Tuesday 20th March 2018

We Haven’t Effectively Tackled Corruption, Osinbajo Admits Says Jonathan shared N150bn two weeks before 2015 polls Omololu Ogunmade in Abuja

that the federal government was yet to deal effectively with the menace of corruption in the country.

Speaking at the 7th Presidential Quarterly

In a departure from the mantra of the administration, Vice-President Yemi Osinbajo yesterday in Abuja admitted

Business Forum for private sector stakeholders at the State House conference centre, he said the administration has been unable to deal decisively with corruption because it is

endemic and has fought back on all fronts.

He also criticised the administration of former President Goodluck Jonathan, alleging that while it spent

a paltry N14 billion on agriculture in 2014, N15 billion on transportation, and only N153 billion on infrastructure in three years, it shared N150 billion two weeks to the 2015

elections.

Osinbajo faulted the perceived taciturn nature of Nigerians on the adverse Continued on page 6

CBN Dep Gov Nominees, Others Undergo Senate C'ttee Screening… Page 10 Tuesday 20 March, 2018 Vol 23. No 8370. Price: N250

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Herdsmen Strike Again in Kogi, Kill Traditional Ruler, His Wife, 10 Others US Govt backs Ortom on ranching George Okoh in Makurdi and Yekini Jimoh in Lokoja Barely five days after the killings in Dekina and Omala Local Government Areas, a traditional ruler and 11 other persons have again been reportedly killed

and several houses razed in separate attacks by suspected herders of cattle on Agbenema, Aj'Ichekpa, Opada and Iyade villages in Omala Local Government Area of Kogi State.

Continued on page 6

IG Withdraws Policemen from VIPs, Deploys 2,000 Personnel in 300 N’East Schools

Amnesty: Security forces ignored distress calls on Dapchi girls’ abduction Gboyega Akinsanmi in Lagos and Paul Obi in Abuja with agency report The Inspector General of Police (IG), Mr. Ibrahim Idris, has ordered the immediate

withdrawal of all policemen attached to very important persons (VIPs), political and public office holders in the country.

Continued on page 8

Dogara Backs Nigeria's Restructuring… Pa g e 1 0

PARTNERING ON FINANCIAL INCLUSION… L-R: MD/CEO, I-One-C, Mr. Kelechi Dozie; GMD/CEO, Keystone Bank Limited, Mr. Obeahon Ohiwerei; and Postmaster General/CEO of NIPOST, Mr. Bisi Adegbuyi, at the launch of Keyserv-NIPOST Agency Banking, a financial inclusion partnership, in Lagos... recently

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PAGE SIX H E R D S M E N ST R I K E AGA I N I N KO G I , K I L L T R A D I T I O N A L R U L E R , H I S W I F E , 1 0 OT H E R S Those killed included a traditional ruler, the Onu Okenwu Agbenema of Ife, Chief Musa Edigbo, his wife and ten others by the assailants.

THISDAY reliably gathered that the attacks started on Sunday night and lasted till yesterday morning.

During the attacks, the residence of the former vice chairman of Omala LGA and that of his father were also razed.

It was gathered that the attackers, who were allegedly armed with sophisticated weapons, hid in the bushes around the villages from where they launched the deadly ambush on their targets.

According to the residents who managed to escape the assault on their communities, the herdsmen set houses ablaze and opened fire on the fleeing inhabitants, slit their throats with machetes, and dismembered their bodies.

The eyewitnesses, who would not want their names in print, told newsmen that the administrator of Omala, Hon. Ibrahim Aboh escaped the gruesome onslaught by the whisker.

They also alleged that the soldiers who were drafted to curtail the suspected herdsmen’s killings refused to assist the locals repel the assailants. “We were surprised when we approached the soldiers

who were stationed at a guest house at Abejukolo for assistance. They refused to act and used their vehicle to block us from advancing to the troubled spots to help our people. “It is clear that the aim of the Fulani herdsmen is to kill us and take over our ancestral homes. They have razed Ojuwo Ajomayeigbi, Iyade, Agbenema and Opada villages so that they can use our land for their cattle colonies. “We want the world to come to our assistance before these Fulani exterminate and inherit our land. We have lost confidence in the security agencies posted to us because from their actions, we believed they have been instructed to adopt a sit and look approach while we are being massacred. “Right now, a coordinated war is raging simultaneously in most villages in Omala, Dekina and Bassa LGAs. Our people are being killed and houses burnt down, and our women are being raped while many children who ran from the theatre of war are still missing. “Since the attacks began, we have not gone to the farms and even the markets have closed. Hunger has come to stay on our land.

If drastic measures are not taken to quell this mad killings by these herdsmen, food insecurity will take over our land,�

the eyewitnesses lamented.

When contacted, the Police Public Relations Officer of the Kogi State Police Command, Mr. William Ayah, said the command was yet to be briefed by the Divisional Police Officer (DPO) on the latest attacks on the Omala communities.

Last Saturday, the state governor, Yahaya Bello, visited the crisis-prone area of Oganenigu where over 35 persons were massacred and houses burnt by the invading Fulani herders last Wednesday.

He promised to make the attack the last in the state.

In a related development, the governor of neighbouring Benue State, Mr. Samuel Ortom, who has adamantly advocated for the establishment of ranches for cattle rearing, yesterday received the support of the United States Ambassador to Nigeria, Mr. Stuart Symington.

The US ambassador, who visited Ortom at the Government House, Makurdi, to commiserate with the governor over the recent killings in Benue State by suspected herdsmen, said if cattle are properly reared in ranches instead of open grazing, Nigeria could become one of the highest income earners from milk production.

Narrating his own experience, the ambassador disclosed that he came

from a family of farmers that used to graze cattle from Colorado in the U.S. to Texas every year until his family stopped moving cattle and learnt to take advantage of the land to rear their livestock. “I come from a family of farmers and part of my family used to move cattle from one state called Colorado to another state called Texas every year and over time they changed until now the cow business that they do is very much one that takes advantage of the land and we have to move them on trucks. “I had a great conversation the other day just outside the city of Jos with one of the great milk producers of the world, a company that produces milk. And I talked to the guy and he was mentioning to me that the milk that comes from the Fulani cattle could be incorporated into the milk produced here. “Literally the future of the nation could be rich when the milk of those herders get fed to the sons and daughters of families and their vegetables get fed to the sons and daughters of the herders. I am happy that you are thinking in this direction Mr. Governor,� the US ambassador stated.

Ortom thanked the ambassador for the visit and solicited the assistance of the U.S. in the establishment of ranches across the

country, stating that they were one reliable way of guaranteeing peace in the country. “Let me on behalf of the government and people of Benue State welcome and appreciate your visit. “We were glad when we learnt that you were coming to visit us because we look up to America for a lot of things. Today the presidential system of government that we practice, we borrowed it from America. “I have been advocating for ranching instead of the open grazing that we have in Nigeria today. And because of the shortage of land, the issue of open grazing has become a major security challenge, especially in my state. “Frequently, there are clashes between farmers and herdsmen because the land is not there and my people are mostly farmers, so they find the herdsmen encroaching and trespassing on farmlands and thus destroying their crops and when they (the herders) are confronted, it turns into a fight, In the process, we have lost so much. “I have been calling for the establishment of ranches just like it is done in America. Most of us look forward to a time when our governments at the federal and state levels will come together and find a lasting

solution to this crisis, because it is not peculiar to Benue State alone. “There are other states too that are affected. But to me, I see that ranching as it is done in America can solve the problem permanently because the land is not increasing but the population is increasing. “When there were grazing routes in the 1950s, the total population of Nigeria was less than 40 million. Today, by the 2012 projections, we are over 170 million and by 2017, I am sure we will be hitting 200 million. So it is a big challenge. “While we want to support the herdsmen to graze and to rear cattle, it should not be at the detriment of the lives and property of our people,� he said.

Ortom also highlighted other areas of collaboration between the state government and the U.S., recalling that he had to persuade officials of the United States Agency for International Development (USAID) to remain in Benue. “America has been supporting us in several ways. The USAID has been of great assistance to my government. Before I assumed office, they were about to leave the state but I invited them to stay back for dialogue and since then, they have been of tremendous help to us,� the governor stated.

external fight back and you have to be steadfast and strategic to win the battle. “There’s no way that you would have a system such as ours that has consistently thrived on corruption and the proceeds of corruption that will give up and say, guys, the problem has been solved. “It is a system that has fed on corruption and it affects all aspects of governance, so trying to deal with it is certainly not a walk in the park. “But I want to say that the task has already begun and that task is being done consistently and I believe that going forward in the next few years, no matter how we are criticised, if we stick to policies, especially controlling excesses and corruption in public finances, this country will make the kind of progress that it deserves to make with all the resources at our disposal. “If we stick to the policy of ensuring that as far as public finance is concerned there is no impunity and that we hold people to account, I’m absolutely confident that this country will make the kind of progress we deserve to make as a nation.�

In attendance at the event were the Ministers of Petroleum, Ibe Kachikwu; Budget and National Planning, Udoma Udoma; Finance, Kemi Adeosun; Industry, Trade and Investment, Okechukwu Enelamah; and the Special

Adviser to the President on Economic Matters, Dipo Dipeolu.

In their remarks, the private sector participants spoke on a host of issues including the ongoing construction on ApapaWharf Road, contractors that have abandoned work on the Lagos-Ibadan Expressway, the need to revive railways for ease of transporting goods from ports, and the need to stop multiple checks at airports leading to delay in movements.

They also spoke on the need for the federal government to take an interest in education in order to stop ill-trained people from manning critical sectors of the economy, as well as the need to revive the Eastern ports comprising those in Onitsha, Warri, Port Harcourt and Calabar.

W E H AV E N ’ T E F F E CT I V E LY TAC K L E D C O R R U P T I O N , O S I N B A J O A D M I T S effects of corruption on the nation’s economy, saying the absence of unanimity on the impact of corruption was dragging the country backwards and advocated for a change of mindset.

He said: “I must ask again what was wrong with the Nigerian economy and what do we need to do to correct the flaws. There are several issues which many of you have already articulated, but I want to talk about what I think is the biggest problem which, for some reason, we hardly talk about when discussing our national economy. “That is grand corruption in the public finance space.

Sometimes the way we talk about the Nigerian economy it does appear as if it is the economy of say, Norway or somewhere, where all things are equal. “Even when we refer to what has taken place in our economy, we almost sound as if this is in every sense a very normal business environment, a very normal public finance environment.

But that is not the case. “I do not think that any consideration about our economic development can be properly and honestly done without fully analysing corruption, especially grand corruption in the public finance space. “You see that despite the record high levels of oil prices, very little was invested in infrastructure and a record level of leakages were recorded in the past few years.

“That is the fundamental issue in our economy.

Corruption affects everything. It affects even judgment as to what sort of infrastructure to put in place or whether infrastructure will ever be completed. “It is so fundamental that we can’t even think of our economy without thinking of what to do about it. “Sometimes when we talk about our economy, we talk about the fact that we have relied on a single commodity and that is one of the reasons we are where we are. “Yes, that’s quite true but the fact is that proceeds from that single commodity were regularly hijacked consistently by a few. That is really the problem. “If we had spent the proceeds from that single commodity the way we ought to, we won’t be where we are today. “Most of the proceeds went to rent seekers in the industry. For example, I’m sure many of us are familiar with the so-called Strategic Alliance Contract between Atlantic Energy Drilling Concept Limited and NPDC. The promoters of the company made away with close to $3 billion, almost a tenth of our reserves. “There is no way if someone made away with a tenth of your reserves that you will not have a major economic shock.

And if we don’t deal with it, if we don’t talk about it, how will we be able to discuss our economy in an honest way with a view to

ensuring that these things do not happen again? “In one single transaction, a few weeks to the 2015 elections, the sums of N100 billion and $295 million were just frittered away by a few. “When you consider that in 2014, as the Minister of Finance has said, oil prices averaged $110 a barrel but only N99 billion was spent on the power, works and housing sectors. “Yet, when we talk about the economy we talk as if these are normal by every standard. “Nobody should talk about the economy when you have this kind of huge leakages and huge corruption.

Corruption completely makes nonsense of even what you are allocating to capital projects. “We saw from the presentation of the Minister of Finance that N14 billion was spent on agriculture in 2014, transportation got N15 billion, while infrastructure in three years got N153 billion, and yet in two weeks before the elections, N150 billion was shared. “So if your total infrastructure spending is N153 billion and you can share N150 billion, that is completely incredible.

That sort of thing doesn’t happen anywhere else in the world. So, when we are talking about the economy, we must simply understand that, that is the problem,� he said.

On what the current administration has done with the little resources

available to it, the vicepresident said: “Today, with less revenue, we have increased capital funding by 400 per cent as the finance minister has said, in power, works and housing, and in defence, transportation, agriculture. “If we want to do an analysis in Nigeria, it is either fraudulent or ignorant if we do not bring money that belongs to corruption to the masses. This is what distinguishes, in my own respectful view, this administration from the other. “I can say that with what I have seen if you have a president who is not corrupt, 50 per cent of your financial problems are over. This is what I have seen and I can demonstrate it with facts and figures. “If the president is corrupt, the entire financial system will be compromised and that is what we have seen with the figures we have just been presented. “And that is something that is absolutely important that we must take into account. So, I am not saying that corruption under this administration has been completely dealt with, no certainly not. “Where corruption has become systematic such as we have in our country today, you cannot deal with it in one full fell swoop, it is not possible. In any event, you still have a lot of corruption fighting back. “The system fights back and it’s both an internal and

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PAGE EIGHT I G W I T H D R AW S P O L I C E M E N F R O M V I P S , D E P LOYS 2 , 0 0 0 P E R S O N N E L I N 3 0 0 N ’ E AST S C H O O L S He has also deployed no fewer than 2,000 armed policemen in schools in North-eastern Nigeria as part of the measures to enhance protection in public schools in the region where Boko Haram terrorists regularly abduct men, women and children for ransom or indoctrination into the Islamist sect.

Idris gave the order on the withdrawal of police personal from VIPs and politicians, among others, at the monthly meeting with Commissioners of Police and above, held yesterday in Abuja. “A directive for the withdrawal of all police officers deployed to VIPs, political and public office holders, with immediate effect, is hereby given,� he said.

He said the order became expedient in view of the current security challenges in the country, adding that it was aimed at enhancing effective and efficient policing in the country.

Idris added that the directive included business entrepreneurs, multinational companies as well as corporate individuals.

In this regard, the police boss said a memo would be forwarded to President Muhammadu Buhari for approval, reported the News Agency of Nigeria (NAN).

He added that the approval would also serve as a guideline or template for the deployment of officers to VIPs, political and public office holders.

Idris said a task force had been constituted at the Force Headquarters to ensure compliance with the directive while command commissioners would replicate same at their various commands.

He pointed out that organisations and individuals that require the services of the police and are found worthy would be considered by the Special Protection Unit (SPU) of the police force.

Idris explained that this would be based on an application for revalidation through the state Commissioners of Police where they are resident. “I am charging the Commissioners of Police with the responsibility of supervising such official deployment and thereby holding them accountable,� he said.

On the illegal use of sirens and spy number plates, Idris directed all holders to return them to the Force Transport Officer (FTO) in Abuja and to apply for re-validation.

He said a task force would be formed at the command levels by state Commissioners of Police to ensure compliance.

Idris said when formed, the list of members of the task force would be forwarded to the DIG Operations on March 31.

He noted that criminals were taking advantage of the situation to perpetrate heinous crimes across the country.

The police boss also warned individuals covering their vehicle number plates and using sirens illegally to desist forthwith.

Idris also decorated some newly promoted senior police officers with their new ranks.

The officers include AIG Danjuma Ibrahim, AIG Istifanus Shettima, AIG Jimoh Ozi-Obeh, CP Dasuki Galadanchi, CP Bello Yahaya, CP Mukaddas Garba, and CP Fave Semali, among others.

The Police Service Commission on March 6 had approved the promotion of 414 senior police officers.

2,000 Policemen for N’East Schools

Idris

The police also announced yesterday that at least 2,000 armed policemen had been deployed in schools in Northeastern Nigeria as part of the measures to enhance protection in public schools in the region.

Boko Haram, in 2014, kidnapped 276 schoolgirls from a secondary school in Chibok, Borno State, and more recently, 110 girls from another school in Dapchi, Yobe State.

Speaking on the deployment, a senior police officer said the policemen will be deployed in more than 300 schools in Yobe, Adamawa and Borno States to enhance security in the schools.

The senior officer also said Idris would embark on appraisal visits in the North-east where he would visit the schools and assess the performance of the policemen.

The source said Idris would also visit the Dapchi community in Yobe State to commiserate with the families of the 110 abducted girls.

The IG would also have meetings with various stakeholders engaged in the fight against Boko Haram, with a view to supporting them.

The senior officer, who was quoted by PRNigeria, a public relations firm that advises government establishments, said Idris would also interact with top government officials, community leaders and traditional rulers as part of his efforts to strengthen the synergy in the campaign against Boko Haram.

Despite deploying his Assistant Inspector General of Police (AIG) to relocate to Maiduguri to compliment the military efforts in rescuing the Dapchi schoolgirls from Boko Haram, the source said that the IG, who had just returned from a medical trip, was of the view that it was necessary to go to the North-east and see things for himself. “I want to reassure Nigerians that the IG is committed to his primary

mandate of protecting lives and property in all parts of the country,� the police source said.

Unlike the IG, the Commandant General of the Nigerian Security and Civil Defence Corps (NSCDC), Mr. Abdullahi Gana, the Comptroller General of the Nigerian Immigration Service (NIS), Mr. Muhammad Babandede, and the Comptroller General of the Nigerian Prisons Service (NPS), Mr. Jaafaru Ahmed have all visited the North-east since the abduction of the Dapchi schoolgirls.

The IG has aslo come under attack from many Nigerians who have criticised him for not relocating to crises-prone areas as directed by the president.

But even as the IG sets out for the North-east, the Minister of Defence yesterday debunked a media report that he gave a timeline of two weeks for the rescue of the Dapchi schoolgirls.

A statement by the minister’s spokesman, Colonel Tukur Gusau, said that at no time did the minister say such a thing when he appeared on a Channels Television programme, Dateline Abuja, at the weekend.

According to the statement, “The attention of the Minister of Defence, Mansur Dan-Ali has been drawn to a news item currently circulating on some news media platforms quoting him as saying on Dateline Abuja, a Channels Television interview programme which was aired at the weekend, that the abducted Dapchi schoolgirls will regain their freedom in two weeks. “It has therefore become necessary to put the minister’s comment on the issue in proper context, in view of the expected public interest and possible mischief that may be created in certain partisan quarters. “It should be stated that when he was asked to give a timeline for the girls’ rescue, the minister emphasised that

government had intensified efforts and deployed considerable manpower sufficient enough to raise hopes but being a purely operational matter, it would be absolutely unfeasible and impracticable to give a specific timeline for the eventual freedom of the abducted girls. “The minister had said that ‘it can be earlier, maybe a week, it can be two weeks, but we are on it, and I’m telling you with all sense of sincerity that we are closing in on them’. “The minister was mindful of the prevailing high public anxiety over the girls’ safety so he was very careful in answering the interviewer’s question about giving a specific timeline because of the delicate nature of the issue. “The timeline he talked about was strictly an operational timeline which was to determine the progress of the ongoing search by the defence forces but definitely not a timeline for the girls’ freedom because of the delicate emotional fallout it could have on the girls’ parents and loved ones.�

Also speaking to THISDAY on the issue yesterday, DanAli assured that the federal government was doing everything necessary to secure the release of the girls soon.

AI: Army, Police Were Unresponsive Meanwhile, Amnesty International, in a statement yesterday, yet again indicted the security forces in the country, saying officers of the Nigerian Army and the Nigeria Police failed to act on advance warnings that a convoy of Boko Haram fighters was heading towards Dapchi where the girls were taken from their school on February 9.

Accordingly, Amnesty called on the president to investigate the failure of the security forces to respond while Boko Haram fighters conducted an armed raid on

Government Girls’ Science and Technical College in Dapchi, Yobe State.

In the statement issued by Amnesty’s Country Director, Ms. Osai Ojigho, the human rights body described the armed raid by Boko Haram on Dapchi as the “chilling echoes of the infamous Chibok girls’ abduction of 2014�.

Amnesty said it sponsored a team of researchers that visited Dapchi and interviewed 23 persons, including the girls who escaped, parents of the abducted girls, local officials and eyewitnesses to document the abduction.

It added that three security officials were interviewed and each of the sources independently verified a list of Nigerian security officials who were alerted on February 19 before and during the raid on the school, adding that they have been kept anonymous for their safety.

Contingent on these findings, Amnesty said the Nigerian authorities “must investigate the inexcusable security lapses that allowed this abduction to take place without any tangible attempt to prevent it�.

As a greater priority, the international human rights body said the federal government must use all lawful means at its disposal to ensure that the girls are rescued. “The authorities appear to have learned nothing from the abduction of 276 schoolgirls in Chibok, Borno State in 2014 and failed to ensure protection for civilians in North-east Nigeria, specifically girls’ schools. “Evidence available suggests that there are insufficient troops deployed in the area and that an absence of patrols and the failure to respond to warnings and engage with Boko Haram contributed to this tragedy.

The security forces have failed in their duty to protect civilians, just as they did in Chibok four years ago.

Despite being repeatedly told that Boko Haram fighters were heading to Dapchi, it appears that the police and military did nothing to avert the abduction,� Amnesty International stated.

The body further lamented that families of the abducted girls were left without any information. “The abduction was followed by confusion.

Initially, the authorities denied any girls were abducted. Then, the Yobe state authorities stated that the military had rescued the girls. “But the girls did not return home. On February 22, the state government confirmed the abductions. ‘That night we heard their voices when they were being taken,’ the state government said, ‘but there was nothing we could do. Everyone was scared.

Boko Haram did not stay in the town for more than one hour’,� the body added.

Amnesty also recounted the account of one of the parents, who described how the girls’ relatives were not given any information until the following day and had to wait outside the school to find out if their loved ones were safe. “Many parents were hopeful that their daughters were inside. ‘We stood there from morning till around 5.00 p.m., when they let the students out. It was at that point it dawned on me that my daughter was among those abducted,’ one parent informed us,� said Amnesty.

Another parent was quoted in the statement as saying: “Nobody told parents officially that their daughters were taken. While I was glad seeing my daughters, I felt bad for other parents whose daughters could not be found. “Response to this abduction has chilling similarities to the abduction of 276 schoolgirls in Chibok, Borno State in April 2014.�

On that occasion, according to Amnesty, the military also had four hours advance warning but failed to take the immediate action needed to stop it, with most military personnel withdrawn shortly before the abduction.

Similarly, it said the abduction was followed by a climate of confusion and suspicion, which appeared “to slow down the authorities’ efforts to locate and free the abducted girls�. “After the Chibok abduction, the military initially said that almost all the abducted girls had been rescued, but later had to retract that statement. “The authorities under President Jonathan originally investigated Boko Haram’s responsibility for the Chibok abductions but never made the report public. In January 2016, President Buhari ordered another investigation into the government’s response to the Chibok abduction. This report was also never made public. “Regrettably, no lessons appear to have been learned from the terrible events at Chibok four years ago.

What happened in Dapchi is almost a carbon copy of what happened in Chibok, with the security forces failing to respond to warnings – and the same result for another hundred girls and their families,� the human rights body noted.

It said all authorities should now work together to ensure the girls are brought home safely and this never happens again, adding that the Dapchi abduction was a “war crime and those responsible must be brought to justice�.

As a first step, however, it said the two reports into the Chibok abductions should be made public.

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NEWS

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

Dogara Backs Nigeria’s Restructuring The Speaker of the House of Representatives, Yakubu Dogara, has expressed support for the auditing and restructuring of the existing federal system to give a sense of belonging to all Nigerians.

Dogara spoke yesterday in Abuja at the third annual political summit on, ‘Reforming the Nigerian Federation: Which Way Forward,’ organised by the Save Democracy Africa.

He said for true federalism to be achieved in Nigeria, a unique system of federalism that best suited Nigerian people and the local circumstances in the country

should be created.

He added that this would be, in addition to having leaders who were visionary, selfless, prudent, intelligent and indefatigable and having integrity and honour.

According to him, the talk of Nigeria’s success or genuine federalism can no longer hold waters, given the state of internal insurgencies, divisiveness, ethnic and religious schism witnessed in several parts of Nigeria. “Efforts at wishing away the problem associated with the Nigerian federation have only resulted into several tribal, ethnic and religious

Private Sector to Play Advisory Role in National Food Security Council  Omololu Ogunmade Ă“Ă˜ ĂŒĂ&#x;ÔË The presidency said yesterday in Abuja that the private sector would be accorded an advisory role in National Food Security Council to be inaugurated and chaired by President Muhammadu Buhari next week.

The council will among others, evolve sustainable solutions to protracted crisis between farmers and herders.

According to an earlier statement by Malam Garba Shehu, Senior Special Assistant to the President, Media and Publicity, the broad objectives of the council would include: developing sustainable solutions to farmers– herdsmen clashes; climate change, desertification and their impact on farmland, grazing areas and lakes, rivers and other water bodies; oil spillage and its impact on Niger Delta

fishing communities; piracy and banditry; agricultural research institutions and extension services and the problem of smuggling.

Shehu said: “The council will also take interest in regional and global policies and trends that bear implications for food security in Nigeria.�

He also said yesterday in another statement that the president was aware of the huge interest indicated in the council by the private sector since its composition was announced as well as the reservations expressed by groups that felt left out.

He said the council would be more of a think tank that would focus mainly on policy while various groups from the private sector would be called upon to make sectoral presentations from time to time. “Everybody will be carried along as the council will work closely with all stakeholders,� he assured.

Saraki: I Have Nothing to Do With APP Chairman Senate President, Dr. Abubakar Bukola Saraki, has denied any link with a newly registered political party, Action Peoples Party (APP).

Saraki in statement by his Special Adviser on Media, Yusuph Olaniyonu, said he also has nothing to do with the party’s Chairman, Mr. Ikenga Ugochinyere.

He said when Ugochinyere resigned as his Special Assistant on Youth Affairs on October 3, 2017, he had stated in his resignation letter that he had formed a political party and he would want to nurture it.

The statement read: “Our attention has been drawn to reports by some news platforms that described Mr. Ikenga Ugochinyere,

the Chairman of a political party known as “APP� as an aide to the President of the Senate, Dr. Abubakar Bukola Saraki. “Please note, that in a letter of resignation addressed to President of the Senate, and dated October 3, 2017, Ugochinyere, who was then President of the National Youth Council of Nigeria, said he had formed a political party and would be resigning his position as Special Assistant on Youth Affairs. “In this regard, we ask that all platforms be guided in their reporting of the activities of Ugochinyere and his party, and refrain from including ‘Saraki’s’ name in any of such related stories.�

movements that have even metamorphosed into terrorist syndicates. “One can, therefore, no longer fold his arms but engage some of the issues that have confronted us as a country and threatened the federation. “This forum provides one of the opportunities for such interrogation. Accordingly, I commend the organisers for bringing this issue to the front burner once again. “That Nigeria could survive despite predictions to the contrary by the world powers not only portrays a ray of hope, but also demonstrate that Nigerian federation has come to stay. “It is therefore incumbent on us to fashion out our

own type of federalism that is best suited to our people and to local circumstances.

There should be genuine efforts to build the nation. “Therefore ethnic, religious and sectional agenda should take back place. The essence of federalism is to foster unity and development.

This has, however, not being achieved. “Consequently, the recruitment processes of our elective office holders are being re-visited in the Electoral Amendment Bill to ensure that the system is able to recruit the best at all strata of leadership. “We need leaders who are visionary, selfless, prudent, intelligent and indefatigable and having integrity and

honour,� he said.

He added that the current National Assembly had shown enough determination, in its several initiatives, to ensure that the federation of Nigeria was managed effectively for the good of every citizen.

Dogara, according to the News Agency of Nigeria (NAN), said to take Nigeria to its pride of place, a reorientation of Nigerians to confront the political and economic malaise they faced should be addressed.

This, he said, would be along with every other possible measures to take Nigeria to where it rightly belonged among the comity of nations given its population, huge and rich

minerals and agricultural resources. “There should be massive awareness to change the mindsets of the rulers and the ruled. This is where there is the need for proper education and awareness for both the rulers and the ruled. “I challenge our tertiary institutions to break the disconnect between them and the political institutions and industries.

He said this would fashion out the appropriate curriculum to drive the new orientation to confront our political and economic malaise and lead cutting edge research in providing correct local solutions to our diverse problems.

MAY HIS SOUL REST IN PEACE

L-R: Governor of Bauchi State, Mohammed Abubakar; Senate President, Dr. Abubakar Bukola Saraki; former Governor of Bauchi State, Isa Yuguda; Deputy Senate President, Ike Ekweremadu; and Senator Sani Ahmed Yerima, when the senate president led the Senate leadership to commiserate with the family of late Senator Ali Wakili in Bauchi ....yesterday.

CBN Dep Gov Nominees, Others Undergo Senate C’ttee Screening Likely to be confirmed on Wednesday Damilola Oyedele Ă“Ă˜ ĂŒĂ&#x;ÔË The Senate Committee on Banking and Financial Institutions, yesterday screened President Muhammadu Buhari’s nominees for Deputy Governors of the Central Bank of Nigeria (CBN), Mrs. Aisha Ahmad and Mr. Edward Adamu.

The committee also screened the nominees for the Monetary Policy Committee (MPC) of the apex bank. They are Professor Adeola Festus Adenikinju, Dr. Aliyu Rafindadi Sanusi, Dr. Robert Chikwendu Asogwa and Dr. Asheikh A. Maidugu.

The confirmation for the nominees is likely to be adopted on Wednesday at plenary.

Ahmad, who appeared first before the lawmakers, fielded questions on financial topics such as the economy, foreign exchange, high interest rates and others. “One of the key challenges that we face is caused by our

over reliance on oil and our sensitivity to changes in the price and the availability of oil. So the real action that we need to take is to diversify our economy and the sources of forex. It is a simple demand and supply situation. If you have a high demand and the supply is not there, there will be an issue with the pricing,� she said.

Ahmad also harped on the need for the development of Small and Medium Scale Enterprises (SMEs) which can be harnessed through easy access to funds among other initiatives of the CBN. Adamu, who was not grilled by the lawmakers, was simply asked him to ‘take a bow’.

The Chairman of the Committee, Senator Rafiu Ibrahim, disclosed that he had received 59 text messages from mostly medium and junior cadre staff of the CBN, urging the committee to confirm Adamu. “This speaks a lot about you at your level,� he said.

Senator Samuel Anyanwu said the nomination of Adamu is something that the presidency has gotten right. “For the first time, the president has gotten it right by bringing an insider who has done well. You (Adamu) have done well and people like you should be encouraged,� the senator said.

A member of the committee, in an informal conversation with THISDAY, said the Senate is likely to confirm the nominees next Wednesday.

The screening followed last Tuesday’s resolution by the chamber to make a concession to consider and confirm the CBN nominees so as to ensure that the MPC forms the required quorum at its next meeting.

The nominees for deputy governors are being confirmed alongside others because they are members of the MPC. The MPC was unable to hold its meeting last January because

it could not form a quorum.

This arose from the July 2017 resolution of the Senate to suspend all confirmation processes for presidential nominees whose offices are not specifically listed in the 1999 Constitution.

The resolution was made after Vice-President Yemi Osinbajo, by his remark, deepened the rift between the Senate and the executive arm of government over the rejection twice by the Senate of the nomination of Mr. Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC).

Reacting to the rejection, Osinbajo had said since the EFCC was not specified in the constitution, there was no need to have sent the nomination to the Senate in the first instance.

The Senate thereafter resolved to suspend consideration of all such nominees, pending the legal determination of its power of confirmation.

T H I S D AY ˾ TUESDAY MARCH 20, 2018

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COMMENT

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

INEC AND THE ELECTORAL OFFENCES COMMISSION The proposed National Electoral Offences Commission will enable INEC focus on its core mandate, argues Adewale Kupoluyi

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ver the years, the nation’s electoral process has suffered one form of calamity or another. These range from rigging, under-age voting, violence, voter’s apathy, ‘godfatherism’ and money-politics, among others. Most times, offenders and their sponsors are hardly apprehended and when they are ever caught, nothing much had been done to curb a reoccurrence. The failure to systematically and consistently enforce sanctions had encouraged impunity and violence that regularly characterised various electoral contests in the country. The recently held public hearing on ‘A bill to establish the National Electoral Offences Commission and for other matters connected therewith, 2017 (SB469)’, which was organised by the Senate Joint Committees on INEC, Judiciary, Human Rights and Legal Matters, signified that with the birth of a new legislation and its proper implementation, our electoral process is likely to record significant improvement in Nigeria.

Let us quickly look at the main features of the proposed bill. The Nigerian Electoral Offences Commission is to be headquartered in Abuja is to compose of a chairman, who is the chief executive officer and accounting officer and 12 other members known as national commissioners. The removal or suspension by the President must be approved by either a confirmation by Senate or on a motion supported by two-thirds majority votes of the Senate. The Office of the Chairman or member of the commission would become vacant on the attainment of 70 years of age or becoming a member of, or holding an office, or employed by any political party, among other conditions.

Functions of the commission include the investigation, enforcement and prosecution of all electoral malpractices and offences created under the 1999 Nigerian Constitution (as amended), Electoral Act, 2010 (as amended) or any law relating to electoral offences. The commission is to be responsible for the sensitisation, enlightenment and orientation of the public. Powers of the commission would include the ability to investigate and prosecute any persons suspected to have conspired to commit an electoral offence or had already committed one. The commission has the power to seize any property that is used, or is suspected to have been used to commit an electoral offence. Main sources of funding the commission would include monies approved and appropriated by the National Assembly, monies lent or granted to the commission by the government of the federation, a state or local government and charges paid to the commission pertaining to the registration of political parties, grants of licenses, permits and authorisations, among others.

Officers of the commission that are investigating or prosecuting electoral offences are given the powers and immunities of the police under the Police Act. They are empowered to examine persons, order any person to produce a book, document or certified copy thereof or written notice that can assist during investigations. The chairman of the commission has the power to direct any officer of the commission to obtain a court order to enter premises, inspect a book, search a person, stop, search or seize any vehicle or conveyance. Anyone that resists officers in the course of performing their duties would be punished while persons who fail to disclose or to give relevant information in response to the commission’s directive, on conviction, would be liable to a fine of N1,000,000 or to

INEC IS BEING DISTRACTED BY TOO MANY COURT CASES. CURRENTLY, THE COMMISSION IS SAID TO BE FACING MORE THAN 1,000 LAW SUITS, ARISING FROM THE 2015 GENERAL ELECTIONS ALONE, HENCE, REMOVING THE PROSECUTION OF ELECTORAL CONFLICTS FROM INEC WOULD CERTAINLY MAKE THE ELECTORAL UMPIRE MORE EFFICIENT AND EFFECTIVE

imprisonment for a term not exceeding one year or both.

The bill also provides that any person, who immediately before the commencement of the act, is a staff of INEC and handles issues relating to the investigation and prosecution of political offences should continue in office while any proceeding pending before any court immediately before the coming into force of the bill would be continued and completed as if this bill had not been made. The functions conferred on INEC in relation to the prosecution of electoral offences and other matters related to the electoral act would now be exercisable by the commission from the date of its commencement.

