kingdom’s Legal System almost completely. This similarity extends to the issue of the elevation of Barristers to a higher rank, which is referred to in Nigeria as Senior Advocate of Nigeria (SAN). Here, all the privileges and expectations that applies to the QC in United Kingdom, also applies to the SAN in Nigeria. Specifically, the rank of SAN is a privilege (and not a right) conferred by the Legal Practitioners Privileges Committee (LPPC), on legal Practitioners who have distinguished themselves and have been found deserving of the preferment. It is a call to higher service and a testament to the industry, brilliance, commitment, exemplary professionalism, and no less important, ethical reputation of those who have been found worthy of the elevation.

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Sanctions for Misconduct Institutions like the Legal Practitioners Privileges Committee (LPPC) and the Legal Practitioners’ Disciplinary Committee (LPDC), were established, largely to serve the purpose of monitoring and prescribing appropriate sanctions for such, and other types of conduct, unbecoming of a legal practitioner. They must therefore, be applauded whenever they seem to be alive to their responsibilities, and display a willingness to take decisive action. However, the yardstick determining application of

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NBA and the Rules of Professional Conduct for Legal Practitioners – The Kunle Ogunba Question The Kunle Ogunba Conundrum Bar, not to talk of a Senior Advocate, who is charged with upholding the highest standards of practice. Following the decision of the LPPC to withdraw the SAN rank from Mr. Ogunba, it was alleged in the media that he (Ogunba) had earlier been cleared of misconduct allegations by the NBA. But a review of the sequence of events on the matter indeed raise questions as to: (1) Whether a decision was indeed reached by the NBA. (2) What is the process of dealing with petitions by the NBA? (3) Is it possible for the NBA to issue a ruling on a petition and not send same to the Petitioner? As Honeywell claims it is yet to receive a copy of the alleged ruling. (4) Can hearing continue after a ruling has been issued? In fact, the chronology of events surrounding proceedings at the NBA, suggests that it is illogical that a decision would have been delivered by the NBA on the date alleged, as there was correspondence following the alleged date which indicated that the review by the NBA was still ongoing. Sequence of Events Apparently, Honeywell had submitted its petition dated 7th April, 2016 to the NBA on the 8th of April, 2016. On the 7th of September, NBA forwarded the petition to Mr. Ogunba. Mr. Ogunba responded to the petition on the 27th September. On the 26th of October, 2016, Honeywell received a letter from the NBA forwarding Mr. Ogunba’s response to Honeywell’s petition. Honeywell via a letter dated 23rd November, 2016 issued a rejoinder to the

“IN THE PETITION AGAINST KUNLE OGUNBA, A LAGOS-BASED COMPANY, HONEYWELL GROUP, HAD ACCUSED HIM OF PROFESSIONAL MISCONDUCT, CLAIMING HE WAS UNSCRUPULOUS IN HIS “INSTITUTION OF MULTIPLICITY OF PROCEEDINGS BEFORE DIFFERENT JUDGES OF THE FEDERAL HIGH COURT ON THE SAME SUBJECT-MATTER, WITH THE DELIBERATE AIM OF ABUSING THE PROCESS OF COURT AND DERAILING THE COURSE OF JUSTICE””

OF SCAPE-GOATS, AND SILK GOWNS...WHERE LIES CULPABILITY? the same service); who has no desire to compromise (or otherwise cannot afford the services of such senior counsel), but also the society itself. Similarly, the hard working and brilliant lawyer, who is unwilling to stoop to conduct unbecoming of a legal practitioner, simply to win results for his client within a compromised system, finds himself at a disadvantage, and unable to win the confidence of his potential client. It is obviously a sad state of affairs, when selfprofessed ministers in the temple of justice, justify unsavoury means of achieving results, by the results themselves. What is worse, they are publicly celebrated by their clients, and rewarded with more briefs and public accolades. Such a system is simply unsustainable, and poised to implode. It is only a matter of time.

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response. Having received no further update from the NBA regarding the petition, Honeywell sent a letter to the NBA dated 20th November, 2017 requesting for an update on the status of the petition. A subsequent letter, dated 17th January 2018, was also written to the NBA, wherein Honeywell stated as follows: “We note that although a ruling dated 5th August, 2016 was allegedly issued, the NBA in September 2016 forwarded the petition (containing the infractions from which Mr. Ogunba claimed he had been exonerated) to Mr. Ogunba, requesting that he provide a response to the allegations therein. Mr. Ogunba submitted a response to the petition which was dated 27th September, 2016. In the said response, there was no mention of any ruling by the NBA and we wonder why Mr. Ogunba issued a response to the petition almost two months after a ruling had been issued purportedly dismissing the same petition”. Honeywell also questioned the “grave discrepancy” between Mr. Ogunba’s claims of exoneration, and the subsequent correspondence from the NBA, and stated that, if indeed, there was a ruling by the NBA dismissing Honeywell’s petition, then it is implausible that the same NBA would have subsequently forwarded the petition to Mr. Ogunba for his response, and thereafter forwarded his (Ogunba’s) response to Honeywell for its reply. Conclusion A lot is expected of the NBA in maintaining a high level of professional conduct among Lawyers. The objective of the NBA to maintain the highest standard of professional conduct, etiquette and discipline, remains pivotal to the sanctity of the judicial system and the future of the legal profession. This is why the alleged discrepancies and conflicting reports in the media, on the exoneration or otherwise of Mr. Kunle Ogunba, is both shocking and disturbing. It is a disservice to the respected constitution of this noble body, and it inspires no confidence in the ability of the Executive Committee of the Association to deliver on the aims and objectives of this esteemed institution. The questions raised above are indeed pertinent and require answers and clarification from the NBA and it is this observer’s belief, that the NBA will clear itself of the fuss presently surrounding its handling of this matter. “In the petition against Kunle Ogunba, a Lagos-based company, Honeywell Group, had accused him of professional misconduct, claiming he was unscrupulous in his “institution of multiplicity of proceedings before different judges of the Federal High Court on the same subjectmatter, with the deliberate aim of abusing the process of Court and derailing the course of Justice” ” It is only apposite to conclude with the statement made in R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233) - "Not only must Justice be done; it must also be seen to be done”. Wole Fadugba, Lagos

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any of these sanctions, is far from clear. The LPPC ordinarily applies one of three sections. It is either a warning, a suspension of the rank or a demotion. In an extreme situation, it may require striking out the errant practitioner from the role of practitioners. It will instil further confidence in the public, if the LPPC were to disclose the criteria that influences the application of one sanction rather than another. At this moment, the erring applicant is penalised simply on the whims and caprices of members of the Committee; it appears like, ‘guess work.’ Those clientele who benefit from the current state of affairs, may naturally kick against any move by statutory bodies to sanitise a system, which has long been rigged in their favour. They are more often than not, aware of the means by which their counsel secure outstandingly favourable results, within a severely damaged system. Suggestions for Reform It therefore, seems imperative to not only thoroughly revamp the errant system(s), but also sensitise the end-users that there is to be a departure from the old way of doing things. Even more than that, rather than go after wrong-doers who are legal practitioners, alone, these statutory bodies of the legal profession, could make recommendations to the professional associations

of the clients (i.e. chartered bodies regulating the top management of such clients), to investigate and possibly sanction erring members of their respective professions. If the clients are not faced with the threat of penalty just as the legal practitioners who service them, they will never have an incentive to join efforts and resources with the regulators, to root out systemic rot in those practice areas. Experience has proven that it is only a synergy between the end-users of the product/service, and the providers, that can bring about true reform. This is what all stakeholders should seek, and if effectively undertaken, can serve as a template for other legal service areas. In this instance, financial institutions as well as political parties/politicians that seek to deliberately instruct counsel to circumvent the process to secure a particular result, must also be a reference point for sanctions. This is necessary if we are to see any significant reforms in the administration of justice. The case of the former Governor of Nigeria’s oil rich Delta State, James Ibori, comes to mind; not only was he sentenced to thirteen years in jail by a Judge in a court in London for stealing government funds in Nigeria, but his Lawyer and accountant (business associates, wife, sister and mistress), were also sentenced on money laundering charges. It is unlikely that such bold steps could ever be taken in Nigeria. Osaro Eghobamien, SAN and Ayokunle Ogundipe, Perchstone and Graeys, Lagos

14/REJOINDER

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Hon. Justice H.A. Nganjiwa v Federal Republic of Nigeria Revisited As part of our Cover of January 9, 2018, we featured an article written by a past President of the NBA, J B Daudu, SAN titled“Nigerian Judiciary in 2018: Prospects, Hopes and Aspirations”. Daketima Kio in this Rejoinder, responds to the Learned Senior Advocate, differing in opinion from him and saying that the Court of Appeal decision in Nganjiwa’s case is faultless, providing reasons for his position

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J. B. Daudu, SAN’s Position read with fascination the article on “Nigerian Judiciary in 2018: Prospects, Hopes and Aspirations by a Past President of the Nigerian Bar Association, Joseph Bodunrin Daudu, Senior Advocate of Nigeria published in THISDAY Lawyer of Tuesday 9th January, 2018. My interest in the said article however, diminished with the position of our revered Bar Leader in his reaction to the case of NGANJIWA v FRN delivered by the Lagos Division of the Court of Appeal on December 11, 2017. In his considered view, the case of NGANJIWA v FRN, is an example of over reaction by the judiciary, and argued forcefully that the main premise on which the case was decided, with respect, is wrong. It is his hope that the Supreme Court will make the right adjustments, when called upon to do so in due course. Faultless: Nganjiwa’s Decision This is a sad commentary with the greatest respect, emanating from the weight and stature of our Past President. The view expressed by the very disciplined and learned Senior Advocate of Nigeria, is one that cannot be cheaply ignored having regard to his pedigree and position on matters of judicial corruption. However, I seek to differ with my Past President, that the decision handed down by the erudite jurist, Abimbola Osarugwe Obaseki- Adejumo, JCA and her brother Justices, Mohammed Lawal Garba and Yargata Byenchit Nimpar, JJCA, cannot be faulted having regard to the reasoning, as borne out from the given facts and peculiar circumstances of the case. The peculiar circumstance of this case, is that the Appellant is a serving judicial officer of the Nigerian Judiciary at the Federal level. The Judiciary in Nigeria, is an arm of government that shares sovereign powers with the other two arms of government, namely the Executive and the Legislature. The Appellant being a serving judicial officer, is primarily under the constitutional disciplinary powers of the National Judicial Council (NJC), a body specifically created under the Constitution with specified responsibilities, which include the discipline of Judges. The provisions of the Criminal Code Law of Lagos State, upon which the Appellant was arraigned, as well as the investigative and prosecutorial powers of the Respondent under the provisions of the EFCC Act, are all subject to the clear provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). It was Lord Denning who observed rightly in his book, What Next in the Law (1982) on page 318, that the Judges are the guardians of our Constitution here, just as they are in the United States. According to the Master of the Rolls, we are under a constitution, but the constitution is what the judges say it is and the judiciary is the safeguard of our liberty and our property under the constitution. The Court of Appeal (Per Obaseki-Adejumo, JCA) in the Nganjiwa’s case have said it, that by virtue of the provisions of Sections 153(1), 158(1), paragraph 21(b) of part 1 of the third schedule to the 1999 Constitution (as amended), the sole body with authority to exercise disciplinary control over judicial officers, is the NJC. This statement of the Court of Appeal, has been affirmed in a plethora of judicial authorities by the Supreme Court of Nigeria, including the case of ELELU-HABEEB & ANOR v ATTORNEY- GENERAL OF THE FEDERATION (2012) 13 NWLR (pt 1318) 423, where the incumbent Chief Justice of Nigeria, Onnoghen, JSC (as he then was), held that the exercise of the powers conferred upon the NJC under Section 153(1) of the Constitution, brooks no interference. In the instant case, the Appellant, presently a serving Judge of the Federal High Court, was charged before the High Court of Lagos State (Coram: Akintoye, J.) vide a Criminal Information of a 14 Count Charge, wherein he was alleged to have committed offences ranging from unlawful enrichment by a public officer to making false information. It is important to note that, these counts of offences as contained in the Criminal Information breaches the Appellant’s Oath of Office as contained in the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, published in February, 2016, as well as the National Judicial Policy of April, 2016. It is to be further noted that, violation of any Rules contained in these codes constitute judicial misconduct, and for which the NJC is the appropriate and sole body to investigate and exercise disciplinary control over such erring judicial officer. Breach of Due Process Where has the Court of Appeal gone wrong when it held, per Lawal Garba, JCA, that in the exercise of the powers vested in it by the EFCC Act, the EFCC has a mandatory legal duty and constitutional obligation, to comply with the provisions of the Constitution, because as a public institution and authority, it is bound by the Constitution. In the exercise of its powers in respect of

