Market Analysts Push for SEC’s Independence as Regulator Oando says shareholders excited suspension on shares has been lifted Goddy Egene Following the latest change in leadership at the Securities and Exchange Commission (SEC), market analysts have pushed for the independence of the commission, with some cautioning that the continuing
changes may dampen investors’ confidence in the nation’s capital market. Their note of caution came a few days after Minister of Finance Kemi Adeosun
removed the acting director general of the capital market regulator, Dr. Abdul Zubair and replaced him with Mary Uduk. The minister also appointed three acting
commissioners for the commission. Zubair’s ouster followed the suspension five months ago of the substantive head of SEC Mr. Mounir Gwarzo
whose fate continues to hang in the balance despite the recommendation for his outright dismissal by an investigative panel set up by the minister to probe him.
Troops Mobilised as Police, Shiites Clash in Abuja... Page 44
Gwarzo was investigated for allegedly awarding contracts linked to him and his wife and for paying himself a severance package of N104 million. The changes, which market operators, observed was the Continued on page 9
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How Jonathan Conceded 2015 Election, Book by Okonjo-Iweala Reveals. … Page 9
Buhari: I’m More Concerned About Security, the Economy Than 2019 Polls Omololu Ogunmade in London President Muhammadu Buhari yesterday told British Prime Minister Theresa May at her No. 10 Downing Street office in London that he was more worried about the state of Nigeria’s security and the economy than the 2019 election, which he declared last week that he intends to re-contest. The president, who made the remark while holding
bilateral talks with the prime minister, recalled that his administration was propelled by a three-point campaign agenda: security, anti-corruption fight and economic revival. According to him, as the 2019 elections draw near, politicians are pre-occupied with the forthcoming polls while he was more bothered by the state of the nation’s security and economy. Continued on page 6
US Military Worried over Rising Foreign Extremists’ Attacks in Nigeria, Other Countries Suspected herdsmen continue rampage, kill four policemen, others in Benue, Nasarawa Paul Obi in Abuja, George Okoh in Makurdi and Emmanuel Ukumba in Lafia Barely one week after President Muhammadu Buhari blamed the rise in attacks by suspected herdsmen on foreign militia once trained by Libya’s Muammar Gaddafi, the United States military yesterday expressed great concern over incessant attacks by foreign extremists in Nigeria and other West African countries.
Speaking at the African Land Forces Summit in Abuja, the Commanding General of the U.S. Army, Africa, Brig.-Gen. Eugene LeBoeuf said insecurity and terrorism in Nigeria and other West African nations have been fueled by the invasion of foreign extremists in the region. LeBoeuf’s remarks came just as gunmen, masquerading as herders of cattle continued Continued on page 6
President Muhammadu Buhari (right) with the British Prime Minister, Theresa May, when Buhari met with May to hold bilateral talks at No 10 Downing Street, London… yesterday
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PAGE SIX US MILITARY WORRIED OVER RISING FOREIGN EXTREMISTS’ ATTACKS IN NIGERIA, OTHER COUNTRIES their rampage in the Middle Belt, killing four policemen in Benue State and many residents of Tiv extraction in neighbouring Nasarawa State in the last three days. Suspected herdsmen disguised in military fatigues also met their waterloo yesterday in Yogbo community in Guma Local Government Area of Benue State when Nigerian troops prevented them from carrying out a reprisal against residents in the area. On the increasing attacks, LeBoeuf said the U.S. military had set in motion a strategic plan to assist Nigeria and other nations within the region with reliable border security plans. He said: “To respect our security cooperation activities, we again will support border security activities through invitation to help support our African allies. “We are all concerned over attacks from foreign extremists’ orgainisation and so the U.S. is interested in supporting our partner nations to secure their borders and enabling security whether in their country or outside.” LeBoeuf explained that the U.S. would continue to support Nigeria in strengthening its defence policy, which will be geared towards combating terrorism and extremism in the West African sub-region. Chief of Defence Staff (CDS), Gen Gabriel Olonisakin observed that the need to combat terrorism, arms proliferation and extremism had become imperative given the wave of attacks in recent times. Olonisakin said: “Violent extremism terrorism, human trafficking, proliferation of small arms and light weapons as well as piracy have continued to pose security challenges to our individual and collective countries. “The army chiefs of various countries including our partners need to develop and adopt a unified approach to confronting these challenges. Tackling security challenges such as those
highlighted above requires a comprehensive decision and unified approach by all stakeholders. “There is a need for sincere and active collaboration between all stakeholders to strangulate the sources of funding, weapons and groups that pose or have the potential to pose a security challenge at national, regional or continental levels. “This collaboration can only be possible if we forge lasting friendships that will accommodate common interests and aspirations to safeguard Africa.” Also speaking, the Chief of Army Staff (COAS), Lt.-Gen. Tukur Buratai stated that the African Land Forces Summit was the single largest gathering of African senior military leaders and other army chiefs from across the globe on the continent. He said the forum will afford the African countries the avenue to share experiences on global terrorism and to forge a common approach to combating transnational threats and crimes such as violent extremist organisations, terrorism, arms proliferation and piracy. Buratai noted that “terrorism, proliferation of small arms, piracy and human trafficking remain major security challenges facing the African continent with rippling effects across the globe”. “Activities of violent extremist organisations such as Boko Haram, Al-Shabab, Ansarudeen and Al Qaeda in the Magreb have continued to keep our security forces busy but we are committed to ensure the safety of lives and property. “In this regard, I am delighted to inform you that Nigeria has recorded significant progress in taming the excesses of the Boko Haram terrorists group. “I hope to give you some insights on our operational commitments as well as an update on the current situation during plenary. It is my view that combating the menace of Boko Haram and other violent
extremist organisations would require collaborative efforts,” he stated. The summit was attended by the heads of armies of several African nations including Nigeria’s Chief of Naval Staff (CNS), Vice Admiral Ibok Ekwe-Ete Ibas, among other dignitaries.
Policemen, Many Others Killed The summit on improving security on the continent coincided with reports that gunmen, suspected to be herders of cattle continued their rampage in the Middle Belt, killing four policemen and other residents in Benue States as well as many persons of Tiv extraction in neighbouring Nasarawa State over a 72-hour period. In Benue, four police officers and seven other residents were killed in Ayinbe in Logo Local Government Area of the state when the so-called herdsmen ambushed their patrol unit enforcing peace in the area. This was confirmed by the chairman of the area council Mr. Richard Nyajo in a phone chat. He said several mobile policemen were killed in his domain and many others sustained serious injuries while some were missing. He said the herdsmen ambushed the policemen in the Tombo council ward with many of them managing to flee. “It has not been confirmed the number of policemen killed but many other persons are reported dead. This is what those who managed to escape told me,” Nyajo said. The Benue State Police Command also confirmed the incident, saying its personnel came under attack by “insurgents” at Anyibe, Tombo council ward of Logo LGA between 6 p.m. and 7 p.m. on Sunday and early yesterday. A statement issued by the command’s spokesperson Moses Yamu said at the “moment the police have suffered four casualties”.
According to Yamu, additional reinforcement (including the air assets of the police) deployed by the Inspector General of Police was in pursuit of the murderous gang. “They shall definitely be apprehended with their weapons of destruction and made to face the full wrath of the law,” the statement said. Also, suspected herdsmen yesterday attacked Yogbo community in Guma Local Government Area of Benue State during a reprisal against residents of the community. A few weeks ago a group of herdsmen were killed while in transit at Yelwata, a neighbouring town to Yogbo. According to a local source, the gunmen invaded the area around 4 p.m. but met their waterloo as four members of the militia who were dressed in military uniforms were gunned down by troops of the 707 Special Forces Brigade deployed from Makurdi, the Benue State capital. The source said the gunmen who were many in number and were disguised as military personnel. “We were lucky that the troops of the 707 Special Forces responded quickly after the people started calling for help. They repelled them with superior firepower gunning down four in the process. “Others escaped but from the what we saw of the remains of those killed, they were certainly not Nigerians, we suspect they were mercenaries. The Special Adviser to Governor on Security Matters, Lt. Col. Paul Hemba (rtd) confirmed the incident in Yogbo and commended men of the 707 Special Forces for saving the people of the community from another bloodbath. “Fulani herdsmen attacked Yogbo village this afternoon burning down several houses. Troops responded killing these four while others fled,” he said. Also, the Assistant Director of Information, 707 Special Forces Brigade, Major Olabisi Olalekan Ayeni confirmed the
attack to reporters. He debunked initial speculations that those killed were military men assisting the herdsmen. He said no military identity card was found on the deceased, contrary to claims by some locals that they could have been soldiers disguised as herdsmen. During the incident, however, it was not clear if there were casualties among the residents. In neighbouring Nasarawa, gunmen also suspected to be Fulani herdsmen, went on the rampage in the state killing scores of Tiv villagers at different locations across the southern senatorial district at the weekend. The attackers were reported to have carried out the dastardly attacks simultaneously in Awe, Keana, Obi and Doma Local Government Areas, leaving many dead and at least 19 persons with severe gunshot and machete wounds. At the time of filling in this report, thousands of fleeing Tiv villagers were reported trapped along the Agwatashi-Jangwa road axis in Obi LGA shortly after the marauding herdsmen sacked over 200 villages including Uvirkaa, the home town of a serving commissioner in Governor Tanko Al-Makura’s cabinet, Gabriel Akaaka. THISDAY further observed that thousands of fleeing villagers were also stranded in the streets of Lafia, the state capital, apart from those who took refuge in different internally displaced persons camps at Agwatashi, Aloshi, Awe, Adudu, Obi, Keana, Doma and Agyaragu, among other locations. A visit to the Dalhatu Araf Specialist Hospital, Lafia, where eight of the victims were receiving treatment as a result of injuries sustained from the attacks, also revealed that five dead bodies had been deposited in the hospital mortuary, of which three were later released by the police for burial. Confirming the coordinated attacks to reporters in Lafia,
President of the Tiv Youth’s Organisation in Nasarawa, Peter Ahemba, said entire Tiv villages in the southern part of the state had been sacked, adding that most of the affected villages had been occupied by the invaders. He said: “As I speak to you, seven corpses of our people killed this morning by the suspected Fulani marauders in Wurji village in Keana LGA have just been recovered and brought to Keana town by the police. “Also, last night, five of our people were killed in the coordinated attacks with seven others still missing at Kertyo and Apurugh villages in Obi LGA. “Three days ago, we recorded eight deaths from similar attacks in Kadarko area, four from Aloshi axis and one person from Agberagba, all in Keana LGA. “Another six persons were shot at Imon village and were rushed to Obi general hospital as a result of which one of them later died. This is just a few of the deaths we recorded within the last three days as a result of these senseless attacks,” he said. The Tiv youth leader who alleged that the gun-wielding herdsmen were conveyed in trucks and brought into the state to carry out their inhuman acts, added that it was now clear that the incessant attacks on the Tiv people were no longer protests against the anti-grazing law in Benue State, but a calculated attempt to exterminate the Tiv community of the state. He restated his appeal to the Nasarawa State Government to urgently stop the carnage and called on the international community to intervene in order to save the state and country from the current bloodbath. When contacted on the phone for comment, the Police Public Relations Officer of the Nasarawa Police Command, Idirisu Kennedy confirmed the attacks in Imon village and other Tiv settlements, but said he was yet to be officially briefed on the scale of the casualties.
of training and equipping of its military, pointing out that her country was concerned about the abduction of young schoolgirls by Boko Haram. She promised that Britain would continue to give Nigeria its needed assistance, the statement said. May also observed that the administration of Buhari had “been making good progress on the economy”, and encouraged him to remain focused despite the proximity of the elections and pick up in political activities. May, while speaking on education and climate change, also told Buhari that “good grounding in education is good. It is important to equip young people for today's world. It is also a good bastion and defence against modern slavery”. She added: “The issue of the environment and climate change is very important, because of its impact on many countries in the Commonwealth. Stability at home is important, to curb illegal migration.” Furthermore, she commended Buhari, whom she said had done much to
improve trade and business in Nigeria’s interest, stating further that it was high time the country boosted intraCommonwealth trade.