Many Nigerians and bodies have applauded the move to put the bill in place. For instance, the INEC Chairman, Prof. Mahmood Yakubu, had described the proposed establishment of the commission as a good development with the potential to greatly enhance the quality of the nation’s electoral process. According to him, the consideration and passage of the bill was long overdue, based on the earlier advocacy by two committees set up by the federal government; the Electoral Reform Committee (Justice Mohammed Uwais Report of 2008) as well as the Committee on the Post-election Violence (Sheikh Ahmad Lemu Report of 2011). Presently, INEC is saddled with the responsibility of prosecuting electoral offenders through its legal officers or any legal practitioner as appointed but this arrangement appears weak because the authority to act had been hampered by lack of powers to arrest and investigate offenders, which made INEC to always depend on the police. Therefore, the inability and incapacity to make arrest and investigate violations make the prosecutorial role completely limited. What this means is that INEC cannot adequately focus on the role of prosecuting electoral offenders given the various responsibilities assigned to it under the 1999 Constitution and the Electoral Act. Furthermore, INEC is being distracted by too many court cases.

Currently, the commission is said to be facing more than 1,000 law suits, arising from the 2015 general elections alone, hence, removing the prosecution of electoral conflicts from INEC would certainly make the electoral umpire more efficient and effective. Not only that, the adjudication process takes such a long period of time that wrong candidates occupy electives positions before the appropriate remedy is made. The coming into existence of the special commission would enable INEC focus more on its core mandates of delivering free, fair and credible elections. The establishment of the commission would help to curtail violence, political thuggery, bribery for voters and all other offences negatively affecting the country’s electoral processes and discouraging decent people from taking part. The speedy passage of the bill would go a long way in improving the electoral process, especially as the 2019 elections draw closer.

However, as the National Assembly works towards the quick passage of this important bill, there is the need to pay closer attention to some areas. These include the composition of members, appointment of the secretary to the commission, specificity of size, concepts and responsibility of departments and the imperative of the inclusion of representatives of special action groups such as civil society, media and the bar.

Kupoluyi wrote from Federal University of Agriculture, Abeokuta

THE TASTE OF PPP PROJECTS IN NIGERIA Steve Omolale contends that much more needs to be done to make PPP arrangement healthy

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he major evolving economic policy suitable to fast-track infrastructure development of countries in the world today is the Public-Private Partnership (PPP). This policy has been adopted and put into effective use by many countries, leading to a massive leap in quality infrastructure availability. However, Nigeria has not fully embraced PPP despite its enormous benefits. In fact, the Managing Director, Nigerian Sovereign Wealth Investment Authority (NSWIA), Mr. Uche Orji, told a public hearing organised by members of the House Committee on Works that the country requires $35billion yearly over the next six or seven years to bridge its massive infrastructure gap. But, the simple question is, where does the government alone get this kind of humongous amount from with the current parlous state of the economy? The answer is simple: through PPP. However, despite the fact that the private sector in the country has consistently demonstrated its readiness to partner with the government to tackle its many infrastructure challenges, deliberate efforts have been made by government officials to frustrate such patriotic gestures. This much was confirmed at last year’s Quarter Three Edition of Aviation Round Table (ART) by no other persons than the Minister of Information, Culture and Tourism, Alhaji Lai Muhammed and the Chairman, Resort Group, Dr. Wale Babalakin (SAN), who identified the major problems militating against private investment in Nigeria as inadequate education among government officials about the issues in PPP, lack of legal framework, inconsistent government policies and failure to honour agreements validly entered into, among others.

According to them, until these problems are resolved, there would always be dearth of the expected direct investments, both locally and internationally, which

are needed to bring the country’s economy out of the woods. The two prominent Nigerians should know better, because while one is a minister of the Federal Republic, the other is a leading private investor, who is experiencing the worst form of hostility in the hands of government officials over his investments in some sectors of the economy.

However, despite the gloom and the needless controversies surrounding successive PPP projects in Nigeria, one that has really demonstrated the resilience of the private sector is the Murtala Muhammed Airport Terminal Two, popularly referred to as MMA2, operated by Bi-Courtney Aviation Services Limited (BASL), a member of the Resort Group. The large number of awards BASL had garnered with MMA2 over the last 10 years, the latest being the Independent Newspapers’ Outstanding Aviation Terminal Operator of the Year 2017, is a clear manifestation of the way the private sector can deliver efficient services, if allowed to flourish. This much was attested to by Muhammed when he said at the same ART forum: “If MMA2 is a mistake, it is a good mistake and I want that kind of mistake replicated all over Nigeria�. But, will vested interests who believe their illegal means of livelihood are being blocked by the private investors allow such a “mistake� to be replicated, for instance?

In its letter to Babalakin, announcing his nomination for the prestigious award, the Managing Director/Editor-in-Chief, Independent Newspapers Limited, Mr. Ade Ogidan had said, “We note that through your company, Bi-Courtney Limited, you applied for the concessioning of the Lagos Domestic Airport, the Murtala Muhammed Airport 2, after the airport was razed by fire. Indeed, nobody gave the project a chance as it was considered too cumbersome for the capacity of a private investor. However, within three years of the concessioning and in the

face of serious hostility and inconsistency on the part of the government, Bi-Courtney Limited completed the new domestic airport, which is now famously known as MMA2. “This airport terminal has been variously described as the best in Nigeria today and certainly the first airport terminal to be built in Africa with private funds without any support from the government.

The terminal, constructed under the Build, operate and Transfer (BOT) agreement with the government is acclaimed to be the most modern, functional and well-run domestic terminal in sub-Saharan Africa.�

Besides, the Nigerian Aviation Awards (NIGAV) has also announced MMA2 as the Most Functional Airport Terminal of the Year 2017. This is the second straight year that the terminal would win the award.

This is apart from streams of regular commendations from users of the terminal from time to time. Even the most critical stakeholders agree that the awards and commendations are well deserved, although they are not coming on a platter of gold. They are as a result of 75 per cent of deep thinking/planning and 25 per cent of implementation and that is what a serious private investor does. But that is where the sweet story ends. The bitter aspect is that for the past 10 years that MMA2 has been in existence, it has been a rough ride. Despite losing 50 per cent of its revenue through the General Aviation Terminal (GAT), which is part of its 36 years concession by virtue of the Exclusivity Clause in the concession agreement, BASL has continued to squeeze water out of the rock to sustain MMA2 with the provision of excellent services, by ensuring that no single total blackout at the terminal in over 10 years, by providing seamless passenger facilitation, by keeping the environment around the terminal clean and by making sure all it does there meet international standards. No airport terminal in the whole country

offers such excellent services.

In fact, the Acting Director-General of Infrastructure Concession Regulatory Commission, Mr. Chidi Iwuzah, had during the monitoring visit of the commission to MMA2 in January praised BASL “for the efforts made so far in ensuring MMA2 lives up to its status as a model PPP aviation terminal.

We therefore want to encourage you to continue to do more and ensure efficient service delivery to Nigerians and foreigners alike�, adding that the commission would resolve all the issues surrounding its concession, which were deliberately created to frustrate it.

The challenges earlier enumerated, such as lack of a clear understanding of the issues involved in PPP by government officials, the propensity to jettison agreements validly entered into and introduce sentiments instead, selfish interests rather than national interest, refusal to obey court orders, lack of legal framework and inconsistent government policies, among several others, are the sordid experiences many private investors have had to contend with; all this produces the bitter taste of PPP in Nigeria, which must change if we are desirous of closing the wide infrastructure gap.

Indeed, it is not like this in other climes. Many countries in Europe and America have since embraced PPP, and they are better for it today.

Many developing countries are also embracing the model because of its numerous advantages. In fact, the Jamaican government published the initial PPP Policy documents, popularly called PPP3, in 2012, which has led to the government divesting its large interests from the Sangster International Airport, Highway 2000, and the government-owned sugar factories and estates.

Omolale is the Head, Corporate Communications, BASL

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EDITORIAL LAWMAKERS AND THEIR RUNNING COSTS The cost of running government is excessive

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or years, the sheer lack of transparency that shrouds the remunerations of National Assembly members and the magnitude of their ďŹ nancial outlay had been an issue. Despite repeated promises to make open to the public what they earn, they have always hedged and for the past 20 years Nigerians, have had to rely on speculations on the pay of their representatives. All that changed last week when Senator Shehu Sani (representing Kaduna Central) revealed that each senator receive as much as N13.5 million on a monthly basis as ofďŹ ce running costs, in addition to a N700,000 monthly salary.

Although the Senate spokesperson, Senator Sabi Abdullahi, has tried to play down the revelation by saying that it is nothing new, he did not address Sani’s charge that there is little or no accountability for the expenditure of the funds and that the National Assembly is one of the most non-transparent arms of government. While the earnings for memWE MUST ALSO PUT IT bers of the House of ON RECORD THAT THIS Representatives are SORT OF OUTRAGEOUS yet to be revealed, it PAY IS NOT RESTRICTED is safe to assume it TO THE LEGISLATURE. is close to what their THE EXECUTIVE IS ALSO ‘senior’ colleagues GUILTY, BOTH AT THE earn, assuming they FEDERAL AND IN THE are not the same STATES since they always claim equality. That explains why majority of Nigerians agree with Sani that “if the expenses payment system was ended, then parliament would only be attractive to people who contribute ideas.�

While most people are curious as to what informs Sani’s sudden change of attitude after close to three years of receiving over N170 million annually, the most important thing is to look at the message rather than the messenger. What the

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revelation has done is to conďŹ rm that Nigerian lawmakers are indeed the highest paid in the world. With 109 senators earning close to N170 million each, outside any other perks, (as well as that of their 360 counterparts in the lower house), the nation is obviously expending a fortune on its lawmakers without any commensurate value for money in terms of their performance.

At a period when there is a compelling need for the lawmakers to ensure robust, painstaking and timely legislation and oversight so that Nigerians can begin to derive the beneďŹ ts of good governance, the only thing that seems to concern them is their privileges. And, as we stated during the controversy over the purchase of jeeps for the lawmakers, this session of the National Assembly, especially the Senate, is about to set the standard on how a legislature can become a subversion of all the ethical aspirations that ought to drive a society.

However, we must also put it on record that this sort of outrageous pay is not restricted to the legislature. The executive is also guilty, both at the federal and in the states. Former Anambra State Governor, Mr. Peter Obi, once said that Nigerians would be shocked to know how much governors earn monthly. Yet, we are talking of a society where hunger has become a staple for majority of the people. By diverting scarce resources to a few private hands at the expense of much needed projects such as schools, hospitals, roads and reliable institutions, poverty is being reinforced.

The most important message here is that it is these outrageous perks that have made political ofďŹ ces very attractive to all kinds of desperados - people who have no inkling of patriotism but motivated mostly by self-interest. That explains why many of them would commit all sorts of atrocities just to get to power, mindful of the fact the coveted ofďŹ ces cast some sort of immunity on them. And unless we change that by reducing the monetary gains of political ofďŹ ces, our elections would continue to be a “do or dieâ€? affair.

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.

PEACE CORPS BILL: MATTERS ARISING

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write with reference to a recent article, ‘’PEACE CORPS BILL AND MATTERS ARISING’’, which appeared on Friday, March 9, 2018 and authored by one Mr. Carl Umegboro.

First and foremost, before we correct some erroneous impressions created in the aforementioned article, permit us to offer a gratuitous advice to those currently gloating and even popping champagne that the end has come for the Peace Corps of Nigeria simply because the President, against wise counsel, elected to dampen the enthusiasm of Nigerian youths: The corps will bounce back stronger after this current travail. Refusal of presidential assent to the NPC Bill does not automatically translate into the proscription of the PCN, a corporate entity that was duly registered with the Corporate Affairs Commission (CAC) under the Companies and Allied Matters Act of 1990 Part C. For an already existing organisation like the Peace Corps of Nigeria, which has been doing wonderfully well in spite of several paralysing constraints epitomised in paucity of funds and a cruel conspiracy of detractors in high places to hound it out of existence, the promoters of the corps felt it was only logical to give it a statutory backing through the instrumentality of the NPC Bill.

A critical analysis of Carl Umegboro’s piece under reference will reveal that indeed the voice is that of Jacob, but the hand is obviously that of Esau (the sponsors).

One of the lies the author peddled and celebrated with so much gusto is that ‘’incidentally, the Peace Corps Bill aimed at establishing the organisation to perform the same duties delineated for the

police was rejected by the President’’. Quite unfortunate indeed!

If an armchair critic like Carl Umegboro had done his homework well and taken the pains to study the statutory functions of the Police and that of Peace Corps, which are contained in the NPC Bill, he would have known that there is no similarity of functions between the two organisations.

Equally distasteful is Umegboro’s hasty conclusion that the ‘’duplication of security agencies without clearly spelt out duties is unconsciously calling for a catastrophe’’. For the sake of emphasis, peace corps is not a security organisation. It is a youth based organisation totally devoted to nation-building, volunteerism and youth empowerment, which explains why it is domiciled under the Federal Ministry of Youths and Sports Development.

If not mischievousness, how could anyone who has taken time to study the functions of the peace corps, which are: to empower, develop and provide gainful employment for the youths, to facilitate peace, volunteerism, community services, nation-building, neighbourhood watch and other related matters, declare with magisterial impudence that these functions are either not clearly spelt or that they bear any form of resemblance to the functions of any existing security agency in Nigeria?

Similarly, the peculiarity of the functions of the corps informed the posting of its personnel to schools and colleges. And to further underscore the fact that the peace corps is not a security organisation as continually alleged by our fast vanishing tribe of antagonists, it is necessary to place it on record that the corps as a non-arms bearing organisation does not have the powers of

arrest, investigation, detention and prosecution. Because of the ubiquitous presence of its personnel in all nooks and crannies in Nigeria, the corps is strategically positioned to perform the duties of community policing, which is seen as the panacea to the nation’s worsening security challenges.

For the author to also conclude that ‘’an agency proposed to exist under the executive arm cannot suitably be a product of private sponsored-bills’’, exposes how ignorant the writer is as far as Nigeria’s recent history is concerned. The questions to ask are: are Nigerian Security and Civil Defence Corps (NSCDC) and Niger Delta Development Commission (NDDC) not products of privately-sponsored bills? Also, the bill establishing the Federal Roads Safety Corps (FRSC), an agency founded by Prof. Wole Soyinka was privately-sponsored. Are they not functioning today under the executive arm of government? Why should the Peace Corps Bill be seen in a negative light?

Another point worth stressing is that once a bill passes second reading, it automatically makes it the bill of the parliament and the only known parliamentary consultation that is known worldwide is public hearing which bills are subjected to. In the case of the NPC Bill, over 574 memoranda and oral presentations were made during the public hearing. Virtually all the memoranda and presentations made by religious organisations, traditional rulers, ministries, and agencies, state governments, state Houses of Assembly, civil society organisations, youth and student bodies participated in the public hearing and supported the bill.

Rogers Edor Ochela, Gwarinpa, Abuja

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POLITICS

Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 07054786260 SMS ONLY

EXECUTIVE BRIEFING

Anambra: Key to APGA’s Survival The survival of the All Progressives Grand Alliance rests squarely on Anambra State where it has consistently maintained its hold on power, writes Chineme Okafor

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he All Progressives Grand Alliance (APGA) made history last Saturday in Anambra when the incumbent governor Chief Willie Obiano took the oath of office for his second term. With this victory, the state has witnessed three consecutive APGA to APGA transition in the last decade.

The party also won the rerun election into the Anambra Central Senatorial District conducted last January. The party’s candidate, Chief Victor Umeh secured the feat by winning in all the local government areas in the senatorial district.

One thing that is of great interest is the fact that APGA has survived the exit of a key political gladiator and one regarded as its life-wire, the late Ikemba of Nnewi, Chief Emeka Odimegwu Ojukwu. It had also withstood many leadership conflicts in its short life span. Despite all the challenges, APGA has continued to maintain its ground and dominate the electoral contest in Anambra state.

Apparently satisfied with the performance of the party, the Anambra state governor said that APGA would strive to secure victories in Zamfara, Nassarawa, Abia and Imo states in future elections.

He said: “Of course we are our brothers and sisters’ keepers and we want to make sure we continue to do so. I am confident that after my election, the subsequent elections will bring many more APGA governors from Zamfara, Nassarawa, Abia, Imo amongst many other places and APGA family will grow from strength to strength”.

Just before he went into the governorship election, Obiano carried out an appraisal of his stewardship since assuming office in 2014, and concluded that: “In less than three and half years, virtually all the communities in Anambra state have felt our presence to the tune of N40million. So we want to do more, so that by the time my 8 years is done every community would have very significant infrastructures. This is aside from the roads that we are building, the street lightning that we are doing. In Anambra now virtually all the roads are lit and we have continued to do more.

“We are going to actualize the vision we have for Anambra and that will make the state to be the first choice in investment destination for economic and commercial activities and the mission when we go to work is to create a socially stable and business environment where indigenes and non indigenes can have the opportunity to create wealth. That’s our vision. If you check my mission and vision so far, you will see that substantially we have achieved that.

“My dream when I finish my 8 years as governor is that Anambra will be self sufficient in revenue sources and will not be dependent on Abuja. I have achieved that 65% already and in the coming years I will be able to fully do that and that’s the only way to move the process; making everybody productive, getting people to generate economic activities and creating wealth”.

The party which got its first imprint in the political landmark of the country when it’s candidate Peter Obi emerged victorious after a dogged legal battle to reclaim governorship seat from the Peoples Democratic Party’s candidate, Dr Chris Ngige in 2007 has maintained a winning streak in Anambra.

APGA came into being as a political party in Nigeria in 2003. At the legislative elections held on 12 April 2003, the party won two out of the 360 seats in tthe House of Representatives and no seats in the Senate. Its candidate at the presidential elections of 19 April 2003, Chukwuemeka Odumegwu Ojukwu, won 3.3% of the vote cast. The first tenure of the APGA’s administration in Anambra state led

APGA National Chairman, Victor Oye

by Obi was largely tumultuous, trailed by political intrigues and mudslinging between APGA and the PDP. At the same time, the party at the national level was engaged in a bitter legal tussle between the then national chairman, Chief Victor Umeh and its pioneer national chairman, Chief Chekwas Okorie.

Perhaps, this unstable state of affairs in the party accounted for its inability to significantly improve on its fortunes during that period.

Another attempt by APGA to make a further inroad into the south east by capturing the

APGA has remained unwavering in its determination to pursue an ideology of nationalism and true federalism through restructuring and decentralization of powers

governorship seat in Imo state was however short lived. In the gubernatorial election held in April, 2011, Chief Rochas Okorocha (APGA) was elected governor of Imo state, polling 15% more votes than incumbent governor Ikedi Ohakim (PDP). However, Okorocha joined other opposition parties to form a new merger party, the All Progressives Congress (APC). The party had to contend with the unenviable status of being regarded as a regional party because at that time it never won elections outside the South east zone while its leadership was made up largely of persons from the Igbo extraction.

But APGA has remained unwavering in its determination to pursue an ideology of nationalism and true federalism through ensuring restructuring and decentralization of powers. It has also refused to align with other political parties in a manner that could make it lose its identity or be subsumed under a new nomenclature. Although the party was not able to field a presidential candidate in the last two general elections, it nonetheless remained a force to be reckoned with in the political equation of the country.

It has managed to retain the third position behind the two big parties, APC and PDP with only one state in its kitty. However, things appeared to be looking up for the party in recent times and the perception of an Igbo party is giving way to an emerging new entity ready to take on other frontline parties in an election.

In the last two years, the fortunes of APGA seem to be on resurgence. The party has notched up several electoral victories under present national executive of the party led by the National Chairman, Chief Victor Ike Oye. While disagreeing with those who call APGA a regional party. Oye said the party had adequately positioned itself as a national party by wining election almost four of the six political zones in the country. For instance, he said that APGA has secured victories in states outside of the south east including Bayelsa and Taraba states and the Federal Capital Territory. He is of the view that the party’s chances of expanding its scope beyond the Anambra enclave is very bright given the level of interest people have shown in the performance of APGA-led administration .

Beyond that, the APGA national chairman also tackled critics of the party’s administration in Anambra state, particularly those who were wondering what the state stands to gain by the re-election of Obiano. He said that he was very happy the way things have turned out for the people of Anambra state because they are in for good times. “The next four years is going to be full of action. At least we are sure of an international airport in Anambra in the next three years. So if you want to fly to America just a fifteen minutes drive to the airport instead of going to Enugu thinking of how to get to Lagos and America.

That journey alone will be enough for you to travel half way to America”.

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PERSPECTIVE

Ugwuanyi: The Prudent Governor Turns 54 Sensible deployment of resources is what distinguishes the administration of Ifeanyi Ugwuanyi of Enugu State from the rest, writes Lawrence Ani

C

oming at a time the “Not-TooYoung-To-Run” campaign has gained some traction in the media, there is a sense in which the birthday of an elected public officer may invariably serve as an assessment backdrop.

Of course, while the experience in the case of Gov. Ifeanyi Ugwuanyi of Enugu State who turns 54 today may hint at the benefit of youthful zest in politics, it is nonetheless a reminder that political office is never offered on a platter - it is often earned. Prior to his election as Enugu State’s helmsman, he had earlier been elected thrice to the House of Representatives, the first time while in his early 40s.

So, how was a youth with a work experience entirely honed in the private sector able to defeat more established individuals that flaunted intimidating political resumes? The answer lies in understanding the power of the grassroots, their challenges, and the importance of earning their trust and realizing just as well that personal involvement in politics is the surest path to getting elected. That insight nurtured by a keen interaction with the grassroots imbued Ugwuanyi with a worldview where the interest of the people sits always on an enviable perch.

Several ‘hows’ have similarly arisen out of the remarkable accomplishments of the governor. For instance, a Facebook post about the intensive urban renewal being implemented by the Ugwuanyi administration had yielded this from a senior journalist and former editor of The Guardian on Saturday, Mr. Felix Abugu: “There would appear to be so many projects going on simultaneously in Enugu that one cannot but ask: just how does the man do it?” he wrote. “Here’s a N100b budget economy besting the ones with near-to-trillion naira budget economies in virtually every development index. And I ask again: how does he do it?”

I replied that the answer lies in his sensible deployment of resources. This mindset means the paradox of blighted suburban communities - the notion that they are places politicians visit only during election campaigns - has been experiencing a paradigm shift in Enugu with some ambitious urban renewal projects launched across many such neighbourhoods.

This drive is unlike the tokenism which residents of fringe communities had lived with for decades. The current experience is rooted in deep planning, not the perfunctory gestures of the past that lacked both conviction sustainability.

The intervention, as conceived presently, comes with a clear social and economic development plan that incorporates the state government’s immediate, short and long term goals. For instance, the extension of pipe-borne water into parts of Abakpa-Nike arose out of the state’s water board’s expansion of its capacity from 4,000 cubic metres to 18,000 cubic metres. The goal is to achieve 40,000

Indeed, with its status as one of the least recipients of the monthly federal allocations, nothing short of sensible deployment of resources could result in the sort of transformation seen across Enugu State today

Enugu State Governor, Ifeanyi Ugwuanyi

cubic metres by year end and extend water supply to all parts of Abakpa and indeed every neighbourhood in Enugu metropolis and substantially cover other parts of the state.

The renewed vigour is consistent with Ugwuanyi’s often-stated vision to implement an even spread of infrastructural projects to give rural residents a high self esteem, banish feelings of alienation and create new cities to reduce the current pressure on the state capital. “We will continue to direct our policies and projects towards these locations because that is where most of our people reside,” the governor said at the flag-off of a road rehabilitation project at Ngenevu, a high-density suburb straddling the foot of hills across which lies an abandoned coal mine.

This declaration is as much driven by belief in the public good as it is by the knowledge that an improved living condition is an incentive for payment of taxes. Such conviction is at the heart of the N5m-project-for-every-community initiative, a grassroots development programme conceived by the Ugwuanyi administration to ensure government presence in the 450 autonomous communities in the state Indeed, with its status as one of the least

recipients of the monthly federal allocations, nothing short of sensible deployment of resources could result in the sort of transformation seen across Enugu State today and the fact the state has never failed in the payment of salaries and pensions. A little over a year ago, Enugu was actually adjudged one of just three states - including Lagos and Rivers - still able to meet their recurrent obligations in a report published

by BudgIT. Although some may frown at the tendency to laud elected officials for performing functions

For him, there is no better response to cynicism than good governance

that are more or less statutory, however in a clime where the performance of such duties or willingness thereof is on a perpetual decline, the propriety takes on a compelling tone.

That is not suggesting the governor is himself pleased hearing his stewardship spoken of in a manner that might be deemed exhibitionist.

His unassuming outlook baulks at such. But in this social media age defined by so much half truths and outright falsehood that make objective assessments of elected officials a near impossible task, how else can one deal with the emergent public cynicism and not be guilty of self-advertising their principal?

It’s a dilemma Ugwuanyi obviously has no problem resolving. For him, there is no better response to cynicism than good governance.

That is a point he sufficiently proves on a daily basis. It has been quite rewarding experiencing such refreshing philosophy and inspiring work ethic up close. Happy birthday, Gburugburu!

Ani, formerly Editor of THISDAY, The Saturday Newspaper and later Saturday Telegraph, is a senior communications aide to the governor of Enugu State

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FEATURES

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

Abuja’s Oasis of Academic Excellence Olawale Ajimotokan and Omotayo Olaleye report on the philosophy of the British Oasis Academy, Abuja, after sharing some insights with the school’s principal

The British Oasis Academy, Abuja

T

he British Oasis Academy (BOA) is different in all consideration from its contemporaries in the Federal Capital Territory, Abuja.

Unlike secondary schools in its category that are mainly concentrated in Maitama and Wuse, the British Oasis Academy is a full boarding school for boys and girls located in an expansive and serene environment in Peyi, Bwari, to the north of the city centre.

Given its location with excellent transport links, the school is just a drive of about 20-30 minutes from the city and is within the same vicinity as the Nigerian Law School, Abuja Campus.

It was established in September 2013 to teach a combination of Nigerian and British curriculum in broader subjects and to prepare the students for the National Examinations Council (NECO), the West African School Certificate (WASC) and International General Certificate of Secondary Education (IGCSE).

Although it sought accreditation from the British Council for IGCSE and has gotten the visitation by the Department of Quality Assurance (DQA) for senior school accreditation, BOA had the second best result in Abuja for the JSS, WAEC examination in 2016 and also excelled last year.

The school’s principal, Mr. Olurotimi Jiboku, said from the template already laid, he expects nothing than an excellent result from the foundational class now in SS2, in NECO, WAEC and IGCSE exams scheduled for next year.

The school currently has 77 students. It is the only secondary school in Abuja that is affiliated to Trinity College London for graded music examination. Some of the students that undertook the bar certificate passed the examination in Music Theory

at different levels.

Nandi Hirse, a student of British Oasis Academy, was awarded with a distinction in Grade I Theory of Music in the examination

British Oasis Academy is one of the few schools in Abuja that do not run the dormitory system in the hostels. Beyond the typical example where 2030 students are crammed in a hall with bunks, the maximum is four students in a room just like in the tertiary institution. The rooms have two bunk beds each and are fitted with air conditioners. Every room is also ensuite with its toilet, only for those four students who are in that room

held in 2016.

Aside from Trinity College of London certification, students who enroll for the examination will gain Universities and Colleges Admissions Service (UCAS) points towards higher education in UK universities or other institutions worldwide.

Jiboku admitted that the music content is optional and available only for parents that are interested. He said unique performing skills are part of their grooming for leadership in the future.

“So, we do not focus on just academic work alone, because at the end of the day, a typical examiner or a registrar of a university will ask the question, even with brilliant result, ‘what else can you do?’ They will ask them, ‘were you in your school relay team?’ ‘Did you play basketball?’ ‘Did you swim?’ ‘Were you in the Literary and Debate Club?’ Did you do anything else for your school’? They will ask them the questions. So they must be able to at least defend that they are total children. Not just in academics, not just in theory, but we want our student to be able to defend that he/she is a total child.

They should be rounded individuals and that’s what we project,’’ Jiboku said.

He stressed that one of the school’s unique selling propositions is that practical agriculture is mandatory for its students, while Agricultural Science is a common subject for all the students from JSS 1 and 3.

According to the principal, the school has a farm within its compound and the students all go there when it is time to do practical agriculture.

“When they are at home, they don’t have this experience of going to plant and to do other things like that. Last year, for instance, we planted groundnut. Right from the time

when it started to grow, they were able to nurture it and they harvested it. Those groundnuts were taken to the kitchen and they cooked for them and they gave them and they had that as snacks.

“Apart from that they also planted maize.

When it was time for harvest they went there and harvested. I was with them, they removed the maize, the entire process and took them to the kitchen. Right there in the kitchen, they were able to transform it into pap for them, which they had for their breakfast on a Saturday morning.

They don’t have the privilege of doing that at home. Most of them will not have Agriculture as their career, whatever, but at least let them see and appreciate the process. If they now decide they want to do this, then yes, fine,’’ he said.

Jiboku, who boasts of over three decades as an educational practitioner, brings to the running of the school, a wealth of experience in British and Nigerian curricula. Having risen through the ranks to become the Vice Principal at Corona School, Lagos, he worked at Green Springs School also in Lagos, before he joined British Oasis Academy in August 2016. He was named the principal after the expatriate principal, Mr. Johnson, who started the school, left.

Through his meetings with the student representative council, new co-curricula activities such as a ballet club, photography, cinematography, plus Ark and Rainbow Movement, where the students can embark on charity work by reaching out to those from the underprivileged homes, like the prisons and hospitals were introduced, in addition to the traditional clubs like, JETS, Literary and Debating Society and book club.

British Oasis Academy is one of the

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FEATURES Premium is put on the hiring of qualiďŹ ed staff in addition to retraining them to develop optimum quality of the children’s education. The staff were trained a month ago with the British Council for the IGCSE exam. Also three members of the management staff went to University of Leicester in July last year for leadership training, fully sponsored by the school. As a policy all the staff must be university degree holders and be registered with the Teachers Registration Council of Nigeria

Excited students of the British Oasis Academy

Students doing practical in the science laboratory

few schools in Abuja that do not run the dormitory system in the hostels. Beyond the typical example where 20-30 students are crammed in a hall with bunks, the maximum is four students in a room just like in the tertiary institution.

The rooms have two bunk beds each and are fitted with air conditioners. Every room is also ensuite with its toilet, only for those four students who are in that room. The arrangement has reduced the incident of bullying.

Those in a room are of the equal ages while their house parents live within the building themselves.

BOA also has sports facilities for basketball, volleyball, lawn tennis and football. There is a plan for a swimming pool in the second phase.

The school has two academic blocks, each of the two blocks has three floors.

Provision is made for a comprehensive academic library and laboratories for Home Economics, Science and Intro Tech, all manned by qualified teachers.

For every class, there are not more than 20 students, to enable the teachers have a one-on-one supervision with them. The school also has a clinic by the reception area.

A resident nurse, who got her qualification in Ukraine, attends to the students. The school has also registered with Gwarimpa

Principal, BOA, Mr. Rotimi Jiboku

The school Clinic

District Hospital so that it can quickly act in case of a referral. “What most of our parents do is that anytime we have an issue and they need clarification, they will let us know and they will arrange to take the child to their own hospital, if there is anything they need to address. If there is nothing like that, we treat it in school and we just let them know that it’s being addressed, that's all. Our nurse got her nursing qualification from Ukraine.

When she came here, she registered with the district hospital. We have everything in place enough for first hand treatment,�

Jiboku stressed.

Premium is put on the hiring of qualified staff in addition to retraining them to develop optimum quality of the children’s education.

The staff were trained a month ago with the British Council for the IGCSE exam. Also three members of the management staff went to University of Leicester in July last year for leadership training, fully sponsored by the school. As a policy all the staff must be university degree holders and be registered with the Teachers Registration Council of Nigeria (TRCN).

It is also compulsory for the students to participate in sports every day. They have a roaster for that and they are involved in either tennis, basketball or football and by the time they graduate they know which

one is their specialty.

Jiboku, who is a member of Abuja Schools Association, considered the school fees of British Oasis Academy to be reasonable in terms of the range of facilities provided for a full boarding school. He said the school fees had not been reviewed since the school was established in 2013 “I will give you the copy of our school fees schedule because we don't hide it.

Ever since this school started, there has not been any major review in the school fees that we have.

The only thing that has changed will be the cost of books because of the inflationary rate that may cause something to happen.

But all our fees for a junior secondary school is not more than N1.6 million annually to cover boarding fees, books and the rest and they are payable every term. It's not compulsory they pay annually. We also consider civil servants who prepare a financial plan with the school.

As far as we know, education is not cheap generally, the fees are not what an ordinary Nigerian cannot afford. By the time, we look at what a day people will pay and look at what we do here in a boarding school.

The students eat five times a day. Apart from their breakfast, lunch and dinner, they have two other times where they have

in-between meals. They start the day by 8a.m. and by 10.20a.m., they go for their refreshments, after that they return to their classes. By 12.20p.m. they go for lunch.

Once they finish in class they go to their room for siesta, after which they go for sport, thereafter, they refresh and go for dinner. Then, they have their night prep, after which they go for their night cap (another refreshment) before they go to bed.�

Excursion is also an integral part of the students’ training and development and the school organises such activities regularly.

They have visited the Nike Art Gallery in Abuja. Prior to that time, they had also gone to the U.S. National Space Centre and then to Coca Cola factory in Atlanta.

So it is not in Abuja alone, anytime, they go out to see the outside world, they add to their learning experience.

Last year, they went to the UK for the New Balance International Football Tournament in Huddersfield, Yorkshire, where five of the students got medals. They have also embarked on a training tour of Manchester United Football Club.

The principal said the school abhors the use of corporal punishment as it does not believe in flogging in the enforcement of moral standards.

He said the school has put in place structures that require a student to come with a parent for the interview at the point when the child has passed the exam to enable the school introduce its policy to parents.

"So, if there are questions that the parents will raise, if there are concerns they may have, they will raise them at the interview panel. So when we admit, we will now send all the documents to them, including the school room agreement, where they look at our policy and behavioural manual and they will sign.

Once that is done, it means there is an agreement. When they come in we orientate them based on our policy, like when there is light out, you sleep. We do not accept provisions in the hostels because they encourage bullying, they encourage theft and other things."

The principal said the school has put in place filling of incident report that makes erring students realise that they cannot get away with what they do. When they fill the incident report, it goes into their file and will be recalled when there is a need for it.

In BOA, exerting punishment will mean doing communal labour, which includes washing of dishes, tidying of room or going to the farm to work.

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Quick Takes Winner Emerges in Coca-Cola Challenge After six weeks of intense competition, a team of four students from the University of Lagos has emerged winner of the maiden edition of the Coca-Cola Global Management Challenge. The team made up of final year students of the school; Abdullahi Salimat, Department of Finance; Adeniyi Talabi, Department of Systems Engineering; Oyekan Idris, Department of Accounting and Olubodun Sulaiman, Department of Business Administration came tops in the competition for their innovative business solutions. They will represent Nigeria for the first time at the international finale coming up in Dubai, in April, 2018.