Justice Hyeladzira Ajiya Nganjiwa

serving judicial officers in Nigeria, the specific procedure provided for in the Constitution for the discipline of such officers cannot be ignored, but should be respected and complied with. As My Lord, Nimpar, JCA in her contribution to the leading judgement queried: The question one will then ask, is whether due process was followed in this case? Absolutely not. The Respondent, without first complaining to the NJC, the body primarily responsible for the discipline of judicial officers who breach their oath of office, proceeded to the Court, instituting criminal proceedings against the Appellant. It is a breach of due process, that the Respondent would avoid the NJC in the prosecution of acts which principally border on misconduct of a judicial officer perpetrated in the course of the Appellant’s duty as a judicial officer. This ought not to be. This is not to say that the Appellant or judicial officials are precluded from prosecution for offences committed. No! Judges do not enjoy immunity under our law. The point being made, is that the Respondent must first report any infractions to the NJC to carry out its constitutional and disciplinary control over the Appellant, to establish a case before criminal proceedings. These law enforcement agencies are not above the law, and therefore, must also comply with specific provisions of the Constitution. The aim is not to shield any judicial officer, but to ensure that there is a ground to proceed against such person, before their prosecution. This is also to ensure that, there is no abuse by these agencies. Role of Judges Having had both the advantage and privilege of reading the 35 page leading judgement of Obaseki-Adejumo, JCA, as well as the contributions of Lawal Garba and Nimpar, JJCA, I found it difficult to locate where the Court of Appeal in NGANJIWA v FRN went wrong. As a matter of fact, that is a decision that ought to be celebrated, because it is not only historical, but it equally demonstrates courage, creativity and forward looking philosophy about the law, if the judiciary will still remain the last hope of the common man. In his lecture titled Legal and Judicial Activism in an Emergent Democracy: The Last Hope for the Common Man delivered at the first Hon. Justice Chike Idigbe Memorial Lecture, delivered at the Oduduwa Hall, Obafemi Awolowo University, Ile-Ife on 8th January, 2004, on page 15, Justice Chukwudifu Akunne Oputa, observed that our judges should be motivated by a dynamic, progressive and forward looking philosophy of law. There has to be an enlightened approach, to the social and developmental engineering of law. What our judiciary urgently

“THE JUDICIARY OF THIS NATION, MUST INSIST THAT ALL ACTIONS OF GOVERNMENT OFFICIALS MUST BE JUSTIFIED IN LAW, AND NO GOVERNMENT AGENCY, NO MATTER HOW HIGHLY PLACED, IS ENTITLED TO DISREGARD THE RULE OF LAW AND THE CONSTITUTION”

needs is a new humanism and a well founded and growing concern for the civil rights and liberties of our people. Law should never be an end in itself, but merely a means to an end – a means and instrument for safe guarding our people from arbitrariness, and from oppressive and repressive actions by government and its functionaries or by powerful conglomerates. Our judges should mould and interprete our laws to produce justice. They should realise that the majestic generalities of our Constitution and the laws, have content and a significance which vary from age to age. By the decision of the Court of Appeal, Lagos Division in Nganjiwa’s case, it is made clearer that government and its agencies, in whatever hierarchy, must respect the principle of due process, the rule of law and the doctrine of separation of powers. In England, the Court of Appeal remains the focal point of English jurisprudence, as well as the mainspring of innovation and creativity. The Court of Appeal here in Nigeria, in the Nganjiwa case, has performed their appellate role in the development of the law, and that qualifies them to be jurists. It may be stated with respect, that being a judge, even an excellent judge, does not make a jurist. Excellence as a judge requires more, and the virtue required has traditionally been called wisdom. What seems to be involved, is the capacity to present a decision in a manner which makes it acceptable and legitimate to all concerned. The decision of the Court of Appeal in Nganjiwa’s case, is both acceptable and legitimate in the development and evolution of our law. Law is a living organism and its vitality dependent upon renewal. The occasion cried out in Nganjiwa’s case for the renewal of the proper role of a judge, particularly that of an appellate judge. In his own judicial philosophy, Lord Denning had this to say on page 174 of his book, The Family Story (1981) on the proper role of a judge: “My root belief is that the proper role of the judge, is to do justice between the parties before him. If there is any rule of law which impairs the doing of justice, then it is the province of the judge to do all that he legitimately can to avoid that rule – or even to change it – so as to do justice in the instant case before him. He need not wait for legislation to intervene, because that can never be of any help in the instant case. I would emphasise, however, the word ‘legitimately’: the judge is himself subject to the law and must abide by it”. Conclusion The Challenge of Justice (not the book in honour of B.M. Wifa, SAN made public on 01/02/2018 at the NBA House, Port Harcourt), is having an erudite, honest and independent judiciary in our democracy, a judiciary that is the hope of the hopeless, the help of the helpless, and a welcome hospice for the legally injured. The judiciary of this nation, must insist that all actions of government officials must be justified in law, and no government agency, no matter how highly placed, is entitled to disregard the rule of law and the Constitution. The Nigerian Constitution, which is the fountain of all our laws, is founded on the rule of law. The rule of law abhors the rule of men. A calm and intimate reading of Akinola Aguda’s books on The Crisis of Justice (1986) and The Judiciary in the Government of Nigeria (1983), as well as The Judicial Process and the Third Republic (1992), will reveal the danger ahead, very close ahead of the sword of damocles made to hang over the Judiciary by the other arms of government. We must build strong institutions and not strong men, if our democracy must survive the assault on the Rule of law. May I draw inspiration from the Lecture titled: “Assault on the Rule of Law: A Veritable Threat to Democracy” being the text of the First Annual Emeritus Professor David A. Ijalaye Lecture, delivered by Chief Wole Olanipekun, SAN on Monday, 27th day of February, 2006 at the Obafemi Awolowo University, Ile-Ife wherein he stated on pages 28-29 as follows: “The Constitution has also delineated responsibilities between all functionaries who are donees of its powers... each of these donees is also expected to respect the Constitution and not to desecrate its sacredness, because by doing so, they would be assaulting the Rule of Law and threatening our democracy”. We submit with respect, that no one would execute the judicial office upon the peril of being arraigned in Court by action or indictment, for everything done by a judicial officer in the course of his judicial functions. If such happens, no man but a beggar or a fool would be a Judge. The judicial pronouncements from the Apex Court, support the view that Nigeria is still governed by the rule of law and not the whims and arbitrariness of men, as shown recently by the House of Assembly Members in Abia State over the removal of the Chief Judge of that State. We believe strongly that, the Supreme Court will do what is proper in the Nganjiwa case when called upon to do so. Daketima Gabriel Kio, Legal Practitioner, Founding Partner, Lord Denning Chambers, Port Harcourt, Rivers State

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2/DASHBOARD

06.02.2018

Validity of Ex-Parte Application for Order of Attachment of Properties Pursuant to Section 80 of the ACJA PAGE 4

Ambode Commissions Special and Sexual Offences Courts in Lagos PAGE 5

NBA SLP Annual Conference Holds April 12 PAGE 5

Celebrating Hairat Aderinsola Balogun’s 55th Anniversary of her Call to the Bar PAGE 6

‘Every Lawyer Should Imbibe Integrity, Confidence and Fear of God’ PAGE 6

QUOTABLES ‘On the issue of appointments, yes, I felt a bit uncomfortable with the last appointment involving the NIA....that the heads of two other strategic security organisations come from Katsina, and this man is also from Katsina.... I believe those surrounding the President have mis-advised him on that.’ – Professor Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption

Wike Preaches Peace as EBF Adopts Candidates for NBA Elections PAGE 7

‘General Obasanjo is merely articulating what many of the friends of President Buhari ought to have been telling him. Unfortunately, many of those people are self seekers, self servers, and self opinionated people who are afraid to tell the President the truth....that looking at what is happening in the country today, Buhari is best advised not to have a second bite of the apple. That the best thing for him to do, is to tow a dignified exit from power, and let Nigeria decide its future.’ – Professor Akin Oyebode, Professor of International Law & Jurisprudence

The AttorneyGeneral of Abia State Should be Sacked PAGE 11

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

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Before Nigeria Becomes Police State

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R.I.P Dr. Alex Ekwueme efore I go into the topic of the day, it is only appropriate for me to pay tribute to the late Dr Alex Ifeanyichukwu Ekwueme GCON, the first elected Vice-President of the Federal Republic of Nigeria (1979-1983), who joined the saints triumphant on November 19, 2017, and was buried at his hometown, Oko, Anambra State on February 2, 2018. Procrastination, is really a bad thing. I remember quite vividly, on September 18, 2017, as I was heading out of the lobby of Transcorp Hilton, Abuja to go and interview the Minister of Power, Works and Housing, I saw Professor Fidelis Oditah, QC, SAN. I stopped to say hello, and he was in the company of Dr Ekwueme and his wife. We exchanged greetings and I was quite excited because I had never actually met Dr Ekwueme before. I told him that it would indeed, be an honour for me to interview him. He agreed, and said that Professor Oditah and I should liaise and set up the interview. It took me a couple of weeks to contact Prof to discuss, he said he would revert; by the next time Prof and I spoke, sadly Dr Ekwueme had taken ill and had been flown abroad for treatment. Regrettably, I never got my interview. Dr. Ekwueme was a highly intelligent and accomplished person, with several academic qualifications to his credit, including degrees in Architecture, City Planning, Urban Planning, Sociology, History, Philosophy and Law, unlike some of our politicians today, who lie about their academic qualifications and obtain their certificates from ‘Oluwole’. He was a rare gem. Nigeria needs more educated politicians and office holders like him. May his gentle soul rest in peace with the Lord. Amen. Fundamental Rights What seems to be happening to some of our constitutionally given fundamental rights these days? The last time I checked, Sections 38(1) & (2), 40 and 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), guaranteed our rights to freedom of thought, conscience, religion, expression, peaceful assembly and association, and movement. Specifically, Section 40 of the Constitution provides that “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests”.

President Muhammadu Buhari

Herdsmen whose rights to freedom of association and movement should have been curtailed, due to their murderous activities that are inimical to public safety, are still running around killing innocent people and causing mayhem, even after they have been declared to be a Terrorist Organisation by a Global Index; they have not been rounded up, proscribed, and their rights to freedom of association etc, withdrawn.

The late Dr. Alex Ekwueme

So, you can imagine how shocked I was to see the ‘Bring Back Our Girls’ (BBOG) Campaigners being surrounded by the Police, and subsequently hauled off to the Police Command in Abuja for questioning. Why? A peace loving group, who have never been associated with anything negative talk less of violence, and have done all they can to keep the matter of the kidnapped Chibok girls in world view, so that no one forgets and all hands are on deck to bring all the girls back home to their Parents? The intolerance was even worse when the “Ourmumudondo” group led by Charly Boy did their ‘Resume or Resign’ outing in Abuja last year. They were tear gassed, leading to the collapse of Charly Boy. What if Charly Boy had died as a result of the actions of the Police that day? The most interesting contravention of the freedom of right to movement, was the Police ban on Senator Kwankwaso from visiting his home State, Kano. How ridiculous! Section 45(1)(a) of the Constitution places a restriction on these rights to freedom in the interest of defence, public safety, public order, public morality or public health. So, while BBOG or Miyetti Allah or Senator Kwankwaso are guaranteed these rights, the rights can be restricted in order to protect the afore-mentioned interests. Pray tell, what dangerous thing were the BBOG people doing during their peaceful demonstration, that warranted their arrest? Or the Ourmumudondo group? Were they carrying weapons or stoning people on the road? Section 14(1)(a) of the Constitution makes the security and welfare of the people “the primary purpose of government”. Therefore, by virtue of Sections 14(1)(a) and 45(1)(a), the Fulani

Partiality It seems to me that, Government/ Police are extremely partial/skewed in how they make their choices as to what constitutes a danger to public safety. When the person or movement is perceived to be anti-Government, it automatically becomes an issue of public safety, while the ones like Herdsmen who have been seen to openly carry weapons and use them with gusto and aplomb, destroying crops and farms and killing innocent women and children all over the country, have been treated with little more than kid gloves! Hopefully, with the public outcry, this will change. Are there two sets of rules and laws for Nigerians, depending on which side of the divide you are? So what, if Senator Kwankwaso allegedly told his supporters to join PDP, while Kano is presently an APC State? Isn’t there freedom of association? I find it extremely amusing when the Police sometimes gives the reason for restricting some peoples’ fundamental rights - that it is for their own safety, for example, Sheik El Zakzaky still being kept in custody, despite being granted bail - protective custody indeed! So self serving! Even our right to freedom of expression. The other day, I was talking about the state of the nation with a friend of mine over the telephone. When we moved on to the Herdsmen issue, he started to panic, saying “Onikepo, walls have ears, don’t let us discuss this over the phone, we will talk when we see” and so on. The truth is this, you hear that type of reaction from people regularly these days. Is the expression of our discontent with how Government is handling an issue, now a crime? Democracy v Police State My question is, are we not in a democratic dispensation? Can I not say anything I like, as long as I am not inciting anyone to violence or other negative or criminal activities? Or is Nigeria becoming a Police State? Some of the elements of Democracy are personal freedoms, political freedoms,

Inspector General of Police, Ibrahim Idris

ONIKEPO BRAITHWAITE

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

“IT IS THEREFORE WORRISOME, WHEN GOVERNMENT/ POLICE REACT SO INAPPROPRIATELY TO SUCH CAUSES, BECAUSE WHEN A DEMOCRATIC GOVERNMENT BECOMES SOMEWHAT INTOLERANT OF CRITICISM, IT BORDERS ON BEING PARANOID, AS HYPERSENSITIVITY TO CRITICISM/ANGER AT BEING CRITICISED, ARE BOTH SYMPTOMS OF PARANOIA, A FORM OF MENTAL ILLNESS IN INDIVIDUALS” rule of law and common good, while some of the characteristics of a Police State are “bureaucracy, perpetual wars, surveillance, wide spread police presence”; a Police Force that serves the State as opposed to serving the citizens. When the Army announces that it will start to monitor social media, and the Police is always on hand to obstruct people who are lawfully ventilating their legitimate grievances, grievances that are seen as anti-government, one cannot deny that some of the characteristics of a Police State are certainly present (in a supposed Democracy). Paranoia It is bizarre and worrisome that Government’s reaction these days to criticism (through its various spokes people), even to constructive criticism, is to refer to them as ‘hate speech’! To be clear, hate speech is defined by Wikipedia as “speech which attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender”. People campaigning for the return of Chibok girls, is not an attack on anyone. It is a show of concern for the plight of our fellow human beings, and a legitimate demand. It is therefore worrisome, when Government/Police react so inappropriately to such causes, because when a democratic government becomes somewhat intolerant of criticism, it borders on being paranoid, as hypersensitivity to criticism/anger at being criticised, are both symptoms of paranoia, a form of mental illness in individuals.