BUHARI: I’M MORE CONCERNED ABOUT SECURITY, THE ECONOMY THAN 2019 POLLS “We campaigned on three major issues, to secure the country, revive the economy and fight corruption. We have elections next year, politicians are already pre-occupied with the polls, but I am bothered more about security and the economy,” the president said. Buhari who was received by May at the entrance of Number 10 at about 1.40 p.m. yesterday, walked along with her into her office where both leaders held a closed-door meeting for about 30 minutes. Before the two leaders went into the closed-door meeting, the prime minister praised Buhari on his efforts in the global fight against terrorism, anti-corruption in Nigeria, sustenance of democracy and economic progress, stressing that Britain has a long history of trade relations with Nigeria. Buhari, according to a statement issued by his Special Adviser, Media and Publicity, Mr. Femi Adesina, at the end of the meeting, told May that Nigeria made a temporary mistake when it stopped the teaching of History in schools because it deprived Nigerian pupils of
the opportunity of knowing their past. He commended British companies such as Unilever, Cadbury, and many others, which he said have “stood with Nigeria through thick and thin; even when we fought a civil war, they never left”. The president did not mince words when like Oliver Twist, he called for more investments from Britain and thanked May for the support the country had given to Nigeria in the training and equipping of its military as well as in the fight against terrorism. “Like Oliver Twist, we ask for more investments. We are encouraging more British companies to come to Nigeria. We appreciate the support you have given in training and equipping our military, particularly in the war against the insurgency, but we want to also continue to work with you on trade and investments.” The statement also said Buhari briefed May on the giant strides Nigeria has recorded through massive investments in agriculture,
disclosing that rice imports had been reduced by 90 per cent, a situation he said had helped to put Nigeria on the path to food self-sufficiency. “I am very pleased with the successes in agriculture,” he said, adding: “We have cut rice importation by about 90 per cent, made lots of savings in foreign exchange and generated employment. People who had rushed to the cities to get oil money at the expense of farming, are now going back to the farms. Even professionals are going back to the land. We are making steady progress on the road to food security,” he said. The statement also said Buhari told May that more investment was being made in education, observing that “people can look after themselves if well educated.” He further noted: “In this age of technology, education is very important. We need well-staffed and wellequipped institutions to move into the next chapter of our development.” According to the statement, the talks between both leaders focused on climate change
and environmental issues, during which Buhari brought up the necessity for interbasin water transfer from the Congo Basin to Lake Chad, which he said had receded. He said: “Lake Chad is now about 10 per cent of its original size, and it is perhaps one of the reasons our youths cross both the Sahara Desert and the Mediterranean, to get to Europe. But if there is inter-basin water transfer, about 40 million people in Nigeria, Niger, Cameroon, Chad, and other countries stand to benefit. “I made the case during the Climate Change Summit in France. If Lake Chad is recharged, it will reduce the number of youths coming to Europe to increase social problems. “We brought back about 4,000 people from Libya recently. Almost all of them were below 30, and Libya was not their final destination. They were headed to Europe.” The statement added that the British PM, in her remarks, told Buhari that Britain would continue to work with Nigeria in areas
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How Jonathan Conceded 2015 Election, Book by Okonjo-Iweala Reveals Tobi Soniyi A new book written by the former Finance Minister and Coordinating Minister for the Economy, Dr. Ngozi OkonjoIweala has revealed insider details that will impact Nigeria’s political economy for a very long time. According to the book titled, ‘Fighting Corruption is Dangerous: The Story Behind the Headlines,’ which is meant to contribute to the global understanding of the challenges that reformers face when fighting corruption in developing countries, former President Goodluck Jonathan concession in the 2015 elections to President Muhammadu Buhari was a decision he reached on his own with little or no prodding from outside forces. In the book which went public last week to readers who had pre-ordered it, Okonjo-Iweala detailed what happened on that fateful day when unknown to all present at the presidential residence in Aso Villa on March 31, 2015, the then president had already spoken to his rival in the presidential election, Buhari, and conceded while various high level government officials and Peoples Democratic Party (PDP) big wigs were discussing whether or not he should concede. Okonjo-Iweala revealed that with the room full of people giving conflicting advice, she leaned towards the president, who was seated by her, to impress it upon him the importance of conceding before the results were completely collated and announced, and that he listened to her whispered words and then spoke loudly in response to the hearing of everyone in the room, “It is done. A few minutes ago, I called to congratulate President-elect Buhari.” The former finance minister’s accounts are consistent with the recollections of her then
colleague, Osita Chidoka, who was Minister of Aviation. In her book, the former finance minister also recalled the support she got from Jonathan over her refusal to pay spurious subsidy claims and bogus judgment debts to oil marketers and other individuals respectively. While admitting that certain high level persons were convicted, the book expresses frustration that not more corrupt people were convicted during the Jonathan administration even while acknowledging that this may have been due largely to the slow pace of the Nigerian judiciary. The much-awaited book, which the minister describes as “a personal account of an important aspect of my work in government – fighting corruption” renders the moving and insightful tale of her experiences while serving in the Jonathan government. The former minister states in her book that she was inspired to write the book in order to make sense for herself and others who have asked to know what was behind the attacks she suffered after leaving office, to highlight the efforts made by the Jonathan administration to fight corruption based on her personal experience, and to “shed light on the perils, pitfalls, and successes of confronting corruption”. According to Okonjo-Iweala, the book “provides lessons for those seeking to stop corruption and enshrine transparency and good governance in their work” especially finance ministers “who often do a risky jobs and rarely speak out, saying no to colleagues, cabinet members, civil servants, politicians – and even their bosses, the president or prime minister”. Okonjo-Iweala believes that as risky as it was to serve and fight corruption, in spite of the dangers and difficulties, “it was worth it because institutions, systems, and processes that can
Okonjo-Iweala endure were built for Nigeria, and substantial monies saved”. Okonjo-Iweala goes on to state that the vast majority of Nigerians are honest, hardworking people that just want the government to provide basic services, and then get out of their way so that they can take care of themselves. “These people deserve strong institutions that can protect them from corruption.” She said in the book: “For me, it was also an issue of personal responsibility. I believe that the fight against corruption must start with individuals who choose to take responsibility. “Years of development experience have shown me that regardless of the instruments, such as incentives and disincentives, that are available to reformers, corruption cannot be fought successfully from the outside or by outsiders. It must be by ‘insiders and from the inside’.” The former minister goes on to narrate some of the personal acts of intimidation that she was subjected to because of her insistence on implementing reforms and insisting that the right things should be done. One of the most direct examples was the dramatic and traumatic kidnap of her eighty-three-year-old mother in broad daylight at the country home in Ogwashi-Ukwu.
“They asked my brother to tell me to announce on national television and radio that I was resigning from my job as finance minister and leaving the country,” she revealed when the kidnappers eventually made contact. The reason behind the kidnap was that, with the support of Jonathan, she had convened a taskforce that audited fiscal accounts and detected fraudulent claims for oil subsidy payments which she refused to pay. The Technical Committee led by Mr. Aigboje Aig-Imoukuede, Managing Director of Access Bank to verify and reconcile the N1.3trillion ($8.4billion) subsidy claims by oil marketers for 2011 revealed “ghost vessels” that never supplied any products, lack of shipping documents or evidence of payments for the products in foreign exchange. It found that N382 billion was fraudulent and should be recovered from the 107 oil marketing companies. Upon release, her mother reported that the kidnappers gave two reasons for the kidnap: “Your daughter refused to pay oil marketers, and she did not pay SURE-P money.” The second instance was the plan by some oil importers and marketers to render her paralysed and in a wheelchair. The minister revealed how a few months after the release of her mother, she got a tip of a meeting where a plan to “inflict maximum physical damage short of killing her” because she was withholding subsidy payments. In her capacity as Finance Minister and Coordinating Minister for the Economy, and based on the hard work of economic team members and various ministry of finance officials who worked with her, Okonjo-Iweala led and coordinated initiatives that saved the country about $2.5 billion from corruption and fraudulent transactions including blocking
of payment for fraudulent claims by oil marketers, $1.5 billion from expunging ghost workers and pensions and refusing to pay phony judgement debts and $5 billion by refusing to guarantee proposed loans by international scammers and refusal to accept dubious grants. Collectively, according to her, the efforts saved the country over $9 billion. The former minister, in her book, also revealed how Atedo Peterside, then Chairman of Stanbic-IBTC relayed the request for her to work for the Jonathan administration, the “friendly” advice of Donald Duke, the former governor of Cross Rivers State that she should refuse and the ensuing media attacks on her reputation by Sahara Reporters when it became apparent that she was giving the offer serious consideration. She narrated that she was reluctant at first but was moved to accept the president’s offer to come back because of the following reasons. One, President Jonathan’s patriotic and emotional pitch to her that during one of her telephone conversations: “I am not asking you to come and work for Jonathan. This is not about Jonathan. It is about helping your country.” Two, her father, a patriotic Nigerian and believer in the country was in support, stating that it was her chance to further use her expertise to help improve the economy and the lives of less fortunate Nigerians. The third reason was the possibility of completing the work of building “institutions, systems, and processes to stem revenue leakages from the budget” which had slowed down considerably after she resigned under the Olusegun Obasanjo administration. The initiatives included the Government Integrated Financial Management System (GIFMIS), the Integrated Personnel and Payroll Management Information
System (IPPIS), and the Treasury Single Account (TSA). When she eventually made up her mind, she was upfront on asking that the president create an economic team to support the reforms and also grant her regular access to him to discuss important issues. Okonjo-Iweala also revealed in the book the frosty relationship that existed between her and officials of the Nigerian National Petroleum Corporation (NNPC). The hostility was largely because of the lack of transparency in the operations of NNPC and the Ministry of Petroleum Resources – a problem that for long bedeviled the country. At the heart of this were the discrepancies in revenue numbers. She wrote: “In 2012, in addition to the serious issues of the oil subsidy fraud, tensions began to rise in FAAC meetings over the lower-than-projected disbursements of oil revenues to the Federation accounts.” She stated that investigations by the finance ministry revealed an average shortfall of N160 billion per annum, which according to NNPC’s explanations was due to oil theft and pipeline vandalism. She revealed that her attempts to get accountability for the development put her at crossroads with NNPC officials. She described “trying to bring transparency and accountability to this sector” as “probably one of the most stressful and dangerous tasks of my job as finance minister!” Fighting Corruption is Dangerous: The Story Behind the Headlines, is billed to be released by MIT University Press on April 20, 2018 and is already widely anticipated in global leadership and financial circles with former British Prime Minister and Chancellor of the Exchequer Gordon Brown, and billionaire businessman and transparency and governance guru Mo Ibrahim endorsing the book.
technical suspension placed on the company's shares in October last year. The Nigerian Stock Exchange (NSE) commenced free trading of Oando shares following a directive from the SEC last week. The share price of the troubled energy firm has experienced a price jump from N5.99 to N7.55 after only three days of trading on the stock exchange. A statement by Oando last night quoted one Mr. Babatunde Badmus of the Pacesetter Shareholders’ Association as saying: “We are happy the SEC and the NSE have finally heeded the pleas of minority shareholders like myself. “It is unfortunate it took six long months to take effect, nonetheless we are pleased to finally be opportuned to reap from the company’s positive operations over the last six months.” According to the statement, Oando minority shareholders have been the hardest hit since the imposition of the technical suspension. During the period when the company’s shares were placed on technical
suspension, the NSE’s All-Share Index gained about 14 per cent. By virtue of the sustained suspension, Oando shareholders have been unable to benefit from the positive sentiments in the market within this period. Should the shares have been freely tradable, a positive correlation between crude oil prices and the share price of Oando PLC would have afforded the over 270,000 shareholders an opportunity to profit from the inevitable price rally, the statement added. It also quoted Mr. Tambari an Oando shareholder with the Sokoto Zone Shareholders’ Association to have said: “The lifting of the technical suspension is a breath of fresh air. Every true shareholder of Oando is delighted that we can finally reap a return on our investment. “It is for this reason I doubt the authenticity of these shareholder groups saying the suspension shouldn’t have been lifted. Haven’t we suffered enough? The public knows that the company is viable, this is already evident in the price jump since the NSE commenced trading.”