Announcing the winners, Nwamaka Onyemelukwe, Manager Public Affairs and Communications, Coca-Cola Nigeria remarked that the competition is in line with CocaCola’s commitment to building capacity of the Nigerian youths by harnessing their potentials. “Basically what we have done with the competition is to provide a platform for these undergraduates to express themselves as well as discover their entrepreneurial skills.

We are certain that all of the participants have been impacted and are now better prepared to pursue their entrepreneurial dreams,� she explained.

CAPACITY BUILDING

L-R: One of the graduants, Salako Olamide Ibrahim; Chairman, Lagos State House Committee on Wealth Creation/mployment, Mr. Shola Giwa; Representative of Lagos State Governor/Deputy Governor, Dr. (Mrs.) Oluranti Adebule; Chairman, Lagos State Employment Trust Fund (LSETF), Mrs. Ifueko Omoigui Okauru and Executive Secretary, LSETF, Mr. Akintunde Oyebode, during the graduation ceremony/ job fair of the Lagos State Employability Support Project (LSESP) at Oregun, Ikeja ‌ recently KOLAWOLE ALLI

Private Investors Urged to Stop Vying for NNPC Refineries Ejiofor Alike A former top executive of the Nigerian National Petroleum Corporation (NNPC), Mr. Paul Ajetunmobi, has called on the private investors jostling to take over the operation and management of the corporation’s refineries to build their own refineries and compete with the state-owned plants.

Speaking to THISDAY at the weekend, the Lagos-based lawyer urged the investors to emulate Africa’s richest man and President of Dangote Group, Alhaji Aliko Dangote, who opted to build 650,000 barrels per day refinery, instead of bidding to take over the

ENERGY ones built by the NNPC. He said the investors should leave NNPC’s refineries in the hands of the staff of the corporation, further adding that NNPC has very competent hands that can effectively run the plants if given the required support by the federal government. “My understanding of the whole thing is that people want to reap where they did not sow. They want ready-made food because the refineries are already there with all the structures and equipment in place. The private investors just want to come and take

over just like they took over the EPCL – Eleme Petrochemical Company, where they are making millions of naira. The equipment were already there; so, they just took over and started reaping where they did not sow. Most of the investors want to reap where they did not sow. If they are genuinely interested in the oil and gas business; if they are genuinely interested in making money from refining, let them take the bull by the horns just like Dangote has done. Let them build their own refineries and operate them and leave NNPC’s refineries. Let them compete with the NNPC,�

Ajetunmobi explained.

Ajetunmobi argued that the NNPC also has competent hands that were trained in some of the world’s best refineries, stressing that their challenges stemmed from inadequate support from the federal government.

According to him, the refineries are supposed to work without interruption, adding that the plant is not supposed to shut down. “The government should empower NNPC workers and give them the wherewithal to operate the refineries. There should be no element of frustration. For instance, in Continued on page 22

Fashola : Pricing Structure for Eligible Consumers’ Regulation Out Soon Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, has disclosed that a tariff structure to be paid by electricity consumers who would want to get their supplies from the eligible consumers’ policy window would be released soon.

Fashola, said at the March edition of the monthly power sector operators’ meeting in Uyo, the capital of Akwa Ibom state, that stakeholders involved in the policy had met to discuss the terms of the tariff. He noted that negotiations on this hadn’t been

ENERGY completed but would soon be. “While it is no longer news that we have reached a 7,000 megawatts generation capacity and have a 5,000 megawatts distribution capacity, what is newsworthy is that in the last month, we have met with Manufacturers Association of Nigeria (MAN), Discos, and Gencos on how to implement the eligible customer policy and increase connectivity to the 2,000 megawatts that is available. “The meeting was productive and we are seeing positive

responses. Reports reaching me indicate that what is outstanding is an agreement on the tariffs that will be paid by the eligible customer,� said Fashola.

The minister had explained at the meeting of stakeholders in the eligible customers’ policy which he referenced, that its declaration by the Nigerian Electricity Regulatory Commission (NERC) was in line with the Electric Power Sector Reform Act (EPSRA) 2005, and that opposing it was not in the interest of Nigeria and the power sector.

He also explained that Nigeria

needs to channel all the power it is able to generate to major economic points and users to enable her industrialisation efforts gain root.

According to him, oppositions to the regulation have been without realistic reasons as to why it is not right, adding that the meeting will enable all the stakeholders come up with the best ways to implement the regulation.

Also at that meeting then, MAN disclosed that the amount of electricity required by its Continued on page 22

Embassies for Nile UniversityTrade Fair Nile University, Abuja has disclosed that ten embassies including the French embassy have indicated interest to be part of the third Entrepreneurship Trade Fair- Africa, with the theme, “Bringing the ‘Gown’ and ‘Town’ Together�, being organised by the school.

The Chairman, Entrepreneurship Trade Fair 2018, Prof.

Gylych Jelilov, said the two days trade fair which starts on 21st and ends on 22nd March, 2018 aimed at finding solution theoretical and practically to the economic situation of the country.

He added that the school was trying to make the students to go more into business, stressing that the trade fair is meant for beginners and a kind of bazaar for their students to get job.

According to him, “We are teaching them a lot on how to start a business, how to manage a business. Our aim is to bring the ‘Gown’- the academia and the ‘Town’- the real sector together.�

Eni Promises Richer Returns Italian oil major Eni hiked its dividend at the weekend and held out the prospect of a share buyback after promising higher growth in production and more cash.

Eni was the first oil major to cut its dividend three years ago after a steep decline in the oil price forced the industry to tighten its belt.

But as crude prices recover, the focus of the world’s biggest oil companies is slowly shifting from slashing jobs and investment to boosting shareholder returns and growth.

So far this year, Total has raised dividends, BP flagged a resumption of share buybacks and Shell scrapped its scrip dividend.

State-controlled Eni said in its new business plan to 2021 that it would pay a dividend this year of 0.83 euros ($1.02) per share, 3.7 percent more than last year. It also said a share buyback remained an option to distribute excess cash.

Eni, the world’s most successful explorer in recent years after finds in Egypt and Mozambique, said it would not be cutting investments, spending almost 32 billion euros over the duration of the plan.

It said it aimed to increase production by 3.5 per cent per year, up from a three per cent target in its previous plan.

Output would grow by four per cent this year.

“Those who abuse our roads do that at our expense and for their financial gains; so, we want to take all of the financial gains away from them�

Minister of Power, Works and Housing, Mr. Babatunde Fashola

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BUSINESSWORLD PRIVATE INVESTORS URGED TO STOP VYING FOR NNPC REFINERIES

the operational areas, there are certain things that are very critical and are needed urgently for them to work effectively. But when they make those requests, they are frustrated for one reason or the other. If they are not given what they need, they won’t put in their best,� Ajetunmobi added.

Speaking further on the Warri refinery, where he spent at least 10 years of his over three decades of meritorious service in the NNPC, Ajetunmobi described the refinery as the most strategic and well-run, adding that the plant is currently producing at over 65 per cent capacity. “Why I said that is that it is from Warri refinery that you pump crude to Kaduna refinery. Without Warri Refinery, the Kaduna Refinery cannot exist. It is also from Warri Refinery that you pump refined products to the north.

As of last week when I was at Warri Refinery, they were producing 3.644 million litres of petrol daily, 1.86 million litres of kerosene, and 3.102 million litres of diesel on a daily basis. They were also producing 55,000 litres of liquefied petroleum gas daily and 2.144 million litres of low pour fuel oil (LPFO) or black oil daily,� he explained.

FASHOLA : PRICING STRUCTURE FOR ELIGIBLE CONSUMERS’ REGULATION OUT SOON

members to carry out their respective manufacturing operations every day had risen to 14,882 megawatts (MW), most of which it added are self-generated.

MAN equally said that despite the huge power consumption levels of its members, it found it uneconomical that up to 2000 MW of the power the Gencos in Nigeria can generate are stranded because electricity distribution companies (Discos) are unable to evacuate them to points of need.

To this end, it said it would be looking up to the new eligible customers’ regulation to at least cut down its expenses on self-generation of power.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

Falana Seeks Prosecution of Oil Firms for Unremitted Revenue Chineme Okafor in Abuja Constitutional lawyer, Mr. Femi Falana (SAN), has advised the Nigeria Extractive Industries Transparency Initiative (NEITI) to commence legal proceedings against oil and gas industry firms for their non-remittance to the federal government’s purse all outstanding revenues due to it from their respective operations. Falan, in a statement from the NEITI, stated that there are legally recognised ways the transparency agency can explore to recover unremitted revenues due to the federation as highlighted in a number of its oil and gas audit reports.

He said the transparency and accountability agency could report indicted companies and groups to the Economic and Financial Crimes Commission (EFCC) for criminal diversion of public funds as disclosed in its reports.

He also explained that on the alternative, the NEITI could invoke its powers of prosecution and institute civil proceedings in appropriate courts against the affected companies and groups for the recovery of these funds.

Falana, identified Section 3(f) of the NEITI Act 2007, as a tool to carry out its duties.

According to the NEITI statement, this section imposes a duty on NEITI to monitor and ensure that all payments due to the federal government from all extractive industries, including taxes, royalties,

dividends, are duly made.�

The statement equally explained that a policy brief earlier released by NEITI had focused on unremitted funds from oil and gas firms in the country. Similarly, other series of NEITI oil and gas sector audits showed that the Nigerian National Petroleum Corporation (NNPC) and its upstream subsidiary, the Nige-

rian Petroleum Development Company (NPDC) failed to remit over $21.78 billion and N316.1 billion to the Federation Account.

In that policy brief, the unremitted funds included $1.7 billion as outstanding revenue from a total of $1.8 billion as a result of the transfer of eight oil mining leases from Shell Petroleum Development

Corporation (SPDC).

NEITI’s policy brief also noted that another $2.2 million was not remitted from four other oil leases from the joint venture managed by the Nigerian Agip Oil Company (NAOC) and transferred to the NPDC. Other unremitted revenues, the NEITI policy brief included about $148.3 million paid as cash calls on

the transferred oil leases, in addition to about $1.5 billion legacy liabilities as well as about $15.8 billion that accrued as dividends paid by the Nigerian Liquefied Natural Gas (NLNG) between 2000 and 2014.

NEITI had however urged the government to take steps to recover the unremitted oil revenue from the NNPC and other companies.

WOMEN OF IMPACT 2018

L-R: Channel Lead, English West Africa, Cisco, Isioma Udeozo; Guest speaker/Founder and Chief Executive OďŹƒcer, SecureID, Mrs. Kofo Akinkugbe; General Manager, Cisco Nigeria, Mr. Olakunle Oloruntimehin; and Guest Speaker/General Manager, Meltwater Entrepreneurial School of Technology, Mrs. Uneku Atawodi-Edun, during the Women of Impact 2018 organized by Cisco in Lagos‌ recently

Baru: NNPC Still Negotiating Oil Price Rally Will Boost Logistics Business, Says Financing Terms for Refineries’ Fortune Global Oil and Gas Industry Content ing vessel. The performance of Ejiofor Alike Revamp Project Development (NOGICD) Act the inward clearance is really Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) is still negotiating the terms of funding for the revamp of its four refineries in Kaduna, Port Harcourt and Warri, with potential financiers, the corporation’s Group Managing Director, Dr. Maikanti Baru, has disclosed.

Baru, also stated that the NNPC would not stop at anything to get the four refineries back to their optimal nameplate refining capacities, adding that this was part of the business reforms the corporation has adopted in its 12 Business Focus Areas (BUFA) agenda.

A statement from NNPC’s Group General Manager, Public Affairs, Mr. Ndu Ughamadu, in Abuja, stated that Baru, made the remark when he recently received an award in Lagos.

He explained that as part of the ongoing reforms in the NNPC, the corporation had been holding far-reaching discussions with some consortia to get the best funding options towards the refineries’ overhaul.

According to him, the NNPC had recorded remarkable progress in resuscitating some of its critical downstream infrastructure.

He said this had also ensured seamless supply of petroleum products across the country

until the recent interruptions he noted were now under control. “Since coming on board, we have made the revamp of our abandoned assets and critical downstream infrastructure a key component of our corporate vision of 12 Business Focus Areas (BUFA),� said Baru, in the statement.

He stated that over the last few months, several crude oil, petroleum products and natural gas pipelines were resuscitated while more than half of NNPC’s 21 strategic depots were upgraded.

The GMD decried acts of pipeline vandalism, crude oil theft and sabotage in the country, and explained they contribute to the huge loss of revenue the corporation records as well as loss of lives, properties and damages to the environment.

He thus called on security agencies in the country and other stakeholders to collaborate with the corporation in its on-going campaign against acts of sabotage on its facilities.

He reiterated that the recent petrol supply challenges the country went through were due to the nefarious acts of hoarding, diversions, profiteering and smuggling, stressing that NNPC was working with relevant stakeholders to ensure the sufficiency currently witnessed nationwide would be sustained.

The Managing Director and Chief Executive Officer of Fortune Global Shipping and Logistics, Mr. Eric Opah, has stated that the recovery of oil prices, which had slump in mid2014, would boost activities in oil and gas logistics in Nigeria.

Speaking to journalists in Lagos on his company’s milestones in the sail-away and arrival of the Egina Floating Production Storage Offloading (FPSO) unit from South Korea to Samsung Heavy Industries (SHI)’s integration facility in Lagos, Opah said the drop in oil prices had led to the delay and outright cancellation of many projects in Nigeria’s oil and gas industry.

Opah, who also spoke on many other challenging projects that were successfully executed by his company in the oil and gas sector, added that with the rebound of oil prices, new projects would spring up. “With the oil price going up, we expect a lot of new projects to spring up. For us, at Fortune Global, our strategic direction is to create a logistics base where we have a one-stop shop facility to support the oil and gas and energy logistics.

We are currently evaluating our business plan towards that direction. It is all in a bid to become a Nigerian-owned entity, operating locally and internationally,� Opah explained.

Opah identified the Egina FPSO as the greatest achievement recorded in the implementation of the Nigerian

of 2010. “What the local content has done with the Egina project, bringing the FPSO into the country for integration is the most outstanding. A lot of Nigerian contractors got involved. A lot of fabrication was done in Nigeria. Paints were manufactured in Nigeria and shipped to South Korea.

The impact of the local content cannot be over-emphasised,�

Opah said.

He stated that for the country to reap more benefits from the NOGICD Act, the federal government and the industry operators should continue to sanction new projects to ensure that the human capacity and facilities developed by the local operators were not left idle.

Opah added that though his company is increasingly becoming a sub-regional leader in oil and gas and energy logistics, the logistics industry has not actually taken shape in Nigeria the way it should. “It is not being recognised the way it is in other countries.

Freight forwarding and logistics in countries like China is a lucrative business. Here, people rely more on Customs’ clearing and brokerage,� he added.

He, however, noted that his company has successfully executed quite complex projects in the maritime, and oil and gas industry. “We handled the inward clearance of the Egina Floating Production, Storage and Offload-

very important to see that all the documentation is done correctly in such a manner that it appeals to our customer. We supported the Nigerian Port Authority from our own part of the documentation to ensure that the declarations and the inward clearance were done properly. We did the boarding and brought all authorities; the inspection was done from the beginning to the end. What we did has a lot to do with all authorities including the NPA, NIMASA, Nigerian Immigration, Customs, NDLEA and SSS,� Opah explained.

He said the company had in 11 year transformed from a brokerage business to an international forwarding company. “In 2010, we expanded into oil and gas and energy logistics and provide solutions for the oil and gas industry. Today, we have expanded into other countries. The biggest challenge there is no institutional framework to handle payments-related issues. There is no regulation about data that could be shared that could protect operators in the industry. We have seen it happen so much in this industry where one client owes you and jumps to another company without paying you. There should be should be a very high effort from government to support with a regulation that protects us. We collect money and pay the government,� Opah added.

T H I S D AY Ëž Ëœ Í°ÍŽËœ Í°ÍŽÍŻÍś

23

BUSINESSWORLD

ENERGY

Ekere: NDDC’s 7,000MW Power Pool Will Reduce Tariffs in N’Delta Managing Director and Chief Executive Officer of the Niger Delta Development Commission, Mr. Nsima Ekere spoke to Ejiofor Alike on the commission’s new development initiatives for the oil-rich region as well as the challenges. Excerpts: Your contractors were always complaining that NDDC doesn’t pay them for work done.

And even the beneficiaries of your scholarship scheme; they always complain and these prompted the senate to pass a resolutions sometimes. Is it deliberate that NDDC is perceived as a chronic debtor?

We discovered that there was a lot of overtrading in NDDC; they had much more projects than they can pay for with the available funds; that is why we have also said going forward in our budget, instead of creating new projects, 70 per cent of the budget would be dedicated to servicing ongoing projects, while only 30 per cent would be used for salaries, overhead and new projects. When you look at the NDDC Act, there is a financial provision which states

Over the years a lot of good has been done by NDDC. We have built a lot of road, bridges, jetties and so on and so forth. Some of the roads we have done have been groundbreaker: Opening up communities that never imagined that they will see a concrete road.

Recently, we were in Delta State where we commissioned some roads in some coastal communities in Olero Creek, in Warri North Local Government.

These are some isolated communities on the fringes of the Atlantic Ocean and those were the ďŹ rst concrete paved roads they were seeing for the ďŹ rst time.

The Ogbia – Nembe Road in Bayelsa State wich we are doing in partnership with Shell Development Company is another.

Also in Bayelsa, NDDC brought roads to Opukuma in Kolokuma/Opukuma local government area, areas that people thought concrete roads were impossible

Ekere how much and how the funding of NDDC would be structured. If NDDC was able to get all of the money that we are supposed to get under the Act, you will see that there would be enough money to pay for those contracts.

As we speak today, we have a shortfall of about N1.7 - 1.8 trillion from the federal government contribution to the NDDC. In other words, the federal government owes us that much money. If that much money was paid, why wouldn’t contractors be paid?

So, it is basically a funding problem. I have about N5 billion in a month. By the time you pay salaries and overheads maybe you have N3 billion remaining. How can you use N3 billion and pay N1 trillion to contractors.

We are using bare hands; we are working with your bare knuckles as it where, so it is a serious constraint of funds in NDDC and that is why we have a lot of those problems.

But we believe that that would improve. We believe that the federal government would make good on their contributions. Fortunately Mr. President approved that the Ministers of Finance and Budget & Planning should sit with us and resolve these issues. We are hoping that with that we would be able to make some progress once money comes in and the contractors would be paid.

How about the NDDC Post-Graduate Scholarship Programme?

We have paid up all NDDC scholars. When we came in, we discovered that there was a lot of hanky-panky in the scholarship thing. For instance, a master’s programme, is supposed to last one year - 18 months in the maximum.

But you will see that an NDDC scholar who won the scholarship in 2007 to go and do a master’s programme in the US or the UK will still be claiming scholarship in 2017. Do you understand what I mean? And we had several cases like this. Somebody will win the NDDC scholarship, would be in Nigeria, not in any school anywhere in the world and he is claiming money. So, that is why it was necessary that we freeze that process, because we needed to confirm what really the issues were, who the genuine students

were but unfortunately in that process some genuine students suffered. We regret very much that some genuine students had their money withheld for a while during that verification process. But all of that has been done now and we have paid up to date.

You mentioned that one of your challenges is this mentality of self entitlement by the people of the Niger Delta. So, how are you dealing with it?

I have always said to the youths and to stakeholders anytime I am opportuned to address them, that it is better to think of sustainable economic model that we can use to empower our people. I don’t believe that you should just keep dashing them money; giving money to these people come. There was a time at NDDC when there were like three - three protests every week, because when they come for the protest, when you are dispersing them they expect to be given some money. So, anytime somebody is broke in his house, they will come and protest, so that something can come. I stopped that. I made protest unattractive. So, when they come to protest, you allow them stay there the whole day, and you don’t give them money when they are going. So, gradually, the number of protests began to reduce. So, the protests you see now, are protests that are sponsored by some politicians for their reasons. We know a couple; they had to sponsor protest, but ordinarily the genuine protesters that used to come on their own spontaneously have drastically reduced - almost stopped because they know that when they come, there will be no money to pay the buses that they hired to come unlike what used to happen in the past.

I believe that it is better to think of sustainable economic models, sustainable economic activities to engage our youths with and that is why we are coming up with what we call The Niger Delta Enterprise Centres for startups, so that people with bright ideas can come into those centres. It is different from what we used to do before. Before now, we used to do a lot of trainings and empowerment programmes. In other words, we called people,

train them in various skills and at the end of the training give them starter packs to go and start their businesses. For instance, we train somebody in some skillarea, give him a starter pack and six months, one year down the line you see the guy still unemployed; he is standing at the gate of NDDC. What used to happen for most of them is that when they get those starter packs at the end of the training, they will sell it off and collect the money and after that they will come back and look for more. But with the enterprise hub that we are thinking of doing now, we should be able to address that challenge.

We are starting with one centre for now.

We are partnering with SMEDAN. SMEDAN had what they call Industrial Development Centres (IDCs) all over the country before now. In the Niger Delta region, they have six IDCs. So, in partnership with SMEDAN, we will take their IDCs and develop them into enterprise hubs that we would use to engage our young people and help them to become entrepreneurs of their own. We think it would be a better way to engage our people; create jobs and wealth for our people rather than the training that we were doing initially. Secondly, we are also in partnership with NEXIM Bank to set up a N5 billion export facility, targeted strictly at the agricultural value chain. The idea is to help the farmers that we identify in the region grow their capacities and find market outside the country so that their products can be processed and exported and foreign exchange would be realised. So these are some of the things that we have being doing slightly differently from the past. It is good to build roads, it is good to build bridges, it is good to build infrastructure, but we are also looking at how we can build the people.

We are not totally forgetting training.

We are partnering Innosson, one of the manufacturing outfits in Nigeria, to train a hundred youths. We are beginning to train a hundred people annually on automobile related skills. So they will go to the facilities Continued on page 24

A

WEEKLY PULL-OUT

IS THE NATION ADRIFT?

20.03.2018

President Muhammadu Buhari

2/DASHBOARD

20.03.2018

Propriety of Conviction Based on Extra-Judicial Statement of a Co-Defendant PAGE 4

NBA-SBL Inaugurates SBL Club in Unilag PAGE 5

BPSR Report: No Standard Guidelines for Arrest, Detention and Bail in Nigeria PAGE 6

‘A Lawyer Should Never Stop Reading’ PAGE 6

QUOTABLES ‘Those 14 questions are very germane, particularly who withdrew the forces on ground (in Dapchi), to whom was security handed over? And if nobody can provide answers, people have to be sanctioned for what has happened....We are not just going to demand for the search for the girls, we are also going to call for sanctions to be meted out for this act of criminal negligence.’

– Femi Falana, SAN, Human Rights Activist

Heritage Bank Ltd v Benworth Finance (Nigeria) Limited: A Review PAGE 14

A ‘ mending the sequence of elections, is different from amending the dates. It is the dates that the Constitution empowers INEC to do.....’

– Daniel Bwala, Legal Practitioner, Abuja

Open Letter to President Muhammadu Buhari PAGE 15

COLUMNISTS OLAWALE FAPOHUNDA Olawale Fapohunda, a past Attorney-General of Ekiti State, is the Managing Partner of Legal Resources Consortium. A frequent contributor to Thisday Lawyer since its inception, he has written severally on the limitations of the administration of justice system in Nigeria, and the need for urgent reforms. He has played a leading role in several governmental and nongovernmental initiatives, aimed at enabling legal, policy and administrative interventions, for managing the justice system and the institutions that deliver justice. SERIOUS MATTERS aims to contribute to national discussions on law reform, institutional strengthening, and good governance across the three arms of government

ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

/3

Of Tax Burden and Election Sequence

L

ast week, two issues occupied the front burner; President Buhari’s refusal to assent to the National Assembly’s Electoral Act Amendment Bill, which seeks to among other things, change the sequence of the elections, and the new Lagos State Land Use Charge Law, which met with so much opposition, that the Ikeja Branch of the Nigerian Bar Association not only gave Lagos State an ultimatum to rescind its decision on the increase in taxes, but led a march along with some Civil Society Organisations, to protest the increase.

Sequence of Elections Saga Section 58(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution) provides that “Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required”.

This provision seems clear and unambiguous enough. The question then is, can the court stop the National Assembly (NASS) from performing an act or function, which it is empowered by the Constitution to do? I think not. The Accord Party filed a matter at the Federal High Court against NASS, the Attorney-General of the Federation and INEC. Though we have not seen the court processes in respect of this matter, it is strange that instead of waiting to challenge the Electoral Act Amendment Bill, if, and when it is passed, Accord Party has gone to court in advance. Let’s wait and see what happens!

My stand still remains unchanged - whether self serving or not, NASS can amend the Electoral Act which includes changing the sequence of elections (Item 22 Exclusive Legislative List Part 1 Second Schedule to the Constitution).

Sequence of elections, is different from fixing of dates or organising elections. The sequence, is simply the order in which the elections should be held. NASS has not said that one election should hold on June 12 and another on June 19, or that there should be 2 polling stations on Awolowo Road, or how many agents each party can have at the polling stations during elections. These type of issues, on the other hand, fall into the purview of fixing and organising elections, duties reserved for INEC. The French Revolution, 1789 There were several causes of the French Revolution of 1789 including social, cultural and political reasons. But notable among the causes, were the financial ones. France found herself in huge debt, which was worsened by the reckless spending of the royals and France’s participation in the American Revolution. Louis XVI, the King of France (said to be a simple kind of man, controlled by his somewhat thoughtless and ostentatious Queen, Marie Antoinette), attempted to implement a new tax regime to raise funds. This did not go down well with the people. The grain market was also deregulated, resulting in an increase in the price of bread. This gloomy state of affairs, was further compounded by a series of bad harvests, which in turn, led to food scarcity. Again, the people were dissatisfied.

After a breakdown in talks with Louis XVI, the Commoners formed a National Assembly, which eventually culminated in the French Revolution!

Lagos State, please, let us learn our lessons from history, unless of course, you would prefer for history to repeat itself. There is a time and season for everything, and this is not the time to increase practically every existing tax, by astronomical percentages. People are already in dire straits. And if it is true, as successive Lagos State Governments have maintained,

that there is a blueprint for the development of Lagos which you intend to fully implement, I am sure that it would be best not to let the blueprint be truncated, if due to unpopular policies, a ‘third force’ who does not share the same vision, is allowed to slip through the cracks and take over Lagos State – “de de o” (take it easy).

Methods for Government to Raise Funds Many of you my readers, may not know that I took my first degree in Economics, and even though my Economics may be rusty, I still remember some basics. The three easiest ways for government to raise funds are printing money, taxation and borrowing.

Taxation, of course, is the most unpopular option, as the people tend to kick against it. For Lagos State, the first option, printing money, is out of the question, as that is the preserve of the Federal Government. Though I consider Lagos State to be the most modern and progressive State in Nigeria, apparently, it has the highest local and foreign debt profile among the thirty-six States of Nigeria. I guess development comes at a price.

So, recently, when Lagos State chose the most unpopular option, taxation, and decided to increase various taxes like borehole taxes, court fees, vehicle registration, Land Use Charges, toll gate charges and other taxes, naturally, there was a public outcry against the increases, especially the land charges.

Questions about the constitutionality and legality of the new tax regime, arose. For example, the new Land Use Charge is a combination of the tenement rate, ground rent and neighbourhood improvement levy.

Section 7(5) and Item 1(j) of the Fourth Schedule to the Constitution, gives the power to assess private houses and tenements for the purposes of levying tenement rates, only to the Local Government. The Local Government is also the only body empowered to collect the tenement rate. The new Land Use Charge Law, changes this process. But we all know that, where any law is inconsistent with the Constitution, the Constitution prevails, and the law is null and void to the extent of its inconsistency with the Constitution.

Raising Taxes: Some Factors to Consider In making a decision to increase taxes, several factors must be taken into consideration – how the economy is performing; whether there is excess money supply which leads to increase in consumption, reckless spending and increase in prices, when demand for consumption exceeds supply (in which case consumption can be taxed); whether investment is low and so on. While increasing taxes in a buoyant economy can be beneficial, it can be disastrous in an ailing economy. Even in a buoyant economy, say for instance, investment is low but consumption is high, higher taxes may be placed on consumption, while taxes on investment are left untouched.

But in an economy like ours, that is performing rather poorly, to increase taxes astronomically especially when our currency has already been grossly devalued, is oppressive, and will only unleash more suffering on the populace, because not only does it end up being inflationary because of the multiplier effect, it will further reduce consumption,

ONIKEPO BRAITHWAITE

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

“THIS IS NOT TO SAY THAT LAGOS STATE IS BANNED FROM INCREASING TAXES, BUT SUCH INCREMENT MUST BE HUMANE AND GRADUAL” which is already depressed because of a lack of purchasing power. It slows things down, and makes it that more difficult for the depressed economy to recover.

This is not to say that Lagos State is banned from increasing taxes, but such increment must be humane and gradual. I have always believed that Government in Nigeria (not just Lagos State is guilty of this), insensitively finds it easy to lumber the people with heavy burdens of all manner of charges and taxes when they require funds, after the Government has made us suffer losses via mismanagement of funds/ corruption etc, through no fault of the people.

Maybe because Nigerians are a rather docile people.

“Kete Kete” An analysis that I read on social media, concluded that the percentage increase which Lagos State seeks to achieve, should be graduated over a period of 15 years, and not at once. As it is, majority of Lagosians (and Nigerians) are more than struggling to meet their basic obligations, like putting food on the table, paying their rents and children’s school fees etc.

Salaries have not increased. Where does Lagos State expect people to get the funds to pay these high taxes? From the moon? In the words of Chief Commander Ebenezer Obey, in his song “Kete Kete”, “ e fe pa kete kete ni?” (“do you want to kill the donkey?”), meaning that if the burden placed on the donkey is too heavy, the donkey will end up collapsing and may die. Already the suicide rate and the number of those that have been struck down by stroke due to financial pressures, is on the rise. Government, “ku hankali” (be careful). A word, they say, is enough for the wise!

Dear Editor Re: Is the Hate Speech Bill Necessary?

Dear Editor, I hope this mail meets you well.

My name is Ogechukwu Nnamani and I am a Legal Practitioner based in Lagos.

I have just read your article captioned above, and I am bursting with joy and fulfilment, in the way and manner you encapsulated each point raised, and dutifully dealt with them.

This email is just to acknowledge and thank you ma’am, for a good read this week.

My hope and prayer is that, the lessons highlighted in the article will be understood and practiced by the Legislature.

Thank you.

Kind Regards, Oge Nnamani

4/LAW REPORT

20.03.2018

Propriety of Conviction Based on Extra-Judicial Statement of a Co-Defendant

I

Facts n 2010, the Defendants were charged and arraigned on an 8 count Charge of intentional participation in the commission of a terrorist act contrary to and punishable under Section 15(2) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 and Section 40(b) of the Criminal Code Cap. C38, Laws of the Federation of Nigeria, 2004. They were alleged to have masterminded and participated in a terrorist act, by causing the explosion of dynamite near the Government House Annex in Warri, where the Vanguard Newspaper’s Post Amnesty Dialogue was on-going in March 2010, and near the Eagle Square, Abuja, venue of the Nigeria’s 50th Independence Anniversary Celebrations 1st of October, 2010. A certain Mr. Henry Okah, (brother to the 1st Defendant) who lives in South Africa, was also indicted in the commission of the crimes.

The Defendants pleaded not guilty, to each of the counts as it relates to them. In the course of the proceedings in 2012, the 4th Defendant was reported to have died in prison custody. Also, in 2012, the 3rd Defendant, owing to the incessant delays with which the proceedings was writhed as a result of various applications of the 1st and 2nd Defendants, applied to be tried separately. The application was granted and evidence led in proof of the Charge. At the end of the trial in 2013, the 3rd Defendant was convicted as charged and sentenced to life imprisonment.

Further to the above, the Charge was amended, with the 1st and 2nd Defendants left to be tried. At the trial, the Prosecution called 17 witnesses and tendered a number of documents, among which were the extra-judicial Statements made by the Defendants while in custody. The 1st Defendant did not object to his Statement, but the 2nd Defendant challenged the voluntariness of the 9 Statements he made while in custody.

This led the Court to conduct a trial-within-trial, at the end of which the Court admitted the Statements in evidence.

Upon the close of the Prosecution’s case, the Defendants made a “No Case Submission”. The parties were ordered to address the Court on this, and in a considered Ruling, the Court dismissed same and directed the Defendants to present their defence. The Defendants thereby, entered their defence and called witnesses in support of their case.

Issues for Determination: The following represents a summary of the issues formulated by the parties: Whether the Complainant proved the elements/ingredients of the offences charged beyond reasonable doubt, to secure the conviction of the 1st and 2nd Defendants having regard to the oral and documentary evidence before the Honourable Court.

The Court on its part, set out the following four questions as a guide to determining the case - Firstly, was there evidence of funds being provided and or taken directly or indirectly between the 1st and 2nd Defendants or a named third party; Secondly, what was the object or purpose for which the said funds were provided?; Thirdly, was the said object/ goal for which the funds were provided for and or taken, accomplished?; and Fourthly, what was the consequence(s) of the chain of events, in terms of whether or not the object or goal was accomplished, within the meaning of the term “act of terrorism” as defined by Section 46(a) and (b) of the EFCC Act. Arguments Counsel for the Complainant reproduced the provisions of Section 15(1) of the EFCC Act, under which the Defendants were charged and submitted that, by the evidence led, the Prosecution had proved that the 1st Defendant wilfully provided money with intent that it should be used or he was in the knowledge that the money would be used for any act of terrorism; and that the Prosecution established acts of terrorism as defined by Section 46(1) and (b) of the EFCC Act. Counsel also drew the Court’s attention to the cheque for the sum of N2,000,000.00 (Two million Naira), issued by the 1st Defendant to the 2nd Defendant, which he cashed on 13/09/10 in preparation for the attack carried out on 1st October, 2010. Prosecutor referred to some Statements of the 2nd Defendant and evidence of other witnesses to submit that, the sum was expended on purchase of vehicles used in perpetrating the heinous crime for which they were charged.

For the 1st Defendant, it was argued that the guilty mind or the intention of the 1st Defendant must be established, together with other elements of the offence. Counsel posited that the terms – “wilfully”, “intent” and “knowledge” used in the law under which he was charged, underscores the necessity of what the Prosecution must establish. He submitted that, the Prosecution failed woefully to prove any of the elements of the offence charged beyond reasonable doubt to secure his conviction, as the case of the Prosecution and

Hon. Justice G.O. Kolawole

In the Federal High Court of Nigeria In the Abuja Judicial Division Holden at Abuja On Wednesday, the 7th Day of March, 2018 Before His Lordship Honourable Justice G.O. Kolawole Charge No. FHC/ABJ/CR/186/2010 Between The Federal Republic of Nigeria.......,..... Claimant And 1. Charles Tombra Okah ‘M’ 2. Obi Nwabueze ‘M’ ..............Defendants/Applicants 3. Edmond Ebiware ..........Convicted (25/1/2013) 4. Tiemkemfa Francis Osvwoc....... Deceased ( 2/3/2012)

its witnesses were badly discredited, while the evidence led by the 1st Defendant remained consistent, unchallenged and positive.