4/LAW REPORT

06.02.2018

Validity of Ex-Parte Application for Order of Attachment of Properties Pursuant to Section 80 of the ACJA

T

He opined that having failed to avail himself every opportunity of being heard, the Appellant cannot be heard to complain of breach of his right to presumption of innocence.

Facts

he lower Court, based on the application of the Respondent, made an Order of Substituted Service and Warrant of Arrest against the Appellant. The Appellant consequently filed a Motion on Notice, wherein it prayed the Court to set aside the Orders made. The Appellant’s application was dismissed and the Appellant filed an appeal against the Ruling. Further to this, the Respondent filed a Motion Ex-parte to inter-alia, attach several properties belonging to the Appellant pursuant to Sections 80 and 81 of the Administration of Criminal Justice Act, 2015. This application was granted by the Court. Aggrieved by the aforesaid Order of Court, the Appellant filed an appeal to the Court of Appeal vide his Notice of Appeal dated 29th February, 2016. Issues for Determination: The issues adopted for consideration by the Court were: 1. Whether the Order attaching the Appellant’s properties was validly made. 2. Whether the Ex-parte Order attaching the Appellant’s properties was in breach of the Appellant’s constitutional rights. Arguments Arguing the first issue, learned Counsel for the Appellant stated that the Ex- parte application of the Respondent, upon which the properties were attached was brought pursuant to Sections 80 and 81 of the Administration of Criminal Justice Act, 2015 (ACJA); he however, contended that before any Summons can issue under Section 41 of the ACJA, there must be at least thirty (30) clear days after issuance of the Summons, upon the refusal of the suspect to respond. He observed that, the Affidavit of Service on record, did not indicate a date on which the purported service was effected; thereby making it difficult to compute the thirty day period. He argued that, no further step could be taken once the condition precedent was not complied with. ATOLAGBE v AWUNI (1997) 9 NWLR (PT. 522) 536. Counsel submitted that, upon an application to set aside the purported service of the Warrant and other processes, the trial Court delivered a Ruling which the Appellant had filed a Notice of Appeal against at the Registry of the lower Court. Hence, the lower Court has actual and constructive notice of the appeal. He observed that, at the time the Order of attachment of the Appellant’s properties was made, the powers exercisable by Section 80 of the ACJA had not crystallised. More so, where service is challenged as in the instant case, the jurisdiction of the Court is called into question, and the Court cannot proceed without satisfying itself that there was indeed proper service of the process(es). OKOYE v EBODAGHE (2000) 1 NWLR (PT. 640) 250. Submitting on the propriety of the Orders granted pursuant to an Ex-parte application against a party who has been represented by Counsel in Court, Counsel submitted that once parties have put up legal representation in a Court of law, all Orders to be made by the Court must be on Notice, especially Orders relating to the proprietary rights of a party. SABRU NIG. LTD. v JEZCO NIG. LTD (2000) 6 WRN 149 AT 168. On the issue whether the Order of attachment breached the provisions of the Constitution, the Appellant submitted that no Finite Order can be granted on the basis of an Ex-parte application, as shutting out the opposing party from being heard contravenes the provisions of Section 36 of the 1999 Constitution. He posited that whenever there is the need to file an Ex-parte application which will affect a party adversely, the said application ought to be accompanied by a Motion on Notice inviting the party to react to the Orders made or sought to be made. OBEYA MEMORIAL SPECIALIST HOSPITAL v ATTORNEY-GENERAL OF THE FEDERATION (1987) 3 NWLR (PT. 60) 325. It was argued for the Appellant that the provisions of Sections 41, 80 and 81(3) of the ACJA, which purport to give the State powers to sell properties even before a citizen is arraigned, tried and convicted, is contrary to the provisions of Section 36 of the 1999 Constitution on presumption of innocence. On his part, Counsel for the Respondent stated that a Warrant of Arrest was issued against the Appellant on 14th February, 2016, further to the evidence of service of the Summons and the Court thereafter, ordered the attachment of the Appellant’s properties pursuant to Sections 80 and 81 of the ACJA. He submitted that a

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Thursday, the 26th Day of October, 2017 Before Their Lordships Joseph Shagbaor Ikyegh Ugochukwu Anthony Ogakwu Abimbola Osarugue Obaseki-Adejumo Justices, Court of Appeal CA/L/240CA/2016 Between Government Ekpemupolo (Alias Tompolo)

.........Appellant

And Federal Republic of Nigeria ......Respondent (Lead Judgement delivered by Hon. Abimbola Osarugue Obaseki- Adejumo, JCA)

period of thirty days had lapsed between the time of service of the Warrant of Arrest, and the Order attaching the Appellant’s properties. Counsel argued further that, assuming the thirty day period had not lapsed, the Order would still be valid, as same was made against the Appellant for disobeying the Summons and Warrant served on him pursuant to Sections 123 and 124, and not in disobedience of a Public Summons under Section 41 of the ACJA. In relation to the issue of the Appellant filing an appeal against the Ruling of the Court before the Order of Attachment was made, Counsel clarified and distinguished between filing an appeal and entry of an appeal and the consequential effect of each. U.B.A. v TAAN (1993) 4 NWLR (PT. 287) 368 at 379. On the second issue, Counsel submitted that Sections 80 and 81 of the ACJA, allow the trial Court to order the attachment of the property of a suspect who is in disobedience of a Court Summons/Order. He argued that the foregoing Sections, are not in conflict with the provisions of Section 44 of the Constitution as subsection (2) of the Section which provides for circumstances where the right to property may be denied or restricted.

“...THE ORDER IS NOT MADE TO LAST IN PERPETUITY, BUT PENDING THE APPEARANCE OF THE SUSPECT IN COURT....THE ORDER IS PRESERVATORY IN NATURE, TO COMPEL LAWFUL ATTENDANCE OF THE SUSPECT IN COURT TO ANSWER AND DEFEND THE CHARGE AGAINST HIM, AND JUSTIFIABLE BY SECTION 44(2) (K) OF THE 1999 CONSTITUTION”

Court’s Judgement and Rationale In deciding the issues posed by Counsel, the Court construed the relevant provisions of the Act to wit: Sections 41, 80 and 81(1). Section 41 of the Act, empowers the Court to publish a Public Summons in writing requiring a suspect, who the Court has reason to believe has absconded after a Warrant of Arrest has been issued against him, to appear at a specific place and time not less than 30 days from the date of publishing the Public Summons. Section 80 of the Act, grants the trial Court the discretion to make an Order attaching the property belonging to a suspect who disregards the Summons or Warrants issued against him. The Section goes further to provide the two instances when such Order can be made – (1) after action has been taken under Section 41; and (2) upon an application made after Summons and Warrant has been issued but disobeyed. Thus, the Court can act in either of the circumstances, and it is only in the first instance that a period of thirty days must have lapsed before the Order of attachment can be validly made; such condition does not exist in the second instance. On the contention that the lower Court erroneously made the Order of Attachment when the Appellant had lodged an appeal against an earlier Ruling of the Court in the suit; it is beyond argument that filing an appeal is in law, distinguishable from entry of an appeal. While filing an appeal does not terminate the jurisdiction of the lower Court, upon entry of an appeal, a lower Court shall cease to have jurisdiction over any matter in respect of the suit, the subject of appeal. SHELL PET. DEV. CO. OF NIG. LTD. v AMADI & ORS (2011) LPELR-3204(SC) 38-39. Based on the authority of the Supreme Court above, the Order of Attachment granted by the trial Court after filing of an appeal to the Court of Appeal but before the appeal was entered, cannot be faulted, as there was no pending appeal in the real sense of entry of appeal, so as to preclude the lower Court from entertaining applications from the parties. Regarding the submission of Counsel for the Appellant that Section 81(3) of the ACJA empowers the State to sell the properties of a Nigerian Citizen even before he is arraigned, tried and convicted, contrary to the provisions of Section 36 of the 1999 Constitution, it must be noted that the question of constitutionality of the provision was not a live issue before the Court, as it did not arise from the facts of the instant suit. An appellate Court is duty bound to restrict itself to live questions, and not to speculate or entertain hypothetical questions. On the issue that the Ex-parte Order made by the lower Court contravened the provisions of Section 36(5) of the Constitution on presumption of innocence, it must be noted that the power conferred on the Court by Section 80 of the ACJA to make an Order of Attachment at any time after action has been taken under Section 41 or an application made in that regard after Summons or Warrants has been issued but disobeyed, is a special power. There is no prescription of a particular mode, in which the application must be made upon fulfilment of the condition that the Summons or Warrants had been disobeyed. The Order herein, is not invalidated merely on the ground that the party affected is not afforded a hearing. More so, the Order is not made to last in perpetuity, but pending the appearance of the suspect in Court. The Order neither violates the Appellant’s rights to fair hearing nor displaces the presumption of innocence held in his favour. The Order is preservatory in nature, to compel lawful attendance of the suspect in Court to answer and defend the Charge against him, and justifiable by Section 44(2)(k) of the 1999 Constitution. Appeal Dismissed. Representation: Ikhide Ehiahelua for the Appellant. T.N. Anata with Ehis Okoebor for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

06.02.2018

NEWS/5

NBA SLP Annual Conference Holds April 12 The Section on Legal Practice of the Nigerian Bar Association (SLP NBA), will hold its 2018 Annual Conference from April 12 to 13, 2018. Mrs. Mia Essien, SAN l, is the Chairperson of the Section. According to a statement issued by Aare Isiaka Abiola Olagunju, NBA General Secretary, the conference with the theme: “Re-Thinking and ReTooling Legal Practice for the Challenges of Our Time”, will

L-R: Lagos State Chief Judge, Hon. Justice Opeyemi Oke, wife of the Vice President, Mrs. Dolapo Osinbajo, Lagos State First Lady, Mrs. Bolanle Ambode, Lagos State Deputy Governor, Dr. Idiat Adebule and EFCC Acting Chairman, Mr. Ibrahim Magu during the commissiong of the Special Courts in Ikeja, last Thursday

Ambode Commissions Special and Sexual Offences Courts in Lagos Stories by Akinwale Akintunde Lagos State Governor, Mr. Akinwunmi Ambode, has commissioned four special courts to solely try corruption, economic crimes and sexual offences. Speaking at the commissioning ceremony, which held at Rosaline Omotoso High Court Complex, Ikeja last Thursday, Ambode charged Judges to dispense justice fairly and speedily. Represented at the event by his deputy, Dr. Idiat Adebule, the Governor described corruption as "a major challenge to the sustainable development in the State," which must be fiercely combatted. He stressed that Lagos had keyed into the Federal Government's drive to root out corruption, promising that the State will assist in the expeditious prosecution of corruption cases. The Governor believes that the creation of the special courts, will assist in expeditious prosecution of economic and financial crimes, and ensure that justice is attained by bringing offenders to justice without delay. He said it is proper to

classify Lagos, over 20 million population, as one of the most populous cities of the world, and indeed, the economic and financial capital of Nigeria and by extension, of West Africa. He said this was why the courts are being designated special courts, to focus primarily on effective prosecution of these cases. "These courts are an indication of our commitment at making Lagos uncomfortable for perpetrators of such offences and our judiciary, that has always led the vanguard at combatting crimes in its own way, is resolved to discouraged same", Ambode added. Earlier in her welcome address, Lagos State Chief Judge, Justice Opeyemi Oke said the setting up the special courts was in obedience to the directive given last year by the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, for all heads of courts in the country to create special courts for the speedy trial of corruption cases. Justice Oke said that there were no fewer than 500 financial crimes and 600 sexual offences currently pending before the Lagos State High Court, most of which had now been transferred to the special

courts for expeditious hearing. The Chief Judge said the judiciary shared in the concern of President Muhammadu Buhari, that most of the corruption cases filed under his administration had at best, moved at snail's pace. "We, in Lagos State and the Lagos State Judiciary, in particular, have taken the bull by the horns and implemented the Honourable CJN's directive, by designating four courts as Special Offences Courts to hear corruption and financial crime cases. "We believe strongly that the special courts shall fasttrack the trial of these types of cases, and encourage the EFCC and other relevant bodies like the ICPC, to expedite the investigation and prosecution of such cases. "Presently, there are over 500 cases of financial crime pending before the High Court, the bulk of which have now been assigned to the Special Offences Courts", she said. Justice Oke described sexual harassment and violence as serious threats, a grave danger to women and children all over the world, and a crime that has become

an epidemic. In her remarks, the wife of the Vice President, Mrs. Dolapo Osinbajo, said the courts will make access to justice easier and faster for our people. Mrs. Osinbajo decried the rising cases of rape and domestic violence, and commended Lagos Chief Judge for the creation of special court to try the perpetrators. "The statistics quoted by the Chief Justice of Lagos is very frightening, it only speaks of half of the true picture. "Behind the figures are the faces of the affected women and girls, as well as the men and boys", Osinbajo said. Present at the commissioning were Lagos State First Lady, Mrs. Bolanle Ambode, acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu, Presiding Justice of the Court of Appeal, Lagos Division, Justice M.I. Garba, who represented the President of the Court of Appeal, Justice Zainab Bulkachukwa, Lagos State Solicitor General, Mrs. Funmilola Odunlami, who represented the State’s Attorney-General, Mr. Adeniji Kazeem.