MARKET ANALYSTS PUSH FOR SEC’S INDEPENDENCE AS REGULATOR third in a spate of five months by Adeosun, has the capacity to slow down activities and affect the smooth running of the capital market which they said made considerable gains in the first quarter of 2018. Commenting on developments at SEC, a stockbroker, who preferred to remain unnamed, noted that the current acting director general Mary Uduk is eminently qualified to hold the post given her vast experience as a market regulator, but called for the amendment of the Investment and Securities Act by the National Assembly to give the SEC independence like the Central Bank of Nigeria (CBN) to prevent meddling and interference by any ministry. “The capital market is part of the financial system, and since the CBN was given independence, no person can come and remove its governor without the approval of twothirds of the Senate. “This provision was put into the CBN Act to shield it from undue interference and ensure that its principal officers are unimpeded as regulators of
the banking system. “If this was achieved for the CBN, the National Assembly should step in to amend the ISA to give the leadership of SEC and the institution itself the needed independence to regulate the market. That is what obtains with the U.S. SEC after which our own SEC was modelled. “The game of musical chairs we see in the SEC today is the fallout of the Oando fiasco, leading to he-said, she-said. We don’t even know who to believe any longer and what is worse is that the Oando issue remains unresolved. But if SEC was independent of the finance ministry, all this would not arise,” he said. Also, the African regional representative of Afribonds, an equity investment firm quoted on the Johannesburg Stock Exchange (JSE), Dr. Ejiro Monidafe said: “A situation where existing directives and instructions given by an out-gone official do not see the light of day must not be accepted any more. Apart from retarding productivity, it is believed to have become a veritable source of corruption
in the system. “SEC must be able to establish a sound management matrix which would instill a proper level of continuity so that no such sudden change would render an already determined decision from relevant ministries, agencies or other institutions irrelevant. “This has become important because of the fact that many instructions and decisions which flow into the institution on a daily basis are so important that they must be seen as on-going and not particularly personal, as they are needed in moving the tempo of the market forward.” A senior partner with Andersen Tax, Clarkson Okooboh also said: “Because of the sensitivity of the office of the acting DG, any new appointee may be tempted to function independently, but it is the duty of the supervising ministry to emphasise the fact that all approved or recommended materials on the former official’s desk must be made to receive responsible attention for the sake of market stability and confidence.” He noted that the spate
of instability suffered by the capital market in the last 10 years was mainly due to the poor continuity that followed the forceful disengagement of the former director general of the NSE, Dr. Ndi Okereke Onyiuke, which he said was now being replicated at the SEC. He said this should guide the management of SEC and its supervising ministry in making sure that every decision and instruction already approved from relevant institutions must be critically upheld or implemented. “This problem started 10 years ago with the forceful disengagement of the former DG of the NSE and because people got away with it, it is now being replicated at the SEC without people looking at the consequences such decisions could have on investors’ confidence and the overall performance of the market,” he explained. Meanwhile, some shareholders of Oando Plc yesterday expressed satisfaction in the rise in the company’s share price by 26 per cent, following the removal of the
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Ă?ĂĄĂ? ĂŽĂ“ĂžĂ™Ăœ Davidson Iriekpen Ă—Ă‹Ă“Ă– davidson.iriekpen@thisdaylive.com, 08111813081
Presidency Report Reveals How Suspended NEMA Staff May Have Siphoned Billions of Naira Omololu Ogunmade Officials of the federal government last night revealed details of how over a billion naira was misappropriated by seven staff of National Emergency Management Agency (NEMA). A government source, who did not want to be named, gave details of how the embattled staff stole $284,000 and ÂŁ95,000 respectively in an email he forwarded to THISDAY last night. The source said the suspended officers had hurriedly and illegally taken the matter to the House of Representatives, in a pre-emptive move designed to stonewall the ongoing investigations by the Economic and Financial Crimes Commission (EFCC) and in order to cover up their alleged misdeeds. According to him, an authoritative report on the matter submitted to the presidency by the agencies involved in the investigations had revealed the activities of the suspended directors and point to “a clear case of abuse of office, graft and collusion on the part of the NEMA directors.â€? He said the agencies’ findings were contrary to the clearance given the staff of NEMA by the House of Representatives Committee on Emergency and Disaster Preparedness. He said: “The indicted officials indeed have genuine cases to answer. Actually, some of the officers have made confessional statements, while others could
simply not explain the money and properties already traced to them. “Based on the facts contained in the report, their claim of innocence cannot be substantiated and the presumed understanding they are getting from the House of Representatives is indeed a true reflection of the current state of affairs in Nigeria, where the most corrupt often seek to cover their misdeeds by pointing accusing fingers at others.� According to him, details of the report revealed that the affected persons, in connivance with the former Director- General of NEMA, may have formed an alliance with certain already identified House committee members and illegally procured and stole various papers from NEMA files in their bid to exonerate themselves and challenge their suspension, saying they were innocent whistleblowers only being victimised by the board. He added that whereas the impression in the House of Representatives last week presents the indicted officials as victims of circumstances, “the reality is rather different and there is evidence now accruing to government that the action of some in the House may be an attempt to protect the suspended directors in an unwholesome deal, which is already causing ripples even in the National Assembly.� He said the presidency is querying the House sympathy for illegal removal of official
APC Disagrees with Yakassai over North’s Rigging Claim in 2015 Onyebuchi Ezigbo Ă“Ă˜ ĂŒĂ&#x;ÔË The Deputy National Chairman (South) of the ruling All Progressives Congress (APC), Mr. Segun Oni, has rejected the claim by a statesman, Tanko Yakassai, that the North in 2015 took advantage of the malfunctioning card readers to rig the elections in favour of President Muhammadu Buhari. Yakassai, who is the chairman of the Northern Leaders and Stakeholders’ Assembly (NLSA), had led his group to meet with former military president, Gen. Ibrahim Babangida (rtd), at the weekend and had informed his host that the 2015 elections were rigged in the North because the card readers used by the Independent National Electoral Commission (INEC) malfunctioned and had to be discarded for manual voting while those in the South worked and were used in the polls. Reacting yesterday, Oni, who is also seeking the ticket of the party to contest the forthcoming governorship election in Ekiti State, dismissed Yakassai’s claim as untrue, describing his position as nothing but an afterthought. Addressing reporters yesterday in Abuja when he
came to the secretariat of the APC to pick his nomination form ahead of the party’s governorship primary, Oni said Nigerians actually rejected the Peoples Democratic Party (PDP) government at the polls in 2015. Oni said: “I want to say that it is not true. The card reader cannot rig elections. Human beings can rig elections not card readers. I must say that when people are looking for ways to justify their inadequacies, they will look for failures, they will look for faults, so the card reader has suddenly become one. “The truth is that the people of Nigeria voted overwhelmingly for President Buhari. The people of Nigeria were tired of the PDP, the people of Nigeria were clearly embarrassed by a government that was not just pilfering, it went to the extent of even stealing what was supposed to be the source of its own wealth. “They were stealing oil and they were selling it into individual pocket. Have you ever heard that? So, if we had a government that was reckless, a government of a president of all us, declaring that stealing is not corruption.�
documents by the suspended staff and their acceptance by members of the House, which he said had “the constitutional powers to access the document but resort otherwise.� The report submitted to the presidency shows the enormity of the crimes committed by the officials which comprised misappropriation of public funds, frivolous claims of personal emoluments and conspiracy with the other officials to short-change the federal government of due revenues, among others. He said: “Regarding the former NEMA DG, Mr. Sani Sidi, for
instance, it was indicated that he maintained 20 different accounts in various banks, despite his public servant status. “EFCC found suspicious deposits amounting to $164,000 in his domiciliary account at Standard Chartered Bank alone, all within 18 months, that is, between January 2014 and June 2015. “This almost averages out at $10,000 per month. At the same time, he had up to ÂŁ58,000 in his Pound Sterling Account. He faces allegations of misappropriation of public funds, frivolous claims of personal emoluments and
conspiracy with the other officials to short-change the federal government of due revenues. “Also indicted and suspended is the Director of Finance and Accounts, Akinbola Hakeem Gbolahan who also maintains many bank accounts with questionable transactions. EFCC, the report indicated, has noted in particular his account in GTBank where suspicious deposits were found, totaling N27, 650,000 which is, in addition, the over ÂŁ37,000 and $120,000 found in his domiciliary accounts, and his naira account which has several suspicious deposits in excess of
N50 million, much of which flowed directly from NEMA. “For the Acting Director of Special Duties, Mr. Umesi Emenike, findings from the report revealed that funds meant for programmes and maintenance of the Southsouth zone operations of NEMA under his supervision were paid directly into his personal accounts (14 of them have been discovered by EFCC in various banks), instead of the Zonal Office Account.
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CONGRATULATIONS
Former Interim National Chairman of the All Progressives Congress (APC), Chief Bisi Akande (second left), receiving the 2017 Zik Award for Political Leadership presented by the National Chairman of the Peoples Democratic Party (PDP ), Prince Uche Secondus, during the Zik Prize Award presentation in Lagos....Sunday night...With them are APC National Chairman, Chief John Odigie-Oyegun (left), and former Senate President, Mr. Ken Nnamani
Beyonce Gets Praise for Honouring Fela, Chimamanda, Using Nigerian Dancers at Coachella Some Nigerians on Twitter have applauded the American music star, Beyonce, for paying tribute to Afro beat legend, Fela Anikulapo Kuti, and honouring Nigerian writer, Chimamanda Adichie. Beyonce, who became the first black woman to headline Coachella last Saturday, did so with a two-hour performance and had her band perform a rendition of Fela’s 1976 classic ‘Zombie’. Fela Kuti was a Nigerian musician and activist, who launched Afro-beat, which then fused American blues, jazz and funk with traditional Yoruba music. Nigerians were excited that she decided to honour two Nigerians, alongside other black legends including Nina Simone and Malcolm X. Nigerian singer, Emma Nyra, wrote @emmanyra tweeted: “Beyonce just made me so proud to be who I am. Unapologetically black, female and talented. Our voice matters. She even paid tribute to Fela! I will forever be a fan.� @Blackdot_Mandy tweeted, “Beyonce just paid a tribute to Afroking and Afrobeat legend
Fela Anikulapo Kuti, during her Coachella performance. I stan Beyonce Knowles.� @Erhuwrites wrote: “Who else got chills when they heard Chimamanda’s voice at the end of Beyonce’s glorious performance at Coachella? I still have goose bumps.� @DrDendere tweeted: “Beyonce is now new level amazing. Chimamanda blasting out during her Coachella performance is life.� @Ganga_A wrote: “Within Beyonce’s Coachella performance in the little bit where the band was going off, they play Fela Kuti’s Zombie. This is why she is number one, a cultured queen and an unshakeable throne.� @KLCHII tweeted: “Beyonce really brought Fela to Coachella with that lil hook.� ‘irreplaceable’ crooner also featured Chimamanda Adichie’s speech ‘We Should All Be Feminists’, which was sampled on her song ‘Flawless’, at the end of her performance.� Chimamanda Adichie is a multi-award winning writer and her second book ‘Half of
a Yellow Sun’ won the Orange Prize. Two Nigerian dancers also took to their Instagram handles to thank Beyonce for giving them the chance to perform alongside her. Diddi Emah and Kendra Oyesanya hailed Beyonce’s work ethic and dedication to her craft. Kendra wrote: “A dream come true. Performed with the one and only @beyonce At #Coachella. I don’t know why I had to lose my dad during this process, but I know he was watching me from the front row. Thank you Beychella And Thank you @jaquelknight & @chrisgranted.� While Diddi wrote: “God bless you @beyonce!!! @ jaquelknight would I have done without you? This one is for all the small girls in villages back home in Nigeria. God is alive and kicking! Dream as big as you can-and then believe it! Thank you for all the support. To perform behind the first black woman to SLAY the stage at Coachella-to slay the world. All hail the QUEEN @beyonce. She is a true masterpiece. I’VE
NEVER WATCH SOMEONE WORK THAT HARD Let alone a woman. Thank you to all the Historical Black Colleges-you made this possible. I’m so proud to be African and American.� Beyonce has been trending since after her performance for the groundbreaking routine at Coachella, song selections and surprises, including bringing her defunct group ‘Destiny’s Child’ and husband cum superstar rapper, Jay-Z, on stage. After her live performance at Coachella, Beyonce literally broke the internet with her performance, with many renaming the concert ‘Beychella’. Meanwhile, Nigeria’s Ayodeji Balogun, aka Wizkid, is billed to perform at Coachella next weekend on April 21. The Coachella Valley Music and Arts Festival commonly referred to as Coachella or the Coachella Festival is an annual music and arts festival held at the Empire Polo Club in Indio, California, located in the Inland Empire’s Coachella Valley in the Colorado Desert.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
OPL 245, ADOKE AND THE POLITICAL INTRIGUES There is more to the Malabu deal than the EFCC is telling Nigerians, argues Babagana Bukar
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n Friday, April 13, 2018, Justice Binta Nyako of the Federal High Court sitting in Abuja made a landmark pronouncement which, stripped of legal language, means when a minister acts as directed by the president, he or she cannot be held liable for the action. In other words, the minister is only carrying out an order of the president. Justice Nyako declared that by the provisions of sections 5(1), 147, 148 and 150 of the Constitution of the Federal Republic of Nigeria (as amended), the executive powers of the federation were vested in the President which he could exercise either personally or through any of his appointed ministers. This is the first judicial interpretation of these sections of the constitution to the best of my knowledge. Why is this judgment so significant? Mr. Mohammed Bello Adoke, who was Attorney-General of the Federation and Minister of Justice under former President Goodluck Jonathan from 2010 to 2015, had been charged to court by the Economic and Financial Crimes Commission (EFCC) for allegedly giving “wrong legal advice” to Jonathan in the settlement of the long-drawn dispute between the Federal Government of Nigeria and Malabu Oil & Gas Ltd over OPL 245. The oil prospecting licence had been awarded to Malabu Oil & Gas Ltd in 1998 by the government of the late General Sani Abacha. However, the licence was withdrawn by the government of former President Olusegun Obasanjo in 2001, who then awarded it to Shell. Meanwhile, the OPL 246 licence awarded to General T.Y. Danjuma’s South Atlantic Petroleum on the same day as Malabu was not withdrawn by Obasanjo. Danjuma was Obasanjo’s Minister of Defence, though. Malabu thereafter went to court to challenge the withdrawal of OPL 245 licence. Eventually, the federal government decided to settle out of court. This was in 2006. Shell was dissatisfied with the decision and opted to sue the federal government to the International Centre for the Settlement of International Disputes (ICSID), an arm of the World Bank, claiming at least $1.5 billion from Nigeria for alleged breach of contract. Shell’s internal memos later revealed, the international oil company was confident it would be awarded at least $2 billion. It appeared to be a bad case for Nigeria. This was the state of things when President Jonathan came to office in 2010. Malabu, whose beneficial owner had now turned out to be Chief Dan Etete, Minister of Petroleum under Abacha, raised the matter with Jonathan, who then decided to give effect to the out-of-court settlement reached by the Obasanjo government. It was on the basis of the judgment that the resolution agreement was reached with Malabu. It provided the following terms: that Malabu waives all interests and rights in OPL 245 and agrees that it should be re-allocated to another entity; that Shell Nigeria Ultra Deep Limited (SNUD) agrees that its interest be reallocated to Shell Nigeria Exploration and Production Company (SNEPCo); that FGN will re-allocate OPL 245 to SNEPCo and Eni of Italy (also known as the Nigerian Agip Exploration, NAE); that the $207,960,000 deposited in an Escrow account at JP Morgan Chase Bank in London, UK, by SDPC will be paid to FGN as signature bonus for the re-allocation of OPL 245 to SNEPCo and NAE; that an Escrow account will be opened in the names of FGN and Malabu at JP Morgan; that NAE will pay an agreed sum to the account; that the money will be transferred by FGN to Malabu as its pay-off for giving up OPL 245; that NAE and SNEPCo will execute the PSC for OPL 245; and that all pending suits, and arbitration, will be withdrawn by all parties. It was in the spirit of the resolution agreement that the transaction was concluded. Controversy would arise much later over the $1.1 billion payments made to Malabu; some campaigners in the UK started raising issues that it should have been paid to the Nigerian government, and that Malabu, the original owners of the oil block, should not have got anything. All these arguments, it would appear, were designed for OPL
HOW CAN EFCC CHARGE SOMEBODY TO COURT FOR GIVING WRONG LEGAL ADVICE ‘THAT MADE NIGERIA LOSE MONEY? EVEN IF HE GAVE BAD ADVICE, IS THAT A CRIMINAL OFFENCE?