On his part, Counsel for the 2nd Defendant, argued that there was no evidence which directly or remotely link the 2nd Defendant to the 1st of October, 2010 Abuja bomb blast, and the 15th March, 2010 Warri bomb blast. Counsel argued that, there was no concrete evidence that the vehicles PW2 claimed to have worked on for the Defendants, were involved in any of the bomb blasts. He argued that the 2nd Defendant was innocent, as there was no evidence showing that he was seen purchasing explosives or loading explosives into any of the vehicles involved in the bomb blasts.

Court’s Judgement and Rationale Section 15(1) and (2) of the EFCC Act, 2004 deals with a person knowingly providing finance for acts of terrorism,

“SECTION 201 OF THE EVIDENCE ACT, WHEN READ WITH PREVIOUS SECTIONS OF 198(1) AND (2) AND SECTION 199 THEREOF, THERE IS NO CASE LAW/DECISIONS WHICH INTERPRETED THESE SECTIONS, BY WHICH BOTH DEFENDANTS CANNOT BE FOUND GUILTY ON THE BASIS OF THE 2ND DEFENDANT’S EXTRAJUDICIAL STATEMENT”

and any person actually or attempting to commit a terrorist act, or facilitation of commission of a terrorist act. From the provision of the law under reference, it is clear that the intention of the National Assembly was to prohibit “financing of terrorism, which was elaborately provided for in the Terrorism Prevention (Amendment) Act, 2013. The ingredients of the offences under the EFCC Act include as its actus reus, the provision and collection of funds directly or otherwise, which both the provider and receiver have as mens rea, the knowledge of and/or that it was intended to be used to facilitate and perpetrate acts of terrorism.

Regarding the four salient questions posed by the Court, it was held on the first question that, going by the oral and documentary evidence led at the trial, the 1st Defendant undoubtedly provided the 2nd Defendant with funds by issuing him with cheque in the sum of N2,000,000.00, which he cashed for acquisition of used vehicles for the operation.

On the second question relating to the object or purpose for which the funds were provided, by the evidence left , six cars in all were purchased in respect of the illegal dealings.

Evidence of the 2nd Defendant and PW2 among others, detailed how the money given to the 2nd Defendant, was spent on the purchase of used vehicles for the assignment, by a certain Mr. Henry Okah and his brother – the 1st Defendant. PW2 (a Welder), in his evidence, detailed how he constructed extra hidden compartments between the back seats and the booth of the vehicles purchased, for the purpose of storing the explosives resulting in the bomb blasts referenced by the 2nd Defendant, for which he was paid by Mr. Henry Okah.

Regarding the third question, on whether the purposes for which the funds were provided were achieved, there was no dispute that on 15th March, 2010 and 1st October, 2010 time bomb blasts and explosions occurred in Warri and Abuja on the dates, respectively. The issue then turned on the involvement of the Defendants in the crime, which they denied; the unassailable evidence of the witnesses, pointed irresistibly to the fact that, the Defendants were involved in the bomb blasts which occurred on the dates and places above.

The last question was what was the consequence(s) of the chain of events, in terms of whether acts of terrorism were perpetrated in Warri and Abuja on the said dates.

Evidence was called by the Prosecution on the incident of the bomb blasts, and the lives that were lost and severe injuries suffered, as a result of the blasts resulting from the use of bomb laden cars by the Defendants and their other agents.

In relation to the provisions of Section 30 of the Evidence Act, which the Prosecution argued that it provides an exception to the general rule about the evidence of a co-accused person, the Court held that the Prosecutor did not avert his mind to the provisions of Sections 198, 199 and 201 of the Evidence Act. Section 201 of the Evidence Act, when read with previous Sections of 198(1) and (2) and Section 199 thereof, there is no case law/decisions which interpreted these Sections by which both Defendants cannot be found guilty on the basis of the 2nd Defendant’s extra-judicial Statement. DANLAMI OZAKI & ANOR. v THE STATE (1990) 1 NWLR (Pt. 124) 92 at 117-118 SC. On the whole, the Defendants were found guilty of the counts in the Charge, and convicted as such. In pronouncing the sentence, the Court held that the two goals of sentencing, are to seek reform of the convict and to serve as deterrent to others. His Lordship also took cognisance of the delay posed by the Defendants during the trial, and opined that in all Common Law jurisdictions, the Court can take into account, the early plea of guilt when sentencing, as well as consider the length of period the convict had spent in custody while undergoing trial. Taking into consideration all the factors enumerated above and others, the Court relied on the provisions of the EFCC Act to pronounce the verdict of life imprisonment on the 1st and 2nd Defendants.

Defendants Convicted as Charged.

Representation Dr. Alex A. Izinyon, SAN with B.K. Abu, Esq; P.O. Aigoch, Esq; E. Oghojafor, Esq; Alex Izinyon II, Esq; Ms. J.A. Majebi and Mrs. C.U. Adah for the Prosecution Samuel O. Zibiri, SAN with E.E. Okoroafor, Esq; Ms. Omotayo Ibrahim; Aladetoyinbo Boulevard, Esq; Ms. Favour E. Ejiehere and Ms. Bello Similolu for the 1st Defendant O.O. Otemu, Esq for the 2nd Defendant.

Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

20.03.2018

NEWS/5

Trial of AG Moeller, MD for Alleged Fraud Resumes March 27 Akinwale Akintunde

NBA-SBL Inaugurates SBL Club in Unilag The Nigerian Bar Association Section on Business Law (NBASBL) on Wednesday March 7, 2018, inaugurated the very first ‘SBL CLUB’ at the Faculty of Law, University of Lagos.

The initiative, is part of the objectives of the Section, to build capacity and to promote the development of commercial law practice in Nigeria.

The event, which was attended by the Dean of Law, University of Lagos, (UniLag) Law Professors, members of the NBA-SBL Council, Committee Chairpersons, members of the ADR Committee of the NBA-SBL, Executives of the UniLag Law Students Society (LSS), amongst others, is the first in a series of clubs being set up in selected universities across the country, in the coming months.

Speaking about this development, Olubukola Olabiyi, Chairperson of the NBA-SBL Young Lawyers’ Committee, disclosed that the Section on Business on Law had keen interest in the development of the legal capacity of law students.

She said, “It is hoped that through the Young Lawyers Committee of the NBA-SBL, we will facilitate this develop-

ment by way of mentorship and internship initiatives, as well as invitations to SBL Committee programs focused on various areas of specialisation.

“We appreciate the interest and assistance of the UNILAG Faculty of Law and Law Students' Society, in establishing this Club in their Institution, and look forward to achieving note worthy progress at the UNILAG and other tertiary institutions,” Ms Olabiyi stated.

In his inaugural remarks, Mr. Olumide Akpata, Chairman, of the Section, expressed delight in the final takeoff of the first SBL Club.

"The objective of the 'SBL Club', is to cultivate the mindset of young law undergraduates, and to help them align with current trends in business/ commercial law practice. While the Nigerian Bar Association Section on Business Law has taken several impactful strides towards capacity building since its inception in 2005, we believe that this is one step which will turn the tide and indeed, guarantee the greatness and future of the legal profession in Nigeria," Mr. Akpata said.

The Dean of Law, University of Lagos, Professor Ayo Asenuwa, who received the

NBA-SBL Council to the Faculty, embraced the initiative, expressing faith in the ability of the students to utilise this rare opportunity.

“We are happy that you have considered our Faculty as the very first for this capacity building project, and we pledge the support of the management, to ensure the success of this laudable initiative.”

In her remarks, the Vice President of the Law Students Society, Ms. Oluwatamilore Sowunmi, thanked the Council of the NBA-SBL for the initiative, and pledged the commitment of not just the LSS, but that of all students the Law Faculty to leverage on the opportunity provided for them by the Nigerian Bar Association Section on Business Law (NBA-SBL) through the ‘SBL CLUB’.

“We promise not to let you down, and to avail ourselves of this opportunity in the best ways possible. We are truly grateful”, the LSS Vice President declared.

On the issue of enforceability of Arbitral awards, Mr. Isaiah Bozimo, Chairman, Advisory Board of Lagos Court of Arbitration - Young

Arbutrayirs Network, also spoke to the students about the importance of commercial arbitration; the reasons for the popularity of commercial arbitration is the comparative ease of enforcement of an award, as compared to the enforcement of a judgement of a foreign court.

According to him, disputes are generally an inevitable part of human interactions, arising from different human transactions including economic activities, family relationships, community, neighbourhood and other civil activities.

The CEDR (UK) Accredited Mediator and SCMA Accredited, Mediation Advocacy Trainer, went on to school them about the attributes of a good mediator; listing those to include, credibility, patience and tact, objectivity alertness, adaptability, perseverance, appearance, demeanour, amongst other things.

The SBL CLUB, UNILAG was formally inaugurated by the Council of the NBASBL; with the Vice Chair of the Section, Seni Adio, SAN making the official pronouncements declaring it open.

The trial of AG Moeller Nigeria Limited and its Managing Director, Adeloye Olukemi, for an alleged conspiracy to transact financial business without a valid CBN licence, will resume before Justice Okon Abang of the Federal High Court on March 27.

The Prosecution said AG Moeller, is allegedly not registered as a financial services company, by the Central Bank of Nigeria (CBN).

The Defendants allegedly committed the offence on March 29, 2007 at 2, Ebun Street, Surulere, Lagos.

They were accused of transacting financial business without a valid licence, by the CBN. They were also accused of obtaining the sum of N80 million from the Chairman of Cross Country Limited, Mr. Bube Okorodudu, in excess of the amount due to them.

The alleged offence is punishable under Section 517 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.

Adeloye and AG Moeller, pleaded not guilty to the charges.

One of the counts reads: “That you Adeloye Richard Olukemi ‘M’ between March, 2007 and January, 2010 at the same place in the aforesaid Judicial Division, with intent to defraud, did obtain the sum of N80m from one Bube Okorodudu, the Chairman/ Chief Executive Officer (CEO) of Cross Country Limited in excess of the capital sum of N140m advanced to him through the medium of a contract of finance lease facility, induced by false pretence and thereby committed an offence contrary to Section 1 (a-c) and Section 1(2) and punishable under Section 1(3) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006”.

A former Chief Accountant at Cross Country, Mr. Godsday Chukwusa, while testifying

N5bn Property Fraud: Witness Accuses Ex-Chevron Accountant, Adenuga of Illegality in Registration Payment Akinwale Akintunde A Lagos High Court, sitting in Igbosere, has been told how irregularities were discovered in the N13 million paid by a former Accountant with Chevron Nigeria Ltd., Mr. Michael Adenuga, for registration of Deeds of Assignment for 17.5 hectares of landed property.

Emmanuel Akande, a prosecution witness, who is a Director and Head of the Legal Unit of the Lagos State Land Bureau Alausa, Ikeja, made this allegation while testifying at the resumed trial of Adenuga before Justice Sedoten Ogunsanya.

Adenuga and his company, Covenant Apartment Complex Ltd., are facing a three-count charge bordering on Stealing, forgery and use of false documents.

The EFCC alleged that, they had between September 2011 and February 2008, fraudulently converted to their own use, a parcel of land measuring about 22.68 hectares.

The Commission said the property, situated at Ayetoro Ikota, in Lekki area of Lagos, was jointly owned by Covenant Sugarland Property Development Ltd., and Messrs Sunday and Joseph Oyeniran.

The Defendants are also accused of forging a document titled, Contract of Sale, between Covenant Apartment Ltd. and Kingview Realty Ltd., to facilitate the theft.

According to the EFCC, the said document was later presented by Adenuga to one of its officers, Mr. James Buzugbe, as genuine.

The Commission said the

Defendants alleged offences contravened Sections 278 (1) and 285 (b) of the Criminal Law of Lagos State of Nigeria, 2011.

The Defendants were alleged to have fraudulently converted 22.68 hectares of land located in the Lekki area of Lagos between February 2008 and September 2011, to their own use.

The witness, who was being led in evidence by the EFCC counsel, Babatunde Sonaiki, told the court that his investigation showed that the Defendants paid the sum of N13 million, which should have been over N26 million going by the size of the land.

Akande also revealed that, some of the portion of land of which the Governor’s consent was obtained, fell within com-

mitted lands and doubted the authenticity of the registration.

According to the witness, although the deed of assignment was registered at the Land Registry and the reference of the file made, the said file could not be located during the course of his investigation.

He stressed that, the investigation of the deeds of assignment was sequel to a request by the EFCC on the matter, where he found that though the deed of assignment was registered, consent was not properly granted.

But during the crossexamination, the defence counsel, asked the witness, whether he did a report on the outcome of his investigation, of which he answered in the negative.

Earlier, the Assets Management Corporation of Nigeria (AMCON), had through an application dated December 21, 2017, urged the court to exclude 3.7 hectares of land from the disputed 22,000 hectares, saying that it was the property of AMCON as a result of the Defendants’ indebtedness to WEMA Bank, which was later acquired by AMCON as a bad loan.

But the EFCC objected to the application, on the ground that the court lacked jurisdiction and that the Constitution only authorised the Attorney-General of the Federation and the States to meddle with ongoing criminal trials.

Justice Ogunsanya has however, adjourned the matter till June 4, 2018 to rule on the application.

at the trial, said AG Moeller financed Cross Country to the tune of N140 million for the acquisition of 40 buses, with a tenor of 24 months at 60 per cent interest rate per annum.

Chukwusa said the total sum payable to AG Moeller Ltd at the end of the tenor, stood at N228 million.

“For a transaction of N228 million, Cross Country paid about N223 million, but AG Moeller said the company was still owing N213 million”, the witness said.

According to him, what Cross Country owed AG Moeller, including default charges, was N19 million rather than N213million.

He said following AG Moeller’s demand for an outstanding sum of N213 million, and worried by the “excess charges”, Cross Country’s lawyer, Mr. Ladi Rotimi-Williams, SAN, wrote a letter to the Association of Financial Houses after every effort to resolve the dispute failed.

“Chief Williams wrote to the Association, which replied that AG Moeller was not a member”, the witness said.

According to the Prosecution, the problem began when in 2007, Cross Country sought to buy 40 units of Volkwagen Transporter Buses valued at N140 million.

AG Moeller offered a finance lease facility to Cross Country.

It was agreed that the N228 million lease financing, would be repaid over a period of two years.

Unfortunately, similar vehicles used by Cross Country developed problems. Their engines did not match with the diesel sold in Nigeria, due to the unscrupulous activities of some individuals who were at the time mixing the diesel with kerosene which was much cheaper. Most of the vehicles broke down due to the bad diesel.

Cross Country offered to sell the vehicles off, as they were not suitable for transportation business.

Meanwhile, N222 million was repaid to AG Moeller over a period of 30 months, with a shortfall of N6 million.

But, AG Moeller issued a demand letter to Cross Country for N213 million default fees.

Cross Country protested against the demand, saying it owed AG Moeller only N6 million.

AG Moeller and Olukemi were charged following Okorodudu and Cross Country’s March 5, 2011 petition to the CBN Governor.

The letter reads in part: “We are a victim of a fraudulent organisation called AG Moeller Limited, who holds itself as a finance house, and in so doing has defrauded us. AG Moeller Limited has since 2005 financed four different tranches of equipment purchasing transactions for our company, via the finance lease option for over a hundred vehicles.

“Unfortunately the last finance lease facility offered to us ran into some hiccups, and after exhausting all conventional means of conflict resolution to no avail, their unprofessional stance made us very suspicious

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BPSR Report: No Standard Guidelines for Arrest, Detention and Bail in Nigeria Akinwale Akintunde A study recently conducted by the Bureau of Public Service Reform (BPSR), has revealed that, while laws governing arrest, detention and bail across the country are many and dispersed, there are no standardised guidelines for arrest, detention and bail in Nigeria.

Mrs. A. Mojiyovbi presented the BPSR report, which is a finding on bail applications and processes in the Police Station, in Abuja.

According to her, studies, which were conducted in Enugu, FCT, Kano and Lagos State Commands, listed the role of the Police in Criminal Justice, as prevention and detection of crime; apprehension of offenders; preservation of law and order; and protection of life and property.

The Report stated that “One the most celebrated laws in the country was the Administration of Criminal Justice Act (2015). The objective of the Act as captured in section 1 is: “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspects, the defendant, and the victim””.

The Report however, said that in the provisions of the ACJA 2015, it is illegal for the Police, inter alia, to arrest people who have “no ostensible means of sustenance and cannot give satisfactory account of himself”; arrest other people in lieu of suspects; to arrest persons over civil wrongs.

It said that where arrests are carried out, suspects must be notified of the cause of arrest, and arrested persons must be notified of their rights, including right to free legal representation

L-R: Acting Director General Bureau of Public Service Reforms (BPSR), Mr. Dasuki Arabi, Permanent Secretary in the Office of the Head of the Civil Service of the Federation (HoCSF), Mrs. Omobola Adenuga, Permanent Secretary General Services Office (GSO) Office of the Secretary to the Government of the Federation (OSGF), Mr. Olusegun Adekunle and Team Leader, Nigeria Policing Program, Mrs. Kemi Okenyodo during the “Mapping the Process of Obtaining Bail at the Nigeria Police Station” Conference in Abuja

and right to bail.

“Suspects taken into custody must have an inventory of their property taken and duly signed by themselves or their legal representatives; applications to remand suspects in custody are based on demonstration of probable cause before a Magistrate and must not exceed 56 days; suspects kept in custody pending bail, trial or release, must be under strict monitoring

by appropriate agencies”, the Report stated.

The Report observed that suspects are seldom told they are under arrest until it is decided that they will be taken into detention, and that once it is decided, that suspects will be taken into detention they are advised to contact their people.

According to the Report, eligibility for bail is determined by the magnitude of the crime,

and bail is denied where there is a flight risk, suspect will interfere with investigation, a surety cannot be established, suspect is unable to meet the terms of the bond set; and non-bailable offences are transferred immediately to the CIID or to SARS, if the offence is armed robbery.

The Report also bemoaned a challenge of

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Legal Personality of the Week Olufunmbi Olutoyosi Kehinde

‘A Lawyer Should Never Stop Reading’ I am Olufunmbi Olutoyosi Kehinde. I obtained my Bachelor of Laws from the University of Abuja in 2008, and was called to the Nigerian Bar in 2009. Afterwards, I earned an LL.M (Hons) from the University of Lagos.

I joined AELEX as a Junior Associate in September, 2011 and rose to become a Senior Associate in the firm. At present, my expertise cuts across the Corporate/Commercial, Tax, Regulatory Compliance, Labour and Employment Practice Groups of the firm. I am also an active member of the firm‘s editorial team.

I am an Associate member of the Institute of Chartered Secretaries and Administrators UK (ACIS) and a member of the International Bar Association (IBA). I am also in the process of becoming an International Tax Affiliate of the Chartered Institute of Taxation, UK (CIOT).

My other interests include fitness, health and wellness, reading and travelling.

reaction, I insisted that I would not withdraw the application. In the end, the court struck out the appeal suo motu.

What was your most memorable experience as a Lawyer?

One of my most memorable experiences was when upon completion of my LL.M, I reapplied to join AELEX and I was re-engaged by the firm.

Another memorable experience was when we received an urgent instruction from a new client on a Friday evening, and the client expected a response by Monday. I had to reschedule the activities I had planned for the weekend, and worked all weekend to meet the deadline.

Needless to say, the client was pleased, sent the firm accolades and of course, promptly settled our invoice.

Olufunmbi Olutoyosi Kehinde

Have you had any challenges in your career as a Lawyer, and if so, what were your main challenges?

Yes, I have had quite a few. My first challenge was getting a job in a top tier law firm. As a young Lawyer, my goal was to become the best lawyer I could be. I therefore, aspired to join a law firm with a global outlook and cross-border expertise. However, I undertook my National Youth Service in Yobe State, and by the time I returned to Lagos at the end of my service year, most law firms had finished recruiting fresh Lawyers Lawyers. However, I applied to a few firms without success, and had to work in a small firm for about a year before I secured employment with AELEX as a Junior Associate in 2011.

Another major difficulty I encountered, was in trying to decide which area of law to specialise in. The law is incredibly vast, and there is a tendency to engage in general legal practice without attaining mastery in any field. However, after thorough consideration, I chose the practice areas that best suited my interests and strengths.

What was your worst day as a Lawyer?

I have had numerous bad days, which is not

uncommon in the profession. One such incident occurred while I was in the process of figuring out my practice areas, and was still active in the dispute resolution unit of my firm. The custom inAELEX, is to have practice meetings where we discuss upcoming litigation matters and decide on a line of action. At the practice meeting, we had agreed that I was to move the application to regularise our Notice of Appeal at the Court of Appeal, in an upcoming matter.

Unfortunately, when the matter came up, the Justices of the Court of Appeal insisted that since the matter was an interlocutory appeal premised on service, and our client had become aware of the matter, the appeal was no longer necessary.

The Court, therefore, insisted that I withdraw the application to regularise our Notice of Appeal, which would mean withdrawing the appeal. I respectfully insisted that I could not withdraw the application, as that was not the instruction I had received.

By this time, the Justices were livid, and all the Lawyers in court were advising me to withdraw the matter. Lawyers are aware of how strict the Justices of the Court of Appeal can be with junior lawyers, and though I was terrified of the Justices’

Who has been most influential person in your life?

I have a long list of influential persons in my life. First, I am grateful to my parents Mr and Mrs M.A.O. Kehinde who taught me that hard work pays, and that the reward for hard work is more work. Growing up, they would say work hard now, so you can play later. I owe them and God for the drive that I have.

Secondly, the partners atAELEX, have sculpted me into the Lawyer that I am today. They work so hard and through them I have learnt diligence, the need for thorough research, and the importance of client satisfaction. In particular, Mr. Davidson Oturu, my supervising Partner, and our current Managing Partner, Mr. Theophilus Emuwa have influenced me greatly. They are valuable mentors, who constructively highlight your errors to ensure that you do not repeat them.

I am equally grateful to Ms. Alayo Ogunbiyi, a Partner Abdulai, Taiwo & Co., who has been a formidable force in my career. She took me under her wing many years ago, and has continued to push and encourage me to be the best I can.

Mrs. Esther Nnamdi Ogbue has also influenced me through her dexterity, diligence and positive attitude to work.

Why did you become a Lawyer?

The circumstances in which I chose to become a Lawyer, are quite interesting. I initially wanted to study Medicine. However, I was never good at the Sciences, so during my time at Queen's College Lagos, the guidance and counselling tutors discouraged students who did not have at least a credit in Integrated Science, from taking science courses in senior secondary school. Luckily my father and I have a relationship where we communicate with each other, and so I called him and informed him that I would be changing to the commercial courses. However, he convinced me that the art courses were better, and that I could study law. After our conversation, I realised that apart from my opinionated nature, I always had a liking for the Lawyers at my family church, and that was how I chose to become a Lawyer What would be your advice to anyone wanting a career in Law? I would say that the legal profession is very interesting. Though it may take a while to understand the profession, however, once you do, it becomes enjoyable and more than just a means of livelihood. Do not focus on money, but rather seek to acquire knowledge, make impact and create value. Also, it is better to start your career in a law firm, even if it is just for one year, where you can learn the rudiments of legal practice. Thereafter, you can decide where it is you want to go with your career. Do not let anyone intimidate you; the law is dynamic, but it would not change as such, so always know where to find it. Knowledge is power, so read, read again and never stop reading, because you can never stop acquiring knowledge.

If you had not become a Lawyer, what career would you have chosen?

Maybe I would have become a life coach, event planner or a publicist.

Where do you see yourself in ten years?

By God's grace in 10 years, I should be at the peak of my career. I should have been able to carve a niche for myself in my practice areas, garnered interesting experiences and hopefully be a Partner in a law firm.

20.03.2018

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SERIOUS MATTERS OLAWALE FAPOHUNDA

faps2001@yahoo.com

House of Representatives Debate on Ajaokuta Steel Complex: Matters Arising ‘...It is important to ask ourselves some hard questions. Have we always placed the interest of our Constituents and Nigerians first in all our endeavours? Have we always placed national interest above self, regional, and other interests? Are we patriotic or partisan?’ akubu Dogara, Speaker, House of Representatives, in his speech read at the plenary of the House of Representatives to mark the second anniversary of the 8th House

Y

A painful experience Watching the debate on the state of the Ajaokuta Steel Complex in the House of Representatives last Thursday, was a very painful experience. The debate showed that our Representatives are struggling to fulfil their basic constitutional functions adequately. The lack of sufficient parliamentary skills, is a major problem. This includes basic skills such as reading, writing, research, public speaking skills, especially command of the English language, as well as the more advanced skills of subject knowledge in matters on which they legislate.

An Image of Angry, Self- Serving Men Add these limitations to a House determined to have its way, irrespective of the cost to the nation and those whose reputation is trampled upon, the result is what we witnessed on Thursday – The image of a mob of blissfully ignorant, angry, self-serving representatives who at best offended our definition of decency in public office, and worse still, brought ridicule to that hallowed institution.

For those who missed the debate, it should be pointed out that, the relationship between the Minister of Mines and Steel Development and the House of Representatives, has been spiralling down since the House deemed the non-appearance of the Minister at the House public session on the Ajaokuta Steel Company, a deliberate snub. It was with this background that the matter of the concessioning of Ajaokuta was brought before the House

by Honourable Ahmed Yarima (Bauchi APC).

The member urged his colleagues to stop the concessioning of the steel complex for a number of reasons, inter alia, that the Honourable Minister, Mines & Steel Development had engaged a what he described as a globally discredited firm Price WaterhouseCoopers (PWC), to undertake a financial audit the complex. That this was done without due process. That the Minister also engaged the firm of Greenwich, to do an assessment of the complex in preparation for concession. The member further alleged that neither the Bureau for Public Enterprises nor the Infrastructure Regulatory Commission had been involved in the process.

From the moment the motion was moved till the end of sitting, members tried to outdo themselves in the quantum of expletives used to describe the Honourable Minister and the purported concession. An issue of national importance, was reduced to a ‘ roforofo’ feud. It was sadly obvious that, this was a contrived forum for the expression of a personal vendetta and settling scores, albeit clothed in parliamentary session.

Much Ado about Nothing The tragedy of the whole debate, was that it was a classical case of much ado about nothing! A simple phone call to the Ministry of Mines and Steel Development, would have revealed to the Representatives, that the matter of the concessioning of Ajaokuta Steel Complex is premature.

Indeed, there have been no deliberate steps taken by the Buhari administration to concession the complex, outside

“THE ISSUE OF THE INABILITY OF SOME OF THE REPRESENTATIVES TO EXPRESS THEMSELVES IN ENGLISH LANGUAGE, SHOULD CHALLENGE THE LEADERSHIP OF THE NATIONAL ASSEMBLY TO DEVISE ALTERNATIVE MEANS IN CONDUCTING PARLIAMENTARY PROCEEDINGS”

Speaker, House of Representatives, Yakubu Dogara

Minister of Mines and Steel Development, Kayode Fayemi

the usual expressions of interest by diplomatic missions and job seeking transactions advisers. The Representatives curiously and sadly misrepresented the entire circumstances around the complex.

For clarity, from 2008 till date, the complex has been locked down in a legal dispute before the International Court of Arbitration. The matter is currently in mediation, with a view to achieving an amicable settlement of the dispute. A key outcome of the mediation process, is that Ajaokuta will revert back to the Federal Government without any legal encumbrances.

growing perception that the National Assembly is too self-absorbed to meet the yearnings of Nigerians. Its interventions are often always self- seeking or in promotion of self- aggrandisement.

Aside from the politics of the situation, there is the much more serious concern of lack of capacity. The obvious reality is that, our Representatives are struggling with a variety of deficient skills. The question one may therefore ask is, with all the huge sums of money appropriated for capacity building, what has been the effect on the quality of our representation? How is it even possible, that the Representatives will engage in a public debate without as much as undertaking a thorough research on the subject-matter of the debate?

A Comedy of Misinformation and Assumptions It may also be worth noting that, a simple inquiry to PWC would have revealed that the firm is not providing any services to the Federal Government relating to the concessioning of Ajaokuta Steel Complex. Also, a telephone call to the frequently mentioned Greenwich would also have revealed same - that the company is not engaged in any advisory services relating to Ajaokuta. Indeed, any talk of concessioning of the complex, can only commence after the legal knots are untangled.

Aside from the obvious misrepresentation of the transactions around the complex, there is the laughable but tragic assumption by the Representatives, that the moment Ajaokuta Steel Complex is completed, Nigeria will immediately become a global steel producing country. This reasoning is faulty on multiple grounds.

In the first place, steel production is not as easy as the production of iron and metals. It would seem that, our Representatives have unfortunately mixed up the two. There is a combination of raw materials, not in the least iron ore, that will make production of steel happen. Secondly, it should be trite that Ajaokuta cannot by itself produce steel. Its functionality depends on additional interventions, outside the mandate of the Mines and Steel Development Ministry. If the Representatives had conducted elementary research, they would have been properly advised that current discussions around Ajaokuta, contemplate availability of infrastructure. The transportation of iron ore by rail, its export through one of our ports, and of course, power. These are currently unavailable. It must be an excruciating exercise for the Mines Ministry, to explain to the Representatives that the completion of Ajaokuta, is just one aspect of Nigeria’s long road to commercial steel production.

Political Incorrectness and Lack of Capacity In an election season, it is simply bewildering that an issue that goes to the very heart of APCs key intervention area- Economic Growth- should be the subject of such a feud. The entire episode, is indicative of a Party in need of discipline. Surely, the Representatives are aware or should be aware that, public perception is everything. This optics is simply bad. The Representatives must ask themselves, how this largely highly personalised episode contributes to the broad agenda of the APC. To be sure, this will contribute to the

The Case for Parliamentary Capacity Building Programme.

The feud between the House and the Minister, will probably be resolved politically. Hopefully, that will happen sooner than later. The longer the feud goes on, the potential danger it portends for investors. Even if the House gets it way, and the Buhari administration somehow finds the billions of Naira required to complete the complex, there will always be a need for foreign capital, including expertise.

What will however, remain with us, are the effects of a House that is sorely deficient in parliamentary skills.

The issue of the inability of some of the Representatives to express themselves in English language, should challenge the leadership of the National Assembly to devise alternative means in conducting parliamentary proceedings. Consideration should be given to the idea of amending the parliamentary procedure rules, with a view to enabling our representatives speak in their local languages. That is if the idea of adopting the three main Nigerian languages – Hausa, Igbo and Yoruba is not seen as potentially discriminatory against other ethic groups. Whatever remedy is found, listening to our Representatives express themselves in broken English on matters of national importance, should no longer be a laughing matter or pun on social media.

On the issue of the glaring deficiency on subject-matter appreciation, an Internet search will reveal that the National Assembly recognises the fact that many of its members, are not adequately equipped with the necessary parliamentary skills and knowledge to discharge their tasks as legislators. A number of organisations including the National Institute of Legislative Studies, have offered courses, workshops and seminars on a variety of subjects. It would seem that there has been no consistency in the quality, frequency or approach of the training programmes. The institute should, as a matter of urgency, ensure quality and relevance of the training programmes to the needs of our Representatives. It is obvious that current training needs should include: Parliamentary procedures; the interpretation and drafting of legislation; basic economics; budgets, their reading and processing; polite communication and public speaking; reading, writing and research; time management; conflict resolution and mediation skills.

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Is the Nation Adrift?

Since the return to civilian rule 19 years ago, a majority of Nigerians have kept faith and hope, that their lot would improve under a new democratic dispensation. From Obasanjo to Yar’Adua, Jonathan and now Buhari, the perception is that each administration has come with its own set of peculiar challenges. As hope gets dimer in the polity, some have began to question the basis of their continued optimism, and the seemingly unending bickering between the Legislative and Executive arms of Government, has resulted in more pessimism as to what lies ahead for the nation in 2019. Chief Mike Ozekhome SAN, Richard Abdulahi, and Jide Ojo examine the state of the nation, and consider the potpourri of issues that are presently agitating the minds of Nigerians, including the Presidential Veto of the Electoral Act Amendment Bill, the recent abduction of the Dapchi girls, and the dastardly activities of the Herdsmen

Courts Lack Power to Stop the Legislature from Carrying Out Legislative Duties - Ozekhome

O Introduction

n March 14, Justice Ahmed Mohammed of the Federal High Court Abuja, in a suit filed by the Accord Party against the National Assembly, the Attorney-General of the Federation, and the Independent National Electoral Commission (INEC), ordered the National Assembly, not to further engage in any action or proceeding towards re-passing the Electoral Act Amendment Bill which President Muhammadu Buhari had already vetoed. The court in the said ruling, ordered the parties to “maintain status quo ante bellum” pending the outcome of the Substantive suit.

In the Nigerian system of government, the Constitution of the Federal Republic of Nigeria 1999 as amended (“the Constitution”) is rigid and supreme. The powers of the three arms of government are separated and enshrined in the Constitution, and the powers of the legislature, executive and judicial arms of the government are respectively ingrained in sections 4, 5 and 6 of the Constitution.

Disregarding the constitutionally enshrined doctrine of Separation of Powers, the Federal High Court in Abuja, on Wednesday March 14 2018, ruled to restrain the National Assembly from engaging in any further steps toward re-passing the vetoed Electoral Act Amendment Bill; an order which is tantamount to a rude usurpation of the legislative power, and one which can be considered as null and void, because it violates the tenets of the Constitution.

Dapchi: A Paradoxical Replay of Chibok There is a curious similitude and parallelism between a “Chi” controlling the life of a person, and the “Chi” that appears in Bok and Dap, in Chibok and Dapchi. They both speak of destiny, of fate – the inexorable development of events outside a person’s control, usually regarded as pre-determined by a super-natural power.

This is also called “Deux ex machina” (god in the machine); meaning, a contrivance or divine intervention. This is the scenario that has just played out in Dapchi. The “Chi” in Chibok and the “Chi” in Dapchi have something in common – abduction of innocent school girls

by Boko Haram. From their schools. In the night. In the North East.

In his response, President Muhammadu Buhari described the incident as a “national disaster”, promising that his government would do its best to ensure that every missing girl is found.

But in a series of tweets, Isha Sesay, a CNN

Whittled Sovereignty: Can Courts Restrain the Legislative Functions of the National Assembly? - Abdulahi

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Journalist, who had reported extensively on the 2014 Chibok girls abduction, disagreed. She said Buhari’s description was an “understatement”.

“Nigeria’s President Buhari calls the abduction of Dapchi Girls “a national disaster.” That’s an understatement – it’s a national disgrace.

More girls taken – again??”

Sesay continued her tweets: “I want to live in a world where the lives of the Dapchi Girls are held to be just as important as those of kids in other places. A world where everyone is talking about schoolgirls being stolen by terrorists. Is that too much to ask?

Nigeria Yobe Chibok Girls.”

Chibok and Dapchi: Six and Half A Dozen Chibok and Dapchi appear to be the same six and half a dozen; the same Hamlet and the Prince of Denmark.

Let us look at the scenario of how history just repeated itself, in the Dapchi incident.

What goes around, it is said, comes around.

On the night of 14th – 15th April, 2014, 276 girls were abducted by Boko Haram from Federal Government Girls Secondary School in Chibok, Borno State. Over 100 have never been found to date. Some have since become mothers. The whereabouts of others, unknown.

The abduction occurred exactly one year to the 2015 presidential election. The issue was used stridently by the then APC opposition party to caricature, ridicule and trounce GEJ and PDP at the polls. Four years later, the same Boko Haram, which was said to have been so “degraded” and so “technically defeated”

by December, 2016, that only a “mop up operation” for the remnants of the dregs was necessary, has now daringly reenacted history.