Lagos Launches Electronic Real Estate Litigation System Lagos State Government, has scored another first, as its Ministry of Justice launched an electronic real estate litigation system, to reduce litigation in properties and ease the process of doing business in the sector. Speaking at the launch of the system last Tuesday at the conference room of the Ministry of Justice, Alausa, Ikeja Secretariat, the State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, said the system was designed in line with the administration’s drive to promote information technology in the State.

According to Kazeem, who was represented at the launch by Lagos State Solicitor-General and Permanent Secretary of the Ministry of Justice, Mrs. Funlola Odunlami, the system will provide easy access to information, to anyone who intends to deal in real estate with information primarily on whether the property is subject of litigation in a court. He said the system offers end-users the platform for filing a Lis Pendens entry which may be uploaded on the Lis Pendens Online System, thus, giving actual and constructive notice to the public and innocent

purchasers. “Since its inception, the Governor Akinwunmi Ambode administration, has remained committed to ensuring the safety of lives and interest in properties within Lagos State. “It may be recalled that at the inception of this administration, my office promised to encourage the use of technology to give access to an effective and efficient justice system, and in keying into the bigger picture of the technologically driven mega Lagos plan, has designed this project. “Any economically vibrant

city possesses at least three fundamental capitals for its sustenance and growth; they are Financial Capital, Human Capital, and Real Estate or Immovable Capital. The third form of capital, is why we are all gathered here today. “The world we know today, is at the click of a button technology driven, and the Lagos State Government is certainly in trend with the times, we have been working endlessly to ensure that Lagos is not left in the dark ages. This is CONTINUED ON PAGE 7

take place at Port Harcourt, Rivers State. “The Conference will not only give Lawyers the opportunity to discuss continuing professional development issues, but also discuss a broad range of topics covering disciplinary issues, problems impeding Lawyers’ fee earning capabilities, election matters, effective prosecution of white collar and economic crimes etc.”, Olagunju stated.

Lawyer Sues FG, Others over Use of Military to Enforce Law, Order in Nigeria A Lagos-based Lawyer and Human Rights Activist, Chief Malcom Omirhobo, has filed a fundamental human rights suit at a Federal High Court in Abuja, challenging the use and the support of the use of the Nigerian Military by the Federal Government, in the enforcement and maintenance of law and order in Nigeria, instead of the Nigeria Police Force. The suit brought pursuant to Order 1 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Sections 33, 34, 35, 37, 39, 40, 41, 42 And 46(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), was filed on behalf of the indigenous peoples within the Federal Republic of Nigeria, amongst whom are The Indigenous Peoples of Igbo, The Indigenous Peoples of Mbembe, The Indigenous Peoples of Abayon, The Indigenous Peoples of Abua (Odual), The Indigenous Peoples of Adim. Joined as Respondents in the suit include, President Muhammadu Buhari, the Attorney-General of the Federation, the National Assembly, The Senate President, Speaker of the House of Assembly, the Inspector General of Police, Chief of Army Staff, the 36 State Governors and State Assemblies. In the suit, Omirhobo is

asking the court to declare that the current Military intervention, aggression and occupation of the South-East, South-South Zones and the Niger Delta Region of the Federal Republic of Nigeria in oppression, suppression and repression of the indigenous peoples and the public therein agitating for their self-determination in usurpation of the primary and statutory functions of the Nigerian Police Force, is exploitative, oppressive and a violation of the fundamental rights to life, dignity of human person and freedom from discrimination of the indigenous peoples within Nigeria and the Nigerian Public and therefore, illegal, unlawful, undemocratic and unconstitutional. The Applicant is also praying the court to declare that the proscription of the Indigenous People of Biafra (IPOB) as a Terrorist Group by the Federal Government, is a gross distortion and misrepresentation of IPOB’s agitation for the self-determination of the indigenous peoples of South-East Nigeria and therefore, illegal, unlawful, undemocratic and unconstitutional. In an affidavit deposed to by the Applicant, he averred that he was worried and CONTINUED ON PAGE 10

NJC Declares Abia CJ’s Suspension Illegal, Suspends Acting CJ The National Judicial Council (NJC), has declared the suspension of Abia State Chief Judge, Hon. Justice T. U. Uzokwe by the State Assembly, as unconstitutional. NJC under the Chairmanship of the Chief Justice of Nigeria, Hon. Justice Walter Samuel Onnoghen, also declared the swearing-in of Justice Obisike Orji in an acting capacity by Governor Okezie Ikpeazu without the input of the Council, as unconstitutional, null and void. A statement signed by NJC’s Director of Information, Mr. Soji Oye, said the Council made a declaration at its Emergency Meeting,

which held last week. The Abia State House of Assembly had on January 26, 2018 suspended Justice Uzokwe over allegations of acts of tyranny, infamy, gross misconduct and incompetence, following a public petition by brought before the House by a civil society organisation, Global Centre for Peace and Justice. Governor Ikpeazu however, appointed Justice Obisike Orji as the acting Chief Judge of the State, barely three hours after Uzokwe was suspended. The NJC also directed the third most senior Judge in CONTINUED ON PAGE 7

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06.02.2018

Celebrating Hairat Aderinsola Balogun’s 55th Anniversary of her Call to the Bar Mrs. Hairat Aderinsola Balogun (nee Alatishe), is an Officer of the Order of the Niger, Barrister-at-Law of the Honourable Society of Lincoln’s Inn, Life Bencher, Nigeria, and Member of the Chartered Institute of Arbitrators. Monday, 5th February, 2018 marked the first of three significant dates this year that launched a 55-year career of distinguished and meritorious legal practice defending and promoting the rights of her Clients, her State, her Profession, her Country, and her Continent. February 5th, 1963 July 13th, 1963 July 15th, 1963 - Call to the Bar at Lincoln’s Inn, UK Call to the Nigerian Bar - Commencement of Legal Practice Mrs Hairat Balogun has recorded many FIRSTS in her career. r 'JSTU GFNBMF "UUPSOFZ (FOFSBM PG -BHPT State r 'JSTU GFNBMF -JGF #FODIFS r 'JSTU GFNBMF $IBJSNBO PG UIF #PEZ PG Benchers, r 'JSTU GFNBMF .FNCFS PG UIF $PVODJM PG the International Bar Association, She served her continent, spending two years as the OAU Observer to the Lockerbie trials in the Scottish Court at Camp Zeist, Netherlands and the Scottish Courts in Edinburgh. She served her country as a member of “The Transition to Civil Rule Tribunalâ€? in 1987 by the then Military (PWFSONFOU BOE MBUFS BT B QJPOFFS TUBGG PG the Anti-corruption Commission. She served IFS 4UBUF BT UIF Ă STU "UUPSOFZ (FOFSBM UP exhibit obedience by the Executive to the rule of law and court orders, as shown in UIF DBTF PG 0KVLXV W "( -BHPT 4UBUF 4IF TFSWFE IFS 1SPGFTTJPO BT (FOFSBM 4FDSFUBSZ of the Nigerian Bar Association, and Council Member of the International Bar Association. She served her Society as a former President of Rotary Club of Lagos, and member of humanitarian and social organisations, such

Mrs Hairat Aderinsola Balogun OON

Receiving the OďŹƒcer of the Order of the Niger from President Yar’Adua

5th from the front, in procession as a Life Bencher, on the occasion of the Call to Bar Ceremony in Abuja

as Soroptimist International. As a legal practitioner in private practice, Mrs Balogun has inspired many men and women through personal example of successfully using judicial means to take on the establishment to protect her own rights,

and the rights of those without a voice. She also embodies the decorum required in the legal profession, and the saying that “you do not need a title to be a leader�. From the lowest to the highest ranks of the profession and the judiciary, she is fondly

acknowledged as a fair, yet uncompromising arbiter for legal etiquette, dignity and decorum, the observation of which she will enforce. Mrs Hairat Balogun has published two books; a national research book entitled ‘Women in the Law’ in 2009 documenting the motivations, experiences, and challenges of Women Lawyers in Nigeria; and her Law Memoirs, ‘To Serve in Truth and Justice’ in 2011 documenting her introduction to the profession, and sharing details and lessons from her half-century in practice

Legal Personality of the Week Benedict Oregbemhe

‘Every Lawyer Should Imbibe Integrity, ConďŹ dence and Fear of God’ I am Benedict Oregbemhe. I am a Senior Associate in the Dispute Resolution Department of the law firm of S. P. A. Ajibade & Co. Lagos. I graduated from the University of Benin in 2006 with a Second Class (Upper Division) and a Second Class (Upper Division) from the Nigerian Law School in 2007. I have a Master’s Degree (LL.M) from the University of Lagos. I have considerable experience in Commercial and Corporate Litigation, Arbitration and other methods of alternative dispute resolution mechanisms. I have also appeared in various International Arbitration Institutions. My areas of practice ranges from appearing at the different levels of courts including the Supreme Court, to applying to bodies like the CBN and SEC for permits and licences for clients in the financial sector, to the establishment of Joint Ventures and Charitable Trusts, among several other aspects of legal practice. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Finance. A lawyer needs money to rent office space, buy law reports, books, etc. What was your worst day as a Lawyer? The day an elderly witness denied me in court. I was to lead the witness to adopt her written statement on oath in a land matter, and when she got into the witness box, I asked the witness through the interpreter, to tell the court her name. I was surprised that the Lawyers in court, including the Judge, were laughing but did not understand the reason they were laughing. I kept asking the interpreter

Benedict Oregbemhe

to interprete to the witness my question, until the Judge told me that the witness said she did not know me. Upon being told that the witness denied knowing me, I politely asked the court for a stand down for a conference with the witness. The witness later told the court that she denied me, because I refused to learn “Igbo� language. However, whenever I appeared before the judge, she would say “Mr. Oregbemhe, I hope your witness knows you this time�. What was your most memorable experience as a Lawyer? When I appeared on behalf of a client pursuant to a notice of intention to support

a winding up petition at the Federal High Court, Lagos. Immediately after announcing appearance, the Petitioner informed the court that it had settled with the Respondent and that the Terms of Settlement had been filed. The Petitioner’s Counsel applied to adopt the Terms of Settlement as the consent judgement in the winding up proceedings. The court sought to know if the parties appearing in support of the winding up petition, were opposing the application and each said “no opposition.� Nobody prepared for this surprise, and my response was instantaneous and on the spur of the moment. I decided to oppose the Terms of Settlement being adopted as consent judgement to the surprise of the court and counsel in court. The court seemed to disagree with me initially, but upon insistence, allowed me to address it on why the Terms of Settlement should not be adopted as consent judgement. After my submissions, the court delivered a bench ruling in my favour, and ruled that the Terms of Settlement be put on hold. When I forced an out of court settlement of a case through my cross-examination of the principal witness. During cross- examination, the case of the Plaintiff was completely destroyed, that the Plaintiff’s Counsel sought an out of court settlement. In fact, the Judge sought to know my year of call. In fact, the SAN on the other side offered to employ me, but I declined.

of the people. Why did you become a Lawyer? I became a Lawyer in order to get an opportunity to help people resolve conflicts, to be challenged mentally and intellectually, to manage people, to defend people’s rights against violation, for global influence, quest for knowledge, hallmark of prestige, and for flexibility in the work environment. What would be your advice to anyone wanting a career in Law? I would advice every young Lawyer to be focused. A lawyer must be mentally and intellectually ready. Every lawyer should imbibe JOUFHSJUZ DPOà EFODF GFBS PG (PE USVTUXPSUIJOFTT and be professional. If you had not become a Lawyer, what career would you have chosen? I would have chosen Medicine, because of my love for humanity.