245 alone. Original awardees of many oil blocks in Nigeria had been re-selling to IOCs for decades without any eyebrow being raised, but the campaigners sought to make a different law for Malabu. They may have a point, nonetheless. There are important moral questions that Etete was Minister of Petroleum when the oil block was awarded to Malabu, and he turned out to be the owner of Malabu, along with a son of Abacha. There is a legitimate question of conflict of interest. But fraud is a different kettle of fish which has to be legally established. This is why I think the vilification of Adoke has been most unfair. Everything about OPL 245 has been pinned on him by the EFCC as if he was the one that awarded the licence to Malabu in the first place. You would also think he was the AGF that decided to settle out of court. You would think he was the one that ordered that $1.1 billion be paid by Shell and NAE to Malabu. You would think he was the one that said the money should not be used for healthcare and education. If you mention the name “Adoke” today, what comes to mind immediately is “OPL 245 fraud”. At least that is the impression I also had about him until last year when I started reading his own side of the story. He has been so damaged. Yet, it is becoming glaring that there is more to it than the EFCC is telling Nigerians. How can EFCC charge somebody to court for giving wrong legal advice “that made Nigeria lose money”? Even if he gave bad advice, is that a criminal offence? Everybody knows that the buck stops at the president’s table, as the Federal High Court has now ruled. It is common sense. Adoke himself has said if Nigeria had not resolved the dispute with the Resolution Agreement, Nigeria would have been fined $2 billion by the ICSID. It is an irony that when JP Morgan filed its defence in the ongoing case of “negligence” brought by the Attorney-General of Nigeria in a London High Court, nowhere was Adoke’s name mentioned. All the government officials that authorised the payment were named by the bank. These are: then Minister of State for Finance, Dr. Yerima Ngama; and then Accountant-General of the Federation, Mr. Otunla Ogunniyi. I have scanned through the court documents and nowhere was Adoke mentioned as authorising any payment. Yet he is the only (former) government official being prosecuted by the EFCC. Anybody who understands how government works will certainly come to the conclusion that there is something fishy going on. It beggars belief that only one official did something wrong in a matter that spanned the lives of four administrations, with four different AGFs! Apart from accusing Adoke of giving “wrong” advice, the EFCC also said he collected a bribe. If this is true, then it is indefensible. However, Adoke told TheCable online newspaper last year that the money allegedly traced to him was in an unrelated mortgage he took from Unity Bank to buy a house in Abuja from one Alhaji Aliyu Abubakar, a property developer. Adoke said Unity Bank loaned him N300m, which it paid directly to Abubakar, and asked Adoke to make an equity contribution of N200m for the balance. Adoke said, however, that he could not sell the land from where he had hoped to raise his N200m equity contribution. Abubukar decided to resell the property to the CBN and then returned the N300m paid by Unity Bank. Adoke said: “I don’t know how he (Abubakar) paid back to Unity Bank. I don’t know if he paid them dollars, if he got the bureau de change to change any money, I was not aware. It was between him and the bank. But this is a simple question to ask: Malabu transaction took place in 2011. All the payment processes commenced 2011. I didn’t collect bribe in 2011. I didn’t collect bribe in 2012. It was now in 2013 that I would collect bribe on a transaction that took place in 2011. Please does that make sense?”
Bukar is the Managing Partner of Bukar and Bukar Associates, Area 11, Garki, Abuja.
NIGERIA, SHELL AND OGONI BILL OF RIGHTS Saatah Nubari urges community leaders to be firm and supportive of the struggle in Ogoniland
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he squabble on who should be permitted to exploit oil in Ogoni, and by-so-doing, exploit the poor people of Ogoni in the long run, has thickened. The chiefs and traditional rulers have not been left out of this vaudeville. It isn’t difficult to see the reason behind this. The Ogoni field is a rich one, and on April 1, 2018, the Publicity Secretary of MOSOP was in the news, decrying government’s inaction in investigating the claims of Shell concerning its oil production in Ogoniland. According to Shell, production in Ogoni was at 28,000 barrels a day, but Mr. Fegalo Nsuke and the MOSOP claim to have data which shows that Shell was mining oil in excess of 185,000 barrels per day. Let me add here that when it is Shell vs anyone else, I believe anyone else. So I believe Nsuke, just like I strongly believe that Shell, in connivance with government and certain individuals, have applied the horizontal method of exploiting the resources of the Ogoni people, despite being chased out by them, which is why they are doing everything possible to hold on to the Ogoni field. Let me add again here that, the people of Ogoni which I am a part of, will not let that happen. If the death of Ogonis in the
hands of their government militia is their saving grace, then Shell and the Nigerian government itself should be ready to annihilate the over two million Ogoni’s that make up Rivers State. On August 26, 1990, the Ogoni Bill of Rights was adopted by the Ogoni people and presented to the Nigerian government. Since my words here are limited, I will not reproduce the entire bill here. I will only distil from it. What the Ogoni Bill of Rights did was to outline the struggles the Ogoni people have faced since colonial times and in present day Nigeria. It stated the systematic oppression, and the slow genocide the Ogoni people were dealing with; being perpetuated by the excesses of Shell Nigeria, its accomplice the Nigerian government, and the armed forces which it had turned into its private militia. This genocide was being done using different methods, notably the harrowing devastation of the Ogoni air, land, and water by hydrocarbons from oil exploration, while following it up with violent suppression of Ogonis when they decide to challenge these actions. The Ogoni Bill of Rights made many demands, but for the sake of this piece, I will reproduce just two: b) the right to the control and use of a fair proportion of Ogoni economic resources for
Ogoni development; g) the right to protect the Ogoni environment and ecology from further degradation. Up until today, none of the seven demands made by the Ogoni people have been met by the Nigerian state, and instead of making efforts to meet these demands, government has given us a media clean-up, which like its name, can only be seen on the pages of newspapers and with high resolution pictures on social media. As was expected, this has been a ploy by government and those in its employ, to resume oil exploration in Ogoni as can be seen with the actions of Shell, Robo Michael, and Belema Oil. Shell, in its usual crude manner of divide and rule has already begun, with the laying of pipes in Ogoni land, especially in Biara where it paid some youths, so as to get access, while ending up creating chaos which led to the subsequent shooting of a different set of youths—by the military—who tried to prevent them from gaining said access since they weren’t paid. Robo Michael which rumour has it, has close links to members of the Presidency, has decided to also foment trouble in Ogoni by meeting and paying off traditional rulers and chiefs who are in their twilight on earth, and who should do well to
stay far away from discussions and decisions that are expected to affect the Ogoni people decades from now. Belema oil is not left out. The Ogoni people might be poor, and a good proportion illiterate, which has not been of their own doing, but of the doing of their government in collaboration with International Oil Companies which have destroyed their land and rivers which are the major economic vehicles of the people. But that does not make the Ogoni man or woman timid, desperate or stupid. The Ogoni people have lost an entire generation of its leaders, and thousands of others whose names are not sung to the resource control struggle in the Delta region. The community leaders and traditional rulers should be careful not to stir another round of violent clashes like those that led to them being tagged “vultures” and resulted in the violent murder of four Ogoni chiefs, by collecting monies from government and or oil companies in exchange for their support. The next phase of the resource control struggle is in full gear, and as the different ethnic nations in the Delta unite, the Ogonis must once again be prepared to lead. Nubari is a data analyst and a Niger Delta activist
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T H I S D AY TUESDAY, APRIL 17, 2018
EDITORIAL THE ATTACK ON BANKS IN OFFA The authorities must ensure that the criminals are brought to book
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he recent co-ordinated robbery attacks on five banks in Offa, Kwara State, is another sad reminder of the state of security in Nigeria. Although official figures put the number of the dead at 17, including nine policemen, there are unofficial reports suggesting that well over 50 persons might have been killed. While we commiserate with the families of the deceased persons, if the Closed Circuit Television (CCTV) footage of the robbery that is already circulating online is genuine, and there is nothing to suggest it is not, one can easily conclude that those who carried out the robbery were well trained in the use of weapons. That should compel the authorities to conduct a more thorough investigation beyond the usual arrest and parade before cameramen that never leads to any diligent prosecution. In condemning the attack last Thursday, members of the House of Representatives called for a total overhaul of the national security architecture. “If armed robbers can WE ALIGN WITH THE enter a town, drive POSITION OF THE HOUSE in a convoy of about OF REPRESENTATIVES ON 10 vehicles, sack a THE NEED FOR A TOTAL police station and OVERHAUL OF THE POLICE raid banks, it calls for AS AN INSTITUTION an urgent enquiry,” said Hon Oluyonu Tokpe. “As we speak, all the banks in Kwara-South are shut down. You can imagine the implication on the economy and business of the state.” Aside highlighting rising insecurity in the country in different manifestations, the Offa tragedy also brings to fore the fact that men of the Nigeria Police Force have become easy prey for criminals. In other climes, criminals would only attack or kill a policeman as a last resort because of the realisation that the governments of those countries would unleash all security apparatus to apprehend the culprits. Even Mafia members avoid killing policemen. In Nigeria,
Letters to the Editor
this is not the case. That is perhaps because the unprofessional conduct of most of our officers and men exposes them to such attacks. For starters, most policemen, while on duty, never seem to be battle ready. They carry bags and briefcases or run errands for people they are supposed to guard while those in banks occupy themselves attending to wealthy patrons, saluting and opening doors for them. Visiting a Nigeria police station, one is likely to encounter officers sleeping behind the counter while some treat themselves to alcoholic drinks even at work aside walking around in slippers while in uniform with their guns dangling from the sides.
T T H I S DAY EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOLAJI ADEBIYI, JOSEPH USHIGIALE MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN
T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS PETER IWEGBU, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com
o compound the problem, police authorities most often handle the murder of their own men and officers with the same levity with which they handle those of ordinary civilians, and even high profile political killings. It remains unclear what sort of security intelligence training our policemen receive but the desperation for gratification most often clouds their judgment. There are reports that during a recent kidnap, a stranger approached the four policemen on duty, engaged them in a friendly conversation and then bought drinks for them. After the first round of beer, according to the report, the man bought the policemen another round and as they got tipsy and dropped their guns, bandits came in and shot all of them. The situation has become so dire that Nigerians prefer soldiers to be deployed for security, as policemen are considered weak and ineffective. Meanwhile, most of the ills in the police are deeply rooted in the recruitment process and politically motivated manner of promotion where merit is often by-passed. We therefore align with the position of the House of Representatives on the need for a total overhaul of the police as an institution. But first the authorities must ensure that those who executed the brazen attack on innocent citizens in Offa are made to face the full wrath of the law.
TO OUR READERS Letters in response to specific 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.
AMBODE AND THE APAPA TOWN HALL MEETING
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he 11th edition of the Lagos state government Quarterly Town Hall Meetings berthed in Apapa yesterday, April 16. Since its inauguration in May 2015, it has become traditional for the state government to periodically render account of its stewardship as well as interact with Lagos residents on diverse issues of governance. The town hall meeting, which quarterly alternates across the state’s three senatorial districts, is in fulfilment of Governor Ambode’s resolve to run an all-inclusive government in which “no one or segment of the society, irrespective of colour, race, faith, status, ability or disability is left behind”. The forum provides a steady platform for Lagos residents as well as other key stakeholders to be part of decision making process in the state. This, of course, is the essence of democracy. For any democratic system to be truly about the people, it is imperative that every democratically elected government constantly relates with the citizens on key issues of governance. Without a doubt, the people remain the bedrock of democracy and as such it is critical that their views on government policies and programmes are carefully and systematically sought from time to time. This way, it will be easy to evolve strategic means to determine ways of improving the quality of the citizenry’s social life. Since inception of the meetings, opinions of various stakeholders as well as resolutions reached have been quite helpful in assisting government to prioritise its developmental plans across various sectors of the state. For instance, at the maiden edition held at Abesan Mini
Stadium in Ayobo-Ipaja, residents clamoured for a lasting solution to traffic gridlock along Lagos-Abeokuta Expressway as well as rehabilitation of the Ayobo-Ipaja Road. In his response, Governor Ambode promised that a Flyover Bridge would be constructed at Abule-Egba to ease traffic along the axis while the Ayobo-Ipaja Road would be rehabilitated within three months. Both promises have since been fulfilled. Besides helping government to prioritise its activities, the town hall meetings equally offers opportunity for the people to be briefed about various policies and activities of government on a quarterly basis. This is quite important because where access to official information is lacking, the citizenry are bound to take rumours, misconceptions, falsehoods and half-truths as the gospel truth, especially in this era of unbridled social media phenomenon. Therefore, at Apapa, Lagos residents heard directly from the governor about several decisive issues that are of immense concern to them. Similarly, Governor Ambode equally informed the people about the several strides of his administration across all sectors since the first quarter of this year. The Akinwunmi Ambode administration has no doubt, taken infrastructure renewal to a new height in the state. In view of the several developmental projects currently going on in the state, the joke around town is that Lagos has become one huge construction site. Just recently, President Muhammadu Buhari commissioned a World Class Bus Terminal at Ikeja. At the event, Ambode revealed that more of such are soon to be replicated across strategic locations in the state.