They have abducted at least 100 school girls; yet from another Federal Government Girls Secondary School, this time in Dapchi, Bursari LGA, Yobe State.

Historical Homology Both Chibok and Dapchi abductions, happened one year to both the presidential elections of 2015 and 2019, respectively. The abductions were carried out, by the same Boko Haram.

The same North East geopolitical zone is involved. Borno and Yobe are neighbouring States. Both cases involved Federal Government Girls Secondary Schools. The captives are all girls. The political parties tackling each other over the abduction are the same: the then ruling PDP and APC (which was then in opposition), and now in the driver’s seat. The same confusion, tension, cover-ups, suspense, fear, tears, misstatements, lies, denials, anger, national uproar. The Yobe State Governor, Ibrahim Gaidam is in the eye of the storm, as was the Borno State Governor,

Senate President, Bukola Saraki

Kashim Shettima. He has blamed the military for withdrawing troops from Dapchi area, thus, rendering it vulnerable. The Nigerian Army, while admitting the redeployment of troops from Dapchi area shortly before the abduction, however, averred that it “handed over the security of the area to the Nigeria Police”. The Police shouts foul, blue murder.

In a personally signed statement, the Yobe State Commissioner of Police, Sumonu Abdulmaliki, said the Army neither handed over any Dapchi location to it, nor informed him of its withdrawal from the area. But, wait a moment. Is this not the same Boko Haram that had been so “beaten” and so “degraded” to a pulp, that it had been rendered comatose? Has it suddenly resurrected, like a phoenix, from its ashes? What happened to the “clearance of the Sambisa forest” and the “mop up operation”?

Blame Game Is this roving “Chi” out to serve on the APC, the same bitter pill the APC had served on PDP?: Is this the law of Karma or retribution?

Is it nemesis at work? Is that why there is turbulence and continuous internal schism within the ruling party, with its dramatis personae fighting so hard to self- destruct and implode? Even PDP that was said to be “clueless” (events have proved this wrong), did not engage in this self immolatory game

Speaker, House of Representatives, Yakubu Dogara

of haemorrhaging.

When the Chibok girls were abducted under the PDP government, the then opposition APC tormented the ruling PDP, describing GEJ as “clueless” and “insensitive” for not physically going to Chibok to commiserate with the families.

We cannot all suffer collective amnesia. In the Dapchi case, I had waited in vain for a month to see Mr President fly there physically to show the “change” mantra, by doing what PDP and GEJ failed to do, until he finally did so a few

“UNDOUBTEDLY, THE REORDERED 2019 ELECTION SEQUENCE HAS GENERATED MUCH FURORE, WITH MANY ARGUING THAT THE REORDERING WAS TARGETED AT PMB, AND THAT THE NATIONAL ASSEMBLY DOES NOT HAVE THE POWER TO REORDER THE FORMAT OF ELECTIONS, AS IT IS THE EXCLUSIVE PRESERVE OF THE INEC. BUT, IS THIS CORRECT? NO”

days ago. All I had seen till most recently, were some Ministers visiting the town. Just like in GEJ’s time! And APC is holding meetings with PMB about 2019 in this trying moment.

So, why is it not possible for Gaidam to also blame PMB in the same way Shettima of Borno State ceaselessly blamed GEJ? Why “pass the buck”, which Harry Truman (former US President), once famously said which “stops here”? This meant the President made the decisions, and also accepted ultimate responsibility for those decisions. Truman kept the sign on his desk in the Oval office. I have one each on my tables in all my offices. For sure, PMB, unlike GEJ, is a trained military officer, a former military Head of State. The buck looks for him more. He is, by virtue of section 218 of the 1999 Constitution, “the Commander-In-Chief of the Armed Forces of the Federation”, and this “shall include power to determine the operational use of the armed forces of the Federation”; and the “power to appoint the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation, as established by an Act of the National Assembly”.

“Shall I tell the President?”

In addition, the President appoints and

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Accord Party v NASS & Ors he present raging controversy in respect of the Electoral Act (Amendment) Bill, 2018, and the injunction granted by the Federal High Court in the case commenced by Accord Party against the National Assembly, has once again brought to fore the contentious issue of separation of powers and the doctrine of legislative sovereignty, which admittedly is a jurisprudential Gordian knot inflexibly tied to differing positions.

On Wednesday, the 14th of March, 2018, Justice Ahmed Mohammed of the Federal High Court Abuja, made an order restraining the National Assembly from proceeding with the amendment of the Electoral Act (Amendment) Bill, 2018 pending the next adjourned date. In the wake of the injunction granted by the Court, respected legal luminaries have condemned the exercise of the preservative powers of the Court in restraining the National Assembly from exercising its powers under the Constitution. The revered Professor Nwabueze, has criticised the order of the Court as akin to rendering an advisory opinion to another arm of government, and that the jurisdiction of Court which is limited to the application of law in disputes, cannot be stretched to cover the internal functions of the National Assembly in respect of a bill that has not yet become law.

Senator Akpabio The Senate, on the other hand, has vehemently objected to such a roughshod exercise of judicial powers, which infringe and erode the sacred limits of the doctrine of separation of powers.

The Minority Leader, Senator Godswill Akpabio, who raised the point of order at plenary is reported to have said: “I have perused the Constitution, and cannot see anywhere that the Court has the power to stop the proceedings of the Senate. If this is allowed, it therefore, means that in the future the Court can stop the National Assembly from appropriating, and the country will have no budget for that year. The separation of powers is a core tenet of democracy, so there is need for the Chief Justice to caution legal officers, on issuing such orders geared towards interfering with other arms of government”.

Being a Lawyer himself, the invocation by Senator Akpabio of the doctrine of separation of powers, legislative sovereignty, and the limits imposed on the judiciary in matters relating to the proceedings of the National Assembly, and indeed, all of the other arguments against the exercise of the Court’s powers, would have immediately gained legal and legitimate traction,

except that the extant position of the law when viewed from the crucibles of the provisions of the 1999 Constitution and previous decisions of Courts, will not lend credence to the criticisms on the absolute restriction on the powers of the Court in matters relating to the legislative functions of the National Assembly.

Causes of Misconceptions Most of the misconceptions about the limits on or total absence of the powers of Court to pronounce on the acts of the Legislature, are derived from A.V. Dicey’s absolutist version of legislative supremacy, which simply posits that no authority can override or set aside the exercise of the powers of Parliament. Also, contributing to the misconception, is the common law notion of the distinct powers of the separate arms of government to exercise their functions free from interference by any other arm of Government.

That notion of Legislative Sovereignty which was adopted under the Federation of Nigeria Constitution,1960, has since changed in the United Kingdom as English Courts have held that under certain exceptions, Courts can declare legislation unlawful in certain exceptional events.

In MOOHAN v LORD ADVOCATE [2014] UKSC 67, it was held: “While the common law cannot extend the franchise beyond that provided by parliamentary legislation, I do not exclude the possibility that in the very unlikely event that a parliamentary majority abusively sought to entrench its power ..., the common law, informed by principles of democracy and the rule of law and international norms, would be able to declare such legislation unlawful.

The existence and extent of such a power is a matter of debate, at least in the context of the doctrine of the sovereignty of the United Kingdom Parliament.”

Shift from Strict Notion of Legislative Sovereignty In ALHAJI MARKARFI v HON. EDWIN EZEOKE (1981) 2 NCLR 434 AT 437, Adefarasin C.J. eloquently pronounced on the shift from the strict notion of Legislative Sovereignty when he held thus: “The Jalo Waziri case, a Nigerian case decided under the Constitution of the Federation of Nigeria 1960, ...decided that since the courts of England are powerless to control internal proceedings of the Houses of Parliament, the same position exists in Nigeria, and the action of the Speaker declaring that the seat of a Member of Parliament was vacant, cannot be questioned in Court....The decision was taken under the 1960 Constitution, which did not give the powers to the Nigerian Courts as far reaching as those provided in our 1979 Constitution... the question whether the court

“THE ARGUMENT THAT THE COURT HAS NO POWER TO ENTERTAIN ANY MATTER AGAINST THE EXERCISE OF THE POWERS OF THE LEGISLATURE IN RESPECT OF A BILL YET TO BE PASSED INTO LAW, IS DOUBLY UNTENABLE” has jurisdiction to deal with the substantive case in which the Plaintiff seeks certain declarations and an injunction, must be resolved not on the doctrine of separation of powers, but on the powers which by virtue of the 1979 Constitution, are inherent in the courts ... I would not go as far as to say that, if a legislative House were to conduct its business entirely within its internal affairs, a court will interfere. What I am saying, is that the courts of competent jurisdiction in Nigeria, have the right and the duty, where a Constitution says so, to intervene when a constitutional provision is being or is about to be violated.”

From the above decision, it is patent that the advent of the 1979 and 1999 Constitutions, has whittled that notion of absolute legislative sovereignty, as the powers of the National Assembly to carry out legislative functions and make laws for the peace, order and good government of the Federation as derived under Section 4 of the 1999 Constitution, are not couched in Dicey’s absolute terms. Section 4(8) of the Constitution 1999 (as amended) provides: “save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of the courts of law and judicial tribunals established by law...”

The potency, scope and nature of the jurisdiction of Courts to determine questions relating to the validity of the acts of the National Assembly was pronounced upon by the Supreme Court in A.-G., BENDEL v A.- G., FEDERATION (1981) 1 ANLR 85 at 141-142, when the Apex Court held: “...the Court is duty bound to exercise its jurisdiction under section 4 (8) of the 1979 Constitution, to ensure that the National Assembly comply with the provisions of the Constitution since “the exercise of legislative

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10/COVER

20.03.2018

COURTS LACK POWER TO STOP THE LEGISLATURE FROM CARRYING OUT LEGISLATIVE DUTIES - OZEKHOME instructs the IGP under section 215 of the 1999 Constitution.

Clearly, therefore, any security lapse in any part of the Federation, falls squarely and wholly at PMB’s feet. And everyone is blaming everything and everyone else, except Mr President?

Haba! Since you are not all honest with PMB, by confronting him with this truth, may I borrow English novelist, Jeffrey Archer’s title to one of his 1977 best sellers, “Shall we tell the President”? Shall I tell the President?

After PMB’s 2017 bold, albeit premature, declaration of the “final crushing of Boko Haram terrorists in their last enclave”, in Sambisa forest, shadowy leader, Abubakar Shekau, in a later video, declared a renewed war on the country, urging his followers to, “Kill all the infidels and detonate bombs everywhere”. Well over 375 people were killed by Boko Haram in 2017 alone. The bloodletting, abductions, carnage, kidnappings, in 2018 alone, are already in hundreds. Despite Government’s claims, the terrorist group is more lethal today, than it ever was.

Plea Oh, I almost forgot: the fleeting and expiration date of lies and propaganda! History, thou art cruel!! How dare you rear your monstrous visage and repeat yourself so unapologetically!!!

Please, Boko Haram, I beg you on my bended kneels; release these innocent girls, the very heartbeat and future of Nigeria.

I beg you in God’s mighty name. Let the milk of human kindness flow in your unrepentant veins. Please, please, please.

The President’s belated visit to Dapchi, many weeks after the abduction and after sustained public outcry about his incredulous ‘wining and dining’ with politicians and APC Governors concerning 2019 at a sombre moment of national travails, cannot cure the original sin of crass inefficiency and insensitivity displayed by the PMB Government. It was all a political stunt. What is the Government doing about the herdsmen killings? Nothing. They have killed more Nigerians in the last 12 months, than did the dreaded Boko Haram in six years.

The Legal Framework on Separation of Powers Indeed, the power to make laws belongs to the National and State Houses of Assembly. Sections 4-6 of the Constitution has enunciated the doctrine of Separation of Powers, which is a crucial constitutional safeguard that was espoused by Western (classical) philosophers, especially John Locke and Baron De Montesquieu. Montesquieu having been inspired by the political writings of Locke, particularly the latter’s Second Treaties on Civil Government (1690) chapter 12, espoused in his book entitled the Spirit of the Law (Chapter 11), the doctrine of separation of powers, as we understand it today in modern constitutions, including that of Nigeria. Nigerian courts in the reign of democracy, have recognised the existence of the separation of powers in the Constitution, and in HON. ABDULLAHI MACCIDO AHMAD v SOKOTO STATE HOUSE OF ASSEMBLY & ANOR, the Court Per Salami JCA held inter alia that “the doctrine of separation of powers has three implications: (a) that the same person should not be part of more than one of the arms or divisions of government; (b) that one branch should not dominate or control another arm. This is particularly important in the relationship between (the) executive and the courts; and (c) that one branch should not attempt to exercise the function of the other...”

A corollary to the doctrine of separation of powers, is the concept of Checks and Balances, which is also a powerful constitutional safeguard that cuts across the powers of the three arms of government, in checkmating their individual powers. The idea of a partial separation of functions is an important one, and does not cease to be significant simply because it is partial, instead a basic division of functions is created with an imposition of certain control mechanisms upon this fundamental division, in order to curtail the possible abuse of power by each branch, given that power corrupts and absolute power could corrupts absolutely.

Speaking of checks and balances, Professor Ojo (A, Ojo, “Separation of Powers in a Presidential Government” (1981) Public Law Journal 105) opines that “a complete separation of powers is neither practicable nor desirable for effective government. What the doctrine can be taken to mean, is the prevention of tyranny by the conferment of too much power on any one person or body and the check of one power by another”. Similarly, Professor Ben Nwabueze, SAN, thinks that “concentration of government powers in the hands of one individual, is the very definition of dictatorship, and absolute power is by its very nature arbitrary, capricious and despotic” (B. O. Nwabueze, The Presidential Constitution of Nigeria (London: Sweet and Maxwell, 1981) at 32). For instance, the oversight function of the National Assembly in section 88 of the Constitution, has at some point been attacked as a usurpation of the function of the other arms of government. In response, the Court of Appeal in SENATE OF THE NATIONAL ASSEMBLY & ORS v MOMOH (1984) 4 NCLR 269 CA held inter alia, that the provision of the equivalent of section 89 of the 1999 Constitution, did not amount to an infraction on the powers of the judiciary and the executive.

Similarly, by section 58(1) of the Constitution, the laws made by the National Assembly or a State House of Assembly require the Executive (President/Governor)’s consent in order to become law. However, given that the will of the people is represented more in the elected members of the legislature, the Constitution under section 58(4) and (5) provides that in the instance the President vetoes a bill from the National Assembly, the latter can pass the bill again to override the presidential veto, and the second passage of the bill would not require any further assent from the President. Corroborating this constitutional

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powers could declare the legislation unconstitutional and invalid. However, this power of court can only be exercised ex post facto and not ex ante. Courts cannot tell the legislature how to make laws or what must or must not be contained in a bill, by considering the provisions of the bills that are undergoing legislative processes.

Thus, it is ultra vires the judiciary to issue a restraining order against the National Assembly, not to further take steps towards re-passing the Electoral Act Amendment Bill. The National Assembly should bring an application to set the order aside, as the court that issued it lacked the jurisdiction to do so.

INEC Chairman, Professor Mahmood Yakubu

provision, the Supreme Court in NATIONAL ASSEMBLY v PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA (2003) 41 WRN 94; (2003) 9 NWLR Pt. 824 p. 104 emphasised that a vetoed bill can only be overturned by a two-thirds majority of the whole house and not a quorum, and there must be a full reconsideration of the vetoed bill, by ensuring that the bill goes through all the stages of law- making.

The Validity of the FHC Abuja Ruling based on the Application made by Accord Party Constitutionally, the President/Executive’s primary remedy towards any bill from the National Assembly, is to withhold assent, and nothing more. In the circumstance, the court/ judiciary does not have the power to restrain the National Assembly from taking steps to re-pass the vetoed bill. Even though section 4(8) of the Constitution states that the law- making power of the legislature would be subject to the oversight of the judiciary, this is not in any way an empowerment of the latter to prevent the legislature from performing its constitutional duty. Thus, even though Mustapher JSC in INAKOJU v ADELEKE (2007) 13 NWLR 427 at 670 posited that “the courts have the jurisdiction and the competence and indeed are duty bound, to exercise their jurisdiction to ensure that the legislature complies with constitutional requirement”, it does not in any way mean that the judiciary would have the power to prevent the legislature from making laws in accordance with the Constitution.

Thus, the Federal High Court, Abuja did not have the power under section 4(8) of the Constitution, to issue a restraining order against the National Assembly for the purpose of stopping it from re-passing the Electoral Act Amendment Bill.

Law-making is a constitutional duty, and the Constitution empowers the National Assembly under section 58(4) and (5) of the Constitution, to be able to pass a vetoed bill the second time, without any obstruction from the Executive. If this power is exercised in strict accordance with the constitutional provisions, the court would not be able to issue a valid injunction to stop the National Assembly in the event, because, the rationale behind injunctive remedies, is to stop a person from performing an act for which they lack right or power to do.

Injunctions are equitable remedies, and cannot sufficiently prevent the performance of a legal right. In the matter under reference, it was premature and merely pre-emptive, for the Court to issue a restraining order against the National Assembly.

If the proposed amendment was considered harmful, then the judiciary can wait until it is passed into law before it can consider it illegal and invalid. This is because, only laws can be deemed as harmful, because they are operative. Bills, on the other hand, are not operative and could be amended or abandoned before the law-making process is concluded. And of course, courts of law do not have jurisdiction to interpret bills under their section 4(8) powers; they only have jurisdictions to interpret laws. And as the Court stated in BELLO v SANNI & ORS (1982) 3 NCLR 831 if there is any illegality in a law passed by the legislature, the courts under their section 4(8)

“THUS, IT IS ULTRA VIRES THE JUDICIARY, TO ISSUE A RESTRAINING ORDER AGAINST THE NATIONAL ASSEMBLY NOT TO FURTHER TAKE STEPS TOWARDS RE-PASSING THE ELECTORAL ACT AMENDMENT BILL”

NASS and INEC: Who Blinks First?

The 1999 Constitution, the Electoral Act, 2010 and INEC Rules and Regulations, constitute the legal framework which regulates our electoral process. Provisions of these, deal with the right to associate, vote, form political parties, registration of voters, election day procedures, dispute resolution, etc.

Undoubtedly, the reordered 2019 election sequence has generated much furore, with many arguing that the reordering was targeted at PMB, and that the National Assembly does not have the power to reorder the format of elections, as it is the exclusive preserve of the INEC. But, is this correct? No. The INEC had in its time table released last year, placed the Presidential and National Assembly elections first before the Governorship and State Houses of Assembly elections. But, the NASS demurred. It has adopted the reordered sequence of the 2019 general elections, by placing the conduct of the Presidential election last on the list of elections to be conducted by the INEC next year.

With this amendment, election into the National Assembly will hold first, followed by Gubernatorial and State Assembly polls. The Presidential election which usually comes first, will now hold last.

Germane to the provisions of the law dealing with the sequence of elections are Section 76(1) of the 1999 Constitution, which provides that “elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission”.

Section 132 (1) of the Constitution further states: “An election to the office of the president shall be held on a date to be appointed by the Independent National Electoral Commission”, while Section 178 (1) provides that “an election to the office of governor of a state shall be held on a date to be appointed by the Independent National Electoral Commission”.

True, INEC has the power to organise elections and fix “a date”, but not the sequence, a function of a NASS Act. Its dates must fall within the sequence.

The NASS can amend the existing Section 25 subsection 1 and 2 of PART IV of the Electoral Act, 2010 as amended in 2011, which had placed Senate and House of Representatives elections before the Presidential election. It is therefore, right to say that the National Assembly acted within its constitutional responsibility and mandate, as provided for by Section 4 of the 1999 Constitution, when it ordered a new sequence to be adopted towards the 2019 general elections.

The NASS may have done it for selfish reasons, or self preservation. But, legally and constitutionally speaking, it has the power so to do. After all, the smaller masquerades dance first into the playground, before the mother Odogwu masquerade. I agree with the NASS’ reorganisation of the sequence, to prevent a band wagon effect, and make whoever will emerge as President work very hard by campaigning in all the nooks and crannies of Nigeria.

Corruption and the Economy: Buhari’s Greatest Achilles Heel Perhaps, the Buhari administration has scored most abysmally in the area of corruption and economy. Where corruption was democratised under GEJ, it is now privatised under PMB. The gates are too many: “Maina-gate”, “Baru-gate”, “Babachir- gate”, civil service-gate”, “oil-subsidy-gate”, “nepotism (appointments) – gate”, etc. Corruption struts around today like a peacock, rolling on its hands, legs, head and buttocks.

Where “corruption” among opposition and critics is fought with insecticides, herbicides and pesticides, real, naked corruption inside government circles is hugged, watered and serenaded with sweet smelling sasorabia cologne. TSA and BIV have been messed up. Recovered loots are never accounted for, but are instead re-looted. Recovered houses, are sold to friends and cronies for peanuts. No one knows where recovered monies are kept.

Indeed, Transparency International has just rated Nigeria no. 148 in the world, where nearby Ghana was acclaimed 81, out of 180 countries examined. Thus, Nigeria deteriorated by 28 points from her 2016 rating of 136.

Shamefully, Nigeria ranks 32nd position in Africa out of the 52 countries examined. In West Africa, only Guinea Bissau beat Nigeria, as the most corrupt country.

On the economy, this Government took Nigeria from an over $500 billion rebased economy (2015, IMP, World Bank) most prosperous economy in Africa, into recession. Prices of commodities and consumables are out of the citizens’ reach.

Petrol is from N145 per litre, where it was N87 in 2015. The naira exchanges about N365 to the dollar, from N195 in 2015.

Inflation has jumped geometrically. Hunger, despair, starvation, crime, melancholy and gnashing of teeth have overwhelmed Nigerians. Nigeria has never had it so bad.

It is left for Nigerians to throw off this neo-colonial yoke of enslavement by using their PVCs wisely in 2019.

Chief Mike Ozekhome, SAN, Constitutional Lawyer and Human Rights Activist

20.03.2018

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Nigeria in a Season of Anomie

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t’s indeed season of anomie in Nigeria.

The country has been turned to killing field, by heinous and fiendish insurgents and herdsmen. It used to be weekly bloodletting, but it has since about two weeks ago, turned into a daily ugly phenomenon. Not even the State visit of President Muhammadu Buhari to Taraba, Yobe, Nasarrawa, Benue and Plateau, has been able to stem the orgy of killings by the murderous herdsmen. The President had earlier asked the Inspector General of Police, I. K. Idris, to relocate to Benue State, while additional mobile unit has been sent to Benue to reinforce the existing force on ground. All these have achieved limited success, as the killings have continued unabated. In the last few weeks with the latest being last Thursday, March 15, 2018, Benue State had conducted two mass burial of its citizens murdered in cold blood by the rampaging herdsmen.

Herdsmen, An Attack Too Many When it became obvious that the Police are overwhelmed by the crimes and criminality of the villainous herdsmen, the Nigerian military stepped in. On February 7, 2018 the Nigerian Army announced that it had concluded plans to deploy its troops to conduct operation Ayem Akpatuma (Cat Race) from February 15 in a bid to tackle armed banditry, kidnapping and cattle rustling, in some volatile States in the country.

It was reported that the exercise that will last till March 31 this year, is an operation meant to end herdsmen/ farmers clashes and attacks on innocent members of communities in Benue, Taraba and Nasarawa States by armed men. The operation Ayem Akpatuma, a Tiv term which means Cat Race in English translation, is also targeted at combating cattle rustling in Kaduna and Niger States, as well as sundry crimes in Kogi State. The Chief of Army Staff (COAS), Lt Gen Tukur Buratai, announced the launch of the operations at the Nigerian Army Headquarters Abuja. It has been more than a month, since this military exercise commenced. Rather than abating, the evil ones seems to be gaining upper hand, as the killings are now spreading to other States like Plateau and Kogi where prior, there had been relative peace.

Between Tuesday and Thursday last week, over 30 persons were allegedly killed by herdsmen in Dekina and Omala Local Government Areas of Kogi State. The State Government, in its reaction, believed that the killings are politically motivated. On Thursday, March 8, 2018 when President Buhari went on a State visit to Plateau State, he launched the State Roadmap to Peace, a five-year strategic peace plan. He commended the State Governor for uniting the people of the state, saying, “I have been monitoring the activities of the Plateau State Peace Building Agency. I am indeed, quite impressed with the gains and successes recorded in the area of conflict management and peace building, which has returned the State to the path of relative peace”. Unfortunately, hardly had the President left Jos to return to Abuja, when the killing spree began in some communities

of Plateau State. The two-night attacks on Ganda Village of Daffo District of Bokkos Local Government Area, and on Miango village of Bassa Local Government Area, led to the death of about 11 persons.

The States that have had the bitter taste of the dose of criminality of suspected herdsmen attacks, include Kaduna, Adamawa, Taraba, Benue, Plateau, Ekiti, Ondo, Edo, Kogi, Enugu, Nasarawa and Zamfara. The surprising thing is that, Government seems to be at its wits end, as all efforts to curb this menace seems futile. This has led to a lot of insinuation about lack of political will, poor intelligence gathering, sabotage, lack of adequate manpower and financial resources to rein in these marauders called herdsmen.

Like Chibok, Like Dapchi While the herdsmen are having a field day maiming, killing and destroying the property of people with impunity, their partners in crime, the Boko Haram terrorists dealt a fatal blow on the Nigerian security forces, when on Monday, February 19, 2018, they struck at Government Girls Science and Technical College (GGSTC) Dapchi in Yobe State, and abducted 110 school girls. Though Federal Government has set up a 12 member Committee, to look into how and why the Dapchi abduction took place, one is at a loss as to whether any lesson was learnt from a similar abduction that took place on April 14, 2014 in Chibok in Borno State, where over 270 schoolgirls were abducted by the Boko Haram insurgents.

There were allegations that the Nigerian military was informed of the plans by Boko Haram, to attack and conduct mass abductions in Yobe State. It was reported that the Defence Headquarters was notified by the Defence Intelligence Agency, of plans

by Boko Haram militants to carry out a massive attack in February. The confidential memo dated February 6, 2018, and titled “Plans by BHT to Carry out Massive Attacks in Maiduguri and Damaturu”, was allegedly signed by Brigadier-General E.A Adeniyi. If truly the military was forewarned that these insurgents would carry out this abduction, what did they do to prevent it? Why did the military leave Dapchi without security? Even though the military is claiming to have handed over to the Police, the Police had denied vehemently that there was such handover.

While the buck-passing is going on, Government has pledged to negotiate with the terrorists for the release of the Dapchi girls. This is a bad omen, as prior negotiations with the group for the release of over 100 Chibok girls further reinforced the terrorists, as the money and some of the terrorist commanders allegedly swapped for the Chibok girls enabled the insurgents to regroup and become more vicious.

The Dapchi kidnapping, has further poohpoohed the Federal Government claim that it had technically defeated the Boko Haram insurgents. The Constitution of Nigeria 1999, as amended in section 14(2)(b) says the security and welfare of the people shall be the primary purpose of government. With

Chief of Army Staff, Tukur Buratai

Inspector General of Police, Ibrahim Idris

the high level of insecurity in the country, it means the Government has failed in abiding by the social contract it has with the people.

The upshot of the prevalence of insecurity in Nigeria, includes food insecurity and humanitarian crises. Millions of my compatriots, are now living deplorable lives in Internally Displaced Persons Camps. These IDPs are no longer productive, and have been turned to parasites. Public and private properties worth billions of Naira, have also been destroyed by these terrorists.

The way out of this insecurity include the overhauling of the security architecture of this country, mopping up of small arms and light weapons in the hands of wrong people in the country, arrest and diligent prosecution of masterminds and arrowheads of these crimes against humanity, compensation to the victims of these crimes, and enactment of laws for the establishment of State Police and Cattle Ranching. There is also need to ensure that our security agencies, are well resourced with human and material needs.

“WHILE THE HERDSMEN ARE HAVING A FIELD DAY MAIMING, KILLING AND DESTROYING THE PROPERTY OF PEOPLE WITH IMPUNITY, THEIR PARTNERS IN CRIME, THE BOKO HARAM TERRORISTS DEALT A FATAL BLOW ON THE NIGERIAN SECURITY FORCES, WHEN ON MONDAY, FEBRUARY 19, 2018, THEY STRUCK AT GOVERNMENT GIRLS SCIENCE AND TECHNICAL COLLEGE (GGSTC) DAPCHI IN YOBE STATE, AND ABDUCTED 110 SCHOOL GIRLS”

Right by President to Withhold Assent on Electoral Act On the controversies generated over the withholding of presidential assent on the amendment bill of the Electoral Act 2010, I think the President is in order to exercise that constitutional right. Likewise, it is within the right of the National Assembly to seek to override that veto. Unfortunately, we have begun to see the judiciary dragged into our electoral process too early, in the lead up to 2019 general elections. I do not think it was right for individuals or a political party to approach the court to stop another arm of government from exercising its constitutional powers. What the Presidency needs to do, is to lobby the National Assembly to see reason and make the necessary adjustments, and not to override the presidential veto. I am happy that this issue, though subjudice, may have been discussed at the truce meeting held between the Presidency and the leadership of the National Assembly on Thursday, March 15, 2018. I foresee a situation whereby, if the presidential veto

is overruled, the members of the National Assembly who may have spearheaded that action, will be denied tickets on the platform of All Progressives Congress.

When recently, the Independent National Electoral Commission released timetable of election for 36 years (2019 – 2055), it came to me as a surprise. I do not totally agree with the Commission on this action. We should actually be looking at possibility of holding all our future elections in one day, and not two, as INEC has proposed.

I enjoin all people of goodwill, to join Government to fight and overcome the nagging issues of insecurity in this country.

As has been requested of us, “if you see something, say something!” Eternal vigilance, is the price of liberty.

Jide Ojo, Legal Practitioner, Abuja

WHITTLED SOVEREIGNTY: CAN COURTS RESTRAIN THE LEGISLATIVE FUNCTIONS OF THE NATIONAL ASSEMBLY? - ABDULHAI CONTINUED FROM PAGE 9 powers by the National Assembly....shall be subject to the jurisdiction of the Court....” The objections to jurisdiction, cannot therefore, be sustained.”

The Apex Court, while recognising the independence of the National Assembly, however, held that such jurisdiction being constitutionally derived, is exercisable by Courts. The Court held: “...Our National Assembly is not a sovereign legislature in the strict sense. Its legislative powers are not only restricted by the Constitution, but also the mode of exercising the powers are specified therein. Any infringement of the provisions of the Constitution relating to these matters, is subject to the jurisdiction of the Court by virtue of the provisions of Section 4(8) of the Constitution ...one of the consequences of the separation of powers, ...is that courts would respect the independence of the legislative powers.

However, if the Constitution makes provisions as to how the legislature should conduct its internal affairs, or as to the mode of exercising

its legislative powers, then the Court is duty bound to exercise jurisdiction, to ensure that the legislature comply with the constitutional requirements.”

The above decision, clearly accentuates the position of law on the intervening powers of Court under the 1999 Constitution, to entertain and determine questions relating to the validity or otherwise of the acts of the National Assembly.

Courts Have the Power The barrage of criticisms against the decision of the Honourable Justice Mohammmed, would seem to range from the contention that Courts absolutely lack powers to interfere with the proceedings of the National Assembly as asserted

by Senator Akpabio, to the assertion that Court lacks the power to perform advisory functions by pronouncing on a bill which is yet to be passed. Whichever direction the arguments swing, it is clear from the above cases, that Courts clearly have power to adjudicate over questions

relating to the validity or otherwise of the acts of the National Assembly, notwithstanding the stage of the legislative process. There is no exception whatsoever, to the exercise of judicial functions in those circumstances.

The argument that the Court has no power to entertain any matter against the exercise of the powers of the legislature in respect of a Bill yet to be passed into law, is doubly untenable.

In A.-G., BENDEL v A.- G., FEDERATION (Supra), although the Bill was already passed, the Court pronounced on whether a Court can pronounce on the validity of a Bill. The Apex Court held: “... there is, even in the United States of America, room for the view that the mere certification of an Enrolled Bill, does not preclude the judiciary from carrying out inquiry as to the constitutional validity of the enrolled Bill or Act. In Countries where Parliament (and not the Constitution) is sovereign, the courts there also are known to have taken the view that they are not bound to uphold the validity

of a Bill, albeit enrolled, if it carries its death warrant in its hand...I have already said that the Committee has no power to pass a Bill into law. It follows, therefore, that the passage into law of the Revenue Allocation Bill of 1981 was unconstitutional...”

In the case of Accord Party against the National Assembly, the Plaintiff took out an Originating Summons against the National Assembly, challenging inter alia, the constitutionality of the powers of the National Assembly to enact a law which operates to override the powers of INEC under the constitution. While the proprietary or otherwise of the orders of Court to maintain status quo is an entirely different issue which ought to be separately considered, the criticisms that the Courts completely lack power to entertain such actions, is most ludicrous having regard to the above decisions and the clear provisions of the Constitution.

Richard Abdulahi, Senior Counsel, Olatunde Adejuyigbe & Co., Ikeja, Lagos.

12/

20.03.2018

IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

A Contract: More than a Sheet of Paper

W

e enter into contracts all the time, from simply boarding a bus from Oshodi to Obalende, to buying a cinema ticket to watch Black Panther, to even more complicated transactions like taking a bank loan or purchasing an aircraft. We rarely contemplate, the consequences of making contracts. As human beings, we naturally look on the positive side of things, and assume that the transactions which we enter into will work perfectly.

In the event that they do not, what happens? It is really when things go wrong, that the law of contract comes into play. This is the point where tempers rise, and parties seek legal help. The following are excerpts of a conversation, between an aggrieved party and her Lawyer in relation to the subject.

Client: “Lawyer, I need you to sue him for breach of contract. He must be dealt with, he cannot get away with cheating me oh!”

Lawyer: “Ahh, breach of contract.

Which contract? Was there a written agreement?” Client: “I may not be a Lawyer, but I know some legal terms.”

Definition of a Contract The above discussion highlights the importance of contract law, towards controlling the millions of agreements that collectively make up the market economy. My law text books, teach me that a contract may be defined as an agreement between two or more parties, that is binding in law. It is a means of supporting a commercial bargain, and of ensuring that there will be a remedy, if the agreement is not carried out according to the terms laid down by the parties. It is not just a sheet or more of paper, and should not be seen as a mere formality. The aim of commercial contracts, is to create certainty in dealings between the parties to the contract, and an easy method of enforcement of rights where necessary.

The general principle of law, is that not all contracts need to be reduced into writing. However, because both parties to a contract do not have equal bargaining power in reality, it is wise to gets things documented.

Domestic Disputes It is interesting to note that, there is a difference between social cum domestic contracts, and commercial contracts.

This distinction can be seen in the fact that a contract between mother and child, may not be enforceable as held in Jones v Padatton. In this instance, the court held that there was no intention to create a legal agreement.

This presumption will be rebutted in the case of estranged couples, domestic agreements where money has changed hands, or where one party has suffered a detriment by failing to comply with the agreement. There you go! You are not likely to be successful in law, if you sue your parent(s) for monies they had promised to give you, if you obtained a specific grade. Generally, arrangements

made between family members, are usually left to the parties themselves to sort out, otherwise our courts will be filled with domestic disputes, as held in the celebrated case of Balfour v Balfour. Permit me to borrow the terminology usually used at police stations, “domestic contracts na family matter”.