Where do you see yourself in ten years? I am driven to be the best at what I do. So, in 10 years, I would have developed my legal skills, knowledge, and taken on interesting cases and projects. I would have worked with the best legal minds in the Nigerian legal profession, in terms of handling of civil and criminal cases and transactions. I would have become a great force to be reckoned with in the legal profession, both as Who has been the most inuential prolific legal writer and advocate. I would have contributed to legal reforms and enlightenment person in your life? 5IF MBUF $IJFG (BOJ 'BXFIJONJ 4"/ )F campaigns on the rights of citizens and the was intelligent, confident, bold, and a man duties and responsibilities of the government.

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Wike Preaches Peace as EBF Adopts Candidates for NBA Elections Governor of Rivers State, Ezenwo Nyesom Wike at the weekend urged members of the Eastern Bar Forum (EBF) of the Nigerian Bar Association (NBA), to remain united in order to achieve their objectives and meaningful development for the South East and South South geo-political zones. Governor Wike stated this while declaring open the quarterly meeting of the EBF in Port Harcourt Rivers State. He said: “ Unity in the EBF is very necessary, from what I have seen in this country, you have no option but to remain united. Even if you are cheated, remain united, because unity is key for you to achieve whatever you want to achieve. Please, whatever you are doing, speak with one voice, whatever it takes, take decisions that will help you, though it may not be comfortable for everybody. “They speak of colony, well I don’t know what that means, I have not seen it before, we have a lot of environmental problems here, we have pollution, we have no grass here, so if the cow drinks our water, they will die. We have Atlantic Ocean here, if they like they can lay pipes and take the water to wherever they like, but for colony, no I don’t know what it is. They say that if you speak, you die, if you don’t speak you die, so why not speak and die after all those who don’t speak die early� Wike stated. The meeting endorsed candidates for the forthcoming NBA elections. They endorsed candidates include: Chief Arthur Obi Okafor, SAN for the position of NBA President, Stanley Chidi Imo, for First Vice-President, Sebastine Anya for Welfare Secretary, Uju Mary Chukwuma-Okafor for Treasurer, Emeka Anosike Financial Secretary and Mr. Seth Nwokolo for the office of Assistant Publicity Secretary.

L-R: Secretary BED Mr. Paul Ubom, Chief Arthur Elvis Chukwu, His Excellency, Governor Nyesom Wike of Rivers State, Justice Iheanyichukwu Worji representing Rivers State CJ, Justice Adanma Iyayi-Lamikaran, and Honourable Attorney-General and Commissioner of Justice, Rivers State, Mr Emmanuel Chinwenwo Aguma, SAN

The candidates emerged after the screening exercise conducted by the Forum’s Screening Committee, comprising of all the members of the Governing Council of the Association, Branch Chairmen and Secretaries of all EBF branches, all Senior Advocates of Nigeria from the EBF States, all National Officers of the NBA from the EBF zone, in compliance with Article 11 of its Constitution. This was subsequently approved by the General Meeting of the EBF. The screening exercise was witnessed

by the First-Vice President of the NBA, Mr. Caleb Dajan, Third Vice-President of the NBA, Mr. Ben Oji, Welfare Secretary of the NBA, Mr. Adesina Adegbite, Vicechairman of Arewa Lawyers Forum Mr. Garba Pwul (SAN) who led a team of Arewa Lawyers to the event, representing the Chairman of Arewa Lawyers Forum Mr. M.A. Abubakar who is now the Governor of Bauchi State, Secretary of South West Lawyers, Egbe- Aomfin Mr. Ranti Ajeleti who led a very strong delegation from the South West Lawyers to the event,

and a delegation of the Mid-West Bar Forum led by its publicity Secretary, Mr. Alex I. Obade. National officers of the NBA of EBF extraction present at the event include: The Second Vice-President of the NBA, Mr. Monday Onyekachi Ubani, First Assistant Secretary Mr. Leo Okey Ohagba, Financial Secretary, Mrs Ngozi Udodi, National Publicity Secretary, John Austin Unachukwu, Second Assistant Secretary, Ms Cecilia Ugbuji and Assistant Financial Secretary, Mrs Dorcas Ngwu.

LAGOS LAUNCHES ELECTRONIC REAL ESTATE LITIGATION SYSTEMCONTINUED FROM PAGE 5 why several initiatives and steps, are being taken to make Lagos State as technologically driven as possible. “The system will offer end-users the platform for “filing a ’Lis-Pendens’ entry which may be uploaded on the ‘Lis-Pendens online system, thus, giving actual and constructive notice to the public and innocent purchasers�, he stated. Kazeem described the real estate sector, as one which records a very large turnover within the economy of the State. He said with the vision of becoming the largest economy in Africa, it is expected that the level of economic and commercial

activities in Lagos State would experience an unprecedented level, height and pace. The AG said other services the electronic real estate litigation system would include are “provide a comprehensive database of real estate/property in Lagos which is subject of litigation, provide information on pending cases in court, notify the public of real estate and property which are the subject of pending litigation, curtail risk associated with property transactions, reduce litigation on real estate as the public can now easily confirm if a property is the subject of a pending litigation, enhance due diligence in property transactions, ensure

the public and professional bodies are able to conduct an efficient search of real estate and property, among other services. Justice Olaide Olayinka who represented the State Chief Judge, Justice Opeyemi Oke at the event, described the system as a wonderful initiative which would have positive impact on the administration of justice. “It is exactly what is required in Lagos State. There are so many cases on property in court, with many not knowing that the property is a matter pending in court�. She said the system would curtail risk in property business, and make due diligence

NJC DECLARES ABIA CJ’S SUSPENSION ILLEGAL, SUSPENDS ACTING CJ the judiciary of the State, to step in as the Acting Chief Judge pending the conclusion of investigations of allegations of acts of misconduct levelled against Justices Uzokwe and Orji. According to the Council, the suspension of the Justice Uzokwe by the State House of Assembly without a prior recommendation by the National Judicial Council, violates the provisions of the Constitution of the Federal Republic of Nigeria. NJC noted that its attention was drawn to the crisis in the Abia State Judiciary, by petitions written against Justice Uzokwe and the one written by the Chief Judge against Justice C. U. Okoroafor, but in the course of the investigation by the Committees set up by Council, some elderly Judicial Officers of Abia State Judiciary waded in and pleaded with the Committees to allow the matter to be resolved amicably by them, which was granted by Council at its plenary. “At the last Meeting of Council which

was held on 6th December, 2017, Council directed the Committees to continue and conclude with the petitions before them, if there were no reports of the settlement by the peace makers. While this was going on, the problem escalated, and the Council was informed of the suspension of Hon. Justice Uzokwe and the swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge. “In view of the foregoing, the Council resolved as follows: r 5IF TVTQFOTJPO PG UIF $IJFG +VEHF of Abia State by the State House of Assembly without a prior recommendation by the National Judicial Council, violates the provisions of the Constitution of the Federal Republic of Nigeria. r $POTFRVFOUMZ UIF TVCTFRVFOU BDU PG appointing and swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is invalid for being unconstitutional. r 'VSUIFSNPSF UIF DPOEVDU PG )PO Mr. Justice Obisike Orji in presenting

easy to observe. Mr. Emmanuel Akinde who represented the Permanent Secretary, Lands and Registry, advised that the new initiative be backed by law to give it more effect, just as searches on properties is backed by the Lagos Registration of Titles Law 2015. He noted that before now, searches were only limited to finding out if land is under government acquisition or not. The Surveyor-General, Mr. Olutomi Sangowawa, advised that the system should be on-line real time, so that investors can know if there are encumbrances when transacting businesses on properties.

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himself to be sworn-in raises potential questions of misconduct that Council is now looking into. r $PVODJM UIFSFGPSF SFTPMWFE UP RVFSZ and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigation. r *O WJFX PG UIF SFDFOU FTDBMBUJPO Council, in the interest of the smooth administration of justice in Abia State, resolved to direct the Chief Judge, Hon. Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its Panels. r *O UIF QSFWBJMJOH DJSDVNTUBODF XIFSFCZ the National Judicial Council has directed the Chief Judge not to perform her duties, and the next most senior Judge is suspended, the Governor of Abia State shall appoint Hon. Mr. Justice Onuoha Arisa Kalu Ogwe, the next most senior Judge to act as the Chief Judge of Abia State, pending Council’s final resolution

of the matter" NJC stated. Reacting to NJC’s decision on the Abia Judiciary crisis, Ms Carol Ajie, Constitutional Lawyer and counsel to Justice Uzokwe, reiterated the dictum of the Supreme Court in Chief Judge RALIAT ELELU-HABEEB v ATTORNEYGENERAL OF KWARA STATE (2012) 13 NWLR Part 1318 page 423, that NJC is the only institution thus far, recognised by law with the exclusive authority to exercise disciplinary control over Chief Judges and other judicial officers, and not the Governor or State House of Assembly by the combined reading of sections 6(2), 292(1a) and paragraph 21(c ) (d) (f) Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999, as amended. While expressing gratitude to the NJC for upholding the law, Ajie enthused that those such as the executive and legislative arms of government, have no power to suspend, sack or remove Judges.

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NJC: Abia CJ’s Removal is Unconstitutional In what can best be described as ‘executive impunity’, the Abia State Governor, Okezie Victor Ikpeazu with the tacit connivance of the Abia State House of Assembly, caused the suspension and removal of the Abia State Chief Judge, Honourable Justice Theresa U. Uzokwe, and the swearing in of Honourable Justice Obisike Orji, as the Acting Chief Judge of the State. The suspension the Chief Judge and her removal from office, combined with the ‘hush-hush’ swearing in of a new ‘Acting’ Chief Judge by the State Governor, has elicited an outcry from the legal community. Although the National Judicial Council has since waded into the messy state of affairs in the Abia State Judiciary, Joseph Otteh and Richmond Idaeho, question the legality and constitutionality of the actions of the Abia Governor and House of Assembly, to remove a sitting Chief Judge and swear in another, even though in an acting capacity, without recourse to the NJC, as required by the Constitution

Suspension of Abia CJ: Unconstitutional and Grievous Assault on Judicial Independence

O Background

n Friday, the 26th of January, 2018, the Abia House of Assembly purportedly suspended the Chief Judge of the State, Hon. Justice Theresa Uzokwe from office, for alleged acts of “tyranny and gross misconduct” and, by a resolution, asked the Governor to appoint an acting Chief Judge for the State. The Abia House of Assembly thereafter, constituted an eight- member Committee, headed by Thomas Nkoro, to investigate the allegations against the Chief Judge, and submit its findings within a seven day period. The House of Assembly, acted pursuant to a petition written against Justice Uzokwe by two officials of the Global Centre for Peace and Justice. The petition raised a considerable number of serious allegations against Justice Uzokwe; among others, it alleged that Justice Uzokwe constantly denigrated fellow judges, abused her powers as Chief Judge, engaged in uncivil, degrading and belligerent public behaviour, was confrontational and insolent to the Governor, and possessed very poor adjudicatory skills given, evidenced by how her judgement was heavily berated by the Court of Appeal in a particular case. It further alleged that she was mentally unstable, and had committed financial malpractices and denied the State Judiciary of needed funds for its operations. The So-called “Suspension” of Justice Uzokwe Notwithstanding the gravity of the allegations against the Chief Judge, the actions of the State Legislature were, speaking in terms of the Constitution, out of their reach. The “suspension” of Hon. Justice Uzokwe, as well as the purported appointment of Hon. Justice Obisike Orji as acting Chief Judge of the State, interfered with the autonomy and independence of the Judicial branch of government. Nigeria’s Constitution makes the Judiciary, to a large extent, a self- governing institution, un-beholden to executive or legislative branches of

government. The purported “suspension of the Chief Judge of Abia State, therefore, was an invidious invasion of the territory of another. First, the legislature of Abia State, has no powers to suspend the Chief Judge or any Judge of the Abia State Judiciary. A suspension has the effect of interfering with the exercise of powers of an incumbent, in this case, the Chief Judge. While the legislature may investigate allegations concerning the conduct of the Chief Judge, or the management of the affairs of the Judiciary or administration of justice in the exercise of its legislative oversight functions, it cannot, by resolution, order any action that interferes with the Chief Judge’s ability to oversee the affairs of the Judiciary without the involvement of the National Judicial Council (“NJC”). The NJC is the “clearing house”, as it were, of all complaints against superior court Judges/Justices, including Chief Judges, and even where the executive wishes to exercise its powers under section 292 (1)(ii) of the Constitution to remove a delinquent Chief Judge, it must first pass through the NJC - JUSTICE ELELU-HABEEB & ANOR v THE HON. ATTORNEYGENERAL OF THE FEDERATION & ORS. Therefore, the Executive and Legislative branches of government in Abia State overreached their powers, as well as usurped the role and jurisdiction of the NJC in “suspending” Chief Judge Uzokwe from office. Second, neither the legislature nor the Executive Governor, can appoint an acting Chief Judge unless the incumbent of that office is unable to perform the functions of the position. A forced “suspension” from office will not, it clearly appears, represent a valid parameter for indicating that an incumbent is absent from office, for the purposes of giving the Governor the power to appoint the next most senior Judge to act as Chief Judge. Precedents Hark Back to a Turbulent Era This is not the first time State Governments have sought to overthrow the leadership of a State Judiciary; we saw these attempts in the first decade of the 21st century. In 2006 for example,