In furtherance of the Lagos State government’s resolve to open up more communities in the state through the construction of inner roads, the Aboru Link Bridge was also constructed and commissioned for public use. The 500 metres bridge, which was designed to last for over 100 years, serves as a major link road to Iyana-Ipaja from Abule-Egba, Abesan Housing Estate, Ayobo-Ipaja, LASU-Iba and Okokomaiko. Presently, work is also on-going on the Pen Cinema /Agunbiade Flyover which is aimed at reducing traffic grid lock within the corridor. The project entails the construction of reinforced concrete bridge over Pen- Cinema junction and Agunbiade/Old Abeokuta road junction respectively, with a spur linking Old Abeokuta road to the elevated deck and rehabilitation of adjoining roads. The adjoining roads will be improved upon to act as effective detour during construction of the flyover. The project is complemented by traffic signalisation of the intersections. When completed, Pen Cinema flyover will help reduce the traffic gridlock along the axis. It is instructive to note that holding this particular edition of the town hall meeting at Apapa is quite significant. Apapa is very strategic to the economy of Nigeria, being a major gateway to the country’s sea ports. The major share of government’s revenue comes from both the Apapa and Tin Can Island Ports. More than 75 per cent of the goods that are imported into the country come through the ports in Lagos and the major ports in the country are based in Apapa. Apapa is undoubtedly vital to the prosperity of Nigeria. Tayo Ogunbiyi, Lagos State Ministry of Information and Strategy, Alausa, Ikeja
T H I S D AY ˾ TUESDAY, APRIL 17, 2018
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POLITICS
Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 07054786260 SMS ONLY
EXECUTIVE BRIEFING
Still on the President’s Declaration The onus is now on President Muhammadu Buhari to ensure that all parties are given a level-playing field during the electoral process, writes Davidson Iriekpen
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fter much pressure from stakeholders in the All Progressives Congress (APC), President Muhammadu Buhari last week finally declared that he would seek another term in 2019. At the National Executive Council (NEC) meeting of the party in Abuja, the president said he was responding to the clamour by Nigerians to re-contest in 2019. Giving elaborate reasons why he was seeking to re-contest in 2019 to Archbishop of Canterbury, Justin Welby, in London where he travelled to immediately he made the announcement in Nigeria, the president said he “declared because Nigerians were talking too much about; whether I would run or not. So, I felt I should break the ice. We have many things to focus on, like security, agriculture, economy, anti-corruption, and many others. We needed to concentrate on them, and politics should not be a distraction. Majority of Nigerians appreciate what we are doing, and that is why I am re-contesting. We have cut the importation of rice by about 90 percent, saving billions of dollars in the process. People who rushed into petrol money have now gone back to agriculture; even professionals have gone back to the land. Nigeria should be able to feed itself comfortably soon. I am so pleased.” A few hours after he indicated his intention, his Special Adviser on Media and Publicity, Femi Adesina, advised prospective contenders to have a rethink because the president, he said, was the only candidate that could take Nigerians to the Promised Land. Adesina in his article titled: ‘2019: Let the others simply run away,’ reeled out Buhari’s achievements, noting that he would support him as long as he knew that the president would perform more than anyone else. “There are two options for those in contention for the presidency in 2019: run, or run away. Now that President Buhari has indicated his intention to run, dwarfs trying to wear a giant’s shoes should simply run away. The cat has returned from a journey, let the rats scamper for safety. Show clean pairs of heels? But this is a democracy! Everybody is free to run in the direction he or she fancies. True. So, what I’ve said is mere advice, which they can take, or choose not to take. Nigerians will decide early next year. The greater the challenge, the sweeter the victory. “I have always said it privately and in public. If President Buhari decides to run for a second term in 2019, I would support him. It doesn’t matter whether I am in government or not. For some of us, the man Buhari is a conviction, a resolution, a man to admire and adore since 1984, when he became military head of state. Is he perfect? Show me the man who is. Is he running a perfect government? Show me the government which is. Is he sincere? Very. Does he love the country? Dearly. Will he take Nigeria to the Promised Land? As the good Lord helps. And he is on the way there. “Does he need more time? Sure, he does. The rot was too much, benumbing. Nigeria is doing a lot more with a lot less today. There was a time we were awash with money. Oil sold for as high as $120 dollars per barrel, and we produced up to two million barrels per day. But we had no roads, no electricity, no health care, no security, nothing. The money was simply looted. They sat round the table, as if gathered for lunch, and hundreds of billions of dollars were shared. Now, after oil prices crashed to as low as $30 dollars per barrel in 2015, and currently oscillates between $50 and $60, Nigeria is doing great things. Electricity has been taken to over 7,000 megawatts, from the inherited 3,000,” he wrote. Even though the president has the constitutional right to seek re-election in 2019,
At campaign rallies across the country, the president convinced Nigerians that as a retired military General, he would lead from the front to crush Boko haram. He gleefully told a bemused country in December 2015 that Boko haram had been “technically defeated”, and repeated it in 2016, that it “has been beaten”. But today, Nigerians know that Boko Haram is stronger today, more potent and more deadly than it ever was despite the billions of naira spent on combating the terrorists. Above all, Fulani herdsmen and bandits are on a daily basis on rampage killing innocent Nigerians. So far, statistics have it that over 9,000 people have been killed in Benue, Adamawa, Plateau, Taraba, Kogi, Edo, Zamfara since 2015 when the president came to power without any clear cut resistance from the government and the military. More importantly, many Nigerians believe that the country is more divided under him than any other leader in the country’s history.
President Muhammadu Buhari
many Nigerians are wondering what a man of 75 years old who had once governed the country and is now ailing, is still looking for. Others have also challenged the integrity of the president who four years before his victory in 2015, in an interview he granted Theophilus Abbah of Sunday Trust newspaper and published on February 6, 2011, promised that he would contest for only one term due to his old age. Also, 20 days after swearing-in, precisely June 17, 2015, Buhari told Nigerians resident in South Africa, after taking part in the 25th Assembly of Heads of State and Government of the African Union in Johannesburg, that his performance will be limited by old age, adding that he would have loved being a president when he was at a younger age. “I wish I became Head of State when I was a governor, just a few years as a young man. Now at 72, there is a limit to what I can do,” he had said. Many analysts have argued that if president wins the presidential election in 2019, he would
If the statement credited to the Minister of Mines and Steel Development, Dr Kayode Fayemi at the weekend is anything to go by, there is a real cause for concern
be sworn in at the age of 75 and is expected to serve till he is 79, and that the possibility of a smooth sail of another four-year administration is, however, under serious doubt due to his health condition. Buhari has embarked on at least three medical vacations abroad. The first was between February 5, 2016 when he embarked on a six-day vacation to the United Kingdom. Four months after, on June 6, 2016, he embarked on another 10-day vacation to attend to what the presidency described as “persistent ear infection.” When he embarked on another medical vacation on May 7 2017, many thought it would be for days like others but the president did not return until after 104 days. Even after his return, he worked from home. Many believed that should Buhari win a reelection, Nigerians might again have to brace up for a president that would spend several months abroad for treatment. Secondly, with the president’s declaration, many observers are wondering what he would tell Nigerians as his achievements in office in the last three years. To them, not only have many Nigerians lost their jobs since the Buhari assumed office, due mainly to his economic policies. the economy is in an all time low. From an over $500 billion rebased economy which the president met, he took country into recession. Nigerians are hungrier today than they were three years ago. They have been rendered destitute and impecunious. On the war against corruption, Nigerians have seen that it is business as usual as nothing has changed as seen in the Mainagate, Osbornegate, the 10 per cent of the NNPCgate, NHISgate and the many other scandals that trailed the government since 2015. Recently, Transparency International rated the country as one of the most corrupt countries in Africa, beaten to the second position in West African by only one country.
Now that Buhari has declared his intention to seek re-election in 2019, many Nigerians want the president to make the same declaration that former President Goodluck Jonathan made in 2014 and 2015 that his ambition was not worth the life of Nigerians. They also wondered if the processes leading to the elections would be free from encumbrances, manipulations and interference from agencies of the federal government such as the police, military and INEC. Already, members of the opposition are alleging that one of the reasons the president extended the tenure of service chiefs recently was to help the incumbent government rig elections next year. There is no proof to support such claim though. If the statement credited to the Minister of Mines and Steel Development, Dr Kayode Fayemi at the weekend is anything to go by, there is a real cause of concern. Fayemi reportedly boasted that APC would deploy all the governmental advantages it has to wrest power in Ekiti from the Peoples Democratic Party (PDP) come July 2018. He spoke at a rally in Ado Ekiti, where he declared his ambition to seek the APC ticket for the July 14 governorship election. He said: “They said the June 21, 2014 governorship poll was free, fair and credible, so that of July 14, 2018 too will be free, fair and transparent. They will accuse us of so many things. They will accuse us of using federal might, but we will not care. We will use local, state and federal powers to take over Ekiti from a rapacious and government being run by a brigand in Ekiti.” It is against this background that a constitutional lawyer, Chief Mike Ozekhome (SAN) last week called on Nigerians to reject the president in 2019, urging Nigerians to use their Permanent Voter’s Cards (PVCs) to vote wisely, notwithstanding any acts of intimidation or coercion from both the APC and agencies of the federal government. “Let me remind Buhari that he had set packing a sitting president, Goodluck Jonathan, in 2015. In Sierra Leone, a sitting president Samura Kamarathe, the All Peoples Congress that has been sent packing by the opposition contestant, Julius Bio. So, the rumours that the APC/PMB’s government is banking on massive rigging of the 2019 election to win is merely illusory. It cannot work. Nigerians are more enlightened today than ever before. They will use their PVCs to vote wisely, notwithstanding any acts of intimidation or coercion. 2019 is just 10 months away. I will keep my fingers crossed to see how it all plays out. The months ahead will be very interesting. And quite testing.”
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Quick Takes ExxonMobil Bags Malaria Award ExxonMobil has received the Champion in Sustainability Malaria Programming award in recognition of its contributions to the fight against malaria in Africa. The award was presented at the West African Corporate Malaria Award Ceremony, which recognises private sector companies that take extraordinary steps to protect their employees and communities from the disease. The company’s Manager in charge of Media and Communications, Mr. Oge Udeagha said in a statement that the award is administered by the Corporate Alliance on Malaria in Africa (CAMA). The award was presented by National Malaria Program Manager for Ghana, Dr. Keziah Malm and accepted by Dr. Effiem J. Abbah, ExxonMobil’s General Manager of Medicine and Occupational Health in Nigeria. Abbah noted that in addition to protecting its work force, the company supports a range of organizations working to strengthen health systems, distribute bed nets, diagnostics and antimalarial treatments, and conduct research into new malaria innovations. “We are honored by the recognition of ExxonMobil’s efforts to combat malaria,� said Kevin Murphy, president of the ExxonMobil Foundation.