Commercial Disputes Commercial disputes on the other hand should be addressed with greater seriousness, as agreements made in this context, are presumed to be made with an intention to be legally bound. It is unfortunate to find big shots, particularly in the entertainment industry, complaining that someone they are in contract with has taken advantage of them. Sadly, after discussing with such people and looking through the agreements, it becomes clear that the contract the artist or artiste signed, allows for the very conduct for which they are now seeking counsel. In every industry, there are people and companies willing to take advantage of young artists and entrepreneurs, or those too interested in the deal, to take the time to understand the agreement. Unfortunately, some people never even read the contracts that they sign, so they have no idea of the various ways in which they are exposing themselves to liability. Legally,

except in extreme cases of fraud, it doesn’t matter what you were told, the contract speaks for itself. It is critical not only to read the contract in detail, but also to understand the wordings and intentions before signing it.

Templates: Use with Care Small business owners, are often guilty of making use of templates. I have heard an entrepreneur argue this position, based on the principle of “half a loaf is better than none”. I immediately wondered if he had heard of the saying that “anything worth doing, is worth doing well.” The truth is that, precedents need to be used with care, with a view to ensuring that they are fit for the relevant purpose.

Elements of a Good Contract Contracts should not be heavily skewed towards one party. They should be reasonably balanced, for ease of negotiation. Agreements should not be drawn up in isolation, thus the draftsman should be guided by the provisions of the law within the relevant jurisdiction. The need to make use of plain English cannot be over-emphasised. The world is moving away from the use of Latin maxims and “big big” grammar. Many times, less is more. The quality of the contract and the need to reasonably protect

“GENERALLY, ARRANGEMENTS MADE BETWEEN FAMILY MEMBERS, ARE USUALLY LEFT TO THE PARTIES THEMSELVES TO SORT OUT, OTHERWISE OUR COURTS WILL BE FILLED WITH DOMESTIC DISPUTES, AS HELD IN THE CELEBRATED CASE OF BALFOUR V BALFOUR. PERMIT ME TO BORROW THE TERMINOLOGY USUALLY USED AT POLICE STATIONS, “DOMESTIC CONTRACTS NA FAMILY MATTER”

interested parties, should however, not be jeopardised for the sake of simplicity.

Small Businesses To avoid conflicts, there are some basic contracts that are relevant to small businesses. These are confidentiality, employee, sales, service, suppliers contracts, and in the case of online businesses, website terms of use agreement.

One of the best ways to protect your business from legal liability with respect to members of staff, is to have an employment offer letter issued and sent to every employee hired. The employee should then be required to sign a copy, as evidence of the employer-employee relationship.

In addition, many businesses sell products, and therefore, need welldrafted Sales Contracts. The Sales Contract lays out the price, terms, and conditions, for the sale of goods, equipment, or other products. It could simply take the form of an invoice.

Essential to website based businesses, which are now commonplace, is a Terms of Use Agreement. This is a contract between the website owner and the users of the site, as well as any purchasers of goods or services from the site. It serves to limit legal liability to the site owner.

Of course, micro businesses (like Mama Sikira selling akara), do not require these formalities. It is therefore, important to understand your profession or business and the implications of incurring liability in the course of duty.

Coming closer to home, the practice of law is a business. Therefore, it is important for Lawyers to understand the contracts relevant to their industry.

Oral instructions, should be taken with care. Letters of instruction and engagement, should be made use of, as they are the primary documents evidencing the client-customer relationship. It is more difficult to deny a written agreement than an oral one, hence the need to put things in writing and do things properly.

20.03.2018

THE LIGHTER SIDE/13

LEGAL HUMOUR Q: What's the definition of mixed emotions?

A: Watching your attorney drive over a cliff in your new Ferrari.

Q: What's the difference between a lawyer and a vulture?

A: Lawyers accumulate frequent flyer points.

Q: What's the difference between a lawyer and a terrorist?

A: You can negotiate with a terrorist.

Q: What's the difference between a bankrupt attorney and a pigeon?

A: The pigeon can still make a deposit on a Mercedes.

We Hold Your Brief

Q: What's the difference between lawyers and buzzards?

A: Lawyers have removable wing tips.

TOBI SONIYI Dear Counsel, I am a single mother, with two sons who are in boarding school. I got a call while I was on a business trip to Singapore, that my house help was hospitalised. On my return four days later, she narrated to me how my driver forcefully had carnal knowledge of her while she was preparing to go to bed at 10pm.

She told me how her shouts drew the attention of our neighbours, who eventually came to her rescue. The Police were called in that same night, and my driver was arrested. But to their surprise, he was released the very next day. Of course, the driver absconded before my return.

But I went to the Police with my girl, the Police informed that that she wasn’t raped. That my driver claimed that the girl is his girlfriend on whom he had been spending money, and she willingly consented to the act. My house help, in tears, denied this before the Police, and the Police said they couldn’t do anything, as they found no evidence of rape. That it was a consensual act between two willing adults. Please, advice.

Princess Gold, Ajah

Dear Princess, Although you didn’t state the age of your house help, rape is rape. as far as one of the parties didn’t consent to the act, it is rape.

Rape, in the common usage of the term, is the forcing of sexual relations by a man upon a woman against her will.

Also, in certain States, it is statutory rape when a male has sexual relations with a female who is under the age of consent, even if she is a voluntary and willing participant in the sexual act. In recent years, several courts have ruled that rape exists when a woman forces sexual relations upon a man against his will or, in some instances, when a female has relations with a male who is under the age of consent, even if he is a voluntary and willing participant in the sexual act. Rape also can take place between two people of the same sex. The age of consent in Nigeria is 16.

Now, my advise is that you petition the Commissioner of Police, Lagos Command and tell him what has happened. The criminal must be apprehended and prosecuted, otherwise, he might take his libidinous activities elsewhere, and cause more misery to families.

BPSR REPORT: NO STANDARD GUIDELINES FOR ARREST, DETENTION AND BAIL IN NIGERIA structure, observing a centralised and complex command structure, that leaves all power and control with Force HQ, constant deployment and reassignment of men across commands, state commands having differing laws in operation, state commands having different customs and cultures, Police Officers are potentially able to request transfers to more ‘lucrative’ commands, and multiple channels of arrest because of different formations and specialised units.

“While laws governing arrest, detention and bail across the country are many and dispersed, there are no standardised guidelines for arrest, detention and bail. Knowledge and understanding of the different laws, where they apply, and how they apply, is not uniform among officers. Investigation is often long drawn out, and frequently hampered by limited human and material resources. There are no set standards for time”, the Report said.

The Report explained that the chain of command is often

too long, instructions get lost in transmission, and lower ranks operate with more autonomy than is due; and that apart from the Crime Bureau where officers have to be certified for investigation, there are no specialisations, and officers get transferred across functions, even as transfers are frequent and can be influenced.

It however, cited an example of good practice, where there are efforts in Lagos State to create synergy between police formations and special units, and where an established mechanism for case file preparation has helped to speed up processing for bail and referrals.

While looking at foreign jurisdictions, the Report stated that in addition to various laws to guide arrest, detention and bail, Britain and Kenya have developed detailed guidelines to reduce discretion.

“In Kenya, suspects are released on cash bail, with or without sureties, but there is broad latitude for Police discretion in

TRIAL OF AG MOELLER MD, FOR ALLEGED FRAUD RESUMES MARCH 27 of their genuineness.

“This led us to approach the Finance House Association of Nigeria (FHAN), to confirm whether the company is licenced by the CBN to conduct the business of finance lease and charge interests. Our fears were confirmed.

“The contentious transaction was a finance lease facility of a principal cost outlay of N140 million for a two-year lease effective from 1st February, 2008 at an interest rate of 60 per cent per annum with 10 per cent flat and 5 per cent flat monthly as default rates.

“The company’s criminal claim of N213,142,447.88 as outstanding on the transaction as at 18th January, 2011 as per their letter of 25th January 2011, would amount to a whopping sum of N296,058,864.54 as interest/default on the transaction within a period of two and a half years.

“It is clear from the above analysis, that if this company is not urgently put in check, their method of operation and sharp

ONTINUED FROM PAGE 5

practices may destroy well-meaning businesses/organisations thus, negating your regulatory role in the economy.

“We therefore, pray as follows: that the criminal activities of the promoters of AG Moeller Limited, be thoroughly investigated and sanctioned to act as deterrent to others.

“We seek your assistance to save our company from this criminal extortion and thus, salvage some of the fraudulently collected interest on this transaction, as such was collected under false pretence.”

Meanwhile, the criminal charge against AG Moeller and Olukemi before Justice Abang, is already at the stage of defence.

The Defendants initially filed and moved a no-case submission, which was overruled. They opened their defence, and have called three witnesses so far.

The Defendants had indicated that they would call two other witnesses, following which Justice Abang adjourned the matter until March 27 for continuation of trial.

Q: What's the definition of a lawyer?

A: A mouth with a life support system.

Q: What do you get when you cross a lawyer with a demon from hell?

A: No changes occur.

Q: How many lawyers does it take to stop a moving bus?

A: Never enough.

Q: How many lawyers does it take to change a lightbulb?

A: How many can you afford?

Q: Did you hear about the new microwave lawyer?

A: You spend eight minutes in his office and get billed as if you'd been there eight hours.

Q: What's the difference between a law firm and a circus?

A: At a circus, the clowns don't charge the public by the hour.

CONTINUED FROM PAGE 6 deciding the magnitude of the offence and for setting. In Ghana, all offences are bailable, and suspects released on self-recognisance.

Ghana also allows Police discretion. In South Africa, suspects are released on cash bail for minor offences, but bail for more serious offences is set by the court”, it stated.

The Report suggested reforming the Police Bail process, through a standardised approach and practice, with regard to arrest, detention and bail, training Police officers to compliance, improve synergy between police formations, with responsibility for arrest and detention, and establish functional supervisory mechanisms and internal control system to enhance the existing provost system, among others.

Speaking at the Report Presentation event, the Secretary to the Government of the Federation (SGF), Mr. Boss Gida Mustapha, said the Federal Government is making efforts to establish at least one Police forensics laboratory in each of the six geo-political zones in the country, to enhance their investigation capacity.

Mustapha, who was represented by the Permanent Secretary (PS), General Services Office (GSO), in the Office of the Secretary to the Government of the Federation (OSGF), Mr. Olusegun Adekunle, also said that the Government has put in place short-term measures to combat kidnapping across the country, including the tighter police methods, swift and severe punishment for those proved to be engaged in the act.

According to him, many Nigerians had misunderstood the process of bail in the country, with many believing that once an accused person is released on bail this automatically signifies the end of the matter.

The acting Director General of the BPSR, Mr. Dasuki Arabi, said the roundtable on “Mapping the Process of Obtaining Bail at the Nigeria Police Station”, was aimed at improving the Police bail process, and was organised at a time when the Federal Government is trying to ensure effective service delivery, by the Nigeria Police Force.

He said the study was carried out in three phases, with the first phase in the FCT, second phase in Enugu, Kano and Lagos States; while the third phase, was in Borno, Edo, and Akwa Ibom States’ Police Commands and Formations.

14/CASE REVIEW

20.03.2018

Heritage Bank Ltd v Benworth Finance (Nigeria) Limited: A Review Folabi Kuti reviews the recent Supreme Court decision in Heritage Bank v Benworth Finance, in respect of the proper way to endorse originating court processes and the consequences of not so doing. He draws comparisons with the Apex Court’s earlier decisions in cases based on similar facts, like Okafor v Nweke, which seem to be at variance with that of the Heritage case, concluding that the latter‘throws up many more strands to the discussion’

T

OKAFOR v NWEKE he decision of the Supreme Court in OKAFOR v NWEKE [2007] 10 NWLR [Part 1043] page 521, is presumptively well known in legal circles; such that it is scarcely necessary to recount the bare details here.

To be sure, it made a strict prescription for how, and by whom, processes of court are to be signed. The inflexible rule in OKAFOR v NWEKE, is now so regularly applied, that it has also attracted, by extension, a direct attribution to a revered English Law Lord, all too often quoted, to announce the ensuing catastrophe to a court process that falls short of the prescription: ‘You cannot put something on nothing’.

The Supreme Court, by its recent decision in HERITAGE BANK LIMITED v BENWORTH FINANCE (NIGERIA) LIMITED (judgement delivered February 22, 2018), has now, it would seem, introduced a strand of distinction to the application of the seeming inflexible rule in Okafor v Nweke. The facts stated simply: the writ of summons by which the action at the trial court was initiated, was properly signed by a legal practitioner, but not so for the statement of claim. It was issued and signed in the name of a law firm. Instructively, the defect was only raised for the first time, when the matter went on appeal to the Supreme Court. The Supreme Court, per Ejembi Eko JSC in the lead, in overruling the objection, made two distinctions, viz, (i) the originating process (that is, the writ of summons) was properly signed by a legal practitioner, and; (ii) -in any event- the objection as to the defective statement of claim, was not timeously raised.

Commendable, and indeed a welcome development; the reasoning that the right to complain, and -in attendance- invoke court’s jurisdiction to strike out an action, may be waived when the offending court process is a statement of claim (and, not a writ of summons), for which the defendant/objector did not raise complaint timeously. What however, appears to have introduced an uncertain binding force of precedent into this approach, is that this very distinction of waiveable private right on improperly signed or defective court processes save originating papers, with respect, may have been inadvertently introduced without clear adherence to the binding force of precedents.

Specifically, two characteristically similar cases need to be treated the same way - except where the earlier decision is expressly overruled.

Hamzat’s Case Put simply, the Supreme Court in Heritage Bank’s case, failed to take account of its earlier decision in ALHAJI TAJUDEEN BABATUNDE HAMZAT & ANOR v ALHAJI SALIU IREYEMI SANNI & ORS [2015] LPELR-24302 [SC], which was of the same fact pattern as the Heritage Bank’s case. Suffice it to say that, the selfsame Supreme Court reached a diametrically opposed view with respect to the defective statement of claim in the earlier decision.

Briefly, the facts of Hamzat’s case, are that the Plaintiffs instituted an action by their writ of summons, issued and signed by their counsel, "MUYIWA OBANEWA Esq. of OLUMUYIWA OBANEWA and Co. Legal Practitioners. However, the "Statement of Claim" and "Amended Statement of Claim" of the Plaintiffs respectively, were both signed by their counsel thus: "OLUMUYIWA OBANEWA & CO. LEGAL PRACTITIONERS, SOLICITORS TO THE PLAINTIFFS." The Defendants were dissatisfied with the final decision of the learned trial judge (after hearing the case on the merits), and appealed unsuccessfully, to the

Court of Appeal. Still not satisfied, the Appellants approached the Supreme Court, and, inter alia, challenged the competence of the statement of claim, on which evidence of the Plaintiffs’ witnesses at the trial court was based. Much like the Heritage Bank’s case, the objection as to the improperly endorsed statement of claim, was raised at the Apex Court for the first time.

Presented with the above fact situation (as in the later case of Heritage Bank), the Apex Court -in Hamzat’s- felt able to hold that the properly signed writ -being the originating process- made the action valid and competent. However, with reference to the defective statement of claim, the Apex Court was emphatic that no evidence could be led or considered on it, and thus, the evidence led at the trial court, was of no consequence.

In the earlier Hamzat’s case, the Apex Court reached a different conclusion, on the same set of facts; with regard to the defective statement of claim, from that in Heritage Bank’s. Evidence led on the defective statement of claim at the trial court, was permitted to stand, and indeed the evaluation of same, subsequently secured the affirmation of the two lower courts’ findings in favour of the Plaintiff/Respondent.

The Court’s earlier decision in Hamzat’s, appears not to have been cited or referred to in the Heritage Bank case, thus, leaving out the possible suggestion that the latter decision has expressly overruled the former. And even if it was referred to, one panel of the Supreme Court (comprising of 5 Justices) cannot overrule another panel of equal number. It would require the full court (of 7 Justices) to overrule a previous decision of the Court. PAUL ODI & ANOR. v GBANIYI OSAFILE & ANOR. [1985] 1 NWLR [Pt.1] 17. What emerges from the present scenario, is a position of conflict of decisions of the Apex Court, on the applicability of the rule of OKAFOR v NWEKE to an improperly signed statement of claim only. This leaves Counsel and/or the lower Court, the latitude to pick and choose any of the conflicting decisions, as opposed to the suggestion that Heritage Bank’s, has now introduced a proviso to the rule in OKAFOR v NWEKE. Still on the potential area of conflict, an argument (to the effect that Okafor’s should not be applied retrospectively) which was enthusiastically pursued, howbeit futilely, in SLB CONSORTIUM v NNPC, was arguably accepted in Heritage Bank’s, at least in the concurring opinion of Hon Justice Odili JSC. It is conceded, that statement of law; which is not contained in the leading opinion, is not part of the ratio decidendi of the case. Whilst not contained in the leading opinion of Ejembi Eko JSC, it is however, worthy to mention, that the concurring opinion of my Lord, Odili JSC, held inter alia, that ‘This issue needs no elaborate consideration, since at the said time of the writ of summons the procedure then allowed for signature of legal firms, and so the processes leading to this appeal which took place way before 2007 when the Supreme Court judgement of OKAFOR v NWEKE. (2007) 10 NWLR (Pt. 1043) 521 was delivered and showed the new way in compliance with sections 2(1) and 24 of the Legal Practitioners Act..’ Judging by the nature of our adversarial litigation system, some future reliance, in context, may not be expressly ruled out at this stage.

The above notwithstanding, the high watermark of Heritage Bank’s is a clear statement -of the Apex Court- that objection to an improperly signed court process (excepting originating process) is a waiveable private right; which brings the jurisdictional issue involved to the level of a procedural, as opposed to a substantive

one. Put simply, it is an objection that must be raised at the earliest opportunity, or the objector loses the opportunity once he files, and indeed goes ahead to defend the case on the merits.

This ‘balancing act’ indeed accords with a view some time ago expressed by Hon. Justice Peter Affen (of the High Court of the FCT, Abuja), writing extra-judicially in ‘Judicialism in Nigeria: Gasping For Breath Under Our Watch’ (2015).

In my view, the same conclusion (as in Heritage Bank’s), can be extended to an improperly signed writ of summons/originating process.

Where the Defendant fails to object before taking a further step, he loses the opportunity.

In OKAFOR v NWEKE.; similarly re-echoed in FBN v MAIWADA [2013] 5 NWLR [Pt. 1348] P. 444, the Apex Court appeared to have identified a difficulty, when a significant part of the reasoning, centred on the fact that the provision being interpreted was a prescription of substantive law, as opposed to a rule of court.

Oguntade JSC declared, matter-of- factly: “It would have been quite another matter if what is in issue is a mere compliance with court rules.” Looked at in the round, the fact that it is a statutory provision that has come up for interpretation, would still not rob the court of the opportunity of treating same as a waiveable private right, where objection is not raised at the earliest opportunity. The jurisprudence underpinning OKAFOR v NWEKE., was put as the need to ensure responsibility and accountability on the part of a legal practitioner who signs a court process. At first blush, this appears a public policy issue that may not be waived; or is not voidable at the instance of the adverse party in a litigation. But still, balancing the act, the unintended numbing effect (of the application of OKAFOR v NWEKE.) is actually ‘the painful realities that confronts a litigant when counsel fails to sign processes as stipulated by the Law’, per Rhodes-Vivour JSC in SLB CONSORTIUM LIMITED v NNPC (2011) 9 NWLR (Pt. 1252)317.

Without more, this raises a case in point to treat an improperly signed writ of summons/originating process, as a waiveable private right at the instance of the opposing party. I would add that, the proposition that an improperly signed writ of summons is a waiveable private right, is lent credence to, by the fact that other improperly signed processes are– by the holding in Heritage Bank’s- to be treated as a waiveable right at the instance of the objecting party. Put differently, if Counsel are to be held responsible on account of how and whom to sign originating processes, by parity of reasoning, and perhaps to secure the jurisprudential leaning, responsibility should be accorded in respect of every other process prepared, signed and filed by legal practitioners, without a shield availing the erring Counsel on account of a delayed complaint from the objecting party.

Arguably, it is not an easy comparison, but for

“IN THE EARLIER HAMZAT’S CASE, THE APEX COURT REACHED A DIFFERENT CONCLUSION, ON THE SAME SET OF FACTS; WITH REGARD TO THE DEFECTIVE STATEMENT OF CLAIM, FROM THAT IN HERITAGE BANK’S. EVIDENCE LED ON THE DEFECTIVE STATEMENT OF CLAIM AT THE TRIAL COURT, WAS PERMITTED TO STAND....” whatever it is worth, there seems an instructive cue to be drawn from the progressive trend the Apex Court demonstrated, around the interpretation of the provisions of the Sheriffs & Civil Process Act (SCPA), on service outside jurisdiction. Time was (and on this, I refer to SKENCONSULT v UKEY [1981] 1 S.C.6; NWABUEZE v JUSTICE OBI OKOYE [1988] 4 NWLR [Pt.91] 664 at 668), where proceedings were declared a nullity; where service vide the provision of section 99 of the SCPA was not complied with, as it could not be waived. Not so, the decisions of the Apex Court in EZOMO v OYAKHIRE [1985] 1 NWLR [Pt. 2] 195; ADEGOKE MOTORS v ADESANYA [1989] 3 N.W.L.R [Pt 109] 250 introducing the issue of waiver, thought. At some point, the decisions were said to conflict; the very point which was exhaustively and painstakingly examined and put in proper perspective, by the illuminating decision of the FULL COURT; Ogundare JSC (in the lead, of the majority 6-1) in O’DUA INVEST. CO. LTD. v TALABI [1997] 10 NWLR [Pt. 523] 1 at 21-2. SC. To cut it short, the law today – still interpreting the substantive provision of s.99 of SCPA- is that where a party takes steps in a matter, he is deemed to have waived his right to object to the fact that the writ of summons in question offends the provisions of the SCPA, and in such fact circumstance, a violation of sections 97 and 99 of the SCPA will amount to an irregularity.

All said, Heritage Bank’s has thrown up many more strands to the discussion. Certainty is a wholly achievable aim of the law, on the points raised here, that are far from being determined.

Finally. Should the Court reconvene? Certainly, at some other auspicious time.

Folabi Kuti, Partner, Perchstone & Graeys, Lagos

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Open Letter to President Muhammadu Buhari Yemisi Koya, a Lawyer and a Medical Doctor, writes a compassionate letter to President Buhari, lamenting that the recent abduction of the Dapchi girls, was an avoidable recurrence.

She points out that, if the girls are not rescued forthwith, they are likely to suffer the same unfortunate fate as the Chibok girls, which includes sexual and physical exploitation. She concludes by making viable suggestions on the way forward

I

Dear President Buhari, am compelled to write this open letter concerning a matter of utmost national import, to wit:- the abhorrent and systematic capture of part of our national treasure, specifically, the recurring and unconscionable kidnapping of the country’s school-aged girls in dastardly fashion.

Following vacillating accounts of the facts, during the week of February 18, 2018, the country was obscenely jolted by the mystifying report of yet another horrific and violent abduction of approximately 110 (one hundred and ten) school girls from another school in Nigeria, the Government Girls Science and Technical College in the town of Dapchi in Yobe State. In the aftermath of the unresolved calamity regarding “the Chibok girls” whereby, approximately 300 (three hundred) other girls were savagely stolen from their school, it is incontestably confounding that this dreadful catastrophe has ensnared the nation again. How alarming! The nation still awaits, in scandalised despair, the evasive news of the rescue of all the Chibok girls from the loathsome and unbridled clutches of child abductors; only to be confronted by the stark reality that more girls “the Dapchi girls” had been pugnaciously kidnapped. Lamentably, an avoidable recurrence. Consequently, our republic is forced to ponder in persistent horror, where next, the menace will appear.

For posterity, I am obligated by sober civic responsibility to describe in graphic depiction, the fate endured by and dreadfully exacted upon these innocent children in captivity, to eradicate any iota of ambivalence concerning, the callous enormity, amid the vortex of malignant evil that engulfed the girls, desecrated their existence and eviscerated their hopes and dreams.

Such fate should not befall any citizen of Nigeria. The evidence attendant with the return of some of the Chibok girls, in repugnant and sickening dimension, underscores the extent of their oppression, both physical and psychological, during their reprehensible confinement.

Alas, regarding the physical evidence, as grotesquely predicted, some of the Chibok girls eventually reunited with their families and communities, returned with babies. Without any equivocation, it is categorically declared that, the Chibok girls were

President Muhammadu Buhari

not pregnant at the commencement of their abduction and brutal imprisonment. Therefore, the revolting and irrefutable conclusion, is that they were impregnated in captivity, through repeated acts of despicable rape and sexual defilement. Such fate now awaits the presently enslaved Dapchi girls.

Therefrom, the nation must, in agonising introspection, consider the real underlying motivation for these abductions. Again, the evidence compels the logical conclusion, that a primary objective, is the odious apprehension of the young girls for sexual and physical exploitation. Utterly repugnant! How can such heinous brutality flourish in the “Giant of Africa”? It must be decisively aborted.

The full spectrum and impact of the psychological trauma endured by the apprehended girls, may take years to unravel. Tragically, the young girls who

“THEREFORE, THE REVOLTING AND IRREFUTABLE CONCLUSION, IS THAT THEY WERE IMPREGNATED IN CAPTIVITY, THROUGH REPEATED ACTS OF DESPICABLE RAPE AND SEXUAL DEFILEMENT. SUCH FATE NOW AWAITS THE PRESENTLY ENSLAVED DAPCHI GIRLS”

were forcibly taken as hostages, repeatedly violated, and witnessed the sexual domination of their peers, endured abject hopelessness, vile degradation, and excruciating separation from their families and loved ones, at a minimum, will exhibit signs of cognitive, emotional and social impairment with long-term consequences of national implication, that may reverberate through generations unborn. These atrocities bear the classic insignia of war crimes and overt terrorism. Moreover, the pernicious torment is not limited to the abducted, but rather, permeates the afflicted communities and aching soul of a completely traumatised nation, for an attack on one Nigerian, is an attack on all. This constitutes hell on earth; living in relentless trepidation of the next insurrection, while considering the gruesome fate of our seized children.

Woe of all woes!

The unambiguous declaration of open hostilities against the nation by the marauding guerillas, can no longer be ignored or tolerated, particularly since, in blatant rampage, they claim our youth as the spoils of war. This declaration of war necessitates the full onslaught of the might and power of the Nigerian government. The unprovoked and unconscionable attack on our innocent children, must be annihilated in the strongest of terms.

The fate of any nation depends on the welfare and enduring aspirations of all its children, female and male. No

nation can survive otherwise or thrive in the perpetuity of malevolent peril.

The onus to obliterate this threat and ensure the security of Nigerians, subsists squarely with your administration and must not be abdicated, by dereliction or commission, for the consequences are absolutely ominous.

Therefore, in an ardent appeal to terminate this sacrilege, protect our youth and safeguard the nation’s survival, I implore Your Excellency to: r &YQMJDJUMZ EFTJHOBUF BOE BEESFTT this horrendous matter, as one of extreme national priority and urgency; r $SFBUF BO FMJUF TQFDJBM PQFSBUJPOT command to investigate the kidnappings, and extract the captured; r &YQFOE BMM OFDFTTBSZ SFTPVSDFT UP rescue all abducted Chibok and Dapchi girls, through coherent and comprehensive search and rescue operations; r %JSFDU UIF GVMM BSTFOBM PG UIF nation’s armed forces to suppress the diabolical scheme and the perpetrators; r "VHNFOU UIF TVSWFJMMBODF capabilities of the nation’s intelligence apparatus to monitor the insurgents, and utilise the information expediently to prevent future abductions; r 3FUBJO SFOPXOFE FYQFSUT JO BCEVDtion prevention and anti-insurgency techniques, to assist the nation in developing integrated long-term strategies and lasting solutions to eliminate the threat; r 1SPUFDU BMM TDIPPMT JO UIF IJHI risk areas of the nation, by deploying superior and competent security forces to defend them; r &OTVSF UIBU UIF NPOFZ BMMPDBUFE GPS these measures, is not misappropriated; r &OKPJO UIF MFHJTMBUVSF UP FOBDU MBXT that classify such abductions as aggravated crimes against humanity with corresponding punishment; r &TUBCMJTI XFMGBSF QSPHSBNNFT UP handle the constellation of the issues confronting the rescued girls and their families; and r %FDMBSF B QFSJPE PG OBUJPOBM NPVSOing for the kidnapped girls.

For the sake of the abducted girls, their families and the nation, and in the confidence of the fundamental rights enshrined in the 1999 Constitution of UIF 'FEFSBM 3FQVCMJD PG /JHFSJB BT amended, that guarantee all Nigerian citizens the right to dignity, personal liberty and freedom from discrimination, and Your Excellency is sworn to preserve, protect and defend, I await most earnestly, dynamic action by Your Excellency’s administration to conclusively purge the nation of this blight seeking with wanton impunity to irreversibly compromise our youth, national existence and our collective heritage.

Thank you for your kind attention and solemn consideration of this letter.

In reflective contemplation of the full measure of the promise of Nigeria, I remain, a concerned citizen.

Dated this 28th day of February 2018.

Dr. Yemisi Solanke Koya, Esq., Lawyer, Medical Doctor, USA ysolankekoya.alc@gmail.com

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20.03.2018 ADVERTORIAL

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BUSINESSWORLD

ENERGY

NAPTIN Trains 545 Nigerian, Ghanaian Electricity Workers Ejiofor Alike The National Power Training Institute of Nigeria (NAPTIN) is to train 545 of Nigerian and Ghanaian electricity workers under its collaboration with the Association of Power Utilities of Africa (APUA).

Speaking recently at the NAPTIN regional training centre in Lagos to kick start the training of 300 staff of the Transmission Company of Nigeria (TCN) under the APUA training programme, the Acting Managing Director of NAPTIN, Mr. Ahmed Bolaji Nagode said the institute was privileged to be the only APUA Centre of Excellence in the whole of English speaking West Africa. “This feat was achieved as a result of NAPTIN meeting the requirements of APUA for admission into the African Network of Centre of Excellence in Electricity (ANCEE) culminating in an MOU with APUA whose dividend we are witnessing today. Under the collaboration NAPTIN will be training staff of Power Utilities in Nigeria and Ghana to the tune of 545. TCN alone constitutes 300 and the Distribution companies will be 203,VRA/Gridco Ghana 42,�

Nagode said.

Nagode added that this initiative will not only lead to enhancement of the capacity and competency of the manpower of these utilities, but also transform into improvement in the delivery of electricity to the countries and also serve as a mean of generating foreign exchange to

the nation because this contract with APUA is in Euro currency and being paid to our TSA account.

According to him, the training programme is being implemented in batches in order not to unsettle the smooth and scheduled operations of the utilities.

He said the first batch of 106, which started last week, is of two trades - Transformer and Switch gears Maintenance with 60 trainees, adding that this is taking place in Lagos while the Power System Protection training of 46 staff is holding simultaneously in NAPTIN’s Kainji Regional Training Centre, New Bussa in Niger State.

Nagode said NAPTIN’s venture into regional and international partnership was in fulfillment of its target under the Federal Ministry of Power, Works and Housing Medium Term Sector Strategy (MTSS) goals. “The National Power Training Institute of Nigeria (NAPTIN) has keyed into President Mohammed Buhari’s administration initiative of job creation for Nigerian teeming youths. NAPTIN will this year be training young Nigerians who seek to develop career in the power sector, on skills acquisition programmes that are in high demand in the privatised utilities namely, Distribution Substation Operation (DSO), Cable Jointing, Lines Maintenance, and Electrical Fitting. In addition to this is the training on Solar PV Installation and Maintenance which will give those who

The House of Representatives Committees on Local Content and Gas Resources have lauded Total Exploration and Production (E and P) Nigeria’s level of compliance with the Nigerian Local Content policy.

Both committees also described the oil firm’s commitment to boosting oil production in the country as commendable.

The Chairman, House Committee on Local Content, Emmanuel Ekon, who expressed delight over the progress made by Total, when the committee members toured the Egina FPSO, in Apapa recently, said even though the oil firm has more to do, it has shown commitment to Nigeria’s local content policy.

Egina, is one of the deepest oil fields operated by Total with water depths ranging from 1,400 to 1,700 metres, was discovered by Total Upstream Nigerian Limited in 2003 within the Oil Mining Licence (OML) 130, some 200 kilometres south of Port Harcourt in Rivers State.

In his remark, Ekon stated that “this is the pride of Nigerian Local Content policy. What we saw here today means Local Content is working. I am here with my colleagues to see what Total

has done. I have been part of this project, even though I met the project half way, but I have followed this project.�

He added: “I saw the FPSO before it got here. I am sure that my colleagues are very proud of what Total has done especially those from the Local Content Committee and I want to commend the Total Nigerian team.

I want to say that we didn’t come here for investigative visit we came to add our voices and commend you for your commitment as well as urge you to do more.

We call all other multinationals in this country to emulate what Total has done.

They have kept faith with the Nigeria project and the Local Content regime.�

The House Committee Chairman noted that this was the first time in Africa FPSO integration was going to be done in Nigeria, adding that the achievement is a quantum leap for the Local Content regime. “The Egina FPSO is now anchored here in LADOL yard and integration is ongoing.

Therefore, it is very impressive and I want to call on other IOCs operating in Nigeria to emulate what Total has done. This is the first project after Egina was signed.�

cal zones,� he explained.

According to him, NAPTIN has a robust curriculum, state of the arts training equipments and highly trained faculty in Solar PV system that has qualified her as a leading training outfit in this area.

He stated that NAPTIN’s pedigree has earned her

recognition as centre for training and certification

by ECOWAS Centre for Renewable Energy and Energy Efficiency (ECREEE) and also a collaboration with International Finance Corporation (IFC) to train young Nigerians in Solar PV Skills acquisition.

“We have just concluded a training collaboration with WINROCK, under the Renewable Energy and Energy Efficiency Programme (REEP) sponsored by USAID. The Training took place at our Ijora Regional Training Centre,� he added.

CARS45 MERCHANT ACADEMY INDUCTION

L-R: Vice President Trading, Cars45, Mr. Mohammed Iyamu; Chief Executive OďŹƒcer Cars45, Mr. Etop Ikpe; Director of Operations, Cars45, Mr. Chinedu Okwuosa; Representative of Lagos State Employment Trust Fund (LSETF), Mr Wisdom, at the induction ceremony of the Cars45 Merchant Academy in Lagos ... recently

NIRSAL: Nigeria’s Shea Butter NigeriaStillBehindinAgriculture Potential is Worth N115bn Technology Devt Olawale Ajimotokan in Abuja

House Lauds Total E&P’s Commitment to Nigerian Local Content Sunday Okobi

graduate from this course opportunity to be self-employed and also play a critical role in the country’s drive towards promoting renewable energy as an alternative source of power production.

The first batch for the First Quarter is Two Hundred (200) drawn across the 6 geo politi-

The Nigeria Incentive Based Risk Sharing System for Agriculture (NIRSAL) has estimated that Nigeria’s current gross shea value is worth $320 million (N115 billion).

The Managing Director of NIRSAL, Aliyu Abdulhammed made this valuation yesterday the 11th annual Shea Conference in Abuja organized by Global Alliance in conjunction with USAID and the Federal Ministry of Industry, Trade and Investment.