How Abia Compromised Judicial Independence in Removing CJ

E Introduction

very successful democracy and institution must be founded on a working Constitution, which must regulate the legal system of the society and necessarily be the supreme law of the Land. The Nigerian society operates a written Constitutional system which is its grundnorm, and all other laws are premised on the Constitution, and as such, must never be inconsistent with the provisions of the Constitution. It is therefore, on this basis of constitutional supremacy that the principles of separation of powers are grounded. To this end, the various organs of government enjoy a level of independence to such extent that no organ interferes with the powers of the other. The independence of the judiciary as a third organ of government, cannot, therefore, be over-emphasised. Hon. Justice Obisike Orji being sworn in as Acting Chief Judge by Abia State Governor Okezie Ikpeazu bearly three hours after the Chief Judge, Hon. Justice Theresa Uzokwe was suspended

the Ekiti State House of Assembly “suspended” the (then) Chief Judge of Ekiti State, Hon. Justice Bamisile and appointed Justice Jide Aladejana as Acting Chief Judge, following attempts to impeach Governor Ayo Fayose. At that time, the NJC wrote to acting Chief Judge Aladejana advising against accepting the appointment. In a letter to Hon. Justice Aladejana following the acting appointment, Hon. Justice Belgore, then Chairman of the NJC and Chief Justice of Nigeria, stated unambiguously that: “... the perceived imminent constitutional crises in the State mentioned in your letter notwithstanding, the procedure and circumstances under which you have been appointed are contrary to the aforesaid provision of the 1999 Constitution on appointment of an Acting Chief Judge”. “Hence, any action by you in your capacity as the Acting Chief Judge will be unconstitutional”. But Hon. Justice Aladejana rebuffed the entreaties. He was subsequently, suspended by the NJC for several years. In November, 2006 as well, Governor Dariye of Plateau State, purportedly removed the acting Chief Judge of Plateau State, Justice Lazarus Dakyen, and, in his place, appointed Justice Ya’u Dakwang as acting Chief Judge. The

NJC held the replacement was illegal, and suspended and subsequently sacked Justice Dakwang, for accepting the politically-motivated appointment. Justice Obisike Orji’s Untenable Acceptance of Office We turn our attention, to the poisoned chalice given to Hon. Justice Obisike Orji. Justice Orji’s acceptance of the office of acting Chief Judge, we think, respectfully, was imprudent and wrong in the circumstances in which it was offered, given that the substantive holder of that office, was not lawfully removed. Justice Orji’s conduct in this respect does not promote the cause of judicial independence, notwithstanding any issues that may have arisen with the performance of the substantive Chief Judge, and whatever may have been his personal predilections over the leadership of the State’s Judi-

“FIRST, THE LEGISLATURE OF ABIA STATE HAS NO POWERS TO SUSPEND THE CHIEF JUDGE OR ANY JUDGE OF THE ABIA STATE JUDICIARY”

ciary. Judicial officers ought to remain at the forefront in defending judicial independence, and remain bulwarks of resistance to efforts by anybody to undermine that autonomy. The Response of the National Judicial Council As this development was being analysed, the NJC weighed in, declaring the suspension of Hon. Justice Uzokwe illegal, as well as suspending Justice Orji and querying him for accepting the acting appointment. The NJC also said that it was, “in the interest of the smooth administration of justice in Abia State, resolved to direct the Chief Judge, Hon. Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its Panels”. The NJC further recommended that the next most senior Judge, after Justice Orji, be sworn in as acting Chief Judge. The NJC did well to be on its front foot on this matter, and to rebuff the contumacious affront of the Abia State Government to the Judiciary, thereby continuing its legacy, in this respect, of defending its territory jealously. Yet, for all its zealous defence, the NJC CONTINUED ON PAGE 10

Constitutional Provisions The Constitution of the Federal Republic of Nigeria, 1999, as amended, (“the Constitution”), makes provisions for the Judiciary in Chapter VII thereof. This Chapter also provides for the procedure for removal of any judicial officer. Section 292 of the Constitution prescribes the mode for the removal of judicial officers. By virtue of Section 292(1)(a)(i) of the Constitution, for the heads of Federal courts, the section prescribes that removal will be by the President of the Federal Republic of Nigeria acting on an address supported by two-third majority of the Senate. Section 292(1)(a)(ii) provides that for the heads of State Courts, removal is by the Governor of a State acting on an address by two-thirds majority of the House of Assembly. By virtue of Section 292(1)(a)(i) and (ii) of the Constitution, the conditions under which the President/Governor can make such prayers for removal of a Head of Court are: 1. Inability of the judicial officer (Head of Court) to discharge the functions of his office or appointment; 2. The inability of the judicial officer (Head of Court) to perform the functions of his office or appointment (whether from infirmity of the mind or of body)

3. Misconduct of the judicial officer (Head of Court); or 4. The contravention of the code of conduct by the judicial officer (Head of Court). A cursory look at the provisions of Section 292(1)(a) gives the impression that reference need not be had to the National Judicial Council (NJC), before a Judge is removed. This has been the precursor to various flamboyant executive intermeddling on the removal of Heads of Courts without first recourse to the NJC. However, the position is that, before the President or Executive Governor of a State can exercise the power of removal of a Head of Court, such can only be done on the recommendation of the NJC, and not otherwise. This position has been held to be the rightful procedure for any removal of a Head of Court, in which case the Chief Judge of a State, in the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR v THE HON. ATTORNEY GENERAL OF FEDERATION & ORS (2012) LPELR-SC. 281/2010; (2012) 13 NWLR Part 1318 page 423. In that case, the Supreme Court per Mohammed, J.S.C. held thus: Although, it is true as argued by the learned senior Counsel to the Cross-Appellant, that the above Section 292(1) made no provision for the National Judicial Council to play any role in the removal of a Chief Judge of a State, the fact that the Council has a vital role to play in the appointment, removal and exercising control over a Chief Judge of a State under Section 271(1) of the Constitution and also under paragraph 21 of part 1 of the Third Schedule to the same Constitution, is not at all in doubt. Furthermore, the conditions specified under Section 292(1) (a)(ii) of the Constitution, for the exercise of the power of removal must be satisfied before such power can be validly exercised by both the Governor and the House of Assembly. This is because any exercise of power to remove a Chief Judge must be based on his: 1. Inability to discharge the functions of office or appointment; 2. The inability to perform the functions of his office could arise from infirmity of the mind or of body 3. For misconduct or 4. The contravention of the code of conduct. All these conditions or basis for the exercise of power to remove a State

“THE INDEPENDENCE OF THE JUDICIARY AS A THIRD ORGAN OF GOVERNMENT, CANNOT, THEREFORE, BE OVER-EMPHASISED”

Chief Judge, must be investigated and confirmed by credible evidence and placed before the Governor and the House of Assembly before proceeding to exercise their power of removal granted by the Section of the Constitution. For example, the ground of removal for inability to perform the functions of his office or appointment, cannot be ascertained and confirmed by the Governor or the House of Assembly in the absence of any input from the National Judicial Council, under which supervision the Chief Judge discharges his functions as Judicial Officer, and which body also is directly responsible for exercising disciplinary control over the said State Chief Judge. It is not difficult to see that, for the effective exercise of the powers of removal of a Chief Judge of a State by the Governor and House of Assembly, the first port of call by the Governor on his journey to remove a Chief Judge of the State, shall be the National Judicial Council which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of his office (the subject of disciplinary action of removal through the Committees of the Council), and where the infirmity of the mind or body is involved (the services of a medical board to examine and submit appropriate report on the Chief Judge to be affected) could also avail the Council in the process of investigation. It is for the foregoing reasons that I hold the view that, in the resolution of the issue at hand, the entire provisions of the 1999 Constitution in Sections 153(1)(i) (2), 271(1), 292(1) (a) (ii) and paragraph 21 of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 dealing with the appointments, removal and exercise of disciplinary control over Judicial Officers, must be read, interpreted and applied together CONTINUED ON PAGE 10

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T H I S D AY Ëž Ëœ Í´Ëœ Í°ÍŽÍŻÍś

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Heritage Bank Partners MultiChoice to Flag Off Season 3 of BBNAIJA Sequel to successful outing of season-2 of the Big Brother Naija (BBNaija) last year, Heritage Bank Plc, your Timeless Wealth Partner has again partnered MultiChoice Nigeria Limited, owners of the DSTV and GOTV brands to bring the third season of the entertainment to viewers across Africa and beyond. The Big Brother Naija 2018 was launched on Sunday night with Ebuka Obi-Uchendu as the host with 20 house mates battling for the winning prize of N45 million which include a cash gift of N25 million and SUV Jeep among others. The theme of this year’s edition is “Double Wahala.� The host said one of the innovations in this season was that viewers could give housemates secret tasks to do and some lucky viewers could win cash prizes of N1 million during the duration of the show. The house mates will stay at the Big Brother House for the next 85 days to entertain viewers and the show promises to show case a lot of drama, intrigues and romance. Speaking at the live streaming of the opening session in Lagos at the weekend, Mr. Fela Ibidapo, Group Head, Corporate Communications of Heritage Bank said: “When the last season of the reality show was about to start, some of us did know what we were getting into. We are back here again because last year was successful.’’ He said Heritage

Bank believed in creativity and innovation and expressed appreciation to MultiChoice for the opportunity to be part of this edition of the show. About 20 house mates were invited to the house in the third season of the show which began last Sunday night, with four of them debuting in a reality show for the first time in their lives. This is an increase over 12 that participated in last year’s edition. The new comers are Nina Chinoso 21 years- old, Vanessa Williams aka Vandora from Edo State, Teddy A 29 and Kelvin Burle aka K-Brule 23 years-old. The others are Alexandria (a lady) 22, Adedayo Adewunmi aka Dee-One, a comedian; Princess Onyejekwe 25, Miracle Igbekwe, a pilot and model; Ahneeka 25 years and a TV presenter; Rico Savey,25; Bam Bam,28 years-old freelancer in acting and singing; Bitto Brain 26, Ifu Ennanda, an actress and business broker; Leo 25 years-old corporate hustler with a retail firm; Khloe 24 and a fashion designer; Angela 31 years-old film maker, Anto, Tobi- 23, Cee-C and Omololu Adetokunbo aka Lolu. In the season two of the show, besides providing financial assistance to the BB Naija contenders, Heritage Bank helped them with business and advisory support services for between six to nine months. This support helped to chart a veritable course and equip

the housemates with the necessary tools to make informed business choices during their

individuals’ careers. In a bid to bring additional value to Nigerian culture,

Heritage Bank also ensures that in partnering with the housemates, they take positive

steps towards creating, preserving and transferring wealth to Nigerians.

Fayemi Leads FG Delegation to African Mining Summit in S’Africa

MAN Seeks Downward Review of Company Income Tax

Kasim Sumaina in Abuja

The Manufacturers Association of Nigeria (MAN) has called on the federal government to review the Company Income Tax (CIT) downwards from the current 30 percent to about 20 percent, with targets for the employment of Nigerians to technically reflect the prevailing operating environment and economic situation of the country. President of MAN, Dr. Frank Jacob Udemba made this call at the MAN/Commerce Industry Correspondent Association of Nigeria press briefing in Lagos. Udemba stated that this will help reduce poverty in the country and further galvanise the economy, especially the manufacturing sector. He noted that the current government recurrent expenditure is on the high side and should be reduced. Furthermore, he said that it will help reduce the huge fiscal deficit which will in turn reduce both domestic and external borrowings and

The Minister of Mines and Steel Development, Dr. Kayode Fayemi, is leading the Nigerian delegation to the Investing in African Mining Indaba, which kicked off on Monday February 5, in Cape Town, South Africa. A statement from the ministry disclosed that the Nigerian delegation comprises critical stakeholders, including officials of the Nigeria Geological Survey Agency (NGSA), officials of some state governments in charge of minerals and mining; financial experts, investors and operators. According to the statement, “The Investing in Mining Indaba is regarded as the biggest African mining event with significant interests from governments, organisations, financial institutions and investors within and outside the continent. “One major highlight of the Nigerian government’s participation in this year’s event is the presentation to

the global audience of the New Nigeria Airborne Electromagnetic Surveys Results.� It noted that, the presentation by the Minister would be followed by a technical session featuring global and Nigerian mining experts who would discuss the new electromagnetic survey results. “The presentation and the technical session are scheduled for Wednesday, at an event designated as Nigerian Day at Mining Indaba 2018, at the Cape Town International Conference Centre, Cape Town. “Fayemi, last December disclosed that the Ministry had secured the delivery of 26,000 line kilometre of electromagnetic data, following the payment of outstanding fees to the consultant that handled the project. He also said that the ministry would undertake extensive electromagnetic Airborne Geological Survey of promising parts of the country this year, as well as the completion of the National Mineral Database.