MERITORIOUS AWARD
L-R: Executive Vice Chairman/CEO Nigerian Communications Commission (NCC), Prof. Umar Garba Danbatta and the Sarkin Dawarin Tsakar Gida of Kano, Ahmed Ado Bayero, during technology development and leadership award received by the EVC/CEO of NCC in Kano..recently
Fashola Insists Nigerians Now Enjoy More Electricity FG’s 2018 supply statistics contradicts claims Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, recently disclosed that Nigerians now get more volumes of electricity supplied to their homes and offices, insisting that at the moment, most commercial and residential consumers of electricity have packed up their alternative power supply sources for grid electricity, which he claimed has improved tremendously. However, available supply statistics from the Advisory Power Team in the Office of
ENERGY the Vice President, Prof. Yemi Osinbajo, has contradicted the minister’s claims as power generation averaged only 3,847.8 megawatts in the first 104 days of 2018. But speaking during the April 2018 edition of the monthly power sector operators meeting in Umuahia, Abia State, the minister claimed Nigerians now spend less money to procure alternative power. “We are on a journey to a destination of promise and eventual prosperity and I use
this occasion to salute the efforts and contributions of all those who have brought us this far. Even if those who were most vocal in condemnation when the situation appeared very dire are now uttering some muted acknowledgment that it has improved, we must continue to draw inspiration from well-meaning and right thinking Nigerians who were gracious enough to publicly acknowledge that: they are saving some money from diesel they used to spend for generators; they are running their generators for fewer
hours; and they are getting comparably more power than before,� Fashola said. “It is because of those gracious and well-meaning and right thinking Nigerians that we must dig deeper, work harder and be more determined to improve service delivery,� he added. Available supply statistics from the Advisory Power Team in the Office of the Vice President, Prof. Yemi Osinbajo, has contradicted the minister’s claims as only measured growth Continued on page 22
Petrol Marketers Develop Incentives to Boost Sales as NNPC Floods Depots
NB Plc Recommends N33bn Dividend Nigerian Breweries Plc, has recommended a total dividend of N33 billion for the 2017 financial year. The recommendation, which amounts to a total dividend of N4.13 per ordinary share of 50 kobo each is a 100% payout, making it the third year in a row that the company is delivering such to its shareholders. The Company however ascribed the 100% payout recommendation as a reflection of its strong balance sheet and overall health of the company. Managing Director of the Company, Mr. Jordi Borrut Bel, explained at a media briefing in Lagos that the N33 billion dividend payout is a considerable increase over the N28billion paid last year. In the course of the year under review, the Company had earlier paid an interim dividend of N7.97 billion in November 2017, which amounted to N1.00 per share.
‌Rewards Trade Partners Nigerian Breweries Plc in an award ceremony at the weekend in Lagos, celebrated its distributors and trade partners who excelled in the cause of their business partnerships with the company. It also promised more exciting years ahead for consumers of its products all over the country. The company’s Sale Director, Mr. Uche Unigwe explained that the theme of this year’s award: “Winning More Togetherâ€?, was conceived to recognise and reward the excellent performance of the company’s distributors In his remarks, the Managing Director of Nigerian Breweries Plc, Mr. Jordi Borrut Bel, lauded the partners for long years of support and affirmed that the company looks forward to a more rewarding relationship with them in the years ahead Borrut Bel disclosed that the company is prepared for the challenges of the years ahead and sought the cooperation of the partners to win. In the exciting contest, the last year winner, Ken Maduakor Group Limited from Nnewi in Onitsha marketing zone beat two others to clinch the National Champions Award and the company’s best distributor for 2017.
Retail outlets sell at N140 per litres Ejiofor Alike As the Nigerian National Petroleum Corporation (NNPC) floods the depots with petrol, the oil marketing companies have developed series of incentives to lure customers and boost sales, THISDAY has learnt. Investigation revealed that while some independent marketers sell at pump prices of N140, N141 per litre, below the N145 official pump price, some major marketers offer special discounts
ENERGY to their dealers to encourage them to boost sales. THISDAY had reported that exactly six months after the NNPC assumed the sole importer of petrol in October 2017, the corporation had finally normalised the supply of the product, with depot owners now selling at official ex-depot price. The corporation’s inability to bridge the supply gap created by the refusal of the private
marketers to import petrol, had led to fuel crisis, which marred the Christmas celebration and lingered into the first quarter of 2018. But the NNPC’s success was achieved at a great cost to the country as the corporation’s under-recovery, which is the loss incurred by selling the imported product at official prices of N133 per litre at the depots and N145 at the pumps, had hit N1.4 trillion. THISDAY’s investigation at the weekend showed that
the corporation has flooded the whole country with petrol, forcing the marketers to devise various kinds of incentives to woo customers and prevent glut in the market. Some of the marketers told THISDAY at the weekend that the major oil marketing companies are providing special offers to their dealers to boost turnover and avoid glut in their depots. Continued on page 22
“We have brought back sanity in the fuel supply system; people should be calm and be sure that the right quantity is given to them at the filling station at N145 per litre�
Group Managing Director, NNPC, Dr. Maikanti Baru
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BUSINESSWORLD FASHOLA INSISTS NIGERIANS NOW ENJOY MORE ELECTRICITY
Cooking Gas Marketers Not Responsible for Explosions, Says NALPGAM Chineme Okafor in Abuja
was recorded in the first 104 days of 2018. The statistics showed that from January 1 to April 14, the country produced a total of 400,171 megawatts (MW) of electricity, which represented an average daily generation and supply of 3,847.8MW. Within the period as well, it was unable to generate 261,944MW of power due to a combination of gas, water, transmission and distributions constraints, bringing its average daily power loss to 2,518.7MW. As regards the financial revenue it could not get from its failings within the period, the government’s statistics indicated that for 104 days, a total of N125.774 billion was not gained by the sector, representing an average daily financial loss of N1.209 billion. The statistics also showed that the sector recorded a partial system collapse on April 12, but did not give further details on this. PETROL MARKETERS DEVELOP INCENTIVES TO BOOST SALES AS NNPC FLOODS DEPOTS
“While other depot owners sell at official ex-depot price, the major marketers sell at N145 per litre to their dealers in the depots. They don’t sell to other marketers except their branded filling stations. However, to ensure that their dealers sell at the same N145 at the filling stations, the major marketers offers them special discounts. The more the volume of sales, the higher the discounts,” said one of the marketers. A market survey conducted by THISDAY at the weekend showed that petrol was available in 18 depots in Lagos. It was also learnt that petrol was sourced from third-party in these depots at ex-depot prices of between N136 per litre and N134 per litre. The depots include: AA Rano, Ascon, Chi-Pet, DJones, Fatgbems, First Royal, Folawiyo, Integrated Oil, Techno Oil, MRS, T-Time Pet, Wosbab, NIPCO, Obat, Rahamaniya, African Tanker and Sahara.
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Nigerian Association of Liquefied Petroleum Gas Marketers (NALPGAM) has exonerated its members from the importation and sale of explosive gas that has reportedly killed people and destroyed properties in gas-related fire outbreaks across the country. The President of NALPGAM, Mr. Nosakhare OgievaOkunbor stated recently in Abuja, that members of the association were registered and trained on safe handling of their LPG stocks. He noted that they could not be involved in shady deals that could result in the gasfire outbreaks that had been recorded in the Magodo and Lekki areas of Lagos. The reported cases of gas explosions and fire outbreaks had been linked to low quality LPG in circulation in the country. But Ogieva-Okunbor said his association was not involved in shady deals. “Before you become a member of the association, you must be licensed by the Department of Petroleum Resources (DPR). So, to say my members did that is untrue because people wake up and set up gas plants. They are not members of NALPGAM,” he said. According to him, NALPGAM has continued to enlighten Nigerians on safe use of LPG especially as it is reportedly a viable alternative fuel source for use in Nigeria.
He also noted that the Nigeria Liquefied Natural Gas (NLNG) has stepped up its supply of LPG to the country’s domestic LPG market, adding that this has helped to address the scarcity of LPG experienced before now in the country. “Ninety per cent of what we consume in Nigeria today comes from the Nigeria Liquefied and Natural Gas (NLNG). As at last year we consumed about 700,000 metric tonnes
and that is just scratching at the surface. We have the capacity to produce and consume about five million metric tonnes annually,” said Ogieva-Okunbor. Speaking more on policies that had helped improve the LPG market, Ogieva-Okunbor said that with recent government involvement, there was steady gas supply in the country. “Our effort is assisting a deliberate policy by NNLG to
supply Nigerian market with more of their product. As we speak, the issue of scarcity is a thing of the past as a result of a deliberate government policy that was put in place and NLNG came in to remove the bottlenecks that we were having by increasing the jetties we have in Apapa. “Now, we have a jetty that every ship can come in and can be discharged into storage facilities in Lagos. You
will notice that most times in December there is scarcity but due to efforts put in by NLNG last year, there was no scarcity and scarcity is a thing of the past in the LPG industry,” he explained. According to him, Nigeria is one of the lowest LPG consuming countries of Africa, a situation he explained can be improved on with the implementation of the right policies
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L-R: Managing Director, Bureau Veritas, Ohioze Unuigbe, and Managing Director, CANDEL, Emmanuel Kattie, during the official handover of the ISO 9001: 2015 Certificate attained by CANDEL by Bureau Veritas…recenty
LITFC Targets to Increase TSA to N1 Billion Ugo Aliogo The Executive Director of Lagos International Trade Fair Complex (LITFC), Mrs. Lucy Ajayi, has stated the desire of the administration to increase its Treasury Single Account (TSA) to N1 billion before the end of the third quarter. Ajayi who disclosed this weekend in Lagos, at a media briefing, said when she assumed office four months ago, the TSA was a little less than N100 million, adding that presently it has been increased to N500 million. “In reaching this height, I have not sold any parcel of land. I have gone debt drive; I have gone on revalidation of some papers that incurred some penalties. There are two parcels here, parcel A and B. I have only focused on parcel A. I gave a proposed budget of N1 billion for this year,” she noted. She remarked that there is a positive change in the administration of President Muhammadu Buhari; noting that the past government which handled the running of the complex had no results to show, therefore she stated that there is need to encourage All Progressive Congress (APC) led government in its change drive. Ajayi explained that there is need to commend the efforts of the present government, insisting that it has achieved results within a three years period, adding that the past
government could not get the concessionaire to remit money within the nine years period of managing the facility. She further stated that as part of efforts to recover the N6.5 billion the concessionaire owned the federal government, her regime has presented the matter to the Economic and Financial Crimes, (EFCC) to ensure that they recover the debt. According to her, “The records show that for nine years, there was no remittance from this concessionaire to government. I took him to EFCC; he owns government N6.5 billion over the years. The role of EFCC is to recover the money. He has not paid any amount to LITFC. He took government to court. We have taken over and we are trying to make money for government. When I came in April, I made less than N50 million. I went on a debt drive with stakeholders who refused to pay because they were not getting what they were supposed to get from government. “As a result, they saw no need to pay. Then I promised them that there is a new change therefore they should comply with payment. Part of the problems they had was that the 5km road was bad and most of the trucks were falling off and there was no government presence in this place. The management staff was driven away by the concessionaire in 2007. “The concessionaire saw himself as an emperor, making
money and not developing the complex. This was enough to cancel his agreement with the federal government. I used the executive order (the easy
of doing business) so I came with that reconciliatory move and I asked them what were their challenges. Everything here was done by the stakeholders.
The Divisional Police Officer (DPO) in this axis said if I want to stop the illegal traders from trading in the grey area, I have to make barricade.”
IbadanDiscoDeniesNon-RemittancetoNBET,Trains 170 Commercial Line Workers Ejiofor Alike The Ibadan Electricity Distribution Company has denied that it was one of the electricity distribution companies that did not remit payment in respect of the bulk energy invoice presented by the Nigeria Bulk Electricity Trading Plc (NBET) for the month of January 2018. The is coming as the electricity distribution firm, in partnership with Power Africa, a United States government-led initiative coordinated by the United States Agency for International Development (USAID), has completed a three- day intensive training of over 170 commercial line workers. The trained workers also include: team leads and managers, who were trained on the maintenance of the company’s network and facilities, detection of Illegal connections to the company’s network, discovering meter by-pass and tampering, as well as energy theft. The company explained in a statement at the weekend that an energy invoice for the previous month usually comes towards the end of the
following month. According to the statement, the January 2018 bill was received towards the end of February 2018. The company added that it has remained consistent in its remittance to NBET, stressing that it paid the said January 2018 invoice precisely on February 8, 2018. In another development, IBEDC has also stated that as a responsible organisation that is committed to fulfilling its obligations to all stakeholders, it has completed a three-day intensive training of over 170 Commercial line workers, team leads and managers, in partnership with Power Africa, a United States governmentled initiative coordinated by the United States Agency for International Development (USAID). The workers were trained on maintenance of the company’s network and facilities, detection of Illegal connections to the company’s network, discovering meter by-pass and tampering, and energy theft. The exercise, which was held at Green Legacy Resort of Olusegun Obasanjo Presidential
Library, Abeokuta includes training from facilitators from Power Africa, TetraTech and IBEDC. The Managing Director of IBEDC Mr. John Donnachie in his brief remark at the ceremony noted that the company over the years had been recording huge revenue losses due to illegal connections, non-settlement of bills by customers. According to him, the company’s Customer Relationship officers had to resort to begging customers to make payment for services rendered. He noted that quality service could only be provided if the company’s customers are fulfilling their obligations, stressing that it is only through prompt and full of settlement of monthly electricity bills that IBEDC can break even and provide quality service. He added that only 46 per cent of the customers respond to monthly bills through persuasion, while many are involved in illegal connections, by-passing and tampering of meters, emphasizing that we have huge legal issues on these issues, but we are committed to a fact that customers get value for our services.