Shea, which major derivatives include pharmaceutical, food and cosmetic products, is chiefly grown in three states of the federation. The states are Niger, Kwara and Kebbi.

Abdulhammed said the Nigeria presently produces 425,000 metric tonnes of Shea kernels, which is only about 40 percent of its potential.

He added that if the value chain is supported with additional financing and production is expanded to cover the other Shea Belt States in the North Central agricultural zone, Nigeria is capable of grossing about half a trillion Naira.

He stressed that NIRSAL had gone ahead to initiate a pilot intervention programme for fixing of the processing of the shea value chain by partnering with a firm called Agreeable, to finance the four intervention projects along the value chain, by producing shea butter for the confecionary and cosmetics industry.

“Imagine the revenue that we will gross, if we hit the 1million metric tonnes at the production level of converting Shea kernels to Shea butter alone, which will be almost a half a trillion naira. To achieve this I will like to call on the stakeholders because the global market is available for us,�

He called for the introduction of legislation against indiscriminate felling shea nuts and other economic trees and the for state governments to support NIRSAL primary projects with waivers and reasonable tax waivers.

Minister of State of Industry, Trade and Investment, Aisha Abubakar, who declared the conference open, said the shea industry had created unprecedented opportunities for means of livelihood for over four million women and youths across the shea producing and processing countries from picking, packaging and logistics support.

Abubakar said the global market for natural cosmetics is estimated to be about $30 billion and is projected to grow at 10 percent annually.

She said there is a growing public perception in European markets such as Germany, France and the UK about the health and safety of natural ingredients such as shea butter over synthetic substitutes.

Abubakar, however, lamented the about 80 percent of Nigeria’s shea is exported in its raw form, insisting the federal government will place emphasis on the on the importance of adding value to its nuts through processing.

Assistant Country Project Manager, Aviana Agritech Service, Segun Makanjuola, has said that Nigeria is still lagging behind in agriculture technology development.

Speaking at a press conference in Lagos recently on the Aviana Nigeria International Expo 2018, Makanjuola said agriculture is being practiced technologically for better results in other countries.

He added: “Some of us that have travelled round the globe have seen the way agriculture is practiced technologically.

We need to import these ideas and technology, to blend with our traditional competence.

Because when we begin to do things the right way, it shortens time for good result.

When we make little or no mistakes, we get better result in a short while. “Before the boost of the commercialisation of agriculture started, hoes and cutlasses, do little. Now with improved technology, tractors come in what we can plough one hour with a tractor, 100 people will not do it with their hoes and cutlasses�.

He said that over time, security of the country has been an issue but a lot of programmes still thrive and people are missing opportunities because Nigeria has potential in agric businesses.

Aviana Assistant Country Project Manager said: “The expo is in partnership with Fishery Society of Nigeria, Poultry Association of Nigeria, feed mills manufacturers association of Nigeria, Crop life

Nigeria, Catfish Association of Nigeria, ECOWAS Farmers Association of West Africa, all Farmers Association of Nigeria, Animal Science Association of Nigeria. Also, it has Premier Feed Mill, the producers of Top feeds brand and Olam group, the producers of chicken and aqualis feeds.

According to him, Aviana Africa expo gave birth to Aviana Nigeria expo and has been in existence in other countries of Africa for years in Kenya, Uganda, India and South Africa. “Because of the importance of Nigeria in African agribusiness, the organisation decided to come to Nigeria to network the stakeholders and their products in agriculture and agribusiness to other part of the world.

The expo will offer a unique productive B2B opportunity between the world’s leading agricultural and agribusiness stakeholders, companies, farmers, government agencies, farmers group and NGO’s to formulate policies and business opportunity that will enhance the development of agriculture , encourage investment, international trade, market networking , skills acquisition and technical-know-how.

On his part, National Sale Manager, Olam Group, Mr. Matthew Asuelimen, said that their company has been trading and exporting grains to all over West Africa, and some parts of Europe and America.

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Nigeria on the Receiving End of Climate Change Increasing violence in Nigeria, occasioned by conflicts over land use, natural resource development, and disruptions in traditional lifestyles, is largely climate-related, writes Paul Parks

Gas aring in Niger Delta The Nigeria Watch Project at the University of Ibadan reported that in 2017 more than 8600 people were killed in Nigeria from civil strife, criminal acts, resource-related conflicts, and other violent incidents. While this number is down substantially from the more than 20,000 deaths at the height of the Boko Haram conflict in 2014, the level is more than twice as high than in the five years before 2010.

This increase in violence is tied to a large degree to land use, natural resource development, and disruptions in traditional lifestyles.

Where climate degradation and conflict were once seen primarily as a Niger Delta issue related to oil development, conflict has now become endemic in the North East with Boko Haram and in the North Central region between herders and farmers. While these various conflicts have diverse causes, climate change is a factor in all of them. Climate change is causing increasing temperatures leading to encroaching desertification, rising sea levels leading to coastal degradation, variability in weather patterns to stresses in the agricultural and livestock sector resulting in volatile food prices, and more frequent and violent storms.

Climate change is a gradual and complex process, and the outbreak of violence is related to many factors beyond environment, but to quote the Norwegian researcher Halvard Buhring: ‌. take the notion of climate change as a “threat multiplierâ€? seriously and investigate the conditions under which climatic changes may accentuate the threat to societal stability and peace, and the mechanisms through which a destabilising effect might materialise.

Nigeria is not alone in facing this challenge.

For example, climate change affecting land use and herding occur in places as diverse as

Bhutan in the Himalayas to Algeria in North Africa. In sub-Sahara Africa, climate change impacts traditional herding in Kenya, Namibia, and Uganda among others. Explaining why his children would not follow in his footsteps, one Algerian herder said: “It’s not like it was before. There isn’t rain.� This statement rings equally true in Northern Nigeria.

Researches from institutions as diverse as University of Texas, Cambridge University, and Peace Research Institute in Oslo Norway demonstrate the links between climate change and conflict. This has led to serious consideration of ways to reduce these risks, which is increasingly discussed in international forums. In almost all the research, Africa is shown to be particularly vulnerable to conflict augmented climate change.

Policy makers in Nigeria need to understand how climate change acts as a threat multiplier and to address this on a policy and operational manner. Maintaining stable livelihoods is a primary objective of any government, and changing climate is increasingly a determinant in this.

Consider migration, as national resources are degraded and depleted by climate related factors, stable livelihoods are undermined leading to migration. While public attention has focused on herders or youth attempting to make the crossing to Europe, the far more numerous migration is from rural to urban areas. Rural dwellers are increasingly unable to support themselves and are forced to seek economic refuge in cities, which are often already overwhelmed in providing public services and employment.

Considering environmental degradation, Lake Chad is a stark warning of what can happen. In the last thirty years the rainy

season in Northern Nigeria has decreased by 30 days and the Sahara has advanced southward by 1-10 km a year. Lake Chad once the largest fresh water lake in the country has now shrunk by at least two thirds. Indeed, in Nigeria, what remains of Lake Chad is basically swamps and wetlands. The Lake’s disappearance along with the tripling of the Basin’s population since the 1980s has led to massive food insecurity for more than 2 million people in Northern Nigeria and widespread extreme poverty. This poverty, economic fragility, drought and environmental degradation has provided a fertile ground for non-state armed groups such as Boko Haram to contest state authority across the region.

In the international climate negotiations, the response to these climate impacts is referred to as adaptation. The Paris Climate Accord, signed by 174 countries, recognises that climate change is happening and that adaptation measures are urgently needed. Nigeria has signed and ratified this accord, and submitted to the UN its first national climate strategy, a large part of which addresses adaptation.

Indeed, Nigeria has worked diligently to be a strong partner in the Paris Accord.

Lake Chad is never going to be the lake it once was, yet even in its reduced state it provides livelihood to two million and food security to thirteen million people.

The World Bank working with Nigeria and the other affected countries has developed a comprehensive plan to improve the lives of the people who depend on the lake. The plan looks at improving management of the remaining fisheries and agricultural production, better land and water rights, better logistics, renewable energy, improved education and health of the people. The plan does NOT

try to refill the lake, instead it takes what exists and works to improve the lives on the people who now, and in the future, will depend on it.

This adaptation approach needs to be applied to other climate challenges. The current crisis over the migrations of the herders needs to take into account that farmers too are suffering from climate change. Variability of rainfall in the Plateau States has increased by 20% putting pressure on famers lifestyles. Given the inexorable, albeit not fully predicable, increased aridity and desertification; the stress on both herders and farmers will only get worse in the future.

For adaptation to be successful, greater public discussion about active involvement across all stakeholders is urgently needed.

Climate change is with us, and the stress on Nigeria will only increase. To be successful, adaptation measures requires well developed, long-term plans that address the complexities of the issue, including the reduction of violence. These plans will take years and much money to implement, and require the long-term commitment of the government.

It is encouraging to see the Governor of Kebbi State speaking out on this. Public dialogue needs to expand to all levels of government and citizens and lead to actions.

Far too many Nigerians live on the very edge of economic survival and are the ones must vulnerable to climate impacts and susceptible to the allure of violence. Nigeria needs to move forward quickly and decisively on addressing climate change in very tangible ways.

- Parks, who is of Carbon Limits Nigeria, writes from Lagos

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BUSINESS/MONEYGUIDE

Milost Plans $1 Billion Investment in Unity Bank Nume Ekeghe åÓÞÒ Ă‹Ă‘Ă?Ă˜Ă?ĂŁ ĂœĂ?ĂšĂ™ĂœĂž Milost Global Inc. is looking to inject as much as $1 billion to recapitalise Unity Bank Plc, which is struggling to build buffers after a slowdown in Africa’s biggest economy, according to two people familiar with the matter.

Bloomberg reported that New York-based Milost offered to invest $700 million in equity and $300 million in five-year bonds that can be converted into shares in the Nigerian lender.

It quoted one of those familiar with the deal to have said this.

The private-equity firm will get an initial stake of about 30 percent in the Lagos-based bank in exchange for its first equity investment of $250 million, the person said.

The transaction is still subject to a due diligence as well as regulatory approvals, the people said. The first part of the deal may be completed in the second quarter, one of the people said.

The rest of the cash will be drawn down in intervals over a period of four years, provided Unity Bank has sufficient shares to issue to Milost, one of the people said.

Some small- and mid-sized Nigerian lenders are battling to rebuild capital levels after a slump in oil prices triggered a foreign-currency shortage and a contraction in the country’s economy in 2016 made it difficult

for businesses to repay loans.

Unity Bank, which was formed out of the merger of nine banks between December 2005 and March 2006, said in April last year that it is in talks to sell its non-performing loans to avoid penalties after missing a deadline set by regulators on its recapitalisation plans.

An investment in Unity Bank will be Milost’s third in a publicly traded Nigerian company since it agreed to pump $350 million into oil-services company Japaul Oil & Maritime Services Plc in February and to provide a $250 million financing facility to Resort Savings & Loans Plc. Several calls to the numbers listed on Milost’s website went unanswered.

The private-equity firm is targeting companies that trade at less than half of their intrinsic value using a facility combining debt and equity that it calls the Milost Equity Subscription Agreement, it said in an emailed statement on Monday.

Milost buys shares of a company at a minimum 50 per cent premium to its market value, and then pegs this price over the next 90 days.

If the stock fails to exceed this threshold, the target company will pay the difference to Milost in the form of extra stock, and a penalty of 10 percent to 20 percent of the discount that the share is trading at over a five-day period, it said. “The Milost Equity Subscrip-

tion Agreement is a growth instrument that creates and builds confidence in the stock of the companies in which it invests,� the company said.

The targeted company cannot draw down the full committed facility in one tranche and is only allowed to use it from time to time over a three- to five-year period, with Milost eyeing a seven- to nine-year horizon for an exit, it said.

Net income at Unity Bank slid almost 54 per cent to N2.18 billion in the 12 months through December 2016, with assets of 493 billion naira, according to the company’s latest annual report.

Its NPLs stood at 48 percent in 2016, when it reported its second straight year of negative capital adequacy ratios, the report showed. The stock has gained 10 percent this year, giving Unity Bank a market value of 15.8 billion naira.

Nigeria’s banking regulator allows lenders to count certain classes of debt and equity among the buffers that they need to set aside to survive market turmoil without causing risk to the financial system. Capital adequacy ratios across the banking industry worsened to 11.51 percent in June from 14.78 percent a year earlier, according to the central bank.

Unity Bank’s shares fell 8.9 percent to N1.23, its lowest since January 25, amid a global selloff in equities.

CBN Pumps Fresh $210 Million into Forex Market The Central Bank of Nigeria (CBN) yesterday injected another sum of $210 million into the interbank forex market as part of its desire to sustain liquidity in the market and ensure improved availability of the greenback in various segments of the market.

According to the figures obtained from the CBN yesterday, the Bank 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.

In addition, customers requiring forex 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 and reassured the public that the Bank would continue to intervene in the interbank foreign exchange market in line with its desire to sustain

liquidity in the market and maintain stability.

He said that the steps taken so far by the Bank in the management of forex was paying off, as reflected by reduction in the country’s import bills and accretion to its foreign reserves.

The central bank had last Monday injected the sum of $210 into the wholesale segment of the forex market.

Meanwhile, yesterday, the naira traded at an average of N360/$1 in the BDC segment of the market.

CEO Unity Bank, Tomi Somefun

MARKET INDICATORS MONEY AND CREDIT STATISTICS 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)

The Central Bank of Nigeria (CBN) has issued an approval in principle to Cellulant Nigeria Limited to operate as a Payment Solution Service Provider in Nigeria having satisfied the requirements by the regulator.

The approval makes Cellulant one of the Payment Solution Service Providers (PSSP) in Nigeria. PSSPs are the companies that make up the underlying e-Payment infrastructure in Nigeria. Banks, Online Merchants, payment processors, merchants, state-governments and consumers connect to PSSPs to meet their electronic payment needs.

Cellulant is the provider of the Tingg Payment Service & AgriKore Customer Relationship Management (CRM) service that is used by Governments, private sector companies, farmers, merchants in Nigeria & the rest of Africa, Asia to ensure end

to end electronic payments in Agriculture and other consumer facing value chains. Cellulant’s payment solution is underpinned by highest global security standards.

According to a statement, the solution is ISO/IEC 27001& PCIDSS certified and all records are backed up on a blockchain ledger which ensures that accounts cannot be hacked, and records cannot be changed.

The co-founder and Chief Executive Officer of Cellulant Nigeria, Mr. Bolaji Akinboro, stated that the approval would enable the company to extend its payment solutions across all spectrum of Nigeria’s payment system ecosystem.

According to him, ‘‘Cellulant is a critical component of Nigeria Payments system and a key actor in delivering

the payments systems vision 2020 especially as it pertains to digitising payments within Agriculture and adjacent payment verticals such as transport & logistics; We want to assure CBN and all Nigerians that we will not disappoint them.�

Akinboro further stated that “this approval sets Cellulant into a select group of less than 7 companies that operate as PSSPs in Nigeria and will help add millions of economically active but financially excluded Nigerians into the digital payment ecosystem.�

Cellulant is a financial technology company that provides the e-payment solution known “Tingg� and the developer of the world acclaimed e-wallet system that has transformed Agriculture in Nigeria and the rest of Africa.

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

Cellulant Gets Payment Solution Service Provider Licence

(MILLION NAIRA)

AUGUST 2017

22.63

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

14.00

Treasury Bill Rate

13.35

Savings Deposit Rate

4.08

1 Month Deposit Rate

8.86

3 Months Deposit Rate

10.14

6 Months Deposit Rate

11.51

12 Months Deposit Rate

11.40

Prime Lending rate

17.69

Maximum Lending Rate

31.20

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

OPEC DAILY BASKET PRICE AS AT FRIDAY MARCH 16, 2018

The price of OPEC basket of fourteen crudes stood at $62.74 a barrel on Friday, compared with $62.24 the previous day, according to OPEC Secretariat calculations.

The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela SOURCE: OPEC headquarters, Vienna

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MARKET NEWS

NSE All-Share Index Falls Further on Continuing Bearish Sentiments Goddy Egene Trading at the Nigerian stock market resumed for the week with a decline as the bears remained in control for the fourth consecutive session. The Nigerian Stock Exchange (NSE) All-Share Index fell 0.21 per cent to close lower at 41,845.92 as bearish sentiments persisted. Similarly, market capitalisation closed lower at N14.96 trillion.

Accordingly, the month-to-date loss stood at to 3.43%, while the year-to-date gain reduced to 9.42 per cent. The depreciation recorded in the share prices of Nigerian Breweries, Ecobank Transnational Incorproated, Flour Mills, Transcorp, and Stanbic IBTC Holdings among others were mainly responsible for the decline recorded yesterday.

Market analysts at Cordros Capital said: “In our view, it is

P R I C E S MAIN BOARD

F O R DEALS

likely investors take advantage of soft prices to hunt bargains in the equities market, leading to a positive outlook in the short term. Also, strengthening macroeconomic fundamentals remain supportive of gains in the medium to long term.�

However, the bears were strongly in control yesterday as 36 stocks depreciated compared with 14 others that appreciated.

Cadbury Nigeria Plc led the price

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

losers with 9.6 per cent, trailed by Niger Insurance Plc with 9.5 per cent. Unity Bank Plc shed 8.8 per cent, while FTN Cocoa Processing and LASACO Assurance Plc fell by 7.1 per cent and 5.5 per cent respectively. WAPIC Insurance Plc and Linkage Assurance Plc closed 4.9 per cent and 4.8 per cent lower in that order.

Other top price losers included: Wema Bank Plc, Dangote Flour Mills Plc, Skye Bank Plc, Ecobank

T R A D E D MAIN BOARD

A S

Transnational Incorporated (4.8 per cent apiece); Continental Reinsurance Plc (4.6 per cent); University Press Plc, Tantalizer Plc(4.5 per cent); Japaul Oil & Maritime Services Plc (4.4 per cent).

On the positive side, C & I Leasing Plc led the price gainers with 9.9 per cent, trailed by United Capital Plc with 5.6 per cent, while N.E.M Insurance Plc (4.8 per cent). Cutix Plc appreci-

O F

ated by 4.4 per cent, just as PZ Cussons Nigeria Plc and African Prudential Plc chalked up 2.3 per cent and 1.5 per cent respectively.

In terms of sector performance four indices closed in the red, while only one appreciated. The NSE Industrial Goods Index was the lone gainer, up 0.5 per cent.

The NSE Insurance Index led the losers with 2.8 per cent, followed by the NSE Banking Index that fell 2.1 per cent.

1 6 / 0 3 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

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T H I S D AY ˾ TUESDAY, MARCH 20, 2018

MARKET NEWS

Transcorp Hotel Shareholders Approve N946m Dividend Goddy Egene The shareholders of Transcorp Hotels Plc last Friday approved the dividend of 12.45 kobo per share recommended by the board.

Transcorp Hotels Plc recorded a revenue of N13.843 billion for the year ended December 31, 2017, down 9.5 per cent from N15.312 billion in 2016. Profit after tax fell from N4.094 billion in 2016 to N2.682 billion in 2017.

The decline resulted from the impact of the six-week Abuja airport closure on the hotel’s operations and the closure of

some floors for upgrade in the hotel.

However, the shareholders, who spoke at the annual general meeting (AGM) of the company said but for the ingenuity of board and management, the performance would have been worse. They therefore, commended the board and management for sustaining profitability and recommending a dividend.

Speaking at AGM, the Chairman, Progressive Shareholders Association of Nigeria (PSAN), Mr. Boniface

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager.

Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return.

An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

Okezie hailed the management and staff of the company for the performance amidst sociopolitical and economic challenges that impacted negatively on hotel occupancy.

Okezie mentioned among others, the six weeks airport closure and the ongoing renovation of Transcorp Hilton Abuja, saying: “All of these in no small measure impacted the business significantly and would have affected the profit margins considerably. Instead what we have is a strong performance and a substantial dividend

floor of the Nigerian Stock Exchange.

A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg.

Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange.

GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 16-Mar-2018, unless otherwise stated.

payout of 12. 45kobo. Indeed all of us should be proud as stakeholders in this business.”

Also speaking, President, Trustee Shareholders Association, Alhaji Muktar Muktar said:“In the midst of this, the hotel management under the Chairmanship of Olorogun O’tega Emerhor and Managing Director/CEO, Valentine Ozigbo trudged on with hard work as well as numerous innovations which paid off hugely and this is proven in the reputable awards garnered in the last financial year.”

Reviewing the performance of the company in the last financial year, Emerhor said: “We have recorded huge strides with the upgrade of Transcorp Hilton Abuja in keeping with our promise to stakeholders to build Africa’s choice hospitality assets and the company’s achievements have been duly recognized globally as evidenced in the several prestigious awards.”

Speaking in the same vein, Ozigbo noted that the company was able to operate profitably during the period.

“Global standards in service delivery propelled Transcorp Hotels to retain its market leadership in luxury hospitality services and the hotel was able to achieve occupancy of 63 per cent. In line with our core values of enterprise, execution and excellence, we closely monitored our operational costs without sacrificing on the quality of our services. Room rates and prices for our food, beverage and ancillary revenue sources were periodically reviewed in keeping with our superior offerings,” he said.

Offer price: The price at which units of a trust or ETF are bought by investors.

Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return.

NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 187.44 188.11 5.44% Nigeria International Debt Fund 241.32 242.00 4.28% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.86 0.87 4.21% ACAP Income Funds 0.63 0.63 4.47% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 15.65% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 163.18 164.33 7.57% AXA Mansard Money Market Fund 1.00 1.00 15.09% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 14.95% Paramount Equity Fund 12.83 13.11 3.59% Women's Investment Fund 102.55 105.18 1.91% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund N/A N/A N/A CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 15.09% Coronation Balanced Fund 1.11 1.13 5.81% Coronation Fixed Income Fund 1.09 1.13 5.65% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,192.41 1,193.58 3.88% FBN Heritage Fund 148.05 149.41 6.22% FBN Money Market Fund 100.00 100.00 14.80% FBN Nigeria Eurobond (USD) Fund - Institutional $115.04 $115.54 1.86% FBN Nigeria Eurobond (USD) Fund - Retail $115.07 $115.57 1.99% FBN Nigeria Smart Beta Equity Fund 176.87 179.61 9.99% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 1.38 1.41 5.94% Legacy Debt Fund 2.96 2.96 2.83% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,163.33 3,202.58 6.06% Coral Income Fund 2,543.95 2,543.95 3.98% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 14.60% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 1.00 1.00 14.87% Vantage Balanced Fund 2.14 2.17 1.51% Vantage Guaranteed Income Fund 1.00 1.00 16.75% Kedari Investment Fund (KIF) 117.69 118.03 2.32%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.17 1.19 1.49% Lotus Halal Fixed Income Fund 1,059.08 1,059.08 2.71% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 16.18 16.33 14.82% Meristem Money Market Fund 10.00 10.00 14.17% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.30 1.33 9.65% PACAM Fixed Income Fund 11.42 11.49 3.53% PACAM Money Market Fund 10.00 10.00 13.05% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 142.28 144.78 10.48% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.53 1.53 3.36% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,372.99 2,391.82 5.77% Stanbic IBTC Bond Fund 179.94 179.94 1.98% Stanbic IBTC Ethical Fund 1.09 1.10 8.42% Stanbic IBTC Guaranteed Investment Fund 228.48 228.57 3.76% Stanbic IBTC Iman Fund 194.11 196.31 8.39% Stanbic IBTC Money Market Fund 100.00 100.00 14.87% Stanbic IBTC Nigerian Equity Fund 10,386.68 10,529.28 7.42% Stanbic IBTC Dollar Fund (USD) 1.08 1.08 1.89% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund N/A N/A N/A United Capital Bond Fund N/A N/A N/A United Capital Equity Fund N/A N/A N/A United Capital Money Market Fund N/A N/A N/A United Capital Eurobond Fund N/A N/A N/A United Capital Wealth for Women Fund N/A N/A N/A ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 13.32 13.52 6.27% Zenith Ethical Fund 14.08 14.25 6.81% Zenith Income Fund 19.64 19.64 3.83% Zenith Money Market Fund 1.00 1.00 13.05%

REITS NAV Per Share

Yield / T-Rtn

10.00 134.17

-11.35% 1.29%

Bid Price

Offer Price

Yield / T-Rtn

12.55 159.29 119.18

12.65 162.71 121.41

3.53% 11.53% 9.09%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

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TUESDAY, MARCH 20, 2018˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

After Landslide Re-election, Russia’s Putin Tells West: I Don’t Want Arms Race Russian President Vladimir Putin struck a softer tone toward the West on Monday after winning his biggest ever election victory, saying he had no desire for an arms race and would do everything

he could to resolve differences with other countries, according to Reuters.

Putin’s victory, which comes at a time when his relations with the West are on a hostile trajectory,

Zimbabwe Stolen Funds Amnesty: Millions Still to Be Returned Zimbabwe’s President Emmerson Mnangagwa has released the names of hundreds of companies and individuals who failed to return $827m (£590m) illegally stashed abroad despite an amnesty, according to BBC. After taking office last year Mr Mnangagwa gave individuals and companies 90 days to give up the funds.

He said on Monday it had resulted in $591m being returned, less than half the funds believed to be held abroad.

He has warned that those who fail to comply are at risk of prosecution.

Mr Mnangagwa, who promised to crackdown on corruption after being sworn into office last year, said he had

been left with no choice but to release the 1,800 names, which include manufacturers, miners, small businesses, state-owned entities and even churches.

The list of names is divided into three separate groups: export earnings which were kept offshore, companies which owe money for imports which never arrived and people and businesses which have allegedly put funds into foreign banks “under spurious circumstances”.

Mining companies dominate the top the first: African Associated Mines, Marange Resources, Canadile Miners, Mbada Diamonds and Jinan Mining are alleged to collectively owe more than $150m to the Zimbabwean government.

will extend his political dominance of Russia by six years to 2024. That will make him the longest-serving ruler since Soviet dictator Josef Stalin and has raised Western fears of spiralling confrontation.

But Putin, 65, used a Kremlin meeting with the candidates he soundly defeated in Sunday’s election to signal his desire to focus on domestic, not international, matters, and to try to raise

living standards by investing more in education, infrastructure and health while reducing defence spending.

“Nobody plans to accelerate an arms race,” said Putin.

“We will do everything to resolve all the differences with our partners using political and diplomatic channels.”

His comments, which are likely to be heard with some scepticism in the West following years of confrontation,

mark a change in tone after a bellicose election campaign during which Putin unveiled new nuclear weapons he said could strike almost any point in the world.

Russia is currently at odds with the West over Syria and Ukraine; allegations of cyber attacks and meddling in foreign elections; and the poisoning in Britain of a former Russian spy and his daughter. As a result, relations with the West have

hit a post-Cold-War low.

With nearly 100 percent of the votes counted, the Central Election Commission (CEC), announced that Putin, who has run Russia as president or prime minister since 1999, had won 76.69 percent of the vote.

With more than 56 million votes, it was Putin’s biggest ever win and the largest by any post-Soviet Russian leader.

The UK and EU Agree Terms for Brexit Transition Period The UK and EU have agreed on a “large part” of the agreement that will lead to the “orderly withdrawal” of the UK, BBC reported.

Brexit negotiators Michel Barnier and David Davis said the deal on what the UK calls the implementation period was a “decisive step”.

But issues still to be resolved include the Northern Ireland border.

The transitional period is set to last from 29 March, 2019 to December 2020, and is intended to smooth the path to a future permanent

relationship.

Mr Barnier said there was also an agreement on the rights of 4.5m EU citizens in the UK and the 1.2m UK citizens in the EU after Brexit, including giving EU citizens arriving in the UK during the transition the same rights and guarantees as those who arrive before Brexit.

The proposed deal will include an emergency “backstop” option to avoid a hard border that could see Northern Ireland effectively staying in parts of the single market and

the customs union, if no other deal can be agreed.

This “backstop” option has been ruled out by Theresa May and any deal creating a difference between Northern Ireland and the rest of the UK is opposed by her DUP allies.

Mr Davis said it remained the UK’s intention to achieve a partnership that was so close it did not need specific measure for Northern Ireland.

Simon Coveney, the Republic of Ireland’s deputy prime minister, tweeted: Good meeting with @

MichelBarnier again this morning - #Brexit negotiations are moving forward - progress on Irish issues remains a key priority for both negotiating teams and solidarity with our EU partners remains strong.

The UK will also be able to negotiate and sign trade deals during the transition period.

Both the UK and the EU hope the terms of an agreement on the transitional period can be signed off by Mrs May’s fellow leaders at the EU summit this week.

TUESDAY, MARCH 20, 2018˾ T H I S D AY

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NEWSXTRA

Forget 2019 Re-election Bid, PDP, APP Tell APC, Buhari Onyebuchi Ezigbo ËØÎ Senator Iroegbu ÓØ ÌßÔË The Peoples Democratic Party (PDP) and a new political party, Action Peoples Party (APP), yesterday advised President Muhammadu Buhari and the All Progressives Congress (APC) to perish any thought of staying in power beyond May 29, 2019.

PDP alleged that the APC and presidency are desperately resorting to use of fifth columnists in a bid to destabilise its ranks having realised that Nigerians have rejected them.

The party in a statement issued by its National Publicity Secretary, Kola Ologbondiyan,

said the president already knows he has failed, adding that such accounts for why he is no longer confident whenever it comes to issues of 2019 general election.

The party said President Buhari’s media adviser, Femi Adesina, only confirmed the obvious when he announced the apprehensions being entertained by the president over the 2019 race, adding that he, (President Buhari) must have appropriately assessed and rated his administration as a failure.

It said the president need not bother about opponents if he had done well in office, warning the APC and the presidency to end their current attempts to

Air Force Trainer Aircraft Crashes in Kaduna No casualty recorded John Shiklam ÓØ ËÎßØË A trainer aircraft of the Nigerian Air Force (NAF) yesterday crashed in Kaduna.

The incident occurred at Kauran Dawa village in Lere Local Government Area of Kaduna State.

No casualty was recorded in the incident as the pilot who was said to have force landed the plane, came out unhurt.

The authorities of the NAF confirmed the incident in a statement yesterday by the Director of Public Relations and Information, Air Vice Marshal Olatokunbo Adesanya.

Adesanya said the Diamond 40 Trainer Aircraft force landed while on a solo mission as part of the flying training at the 401 Flying Training School in Kaduna.

The statement reads: Nigerian Air Force (NAF)

student pilot has force landed a Diamond 40 Trainer Aircraft on the outskirts of Kaduna while on a solo mission, as part of flying training at the 401 Flying Training School, Kaduna.

“The incident, which took place March 19, 2018, was as a result of an airborne emergency that could not enable the pilot fly the aircraft back to the base.

“He therefore force landed the aircraft but with minimal damage to it.

“However, the student pilot, who was the only one on board, suffered minor injuries and is already receiving treatment at the 461 Nigerian Air Force Hospital, Kaduna.

The Chief of the Air Staff, Air Marshal Sadique Abubakar, has immediately directed the constitution of a board of inquiry to determine the exact cause of the incident while efforts are ongoing to recover the aircraft.”

use paid fifth columnists in their failed bid to cause disharmony within the repositioned and rebranded PDP. “It is instructive to note that the presidency’s comment is coming after the intimidating PDP mega rally in Dutse, Jigawa State, which sent a clear signal to President Buhari and the APC. “If President Buhari had done well in office; if his government had not wrecked our economy; if his government had not damaged our national unity, resulting in the daily bloodletting in our country; if his administration had not betrayed the people and failed in delivering even the littlest of his campaign promises, President Buhari would not be afraid of any opponent ahead of elections as stated by his media aide.

“From Adesina’s comment, it is clear that the president is fully aware that he has become grossly unpopular and cannot command any electoral value.

Both the president and his party must therefore instruct themselves appropriately and completely bury the thought of staying in office beyond May 2019.

“We therefore advice the presidency and the APC to jettison any plot to force its way using intimidation, coercion and manipulations as such would be firmly resisted by Nigerians.

“In the same vein, we charge the APC and the president to note that its resort to sponsoring fifth columnists on smear campaigns against our repositioned and reinvigorated party has become of no effect as our members and supporters in all the states and the six geo-political zones across the nation are now, more than ever before, firmly united under the new leadership of the party to vanquish the APC in the 2019 general elections.

“Finally, the re-positioned PDP re-assures Nigerians of a level playing ground and open political space in all processes leading to the selection of candidates at all levels to ensure that the nation gets the leadership it desires and ultimately return to the path of national unity and prosperity.”

On its part, the APP advised President Buhari to jettison his constitutional right of running for presidency in 2019.

The party warned that should the president fail to salvage the last honour Nigerians have for him by honourably declining to contest in 2019, he would be humiliated at the polls.

Rather, he was asked to support the emergence of a new generation of young leader.

The National Chairman of the party, Ikenga Imo Ugochinyere, sounded the note of warning at the public presentation of the APP, its two-point agenda and 12 pillars at the International Conference Centre, Abuja.

Castigating Buhari and the APC-led government for grave violations of the constitution, human rights and the rule of law, he warned the president that “but where you decide against the wishes of the Nigerian people and put yourself forward, you stand the electoral risk of being humiliated at the polls and any attempt by your party to manipulate the electoral process and foist yourself on Nigerians in 2019 shall be resisted within the ambits of the law.”

Relying out some of the

many offences of the president, he said: “You came to power on a very popular mandate.

Religious, ethnic and all other sentiments were set aside, hopes were very high.

Nigerians were ready to be led by their own president and they placed all their support at your disposal. But three years down the line, you have squandered all the goodwill.

“You selected people who most of them are seen and known to be incompetent.

No President in Nigeria had ever selected such a team. Your incompetence is no longer in doubt, you have failed Nigeria.

You have divided us across our faith lines, you collapsed our economy, youth unemployment is at record high, and nepotism is now the order of the day”.

The party said the president has performed abysmally on the tripod of the APC campaign promises of security, corruption and economy stressing that the president and his party have exhibited a total lack of capacity and knowledge to protect the lives of Nigerians in basically every state of the federation.

Kano Assembly Takes Cue from Kwara, to Amend ENLIGHTENMENT ON ROAD SECTOR Corps Marshal, Federal Road Safety Corps, Dr. Boboye Oyeyemi; Representative of the President and Secretary to the Government Ex-governors’ Pension Law L-R: of the Federation, Mr. Boss Mustapha; Minister of Power, Works and Housing, Mr. Babatunde Fashola (SAN); Minister of Labour and Following the precedent set by the Kwara State Government, the Kano State House of Assembly yesterday commenced the process of amending the state law that provides pensions and gratuities for former governors and deputy governors of the state.

The decision to commence the amendment of the law followed a motion of urgent public importance raised before the legislature by a member, Alhaji Labaran Madari (APC), representing Warawa Constituency.

According to Madari, the amendment of the law is to reduce unnecessary spending of public funds through payments to former governors and deputy governors who are also holding political offices after their tenures.

Madari, according to the News Agency of Nigeria (NAN), said the decision to review the existing law was to suspend such payments, pending when the person would no longer

hold any other political office.

The member also said any deputy governor who later become governor due to any reason, his pension as former deputy would also be stopped.

He said the decision was necessary due to economic issues caused by the over dependence on crude oil by past administrations.