Jonathan Eze

the associated service charges. “Deliberately shed the current borrowing size of the government in the domestic financial market so as not to completely crowd-out the private sector. Budget implementation which is usually the bane of our budgetary process should henceforth not be tardy but effectively executed,� he stressed. The MAN President advised that the government should accelerate action on the resource-based industrialisation programme adopted by it through deliberate funding and creation of the enabling environment, stressing that it fast-track the development of key selected mineral resources through backward integration, especially those with high inter-industry linkages. He also urged the government to release some of the money docile in TSA to the commercial banks explaining that the money can be re-invested or plunged back into the economy as it will not generate more income if it is idle in TSA.

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PROPERTY & ENVIRONMENT MBANPreparedtoDriveMyOwnHomeScheme, Says Akinlusi Prospects in the nation’s mortgage industry in the years ahead are huge, regardless of the trying times Nigerians contend with, says the President, Mortgage Banking Association of Nigeria (MBAN), Adeniyi Akinlusi. He believes home ownership will be made easier through the Myownhome Scheme, an aspect of the Nigeria Housing Finance Programme (NHFP), a Federal Government initiative coordinated by the Central Bank of Nigeria (CBN) with the support of World Bank’s $300 million loan. Bennett Oghifo reports

T

he mindset of Nigerians that it is ‘honourable’ or ‘manly’ for home ownership to be achieved through equity alone (savings and sweat) is being redirected to the use of equity and debt. Financial experts say debt (mortgage, loan) is not a bad thing, if used for wealth creation. This is a reason for low mortgage penetration, according to the President of Mortgage Banking Association of Nigeria (MBAN), Mr. Adeniyi Akinlusi, during a chat with journalists in Lagos, recently. Quoting available statistics, Akinlusi, accompanied by the Executive Secretary of MBAN, Kayode Omotoso said, “Only about 5% of the 13.7million housing units in Nigeria are currently financed with Mortgages. “The mortgage industry generated less than 100,000 transactions from 1960 to 2009. Now, there were 181,519 transactions from 2010 to 2016; contribution of mortgage finance to Nigeria’s Gross Domestic Product (GDP) is about 1%.” He said the low penetration of mortgage was due to, “Dearth of titled properties: Creation of mortgages is hinged on the certainty of title to land as mortgage was a creation of secured title. Difficulty in registration/transfer of title: could take from six months to two years; has too many processes which are slow, cumbersome, unreliable, and inefficient; high cost of title registration/ transfer: usually 15% of property value but as high as 22% in some states; non-automation of government process in registration and land titling; inadequate cadastral system; difficult foreclosure and eviction.” He also said there was “Difficulty in accessing NHF by majority of Nigerians due to inadequacy of funds to support the scheme as some key stakeholders are not making any contribution into the scheme as stipulated by the NHF Act; affordability gap; low income; market forces of demand and supply; lack of affordable houses; land is too expensive; building materials are expensive (a lot of them are imported); lack of physical infrastructure to support mass housing production; few eligible borrowers (due to high cost of funds) which results into low affordability; Informal Sector Exclusion; lack of adequate information on borrowers: This makes Mortgage Underwriting difficult; absence of adequate information on the housing market e.g. house prices, house values, liens, portfolio history etc.; inefficient property/housing market infrastructures; absent/inefficient mortgage market infrastructure; information infrastructure: Public registries, credit bureaus

Power, Works & Housing, the Federal Ministry of Justice and Mortgage Banking Association of Nigeria (MBAN). Mortgage Originating Institutions i.e Mortgage Lending Banks (MLBs) that are participating in the Scheme through Equity/Investment in Nigeria Mortgage Refinance Company (NMRC).

R-L: President, Mortgage Bankers Association of Nigeria (MBAN), Adeniyi Akinlusi; and the Executive Secretary, MBAN, Kayode Omotosho, at a media parley on the myownhomescheme of the Nigeria Housing Finance Programe coordinated by the Central Bank of Nigeria

and rating agencies; Risk-pricing infrastructure: Government securities markets, sub-national bond markets and private sector bond markets.” Another drawback, he said was low Savings Culture: “Some people can actually afford to repay a mortgage, but they don’t have enough down payment as Equity Contribution.” Studies show that most Nigerians will not take loan, and some will not pay their debt when they take. According to Akinlusi, there is “Lack of credit utilisation culture: A lot of Nigerians have the mindset that credit is bad, so even when funds are available, they still would prefer to self-build their houses rather than take a mortgage.” There is also “Lack of debt repayment culture: Some people have the capacity to repay but are unwilling to, and are also plagued by “Lack of Awareness/Public Apathy towards mortgage financing.” Unfavorable Investment Climate, Akinlusi said was another constraint. “High (and sometimes erratic) exchange rate; traditionally stringent operational guidelines for mortgage banks (although it is under review) and becoming better due to constructive advocacy with CBN; and General difficulty in doing business in Nigeria. He said there were other challenges due to inhibitive/prohibitive laws, lack of Foreclosure

Law; inhibitions from the Land Use Act 1978, which entrusts land ownership on the governors. Myownhomescheme… These constraints are being addressed to ensure the MyOwnHome scheme comes to play. The scheme, ‘My Own Home’ is a Public-private Partnership (PPP) offshoot of the Nigeria Housing Finance Programme (NHFP), a Federal Government initiative coordinated by the Central Bank of Nigeria (CBN) with the support of World Bank’s $300 million loan. The objective of NHFP is to catalyse the growth of the housing sector through de-risking the housing finance value chain and improving access to finance. The scheme, ‘My Own Home’ is a Publicprivate Partnership (PPP) offshoot of the NHFP. Its objective is increase access to housing finance and housing in Nigeria and to inspire young Nigerians on the need to key into mortgage process and start owning homes Technical assistance for ‘My own Home’ Scheme would be provided. The Stakeholders It has broad-based Stakeholders and Partnerships Profile that include; the Federal Government of Nigeria, Federal Ministry of Finance, Central Bank of Nigeria, the World Bank, Federal Ministry of

The Working Under the ‘My Own Home Scheme, 34 Primary Mortgage Banks, 4 Commercial banks, and 9 Micro finance Banks have been selected to stimulate housing finance for low-income earners in the formal and informal sectors. They would benefit from US$15 million Housing Micro-finance Fund and US$10Million Technical Assistance Fund, with LAPO Microfinance Bank as pivot of the Pilot Scheme in the housing sector. The Scheme has set up a framework that will revamp the housing finance sector and also make access to housing finance a lot easier through the following components: Nigeria Mortgage Refinance Company (NMRC): Providing long-term refinancing of mortgages and standardizing mortgage procedures; Mortgage Guarantee: Through this scheme, borrowers with insufficient or no equity contribution (initial down payment) can access mortgage for home ownership; Housing Microfinance Scheme: Would stimulate increased lending to low-income earners in the formal and informal sectors in Nigeria through Microfinance Banks for incremental housing construction or housing improvement. Unlike the conventional mortgage, the Scheme allows beneficiaries to use the loan for purchase of land, incremental building or renovation. Akinlusi also discussed the would-be impact and sustainability of the public-private sector driven “myownhomescheme” relative to a disposition to social housing programmes. He said, “From the experience in Nigeria, most initiatives that are solely funded and run by the Government(s) as Social housing programmes were usually not successful and are usually not sustainable. My own Homes’ being a PPP is highly likely to succeed going by our experience with other PPP programmes such as NMRC, Infrastructure provision and even the Pension Scheme Reform which also had the Private Sector Stakeholders.” Regardless, for the scheme to work fluidly, the processes and cost of land title documentation must be made easy and the time it takes to perfect these titles must be reduced drastically from what it is today in most states, and the Federal Capital Territory.

Homework Restores Foreign Investors’Trust In Real Estate Sector Stories by Bennett Oghifo Homework Development and Properties Limited has restored the trust foreign investors once had in the Nigerian real estate sector, officials of the company have said. According to a statement, the company said “This is the major outcome of the recent conference, organised by the Association of Nigerian Physicians in the Americas (ANPA) in Atlanta, Georgia, United States, where the Lagos-based

real estate company showcased its affordable products and promoted the recent positive developments in real estate industry in Nigeria. “Reflecting on the conference attended by several hundreds of physicians and other professionals, the Director of Homework Development and Properties Limited, Architect Jide Adekola said it provided a platform that helped to change the perception that foreign investors would not get value for money or might

get scammed in Nigeria. It also created the awareness that there are professionals in the sector who are able to provide quality products in due time. “The change in perception, which we have created, would in no small measure boost businesses and increase the volume of foreign direct investments that can engender increase in gross domestic product of the country, “Adekola said. He affirmed that ANPA

members, who have benefited from the unswerving services of the company, specifically requested that Homework should participate in the conference in order to take the Nigerian success story to the outside world. According to Adekola, the event has exposed Homework to ANPA’s publications, increased networking and sales leads, the needs of customers and the property market, increased trust in foreign investors in the Nigerian

real estate market, and has boosted awareness that there is a unique selling point in the company’s products which are delivered by professional architects. He explained that the real estate sector, which is inundated with issues of trust, lack of finance and presence of charlatan, can be saved if government subsidises the cost of land for credible developers who have the capacity to provide affordable housing. Adekola added that

Homework would also take part in the annual conference organised by the National Association of Nigerian Nurses in North America and other subdivisions within the United States. This would enable the company reach out to other professional associations and more Nigerians in the globe. Homework is also planning to hold similar exhibition and talks in Canada, the United Kingdom and other countries with large population of Nigerians.

T H I S D AY ˾ TUESDAY FEBRUARY 6, 2018

29

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T H I S D AY Ëž Ëœ Í´Ëœ Í°ÍŽÍŻÍś

BUSINESS/MONEYGUIDE

Banking Sector Credit Seen ‘Cautiously’ Rising in 2018 Obinna Chima Nigerian banks are expected to commence lending cautiously this year, given the improved macro environment and the declining yield environment. Renaissance Capital (RenCap), a financial advisory and research firm stated this in a report titled: “Nigerian banks: The Path to Recovery,� obtained yesterday. Precisely, a loan growth of 10 per cent was projected for the sector. It stated that the banks see lending opportunities in sectors such as manufacturing, general commerce and upstream oil and gas (for international oil companies). But, it pointed out that the appetite to create new foreign currency assets remains relatively weak, saying that loan growth would largely be driven by the local currency book. Capital constraints remain a challenge for some of the smaller banks, but we are not concerned that re-allocation of

assets in favour of loans will put material pressure oncapital adequacy ratio (CAR)), as we expect the banks to lend cautiously, it stated. However, it noted that in 2017, the attractive yields on government securities, coupled with a sluggishly recovering macro environment, further discouraged private sector lending. “Against the backdrop of a falling interest rate environment, and the expectation of cautious lending among the Nigerian banks, we believe resilience in earnings will be key infull year 2018. “Specifically, we believe that the investment thesis of the Nigerian banks in full year 2018 largely hinges on the improving asset quality outlook,� the report added. Equally, while the report showed that some of the Nigerian banks have gained traction in growing a more sustainable source of net interest revenue (NIR), it however stated that it does not think this was material enough to compensate for net interest margin (NIM) pressure.

“In our view, the declining yield environment presents the biggest risks to full year 2018 earnings. We focus on the trends in treasurybills yields because this was the driver of earnings growth for the Nigerian banks in2017. “The declining yield environment will not have a marked impact on 2017 numbers, in our view, given the banks enjoyed three quarters of high interest rates. “Given the improving macroeconomic environment and declining yield environment, all the banks in our coverage universe are guiding for stronger credit growth in FY18. “The political environment, especially, in 2H18 could lead banks to place a lid on credit extension to reduce the risk of these monies being diverted towards electoral campaigns. “We also think that banks with public sector exposures will ensure paydown of loans before the electioneering swings into full force,� it added.

Broad street

MARKET INDICATORS

CBN Lifts Forex Market with $210m In its desire to ensure the availability of forex and also meet customers’ requests in various segments of the market, the Central Bank of Nigeria (CBN) yesterday injected another sum of $210 million into the interbank foreign exchange market. Figures obtained from the Bank yesterday indicated that the CBN offered $100 million 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 on Tuesday, February 06, 2018.

Okorafor reassured the public that the Bank would continue to intervene in the interbank foreign exchange market in line with its quest to sustain liquidity in the market and maintain stability. He added that the steps taken so far by the Bank in the management of forex had paid off, as reflected by reduction in the country’s import bills and accretion to its foreign reserves. The naira went for around N360/$1 on the BDC segment of the market yesterday.