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ENERGY
Ascertaining Nigeria’s Petrol Consumption With the increasingly unsustainable losses being incurred by the NNPC to subsidise the price of petrol in the country, Ejiofor Alike suggests that the federal government should set up a committee to determine how the country’s daily petrol consumption suddenly jumped from 35 million litres to 60 million litres A recent revelation by the Nigerian National Petroleum Corporation (NNPC) that it spends outrageous amount of money to subsidise the price of 60 million litres of petrol consumed daily in the country has raised a red flag that the country is heading for another unsustainable subsidy regime. Although the NNPC has adopted a technical name of “under-recovery,” to replace “subsidy,” it is undisputable that under-recovery is the loss incurred by the corporation to ensure that petrol sells for N145 per litre, as against the expected open market price of over N171 per litre. Under the defunct Petroleum Support Fund (PSF) scheme, which regulated the old subsidy regime, under-recovery sets in when the expected open market price of imported product is less than the official pump price. The NNPC and private marketers are paid subsidy to offset under-recovery. In rare cases, “over-recovery” arises when the official pump price is more than the expected open market price as a result of cheap foreign exchange and low cost of product in the international market. The NNPC and the private marketers are supposed to refund money to the federal government as the excess payment they received by selling at official price that is higher than the importation cost. By selling product today below the market price, the corporation is actually subsidising the cost for Nigerians, thus it is appropriate to refer to the loss in supplying the product at below market price as subsidy. The Group Managing Director of NNPC, Dr. Maikanti Baru had reportedly told the Comptroller-General of the Nigerian Customs Service, Col. Hameed Ali (Rtd), that the huge loss was due to the proliferation of filling stations in communities with international land and coastal borders across the country. Baru had also revealed that detailed study conducted by NNPC indicated strong correlation between the presence of the frontier stations and the activities of fuel smuggling syndicates. According to him, activities of the smugglers led to the recent abnormal surge in the evacuation of petrol from less than 35 million litres per day to more than 60 milion litres per day.
NNPC Towers, Abuja
stations as a veritable conduit for the smuggling of products across the border. He said the development had resulted in a thriving market for Nigerian petrol in Niger Republic, Benin Republic, Cameroon, Chad and Togo, as well as Ghana, which has no direct borders with Nigeria. “The NNPC is concerned that continued cross-border smuggling of petrol will deny Nigerians the benefit of the Federal Government’s benevolence of keeping a fix retail price of N145 per litre despite the increase in PMS NNPC’s estimation In a detailed presentation on the proliferation open market price above N171 per litre,” he of filling stations, Baru had revealed that 16 had added. states, which have 61 local government areas with border communities, accounted for 2,201 Actual consumption estimates Baru had also admitted that the sudden jump registered fuel stations. According to him, the tanks of the facilities of the country’s consumption from less than 35 had a combined capacity of 144,998,700 litres million litres per day to over 60 million litres of petrol. Baru had also added that eight states daily was in sharp contrast with established with coastal border communities spread across national consumption pattern. 24 Local Government Areas (LGAs) accounted Indeed, a committee on national consumption, for 866 registered fuel outlets with combined which last sat during the administration of former President Olusegun Obasanjo in 2006, petrol tank capacity of 73,443,086 litres. A further breakdown of his presentation had submitted that Nigeria’s daily consumption showed that among the states with land border, of petrol was 32 million litres daily. three LGAs in Ogun State accounted for 633 Downstream operators, who spoke on the fuel stations with combined petrol tankage of current NNPC’s estimates, told THISDAY at the 40,485,000 litres, while nine LGAs in Borno weekend that the daily consumption estimates State had 337 fuel outlets with combined petrol of 60 million litres is outragous. The operators also faulted NNPC’s attempt to use number of storage capacity of 21,114,480 litres. The NNPC boss had also stated that Lagos filling stations and capacities of their storage with one LGA as border community has 235 tanks to determine the country’s daily petrol registered fuel stations with total storage facil- consumption. “In these challenging times, most of ity of 19,916,600 litres. On the coastal front, the tanks in filling stations and even the depots Lagos with six LGAs led with 487 registered are always dry. For instance, no depot in Lagos fuel stations with combined in-built storage is utilising up to 60 per cent of the capacity of their storage tanks because of the numerous capacity of 50,239,560 litres. “Akwa Ibom, with five LGAs, has 134 registered challenges in the sector. In the same vein, most retail outlets with capacity to store 8,322,986 of the tanks in filling stations are not always litres; while Ondo State, with two LGAs, has filled to their capacities. Again, most times, it 110 fuel stations with capacity to store 3,871,320 is not all filling stations that have product in a given day. So, if Lagos has 100 filling stations litres,” Baru had reportedly said. Apparently justifying the outrageous figures with storage tanks of five million litres, it does of daily consumption in the country, the NNPC not mean that Lagos consumes five million litres boss had also argued that because of the obvious of petrol daily,” said an independent marketer, differential in petrol price between Nigeria and who opted not to be quoted. other neighbouring countries, it had become “This estimate is more disturbing given the lucrative for the smugglers to use the frontier fact that NNPC is the sole importer of petrol
and can choose to inflate the figures of the daily consumption to justify the huge losses incurred in selling the product for N145,” the independent marketer said. “The truth is that the country is back to the old subsidy regime. The difference is that it is only the NNPC that now absorbs the losses unlike before when NNPC and private marketers incurred losses, which were refunded by government in subsidy payment. NNPC is now using government money to trade and incur huge losses for the government,” he added. Another marketer echoed his sentiment, saying that with the NNPC as the sole importer, the current regime is open to more abuse than the old subsidy regime. “Before this current regime, the PPPRA and DPR issued importation quota and license to the NNPC and the private marketers and none of the participants in the petroleum support fund scheme would exceed the import quota without seeking for fresh approval from the regulatory agencies. But now, it is the only NNPC that imports and also decides the volume it will import. This current regime is open to more abuse because any unscrupulous officials within the NNPC can take advantage of this to make outragous claim,” he explained. Obviously worried by the conflicting figures being bandied around as the country’s daily demand for petrol, the National Bureau of Statistics (NBS) and the Petroleum Equalisation Fund (PEF) had in July 2017 disclosed that they had commenced investigations to ascertain the actual volume of petrol being consumed in the country daily. The two agencies had argued that the 35 million litres or 40 million litres daily petrol consumption figures often bandied about as at then by some government establishments were mere estimates. According to these agencies, the numbers had not helped in adequate planning and making sustainable policies. Officials of both agencies were drafted into a committee to undertake the task at the PEF headquarters in Abuja, where the StatisticianGeneral of the Federation/Chief Executive of NBS, Dr. Yemi Kale had stressed that some cases of fuel scarcity in the past were due to
lack of data on the exact number of petrol consumers across the country. “This is all about getting data to make decisions. I have said many times that for us to take decisions, whether policy or any other kind of decision, you have to understand what the problem is; you have to know what the data says. The information on what the problem is and how to tackle it lies with data,” Kale reportedly said. “So, this is our attempt to get accurate data about the actual consumption of petrol by Nigerian consumers. It is only when we know what the consumption of petrol is that we know exactly how much petrol we need in the country. This is because we have had problems in the past when people made assumptions on what this is,” Kale said. “But this time around, we want to get the actual numbers to help us plan. When we have the actual numbers of petrol consumption today, we can plan what the numbers will be by next year, in five years’ time and so on. When this is done, the issues we had in the past of petrol scarcity and petrol numbers that we are not sure of can become factual. Until we get the actual numbers, it will be difficult to take policy decisions and get actual facts,” Kale added Also speaking on the country’s daily petrol consumption at the event, the Executive Secretary of PEF, Mr. Ahmed Bobboi, said, “Different agencies have their own figures”. “But we feel it is embarrassing to us in the same ministry and country for different agencies to be brandishing different figures. And that is the reason why we decided to work collaboratively to be able to get a figure that will be accepted by everybody,” Bobboi added. As PEF and NBS are working on the correct estimates, the federal government should constitute a committee on national consumption, comprising NNPC, PPPRA, PEF, DPR, NBS, marketers, organised labour, Nigerian Navy and the Nigerian Customs Service, to determine the appropriate volume consumed daily in the country, given the latest outrageous figures being bandied about by the NNPC as the losses incurred to maintain the price of 60 million litres daily at N145 per litre.
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BUSINESSWORLD
ENERGY
As NBET’s Management Crisis Gets Messier A management crisis that started at the Nigerian Bulk Electricity Trading Plc in early 2017, has assumed a worrisome dimension reports Chineme Okafor
Minister of Power, Works and Housing, Mr. Babatunde Fashola Recent investigations by THISDAY on the internal activities of the Nigerian Bulk Electricity Trading Plc (NBET), better known as Bulk Trader, have uncovered a couple of developments that have continued to rock its operational harmony. The series of ugly events, which perhaps, started in 2016, have seen top officials at the NBET continue to go at each other over sustained battle for supremacy. The crisis, which is reportedly between the Managing Director of NBET, Dr. Marilyn Amobi; and two other top officials of the agency – Mr. Waziri Bintube, who headed the finance department of NBET until a recent restructuring; and Mr. Abdullahi Sambo, also head of NBET’s audit department before he was moved to another department, could render the NBET rudderless and Nigeria’s electricity market worst for it. Genesis of crisis According to documents obtained by THISDAY and also sources privy to the internal politics of the agency, the management crisis perhaps started with the appointment of Amobi in 2016 by President Muhammadu Buhari. Amobi was appointed after the tenure of NBET’s former head, Mr. Rumundaka Wonodi, was abruptly cut short. But before Amobi was appointed, Bintube, had served in an interim capacity for few months. Bintube’s appointment was, however, not confirmed by the federal government, and this allegedly did not go down well with him, hence, his alleged opposition to Amobi’s appointment. Furthermore, THISDAY gathered that three letters of complaints were written by Amobi in 2016 over alleged physical assault on her on November 9, 2016 by one of the general managers, in the presence of the staff of the agency. It was said that the letters are strong indications that the operational situation in NBET is uneasy. According to sources, the three protest letters to the power ministry have not received any form of response. When THISDAY called the Permanent Secretary in the ministry, Mr. Louis Edozien for clarification of this, he declined to comment. Crisis gets messier The crisis, in June 2017 reached a new height when a restructuring exercise was done at
the NBET, and Bintube was moved from his position as chief financial officer, alongside Sambo, who was the auditor. This, according to documents seen by THISDAY, did not go down well with the two officers who reportedly petitioned two religious groups alleging a conspiracy against them by Amobi on the basis of their religious faith. This was after they were suspended by Amobi for allegedly staying off work for up to six months and then their salaries and emoluments stopped. Officials of the NBET who are privy to the development, however, told the paper that the issues relating to Bintube and Sambo
According to documents obtained by THISDAY and also sources privy to the internal politics of the agency, the management crisis perhaps started with the appointment of Amobi in 2016 by President Muhammadu Buhari. Amobi was appointed after the tenure of NBET’s former head, Mr. Rumundaka Wonodi, was abruptly cut short. But before Amobi was appointed, Bintube, had served in an interim capacity for few months
Amobi bothered on basic organisational indiscipline and disrespect for rules governing the actions of government officials. They explained that both officials left their duty posts when the office of the Accountant General of the Federation seconded two of its officials to the NBET to help it attain a self-accounting status. That exercise, they noted required some management reshuffling and Bintube and Sambo were thus moved to head new departments. This, they alleged did not go down well with them and they subsequently left their duty posts for up to six months in disregard of both the government and NBET’s rules of engagement. Accordingly, both officials rejected their appointments and reportedly petitioned a non-existent board of the NBET, claiming that Amobi had no right to redeploy them to new departments. It was further learnt that between June and December 2017 when this happened, Sambo reportedly claimed a six-month salary worth N11.276 million and N1.355 million car maintenance expenses without reporting to work. Amobi, in December stopped his salaries until when the non-existent board determined his petition. Similarly, Bintube was reported to have been paid a six-month salary worth N16.488 million, as well as car maintenance allowance of N626, 123, even though he didn’t report to work as well. Ethno-religious slant THISDAY also gathered that a religious slant has now been introduced into the internal battle for supremacy at the NBET. Investigation revealed that based on Bintube and Sambo’s protests against the NBET, two Muslim groups – the Muslim Media Watch Group and Abuja Muslim Forum have petitioned the NBET, accusing Amobi of injustice and religious victimisation of Bintube and Sambo at the NBET. The groups accused the NBET under Amobi, of religious intolerance and unconstitutionally depriving both officials of their salaries and emoluments, which they said had been in arrears. In their petitions, they claimed Amobi had continued to exhibit acts of executive lawlessness, despite interventions from the power ministry in the management struggles between her and the duo.
The petitions were signed by Nasir Balogun who is the national secretary of the Muslim Media Watch Group, while L. J Ahmad, president of the Abuja Muslim Forum signed for the group. According to the petitioners, Amobi had unjustly moved both officials from their positions and subsequently suspended them from the NBET for their failures to report to the new posts. They said her acts were motivated by the religion and ethnicity of the two officials. Going further, the Abuja Muslim Forum, which specifically stated that it represented the Nigerian Supreme Council for Islamic Affairs (NSCIA) and Jama’atu Nasril Islam (JNI) amongst other Islamic organisations, explained that Amobi’s alleged actions were affronts to them and Islam. They demanded that she should restore Bintube and Sambo to their former positions unconditionally. To prevent a potential religious fracas or crisis at the NBET, Amobi, it was learnt, is believed to have called the attention of the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar and Emir of Kano, Muhammadu Sanusi II, in their capacities as president and vice president of the NSCIA. Again, to clarify the position of the ministry on the development, THISDAY called Edozien, for comments, and been that NBET is one of the agencies under his ministry, but he also declined to comment. Edozien referred THISDAY to the media unit of the ministry, saying that the unit and its personnel should be able to handle the request. Considering the likely impact the leadership crisis at the NBET could have on the country’s power market, industry operators who spoke to THSDAY on the situation, though anonymously, called for a cautious and immediate resolution of the crisis. They explained that being perhaps the only government entity with some semblance of business transparency in the country’s power sector, such crisis of confidence could derail its focus on its mandate in the sector, as well as disrupt stakeholders’ business interactions with its. They also called on the Nigerian Electricity Regulatory Commission (NERC) to step in to restore operational harmony at the NBET, adding that as its licensee, the internal rumblings at the NBET should not have been allowed to linger for so long.