“As representatives of the people, it is our responsibility to find ways to reduce the burden on government so as to enable it execute projects that are of benefits to the general public,” the legislator said.

The assembly members at a plenary presided by the Speaker, Alhaji Abdullahi Ata, suggested the creation of an ad-hoc committee to handle the issue.

The assembly set up an ad-hoc committee under the leadership of the House Majority Whip, Alhaji Kabiru Hassan-Dashi, and was given two weeks to submit its report.

Employment, Dr. Chris Ngige, at the one-day public enlightenment on developments in the road sector organised by the Ministry of Power, Works and Housing in Abuja....yesterday

Five Feared Killed as C’River, Ebonyi Communities Clash Bassey Inyang ÓØ ËÖËÌËÜ At least five persons have been feared killed following renewed violent hostilities between Idia and Okpetumor communities in Ebonyi State, and Ofonekom, Ogamana, Idoru Ofonmana and Igitum in Obubra Local Government Area of Cross River State.

Information has it that the conflict is as a result of decades of struggling over land ownership by the affected communities.

Feelers obtained yesterday from sources in Obubra, about 250 kilometres from Calabar, and the University of Calabar Teaching Hospital, the clashes which started last Thursday, and intensified up until Sunday night, have resulted in the death of at least five persons from

the Cross River communities.

Aside from the dead, information has it that many houses were either burnt or destroyed while hundreds of people have been rendered homeless, with many of the victims now squatting as refugees in nearby communities.

A text message from one of the sources in Obubra read as follows: “The people of Idia and Okpetumor both in Ebonyi State have mobilised fully armed men with automatic weapons the instructions to kill anybody on sight, destroy property as they ambush the affected Obubra communities. Already about five people have been killed while scores have been rushed to Calabar.

“The armed men as I write this text are on a mission of destroying and capturing the

entire community and they have been able to cause havoc in four Obubra villages; Ofonekom, Ogamana, Idoru Ofonmana, Igitum and were gradually advancing towards Ogurude.”

It was gathered that the affected communities have been deserted, while the entire Obubra urban, which is some kilometres from the scene of clashes has been thrown into disarray following the outbreak of hostilities.

At the University of Calabar Teaching Hospital where some of the victims of the clashes with severe injuries were rushed to, some of them were seen with life-threatening wounds.

Reacting to the incident, the state Police Public Relations Officer, Irene Ugbo confirmed that there were clashes between the boundary communities in

both states.

However, she did not state the number of people killed so far.

“Our major concern is to ensure that relative peace returns to the affected area there.

I can only tell you what has happened in our jurisdiction, which is Obubra, although we also expect our counterpart in Ebonyi to do the same in a bid to salvage the situation.

“It is true that some people have died, but I cannot give you the actual number of casualties because it’s a war situation, and you know that casualties will be on both sides. But, what we are concerned with, is to quell to situation we have at hand in Obubra. But truly some people have died but I don’t have the figure for now. But I will update you as soon as possible,” the police spokesperson said.

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TUESDAY, MARCH 20, 2018˾ T H I S D AY

NEWSXTRA

Two Arrested Suspected Criminals Name Melaye as Their Alleged Sponsor Kogi govt trying to frame me, says senator Yekini Jimoh ÓØ ÙÕÙÔË The Kogi State Police Command yesterday paraded two suspected notorious political thugs allegedly working for the lawmaker representing the Kogi West senatorial district, Senator Dino Melaye with two AK 47 and five pump action rifles.

The two suspects paraded at the state police headquarters by the Force Public Relations Officer Mr. Jimoh Moshood, in Lokoja are Kabiru Saidu

(aka Osama) and Nuhu Salisu (aka small).

According to him, they were arrested after a gun battle with the police team which lasted for several hours on January 19, 2018.

Moshood told journalists that the two suspects, upon interrogation, confessed that they were working as a political thug for Senator Melaye.

The police spokesman said: “The gang leader, Kabiru Saidu, was introduced to Melaye, and they met at airport road in Abuja inside Melaye’s

car in December 2017.

“The suspects further confessed that the senator told him that they should start working for him as his political thugs and they should recruit and train other thugs to work for him in preparation towards 2019 general election; challenge his political opponents and disorganise Kogi State.”

Moshood alleged that the suspects confessed to the police that Melaye handed over a bag containing one AK 47 rifle, two pump action guns and the sum of N430,000 to share with his boy.

He further stated that consequent upon the indictment and criminal confession of the principal suspect, Saidu, the police wrote to the Senate requesting Melaye to report to the Kogi State police command to answer questions to criminal offences levelled against him to enable the police carry out a discreet investigation into the confession of the principal

suspect but the lawmaker refused to honour the police invitation.

The police also said a case of criminal conspiracy and unlawful possession of prohibited firearms has been filed against the two suspects at the Federal High Court in Lokoja, including Melaye.

Weapons recovered from the two suspects include two AK 47, five pump action guns and charms.

Meanwhile, Senator Melaye in his reaction to the allegations said it was a frame up and an orchestrated attempt by the state government to discredit him. The senator said he had never seen the suspects in his life and did not have anything to do with them.

He said the move was an attempt by the Kogi State Government to shut him up and prevent him from speaking the truth about governance in the state.

The senator added that he contested and won election for the House of

Representatives and Senate without working with political thugs, saying the plan had been exposed about six weeks ago.

According to the outspoken lawmaker, “This is an attempt to shut me up and stop me from speaking the truth, but they have failed; it is an orchestrated lie by the state governor and the police. It has been tweeted about six weeks ago that they wanted to set me up because I got an intelligence report from the state Government House when they met to set me up.

“You can see the conflicting statements by the criminals. I heard that one said I gave two AK47 and pump action, while the other said I gave them only one rifle and that I also gave them N430,000 to train militia, and that I met them at airport road in December 2017 but they didn’t give a date and time.

“I don’t know anybody, and I have not involved

myself with any thugs since I became member of House of Representatives and a senator. If this is an attempt to shut me up, they have failed.

“The gang up is to shut me up and kill me. But though I walk through the shadows of death I fear no evil.

“I will continue to speak the truth. I was a member of the House of Representatives and now a senator without arms. Why now? I’m not perturbed at all.

Melaye added: “I am only disturbed that under Buhari administration all these can happen. I’m afraid this have the potency to derail our democracy.

“I’m not afraid to die for speaking for the poor and oppressed people of Kogi State and Nigeria. They are not even smart because this is laughable.

“They couldn’t even mention the date and time in December in their concorted lies. The two hired criminals also contradicted themselves,” he maintained.

TUESDAY, MARCH 20, 2018˾ T H I S D AY

45

NEWSXTRA

Uncertainty over Electricity Output as NGC Threatens to Cut Gas Supply to Gencos We don’t need to meet at nights to ask for N1tn debt, operators reply Fashola Chineme Okafor ÓØ ÌßÔË Nationwide electricity supply may be threatened by recent disclosures that the Nigerian Gas Processing and Transportation Company Limited (NGPTC) which is a subsidiary of Nigerian National Petroleum Corporation (NNPC) has written to gas-based power generation companies (Gencos) in the country threatening to cut off gas supplies to them if they don’t make their contracts effective.

THISDAY gathered this from the umbrella body of the Gencos – Association of Power Generation Companies (APGC) yesterday in Abuja.

APGC explained that by that request, the NGPTC simply wants them to pay their monthly gas bills on time and further guarantee future supplies to them through Letters of Credit (LC).

APGC’s Executive Secretary,

Dr. Joy Ogaji, told THISDAY in a telephone interview that the letters were already on the tables of the Gencos.

Ogaji also debunked claims from the federal government that the Gencos might be playing politics with their recent lawsuit against it (government) or even making attempts to sabotage the country by shutting down their operations.

She stated that contrary to the government’s allegation that it had security reports that claimed they were meeting at nights to perfect plans to sabotage it, the Gencos do not need to convene night meetings to ask for monies owed them by the power market to be paid.

“I don’t know if you know that the NGPTC has sent letters to all the Gencos that use gas, threatening that if they don’t come and make their contracts effective, they will cut them off, and you understand the meaning of effectiveness of

contract.

“For us to make our contracts effective, NBET need to post us bank guarantees, and NBET says the Discos have not posted to them. So, where do they expect the Gencos to get the LCs and post to them,” Ogaji asked.

She explained that NGPTC’s demands for an effective contract was more than just meeting their monthly gas bills.

According to her, “At this stage, it is a conundrum. On the right hand side we are asking to be paid, and on the left, we have letters threatening us to make our contract effective.

“By making it effective, it means I will be paying promptly and putting a bank guarantee that any bill I don’t pay will be drawn down, and where do we get the money from when the

market is owing us heavily? If they shut us down, the country is down.”

When asked if the Gencos were actually meeting at nights to perfect plans to shut down their operations and plunge the country into darkness as claimed recently in Uyo, the capital of Akwa Ibom State, by the Minister of Power, Works and Housing, Mr. Babatunde Fashola, she said nothing of such happened.

“Night meeting? When is night? Because I leave my office by 7p.m, so when is night? But, none to the best of my knowledge, and as you know, the owners of the Gencos are very busy people who will not leave their sleeps and meet at nights, for what?

“There is no such nocturnal

meetings. Recall that this same nocturnal meeting was claimed when the CEO of Egbin late last year requested for payment.

Each time the Gencos request for payments, there will be claims that we are meeting at night,” she stated.

Ogaji further noted: “Do we need to meet at nights to state that we don’t have money to pay for gas, do we need to meet at night to tell the international community – because power is an international commodity and the government need to understand that?

“For the records, Gencos don’t need to meet at nights to be able to state the fact they are being owed over N1 trillion.

Gencos don’t need to meet at night to state the fact that the Centre Bank of Nigeria (CBN) is

currently telling the commercial banks to classify power sector loans and you know what it means when a loan is classified.

“These are some of the reasons why the Gencos which everybody thought were seemingly sleeping had woken up because all their sources of survival are shrinking. They were taking loans to buy gas to generate and put on the national grid, now those loans have been classified.

“The role of a Genco is to generate power, which is our business. If Gencos cannot generate today, it is not because we want to hold the country to ransom, or that we are politically motivated. We are not holding any nocturnal meetings and we don’t need to do that to tell the world about our challenges.”

Absence of Prosecution Witness Stalls Trial of Maryam Sanda, Three Others Alex Enumah ÓØ ÌßÔË The absence of a prosecution witness yesterday stalled the trial of Maryam Sanda and three others over their alleged complicity in the death of Bilyaminu, son of a former Peoples Democratic Party (PDP) Chairman, Mr. Haliru Bello.

Mariam, her mother, Maimuna Aliyu; brother, Aliyu Sanda, and housemaid Sadiya Aminu, are standing trial on alleged murder and conspiracy charges before Justice Yusuf Halilu of the Abuja High Court, Jabi.

Mariam was accused of carrying out the alleged murder of Bilyaminu, her late husband, on November 19, 2017.

At the resumed trial yesterday, prosecution counsel, Mr James Idachaba, told the court that the witness he intended to present could no longer be sighted in the court.

Consequently, the judge adjourned till April 19 and 20, for continuation of trial and to also enable the prosecution prepare more on its witnesses.

Earlier, Idachaba had told the court that the prosecution came to the court with two witnesses and that the whereabouts of the actual one he intended to start the trial with could no longer be ascertained as at the time he was called.

Idachaba urged the court to disregard and dismiss the application by the defence counsel, Mr Joseph Daudu (SAN), urging the court to dismiss the murder charge against the defendants.

He said: “We are in total opposition of the application to dismiss the charge against the defendants, we have filed a 22-paragraph affidavit, the

application by the defence counsel to dismiss the charge against the defendants should be dismantled.

“The submission that the charge against the defendants is incompetent is totally misconceived; the defence counsel had done so many things since the beginning of the case to displease that position of his prayer.

“Plea had already been taken, we urged the court to dismiss that relief and refuse the grant of the prayers,’’ Idachaba said.

He also told the court that the prosecution would tender every necessary document and materials that would aid the prosecution of the matter, adding that if the defence has a contrary material; it should also be tender before the court.

Defence counsel, Daudu, however, prayed the court to quash the charge against the defendant adding, that the prosecution did not follow the right process before filling the charge.

According to Daudu, the matter should have been transmitted to the Attorney General of the Federation (AGF) immediately the police finished their investigation.

He said the police do not have the power to prosecute such murder case and that the power was only vested with the AGF. The senior advocate disclosed that there is an application in reference to that, and urged the court to dismiss the entire charge against the defendants.

He cited sections 359(1)(2) and 376 of the Administration of Criminal Justice Act (ACJA) and urged the court to dismiss the charge against

FACILITY TOUR

R-L: Head of Legal Dept and Secretary to the Oil and Gas Free Zone Authority (OGFZA) Board, Abdulwasiu Sule; Member representing Brass Constituency 1, Bayelsa State House of Assembly, Israel Sonny-Goli; Chairman, OGFZA Board of Directors, Timipre Sylva; COO, OGFZA Investment Ltd, Mrs Cynthia Eguridu; Managing Director, OGFZA, Umana Okon Umana, during their tour of Brass Oil and Gas City in Bayelsa State....weekend

Buhari: Under Me, Funding for Capital Projects Increased to 30% FG approves new fines for overloaded trucks, abuse of federal highways Chineme Okafor ÓØ ÌßÔË President Muhammadu Buhari yesterday said his government had invested more money in upgrading Nigeria’s national infrastructure by raising funding from the national budget for capital projects from 15 to 30 per cent since he took office in 2015.

Speaking at an event to enlighten stakeholders in Nigeria’s road sector on government’s activities in the sector, Buhari, who was represented by the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, in Abuja, stated that his government was also committed to using fiscal stimulus to upgrade the country’s infrastructure.

His claims followed disclosure

from the Minister of Power, Works and Housing, Mr. Babatunde Fashola, at the meeting that a new regulation to guide the use of federal highways and prevent its abuse by heavy-duty vehicles has been approved by the Federal Executive Council (FEC) and would now apply on maximum allowable weights and axle load on the roads.

“It is on record that this administration has raised our annual budgetary commitments for capital projects from 15 per cent to a minimum of 30 per cent, and committed to a fiscal stimulus targeted at infrastructure,” Buhari said in his remarks.

He added: “The result is a revival of construction activities on highway nationwide. From 2015 to date, my administration

has constructed and rehabilitated several hundred kilometres of inter-state, federal roads and bridges to ease the movement of persons and goods.”

The president however called on road users in the country to embrace a new attitude to road use, adding that overload of vehicles contribute to fast wear and tear of the road networks.

“However, in order to take the full benefits of these projects when finally completed and get value for our investments, we must change our ways. As the head of this government, I have signed up to that change,” he stated.

According to him, tanker drivers and owners must commit to stop packing their trucks on highways. He said the highways are thoroughfare and should remain that way.

Buhari also noted that he has approved the commencement of the weights and axle load regulation to ensure that maximum axel loads allowed on the roads are adhered to.

In his remarks as well. The Minister of Power, Works and Housing, Babatunde Fashola, explained that the new regulation on weights and axle loads was in sync with a recent treaty on same which member countries of the Economic Communities of West African States (ECOWAS) signed and which Nigeria ratified.

A copy of an official gazette of the regulation which the ministry provided indicated that a minimum of N1 million and maximum of N10 million have been provided as fines for breach of the standards, in addition to other fines.

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Ëœ ÍşÍ¸Ëœ ͺ͸͚΀ Ëž T H I S D AY

TUESDAYSPORTS

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

Tickets for Poland, Nigeria Friendly Sold out Ekong, Aina, Ebuehi, Iwobi, Balogun, Idowu are the early birds in camp Duro Ikhazuagbe with agency report When Super Eagles turn out at the 42,000 capacity Stadium Wroclaw on Friday to engage Poland in their first tune-up match en-route the World Cup in Russia in less than three months from today, Gernot Rohr and his wards will meet more than they bargained for.

The Bialo-Czerwoni (White and Red), as the Polish senior football team is called, will take on the three-time African champions in front of a full house.

As at press time last night, only six Super Eagles have arrived the team’s camp in Wroclaw from their respective clubs in Europe.

The early birds include; Williams Troost Ekong, Ola Aina, Tyrone Ebuehi, Alex Iwobi, Leon Balogun and Brian Idowu.

Top Polish journalist, Piotr Kozminski, hinted SCORENigeria that all the available 42,000 tickets have been picked by Polish football fans who want to gauge their team against an African opposition.

 “The 42,000 tickets for this game have been sold out, the company responsible for this has announced,� Kozminski revealed yesterday.

He hinted that expectations were high in the country for the Bialo-Czerwoni to do well in Russia this coming summer.

The clash against Nigeria is to give them an idea of what to expect when they take on robust-playing Senegal in their opening game of Group H. “There is high expectation around the team leading to the World Cup in Russia and it will be a major disappointment if they do not go past a first round group that also has Colombia, Senegal and Japan. “The Polish FA boss, Zbigniew Boniek, a famous player in his playing days, said he expects Poland not to lose their opening game against Senegal and for Colombia and Poland go through,� stressed the top Polish sports journalist And four days later, they will take on another World Cup qualifier South Korea so as to

LAGOS SQUASH CLASSICS

Nigerian Players Bank on Home Support to Win America-based Babatunde Ajagbe believes home support would surely inspire Nigerian players to victory at the 2018 Lagos International Squash Classics.

Ajagbe, a former champion of the tournament is not ruling out the home players claiming the title this year. “I believe Nigerian players can claim the title this year because we are all doing fine and everybody is looking forward to the tournament. This is our home and I am sure the support from the Nigerian fans will be helpful to all the home players in the competition. There is no doubt that Egyptians are very good but home advantage will come in handy for Nigerian players,� Ajagbe said.

As the only Nigerian starting his campaign in the Main Draw of the men’s event, Ajagbe is

optimistic that more Nigerians will play their way into the main draw (round of 16). “I am sure more players will come through to the Main Draw and for me I am aiming at the title again. I just took part in the Bermuda Open where I made it from the qualifying round to the last 16 where I was defeated

by Bermuda’s Micah Franklin.

I hope that competing in this kind of tournament has prepared me for the Lagos Classics. I am hopeful that I can win it this year and I hope the home support will be there for us,� he said.

Ajagbe however, dismissed the Egyptians as threat, saying, “I don’t think we will give the Egyptians the chance to again dominate us at home and I personally believe they are no threat to my dream of claiming the title this year.

prepare for their group game against Japan.

Interestingly, while there is frenzy in Wroclaw over the clash, Nigerian midfielder, Ogenyi Onazi who is expected to arrive Eagles’ Radisson Blu Hotel camp today, insisted that there was nothing friendly about the match. “Yes it’s a friendly match, but we don’t see it as friendly, every game is important for us as we start our World Cup build-up,�

Onazi observed yesterday.

The Trabzonspor of Turkey midfielder who scored a spectacular goal on Sunday for his club in the 4–1 win over Yeni Malatyaspor, is to have a delayed transit in Germany before connecting straight to the Polish city for the Friday night friendly.  “I will arrive on Tuesday because I have a very long transit from Frankfurt to Poland,� concludes the Jos-born Onazi.

Four days after the game in Wroclaw, Eagles are to take on Serbia in another friendly against Russia 2018-bound team at The Hive in London (home ground of Barnet FC and London Bees).

Ogenyi Onazi‌ expected in Eagles’ camp in Wroclaw today

Russia 2018 is My Last Chance to Win World Cup, Says Messi Argentina Star, Lionel Messi, is aware time is fast running out on his international career and the 2018 FIFA World Cup in Russia may be his last chance to win a senior international title.

In an incredible career in which he’s won virtually every title including five Ballon d’Or gongs, a senior title with the Albiceleste is the only chink in his shining armour.

Argentina has been three-time

Copa America runners-up and also lost the 2014 World Cup final in Brazil in Messi’s 12 years with the senior team.

The 30-year-old is now desperate to go one better in Russia, with his team having been beaten by Germany in extra time in Rio de Janeiro four years ago. “We feel that, if we won’t win the World Cup in Russia, the only way will be to give up the

national team,� Messi told La Cornisa on Sunday. “I dream of winning the trophy in Russia. My wish is to live something similar to Brazil 2014. “You can do everything OK and fail, like Argentina in Brazil.�

Argentina is considered favourites in a World Cup preliminary group which has Iceland, Croatia and Nigeria in Group D.

Meanwhile, Argentina striker, Gonzalo Higuain, reckons the upcoming international friendlies against Spain and Italy will reveal La Albiceleste’s true potentials ahead of the World Cup which kicks off in Russia in June.

Argentina , two-time world champions, will face the Azzurri of Italy at the Etihad Stadium in England on March 23rd before battling Spain four days later at the Wanda Metropolitan in Spain.

NPFL‌ NPFL‌ NPFL‌

Akwa Utd Woos Fans with Dana Air Return Tickets

Dana Air has announced that lovers of the Nigerian Professional Football League (NPFL) teams will stand a chance of winning return air tickets at the rescheduled first leg encounter between Akwa United and Heartland FC on March 21 in Uyo, Akwa Ibom State. According to Dana Air’s Media and Communications Manager, Kingsley Ezenwa, the initiative is to encourage more people to follow the Nigerian league teams

and also encourage them to visit the venues of these matches to cheer the teams to victory.  “We are trying to encourage more people to follow our Nigerian teams, players, and also visit the venue of these matches to cheer their teams to victory.

So we shall be giving out return tickets to lucky football fans and spectators at the Godswill Akpabio International Stadium in Uyo and during the return leg in Owerri.’’ He said gate receipt is one

of the ways teams in the EPL achieve self-sustainability, because the teams use the proceeds plus sponsorship to create a conducive environment for the fans to come watch, promote their activities and most of all, maintain their facilities. “So we should support the teams by way of going to watch these matches and waving their banners,� the airline’s spokesman observed.

Speaking further, Kingsley said, “we are also going to

be promoting the match on all our social media platforms and fans can also win tickets and loads of other prizes when they participate in the predict and win competition. “This is one of the many initiatives and incentives that will come as a result of our commitment to developing the Nigerian football league and our sponsorship of these two Nigerian professional league sides,’’ Kingsley observed further.Â

‘Next Generation’Tennis Masters to Debut April 24 in Lagos

FOR THE LOVE OF WOMEN’S FOOTBALL‌

Chairman, Lagos State Internal Revenue Services (LIRS), Hamzat Ayodele Subair (right) receiving a special recognition award from Chairperson of the Nigerian Women Football League, Aisha Falode, shortly after the NWFL Champions Shield co-sponsored by the LIRS‌ recently

A junior tennis masters targeted at the next generation of players to take over from the likes of Mumuni Babalola and Clifford Enosorogbe who are dominating tennis at the senior level, will debut Tuesday, April 24 at the National Stadium Tennis Centre, Lagos.

The tournament which is being bankrolled by Zenith Bank under the auspices of the International Tennis Academy will feature the best eight boys and girls in the 18s category.

The Next Generation Masters, according to the organisers, is designed to identify the best players who are transiting from the juniors to seniors and challenge them to upstage the seniors. It will

also help to prepare them for the senior tournaments like the CBN Senior Championship and NCC Tennis League which are expected to start in the second quarter of the year. “The Masters has been specifically scheduled for the week of April 24 to April 28 to have it serve as a tune-up for the CBN Senior Championships which comes up second week of May,�

Director of the International Tennis Academy, Godwin Kienka, explained yesterday.

The boys invited for the Next Generation Masters are: Godgift Timibra, Michael Osewa, Stephen Augustine, Christopher Itodo, Tochukwu Ezeh, Abayomi

Philip, Emmanuel Jebutu and Michael Ayoola. Two players - Michael Abamu and David Dawariye - will attend as alternates.

The girls’ event will feature Toyin Asogba, Oyin Quadri, Fortune Aniso, Omolade Aderemi, Omolayo Bamidele, Favour Moses, Mariam Alli- Balogun and Rebecca Ekpeyong. Timipre Maxwell and Oiza Yakubu will also attend as alternates.

Junior tennis in Nigeria is developing very rapidly and showing tremendous prospects. Nigeria presently dominates the West African region and is pulling her weight on the continent and beyond.

Three junior players Marylove Edwards, Angel Mcleod and Chris Bulus left for the USA this year to study and pursue tennis careers. Edwards, the 14 and under champion before she left, got to the finals of the CBN Senior Championships last year and is now at the famous Nick Bollettieri Tennis Academy in Florida.

The Managing Director & CEO of Zenith Bank, Peter Amangbo, said the bank has been following the progress of junior tennis players in Nigeria and hopes that the Junior Masters will fast track the process of producing world-class players in the nearest future.�

T H I S D AY ˾ TUESDAY MARCH 20, 2018

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Tuesday March 20, 2018

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Price: N250

MISSILE Kukah to Northern Elites

“It is sad that the Northern Muslim elite has used religion to hold onto power to the detriment of even their own people and the larger society.� – Bishop of the Catholic Diocese of Sokoto, Mathew Kukah blaming.

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TUESDAY WITH REUBENABATI abati1990@gmail.com

Soyinka and Nigeria’s Dinner with the Devil

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rofessor Wole Soyinka was keynote speaker at the maiden annual lecture of the Ripples Centre for Data and Investigative Journalism held in Lagos on March 15. Topic: “Rebuilding Trust in a Divided Nigeria: Can Nigeria be fixed?�

The Nobel Laureate did not disappoint. His presentation titled “From Miyetti to Haiti: Notes from a Solidarity Visit� took us on a journey to Haiti, Trinidad and Tobago, the United States, Nigeria also, and other parts of the world, including the past and the present, raising questions along the line about the humanity of the average Nigerian – the leaders, the followers - his or her humanity or non-humanity, the possession of a sense of dignity, shame, decency, memory, common sense, or lack of it, in comparison with conditions elsewhere.

Whereas other countries, classified along with Nigeria by Donald Trump, the loud-mouthed, twitter-obsessed American President as “shithole countries� and who may well fall under the same category with us as developing countries, may claim the right to feel insulted, Professor Soyinka asked his audience whether with the established mentality of enslavement, patterns of alienation between power and society, the distorted relationships within our communities, the failure of governance and the gross idiocy/ shamelessness of the political elite and the moral turpitude of the Nigerian, whether indeed the Nigerian has earned the right to feel insulted or not to be insulted.

Can any Nigerian really rise to full height and ask Trump to shut the hell up, coming from a country as we do, where the leaders would rather be elsewhere when the people suffer: “I am not even obliged to be here�, they would rather say.

Ours is a country where in a conflict between murderous Fulani herdsmen and defenceless farmers, the government’s response is to take sides with the aggressor, rather than check impunity and ensure that justice is done. The Miyetti Allah Kautal Hore, the umbrella organization for Fulani cattle rearers actually, publicly admitted the title Fulani herdsmen, and so there is no point quibbling over that label, publicly stated as the right tag of identification by its very owners. Human lives invariably mean nothing to Nigerians. Our sensibilities have been inured by too much familiarity with tragedy.

Can Nigerians claim the right not to be insulted living as they do in a country where mass murder in fact, no longer means anything to political leaders- right after the slaughter of hundreds of persons or the abduction of young school girls, the leaders would rather troop to a wedding party.

And when the main man manages to visit later, he gets a red carpet reception, and talks about sympathy. “Who needs sympathy?�, Soyinka asked. “What we are talking about is justice, evenhandedness, fairness�, the Nobel Laureate declared. These are obviously strange words to the constituted authorities of Nigeria. After all, one Minister had the audacity to declare that whoever has been killed by Fulani herdsmen has himself or herself to blame, for planting a farm or a house or even daring to stand, wait or engage in anything at all, including the intake of oxygen, along the cattle route that Fulani ancestors had carved out of Nigeria. Soyinka wondered what such a cruel person is still doing in the corridors of power.

But of course, to further strengthen the climate of fear in the land, any form of opposition or criticism has been branded “hate speech�. There is even a Bill to this effect in contemplation before the National Assembly. The prescribed punishment is “death by hanging� – this at a

Soyinka time when the rest of the world is trying to move away from the death penalty. The Bill may never become law but it is a whip to be held above the head of the populace, to enslave, intimidate and frighten the people. And so on and so on, Soyinka delivered one blow after another, painting at the same time, pictures, with anecdotes, humour, and references to particular personalities in Nigerian history, notably his life-long sparring partner, President Olusegun Obasanjo whom he once confronted over his famous “I am not obliged to be here� remark only to be told: “Kampala ti e niyen.� Soyinka had warned at the beginning of his presentation that the moment for introspection and frankness had come and he wanted the audience to “look in the mirror�. He practically held up that mirror; what the audience saw or remembered about their country was ugly and disconcerting.

Professor Soyinka soon took his leave. I joined the Director of the Centre to see off our esteemed guest. As he stepped out of the venue, he was surrounded by a group of reporters and admirers who wanted selfies. One of them asked him to provide a quick summary of his keynote address.

I thought that was an odd question. Was the reporter not at the event upstairs, did he not just exit the hall with us? One lady pulled at the Nobel Laureate’s shirt, determined to gain his attention. “Yes, Prof. you have described everything happening in the country but what is the way forward?� “Way forward?�, Soyinka asked “Yes. Way forward? What is your solution?�, she persisted “Way forward�, the Nobel Laureate repeated as if he wasn’t too sure. Then he answered: “Way forward? Just keep walking, you’ll find the way.�

I was pleased with that sarcastic response. It was obvious the reporter did not understand the presentation. Or may be she was fishing for a headline, or a tailor-made sound-bite. This is also a national predilection. Nigerians are very good at over-simplifying everything. They like slogans, sound-bites, the same way they crave short-cuts even in matters that require the minimal use of the brain. Reporters these days are in a class of their own. When they invite you for an interview, don’t be surprised if they ask you for example: “Can we meet you?� How? If you didn’t know who I am, why invite me for an interview?

The debate that followed at the event was

of a different tenor, drawing heavily on the energy and excitement Professor Soyinka had infused the audience with. A panel of three led the discussions. Dr. Abiola Akiyode-Afolabi reviewed the crisis of governance in Nigeria and spoke about national unity and the urgent need for restructuring. Professor Pat Utomi, represented

by Mr. Rasheed Adegbenro spoke about values in leadership, and offered a five-point plan including civic engagement, value re-orientation, civic participation, education, and a more positive role to be played by the Nigerian media. Mr. Peter Obi, former Governor of Anambra state focused on the failure of governance as the cumulative effect of years of neglect and omissions, the greed and indiscipline of the political elite and the bad politics Nigerians play, relying largely on his own experience as Governor.

Professor Soyinka had spoken for less than one hour, but the discussions went on for about three hours. Everyone had something to say. The event had mostly young people in attendance.

As Nigeria enters yet another election season, most young Nigerians –many of whom have just attained the age of franchise since the last election, and frustrated by the travails of their country insist that they are determined to fix Nigeria.

It is not for nothing that more than 25 young Nigerians within the age bracket 35 -45, even when the age of qualification for the Nigerian Presidency is 40 want to be President in 2019.

They include the publisher of Sahara Reporters, Omoyele Sowore, motivational speaker Fela Durotoye Adamu Garba, Ahmed Buhari, and so many others. The urgency of this task was obvious in the tone of the discussions. When Peter Obi urged that Nigerians should simply “take back their country�, more so as the line between governance and comedy had become blurred, and that it is not really a matter of age, but capacity, because many young people are in government already and have been part of the rot since the First Republic, the audience was ecstatic.

It was time to close the programme with Peter Obi responding to the last set of questions. But one young man wouldn’t have that. He suddenly jumped atop his seat, and raised his hand, towering above everyone and screaming that he must have a say or the programme would not end. Earlier, there had been actual struggle for the microphone, but this particular young man insisted he had found the solution to all of Nigeria’s problems. We had to allow him provide his earth-shaking, cure-all, solution. He ended up merely repeating what had already been said.

But can we really fix Nigeria? The consensus was that this is indeed possible. How? Look in the mirror and reflect. Education. Value reorientation.

Leadership recruitment. Restructuring. Civic engagement. Media activism. Take back our country! What of the people factor? Are we going to import a new set of Nigerians and value system after restructuring? Professor Soyinka had prefaced his keynote address with the presentation- what he called the informal launch- of his latest book titled “The Road Map of a Nation: A Narrative of the First African Road Safety Corps (Ibadan: Bookcraft, 2018, 203 pp).�

Like a teacher recommending further reading for his students, he had asked us to read the book, copies of which were on display at the venue. Being an obedient student, I complied. The preface to the book: “Table Manners for Dining with the Devil� is an excerpt from Soyinka’s You Must Set Forth At Dawn, there is an appendix titled “The Pyrates� - a commentary on the

confraternity which Soyinka founded in 1953, but essentially the book tells the story of Nigeria’s Federal Road Safety Corps (FRSC), how it began, the challenges faced by the founder and his team of volunteers, the attempt by many forces including internal saboteurs, homicidal figures masquerading as drivers, suicidal passengers, koboko and sword-wielding soldiers, military leaders, Nigerian big men and corrupt elements who tried everything possible to frustrate the vision of the Road Safety Corps, from Oyo state to the national stage. This is a book to be read by all officers of the FRSC and the general reader as well. The FRSC is part of Soyinka’s legacy to Nigeria, his own way of giving back, and here he documents that legacy, and the pains of bringing it to fruition.

There are echoes in this narrative, of previous writings: The Road, From Zia with Love, A Play of Giants, Opera Wonyosi, and the recent A Personal Odyssey in The Republic of Liars (2005), making the book much more than a narrative on the FRSC but a further interrogation of the environment called Nigeria and particularly of the Nigerian character. Is there something that can be called a Nigerian character? The setting for this interrogation is the road: the same road that lies famished, claiming lives due to reckless driving, robbing people of their lives prematurely, turning teachers at the time Soyinka was teaching at the then University of Ife, into perpetual mourners and the entire community an arena for endless mourning and condolences. In the mid-70s, Soyinka had drawn up a blueprint for a Road Safety intervention, a volunteer, self-policing initiative which stepped in, to fill the vacuum created by a military and a police force that didn’t care about death on the roads or the odoriferous pile of cadavers that littered them.

But here is where the character issue begins: trying to make any difference in Nigeria is like having a dinner with the devil and to make any difference at all would require special table manners. The Nigerian environment is a sorry theatre of struggle and violence – physical, social and psychological between the forces of good and evil. Governments, the military, the police, and similar institutions, designed for public good have over the years signed up in the corner of the devil, with the oil boom and petro-dollar imposing a level of greed that makes a grab, steal and destroy mentality the new morality. The people themselves, glad to have access to part of the oil largesse simply assume government would take care of morality.

The road map of Nigeria covered in this book is about the failure of government, institutions and even more so of individuals. A Third Force seeking to make a difference, starting with the roads, soon found itself attacked by the same persons whose lives it sought to save. Wole Soyinka tells the story in a way only he can.

His table manner is to deal with the Nigerian pathology by preaching about it, teaching about it, offering advice, intervening where necessary and withdrawing when necessary, guided in all cases by the public good. He sees nothing wrong in direct intervention and in wielding the cudgel to crack the heads of agents of impunity no matter how highly placed.

This dinner with the devil in Nigeria is now in a worse shape: no longer a regular dinner, but a banquet! The forces of evil have seized the nation’s throat. But Soyinka can draw consolation from this: there are still a few good men in our community who are prepared to stand up to evil, even if their table manners may be notably different.

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