Sigma Pensions Urges SMEs to Key into Voluntary Contributions Scheme Nume Ekeghe One of the leading Pensions Fund Administrators (PFAs) in the country, Sigma Pensions in its bid to encourage small and medium scale enterprises (SMEs) towards having a retirement savings, has urged operators of SMEs to key into voluntary contributory scheme. The Vice President Business Development, (West) Sigma Pensions, Mrs. Mabel George made this call recently, at the ConnectNigeria SMEs E-business fair 2018. Speaking at the event, George said: “For the medium and small-scale enterprises, we are very aware that it is important

that they are able to contribute into the scheme. “As long as you have a registered business even if it not a limited liability company or an enterprise, once it is registered with CAC you are able to come into pensions and do a voluntary contribution.� She added: “Because what the law states for paid employment you must be a minimum of three people and an employer and employee but if you are an SME, you are coming in under the micro pensions which is just at the boarding stage and you are able to make contributions at a voluntary rate to suit your income, she added. Furthermore, during her

presentation, she gave a lecture on the issues affecting the growth of SMEs and also proffered an array of solutions to enhance operators of small businesses. Furthermore she said: “We find that most people start off their businesses and when we talk about pensions people become unresponsive. “So, what should be important to you is starting off a business, have a health management scheme and most importantly, you must have a pension scheme. At Sigma Pensions, as a PFA for over 12 years we want to see SMEs, businesses, start-ups thriving in their businesses�, she stressed.

Skye Bank Rewards Loyal Customers The Obazelu of Benin Kingdom, Chief Osaro Idah, has commended Skye Bank Plc for rewarding its loyal customers and helping their businesses to grow. He said this during the presentation of N1 million cheque to Mrs. Eunice Odubor, an Inspector with Civil Defence Corps, who emerged a lucky winner in the bank’s on-going “Reach for the Skye� millionaire reward promo, which held at the palace of the monarch at

the weekend. Idah noted efforts of Skye Bank in encouraging savings culture in Nigeria and for giving equal opportunities to all customers to get a chance to win in the on-going “Reach for the Skye� millionaire reward promo. According to the monarch, “We are very impressed with your great steps to make life beautiful for our people. Your bank understands tradition and the core needs of the people. We

will also continue to support your bank and encourage our people to bank with you. “I am also particularly happy that the winner is our own daughter and I believe that she will use the money to do well in our state, helping other people to live well and get better.� “I encourage Skye Bank to continue with this initiative to make more people happy and help their businesses to grow,� he added.

MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

AUGUST 2017 Broad Money (M2)

21,851,454.31

-- Narrow Money (M1)

9,890,813.10

---- Currency Outside Banks

1,523,239.91

---- Demand Deposits

8,367,573.19

-- Quasi Money

11,960,641.22

Net Foreign Assets (NFA)

9,732,990.89

Net Domestic Assets(NDA)

12,118,463.42

-- Net Domestic Credit (NDC)

26,821,446.81

---- Credit to Government (Net)

4,824,226.22

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

7,834,536.74

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

--3,010,310.52

---- Credit to Private Sector (CPS)

21,997,220.59

--Other Assets Net

--14,702,983.39

Reserve Money (Base Money)

5,486,804.65

--Currency in Circulation

1,868,735.07

--Banks Reserves

3,268,266.17 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

August 2017

Inter-Bank Call Rate

22.63

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

14.00

Treasury Bill Rate

13.35

Savings Deposit Rate

4.08

1 Month Deposit Rate

8.86

3 Months Deposit Rate

10.14

6 Months Deposit Rate

11.51

12 Months Deposit Rate

11.40

Prime Lending rate

17.69

Maximum Lending Rate

31.20

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OPEC DAILY BASKET PRICE AS AT THURSDAY FEBRUAR 1, 2018

The price of OPEC basket of fourteen crudes stood at $66.83 a barrel on Thursday, compared with $66.28 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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T H I S D AY ˾ ˜ ʹ˜ ͰͮͯͶ

MARKET NEWS

NSE Capitalisation Sheds N72bn as Market Opens on Bearish Note Goddy Egene and Nosa Alekhuogie The equities market opened on a bearish note yesterday with the market capitalisation declining by N72.1 billion to close at N15.88 trillion, while Nigerian Stock Exchange (NSE) All-Share Index fell by 0.85 per cent to close at 44,261.72. The market had last week added value as investors

increased demand for stocks to take position ahead of earnings season announcement. However, considering the significant capital gains recorded in the first month of the year, some investors are moving to lock in profits, a development that made the market to resume trading on a bearish note yesterday. But the decline was mostly fuelled by depreciation recorded

P R I C E S MAIN BOARD

F O R DEALS

in the share prices of Dangote Cement, Lafarge Africa, FBN Holdings, Access Bank Plc, United Bank for Africa Plc and FBN Holdings Plc. In all, 34 stocks depreciated, while 26 others appreciated. UNIC Insurance Plc led the price losers with 8.7 per cent, followed by Consolidated Hallmark Insurance with 8.3 per cent, while Skye Bank Plc and LASACO Assurance Plc

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

went down by 5.5 per cent each. On the positive side, AIICO Insurance Plc led the price gainers with 10 per cent, trailed by Prestige Assurance Plc with 8.3 per cent. Linkage Assurance Plc chalked up 5.8 per cent, just Beta Glass Plc garnered 4.9 per cent. Volume and value of trading fell by 32.3 per cent and 19.6 per cent respectively to 426.8

T R A D E D MAIN BOARD

A S

million shares and N2.8 billion respectively. The three most actively traded stocks were FCMB (101.49 million shares), Skye Bank (48.34 million shares) and Diamond Bank (31.54 million shares). In terms of sectoral performance, three depreciated compared with two that appreciated. The NSE Industrial Goods Index led with a decline of 1.3 per

O F

cent primarily on the back of price depreciation in Dangote Cement Plc (-2.9 per cent). It was trailed by the NSE Oil & Gas Index that went down by 1.3 per cent due to losses recorded by Forte Oil (-4.9 per cent). Similarly, profit taking in NASCON Allied Industries Plc and Dangote Flour Mills Plc dragged the NSE Consumer Goods Index down by 0.7 per cent.

0 5 / 0 2 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

TUESDAY, FEBRUARY 6, 2018˾ T H I S D AY

33

NEWSXTRA

Ekweremadu: Electoral Act, Constitution Amendments Ready in Matter of Weeks The Deputy Senate President of the Senate, Ike Ekweremadu, has promised that legislative work on the Electoral Act and the amendment of the constitution will be concluded in few weeks. He spoke yesterday when he received a delegation of the British High Commission in Nigeria led by the High Commissioner, Mr. Paul Arkwright. Details of the meeting were made available by his Special Adviser on Media, Mr. Uche Anichukwu. Ekweremadu, who expressed gratitude to the British Government for always showing interest in state of the Nigerian union and her democracy, said concluding the amendments to the Electoral Act and Constitution amendment was top on the priority list of the eighth National Assembly to ensure better governance and smooth elections in 2019. “The 2019 election is very important to Nigeria. The amendments to the Electoral Act and the constitution all form part of the ongoing electoral reform to continue to improve on the quality of our elections. “In the previous amendment, a timeframe was

set for the determination of election petitions. Now we are working on setting a timeframe for pre-election matters. In the previous amendments, we also created a window for direct and indirect primary by political parties. In the current amendment, we want to make more elaborate provisions regarding direct party primaries for political parties that may wish to adopt it to ensure greater fairness, transparency, and internal democracy in choosing their standard bearers, “We are also working to lift the restrictions on the use of electronic voting by the Independent National Electoral Commission, INEC. That way, it will be up to the election management body to determine if it is sufficiently prepared to deploy electronic voting or when to adopt electronic voting.” Ekweremadu was also of the view that the rearrangement of the order of election as passed by the House of Representatives, if adopted by the Conference Committee of both Houses, would help the electorate to judge each candidate on his or her own merit at each level of election. “The bottom line is that the Conference Committees on both the Electoral Act and

Nigerian Mother Detained over £500,000 Bill Loses Two of Her Quadruplets A Nigerian mother delivered of quadruplets prematurely in Britain and who has racked up a bill of £500,000 in one of the largest hospitals has lost two of the children. The 43-year-old, named only as Priscilla, went into labour three months early shortly after landing at Heathrow airport in November. According to The Cable, she had intended to give birth to the babies in Chicago, in the US, where she has family members – but was turned away by border officials upon arrival. They claimed that although she had a visa, she did not have required documents from a hospital stating that she had the money to pay for the birth. Priscilla, a healthcare worker, said she was returning to Nigeria via London when she started having contractions. She was taken to the Queen Charlotte’s and Chelsea Hospital in west London, part of Imperial College Hospital, where she was delivered of four babies. One sadly died shortly after birth while another, a girl named Deborah, reportedly passed away on Saturday. The other two, Elijah and Esther, are still being treated in the hospital’s neonatal intensive care ward. Staff estimate that the total bill for the highly

complex birth and the care of the babies is already more than £500,000. The cost of treating one baby in neonatal intensive care is £20,000 a week. When first warned of the high treatment costs by overseas visitor manager Terry Facey, said: “I didn’t plan to come here. “It’s only money. Money can’t buy life. The last bill I had was £331,000 but – even if I worked every day – I would never earn that much money. My kids are priceless.” Facey, who has worked at the trust for 12 years trying to collect bills for overseas patients, says: “Those invoices are going to be huge … 20 grand a week for each baby [in intensive care].” Priscilla is currently staying at a hostel run by a charity and is unable to afford the bill. Her husband, who is in Nigeria, and cannot go to Britain to help take care of her as he does not have enough money for a visa or the flight. Priscilla underwent IVF treatment, which has a high risk of multiple births, as she was struggling to conceive naturally due to her age. She was reportedly told by her doctor to fly to the US to have her babies, as Nigerian hospitals do not have the “facilities to cater for the children”.

constitution amendment are meeting separately this week to conclude work on the entire amendments to ensure a smoother and more credible electoral processes as well as

promote good governance of the country,” he added. Earlier, the British High Commissioner, Arkwright, said they had come to see the Deputy President of the Senate

on political developments, especially as it concerned the prospects for the Peoples Democratic Party (PDP) and legislative activities of the National Assembly.

“The legislative programme, which you have in the Senate and the National Assembly, the changes to the electoral laws are also important to us,” Arkwright concluded.

WANTED DEAD OR ALIVE

Former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, being stretched out of the court during his ongoing trial at the Federal High Court in Abuja...yesterday

Christian, Muslim Clash Claims One Life in Adamawa University School shutdown Daji Sani ÓØ ÙÖË The management of Modibbo Adama University of Technology Yola (MAUTECH), Adamawa State, has shut down the institution following two days of unrest between Muslim and Christian students which resulted in the death of a 200-level student studying Urban and Regional Planning, while two lectures halls were also burnt down. The Dean of Students Affairs of the university, Dr. Lawal Haruna, announced the closure of the institution to journalists yesterday on

the campus. According to him, “We are directing the closure of the institution indefinitely with immediate effect pending investigation into the students’ riot on campus.” Harana said the closure of the university was as a result of students unrest that occurred last Sunday night. He, however, urged every student to leave the campus latest by 2p.m.yesterday. The Dean stated that the violent demonstration erupted in the institution when a Christian student name withheld, posted a blasphemous text on his Whatsapp domain

castigating the Holy Prophet Mohammed which sparked demonstrations by Muslim students. He pointed out that two lecture theatres used by Christian students for fellowship were burnt even as two mosques on the campus were equally razed down. “A student posted a blasphemous statement about Prophet Mohammed on his Whatsapp group which sparked the demonstration. “The student was traced through his posting, and this has sparked the riot. “Three students who reside off the campus sustained injuries as a result

of the fight which ensued between the two groups. “We had a successful Student Union Government election. Even if there was misunderstanding at that time, I don’t believe the election has direct bearing with the incidence of yesterday,” the Dean who spoke on behalf of the Vice Chancellor, Professor Kyari Mohammed, said. He added: “Unfortunately, some students in the night (Sunday) took the fight outside the campus and three sustained injuries and one died at the hospital this morning at the Federal Medical Centre, Yola.”

PANDEF Sets up 16-member Committee to Interface with Amnesty Office Sylvester Idowu ÓØ ËÜÜÓ The Pan Niger Delta Forum (PANDEF), Niger Delta umbrella body of leaders, elders and stakeholders, has set up a 16-member bipartisan regional Presidential Amnesty Committee to interface with the federal government with a view to chart a way of strengthening the amnesty programme. The committee is headed

by Air Commordore Nkanga (rtd) with Prof. Osunbor as co-chairman. Some other members of the committee are Ambassador Godknows Igali, Prof G. G. Darah, Chief Timi Alaibe, Hon Chibudom Nwuche, Col. Tony Nyiam (rtd), Sara Igbe, Chief Don Etiebet, Mrs Nella Andem-Rabana SAN, Chief Mike Loyibo and Prince Maikpobi Okareme. Onetime Secretary General of Traditional Rulers of

Oil Mineral Producing Communities of Nigeria (TROMPCON), Prince Maikpobi Okareme, who is also a member of the committee, confirmed in a terse statement yesterday. THISDAY recalled that the Amnesty Programme which was established in 2009 by the late President Umaru Musa Yar’Adua was meant to last for only three years. The Special Adviser to the president on Niger

Delta and Coordinator Presidential Amnesty Programme, Brigadier General Paul Boroh (rtd), had few weeks ago said that the Presidential Amnesty Programme has met its mandate of providing peace and stabilising the Niger Delta security environment through its training and empowerment of ex-militants and is now due for termination.