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Of Ajaokuta Steel and Dashed Hopes Originally designed as a strategic industry, a job creator and a foreign exchange saver cum earner, the Ajaokuta Steel and Iron Company is now in ruins, Jonathan Eze reports Thirty Nine years after it was birthed, Ajaokuta Steel and Iron Company, still bleeds. No thanks to the absence of strong political will; failed industrial policies and conflicting interests. From one administration to the other, it has been a carry-over of failure and a politicisation of a national monument capable of providing jobs and sufficient enough to diversify the economy from its shameful oil dependency. The latest intrigue is between the House of Representatives and the federal ministry of mines and steel. The Ajaokuta integrated steel complex was conceived and steadily developed with the vision of erecting a metallurgical process plant cum engineering complex with other auxiliaries and facilities. The complex was meant to be used to generate important upstream and downstream industrial and economic activities that are critical to the diversification of the economy into an industrial one. The project was embarked upon as a strategic industry, a job creator and a foreign exchange saver and earner. It was envisaged that the project would generate a myriad of socio-economic benefits and increase the productive capacity of the country through its linkages to other industrial sectors. It was supposed to provide materials for infrastructural development, technology acquisition, human capacity building, income distribution, regional development and employment generation. While the project could have directly employed over 10,000 staff at the first phase of inauguration, the upstream and downstream industries that could have evolved also was capable of engaging no less than 500,000 employees. The plant by 1994 was reckoned to be at 98% completion in terms of equipment erected. Some completed units of the Plant operated at different times but had to shut down due to non-availability of fund. After many years of neglect and inactivity, the federal government again now seeks to concession what was concessioned during the administration of former President Olusegun Obasanjo but revoked by the late President Umar Musa Yar’adua. The Minister of Mines and Steel Development, Kayode Fayemi, however, said the federal government will only concession the Ajaokuta steel company when an independent and verifiable technical audit is completed to ascertain the level which the project is currently on. Fayemi said that Nigeria has spent $8 billion from the commencement of the project in 1979 which is why the federal government will not make any mistake of its predecessors in the process of concession. He said about 14 steel companies from Russia, Ukraine, Belarus and other steel companies that have indicated interest in bidding for the revival of the steel plant, but have been asked to wait until the Independent audit is completed which was part of agreement the ministry ha entered. “On August 4th 2016, we signed a modified Consensus Agreement with Global Infrastructure Holding Company in the aspect of ownership and auditing of the project which will be ready in the next six weeks so as to make the path clear from the controversies surrounding the steel that arose from the Obasanjo’s administration which did the concession and the Yar’adua administration that revoked the concession of the Ajaokuta steel,� he said But the members of the House of Representatives led by Speaker Yakubu Dogara, disagreed with the minister after an on-the-spot visit to the plant and subsequently pass a vote of no confidence on Fayemi. In his reaction, Fayemi said the vote of no confidence passed on him and the minister of state, for mines and steel development, Abubakar Bawa Bwari by the House and the subsequent attacks by some members of the house after visiting Ajaokuta steel and for not attending a sectorial debate in the house during plenary was unfair as there was a substantial reason for not attending. “The attack on myself and my colleague regarding the Ajaokuta steel by the House of Representatives members is frankly unwarranted and uncalled for as the same national assembly
Ajaokuta-Steel that approved N2 billion for us in 2017 budget to implement the concessionary process are now attacking and passing a vote of no confidence on us. What is our offense please?, “ he added. He further added that the invitation was the fourth they were honouring as they had previously attended the committee hearing on Ethics, Privileges and Public Complaints as well as that of privatisation by the upper and lower chambers, adding that a clear explanation was written concerning their absence as he was the lead minister for the ERGP focus labs while his state counterpart was in Canada attending a steel conference. On the heels of the face-off, 301 members jointly sponsored each of two bills aimed at stopping the concession of Ajaokuta Steel Company of Nigeria. The first bill with the long title: ‘A bill for an act to provide for the Ajaokuta steel company completion fund for the speedy completion of the project and other related matters’, was presented on behalf of the 301 members by Nkem Abonta (Abia-PDP). It seeks to provide funds for the speedy completion of the moribund Ajaokuta steel company. The second bill titled; ‘A bill for an Act to amend the Public Enterprise (Privatisation and Commercialisation) Act to review the list of enterprises to be privatised’ was also presented on behalf of the 301 members by Mr. Abonta This seeks to delete the Ajaokuta steel company from the list of enterprises to be commercialised. The two bills have scaled through second reading. Speaker Dogara after visiting Ajaokuta said one of the reasons the steel company had not been completed was due to a leadership problem. He reportedly said that �where there is competent leadership, ways to source funding for such a multi potential company will not be a problem.� Mr. Dogara disclosed that there were many ways through which the $500 million said to be needed to complete the plant can be sourced, including the Sovereign Wealth Fund, Excess Crude Account and recovered financial crimes loot. He said even if it means borrowing the required money, the 8th House of Representatives would make sure it becomes a reality. The house recently organised a sectoral debate
on the steel industry where the ministers of mines and steel development failed to show up. Fayemi, through his spokesman, said he and the junior minister duly notified the house of their inability to attend prior to the debate. He has also said that the ongoing plan to concession the plant was approved in the 2017 budget. Unimpressed with the defence, the lawmakers described it as a ‘deliberate boycott’, and subsequently passed a vote of no confidence on Mr. Fayemi and his state counterpart, Bawa Bwari. However, the Nigerian Metallurgical Society (NMS) has cautioned against a second concession or privatisation of Ajaokuta Steel Rolling Company without adequate arrangement for infrastructure, noting that it could lead to its total collapse. President of NMS, Prof. Benjamin Adewuyi, made this observation at the 33rd Annual Conference of the society in Warri, Delta State. Adewuyi said the issues of infrastructure that brought the steel plant to a standstill without completion were being brushed aside. According to him, the re-concession of Ajaokuta Steel without infrastructure can amount to burying the steel plant. The president said that the company that had attained 98 per cent completion would require 400 million dollars to complete the remaining two per cent. He also said that two billion dollars would be needed for infrastructure rehabilitation and operational cost for the plant. “More than four decades after conceptualisation of establishing metallurgical plants in Nigeria, the debate on the viability of steel plant in the development of the country still rages on. He said that development of Metal and Mineral Sector could be generally seen as a major index of national prosperity because of its enormous capacity to support and stimulate growth in virtually all sectors of the economy. “The irony is that we want to develop, manufacture vehicles; we want efficient electricity and transportation system, yet any time revitalisation is mentioned in the metallurgical sector, there is always unusual apathy and nonchalant attitude. “The role of steel in national development cannot be over emphasised; it is not only the pillar or bedrock of industrialisation, it is also
a yardstick for measuring the strength of a country. “The world’s steel development within the last decade has soared to an annual growth rate of seven per cent per year, and more significantly to a growth rate of about 27 per cent annually in China,’’ he said. Adewuyi said Africa, and indeed Nigeria, remained the dumping ground for steel products and in most cases low quality steel. “Since we cannot produce our own steel, we have to make use of whatever we are given. There can never be any economic development without industrial development that is linked to steel production. He said avoiding mistakes of the past was the main concern of the society for the country, adding that the society’s intention was to use the conference to once again advise the government constructively on the way forward. “It is high time for revival of the metal sector to bring about the much desired mass engagement of our youths in metal casting, forging, welding and fabrication. We must not fold our arms or keep quiet while things continue to degenerate. It is on that note that we are proposing an all- inclusive Mines and Metallurgy Council that will take care of central planning for all activities in ferrous and nonferrous metallurgy.� According to him, many Nigerians are suffering today because of activities of few people who prefer self- interest above national interest. He said as vital as the sector was, it had been toyed with for too long, noting that there was little to show government eagerness to reactivate the steel plant at Ajaokuta. The Ajaokuta company was concessioned to Global Holding Infrastructure Limited (GHIL) between 2004 and 2005 by former President Obasanjo. However, the Indian firm did not live up to expectations as it could not manage the company. Following the failure of GHIL to manage the company, the federal government, during the regime of the late President Umaru Yar’Adua, was compelled to revoke the contract. It is however hoped that the face-off between the ministry and the lawmakers would be over soon so that a national decision that would benefit the people and the economy takes place.
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TUESDAY, APRIL 17, 2018 ˾ T H I S D AY
FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
Reprieve for IDPs in Edo Rebecca Ejifoma, who visited the Uhogua IDP camp in Benin for two days, chronicles the plight of the refugees and how they are adjusting to their new abode
I
t was indeed a bright Thursday morning at the International Christian Centre, Uhogua in Edo State. I had arrived the centre, which is host to a camp for about 3,000 Internally Displaced Persons (IDPs) mostly from the Northern part of Nigeria in a bubbly mood ready to do my beat as a reporter. The centre could truly be described as beautiful sprawled across a rich, vast and unruffled land. This camp, which was established in 1992 as an abode for orphans, has become a comfortable home for the thousands of IDPs who have traversed the mountains and bushes from insurgent ravaged sections of Northeastern Nigeria. Although they feed on mostly rice meals that are served with little or no animal protein and pitiful sauce for most parts of each day as breakfast, lunch and dinner, these internally displaced persons who are mostly from conflict areas in Borno State in North-east say they have found paradise in Edo State. At least, they now live many miles away from the incessant gunshots, arsons, abductions, wailings and funeral songs. Indeed, from where they have come, they feed on the unimaginable and drank from the dirtiest waters just to stay alive. From the experiences of some of the IDPs at the camp, they have endured dangerous ailments and conditions like malnutrition, hepatitis, skin infection, urinary tract infection and acute ulcer among several others. They were happy to list some of the foods they were being fed at the camp as decent, including beans, rice, pineapple, oranges, potato and vegetables among others, although a closer look at what they call good food shows that, they are fed what could pass for chaff. Unfortunately, not many lived to share their own stories. Even those who reluctantly shared theirs were either taken for granted or perceived as cooked up. But for the very few who survived and made their way to the IDP camp, they could only heave sighs of relief. Today, 13 years old Esther Andrews is one bold young girl, who conquered the stings of death against all odds. The camp pastor told THISDAY that she came to the camp at age six. Initially, the trauma was so acute on her that she would scream at intervals like one with a mental disorder. Although she went to the camp alone after a long period of suffering in the North-east where her family members were brutally killed, she said, Esther seems to have recuperated just fine. “When Esther first came, she was about six years old. She would scream every night. She would never fall asleep. If she sat in the daytime, she would stare into space and be mute forever. The only times she spoke, it was a thunderous scream – ‘Daddy’ in her dialect,” one of the Supervisors of the camp for missions caring for the IDPs from Adamawa and Borno states, Mrs. Evelyn Omigie (a pastor), told THISDAY. In Esther’s words: “I came alone. That Saturday they came. They said they were insurgents. My family and I ran. They caught us. They killed my grandfather - cut his hand and his leg. But when they tried to gun us down, there was no more bullets. They then tried to use a machete, it broke. We escaped again. But they caught my mummy. Since then I've never seen her till now.” Truly when compared to what she was eating in the mountains after her escape from the den of her family killers, Esther gave a very long smile accompanied with a transparent laughter that she eats well. “I was eating everything before. I have eaten many things before. I eat good food. I drink water. I eat fruits. And I like here very well. I don’t want to go back.”
Nursing mothers and pregnant women bringing their babies for medical check up at the Uhogua IDP camp
Coming from a little girl, who learnt to sleep at nights with eyes opened wide or run away seeking for a place to hide, it is, indeed, a haven. “I sleep all the time now. I don’t hear gunshots again. I don’t see fire everywhere. Fire is not burning. I am very happy now. I don’t run anymore. There is no gunshot in the street. Everywhere is quiet,” Esther added. Interestingly, Esther dashed a very beautiful grin every time she responded to a question. Her eyes glowed with joy and her English exuded strength. Swiftly after this, Omigie expressed joy seeing how Esther smiled and spoke. “You can hear her speak today. She is doing very fine now. When she was new here, you couldn’t go near her, she would scream. Because we realised she needed medical attention urgently, we followed her up with prayers and medications. And just one day, Esther began to sleep at night like every other child.” Lami Beatrice is another young girl. She is 18 years old. She is from Chibok in Borno State. She says she is still waiting for the arrival of her elder sister, Saratu, who was abducted among the famous Chibok girls. “She was in SS 3 ready to write her exam. One day, she came back home and took her things that she wanted to go stay in school.”
We call on Nigerians to come and help these kids. We have a lot of challenges. To care for over 2,500 is not easy. They are feeding. We cook 11 bags of rice per meal
Recalling the ordeal that led to her family becoming casualties, Lami narrated: “It was 12 a.m., my father was outside sleeping while my mother and I were sleeping inside the house. When the gunshots began, my father escaped as planned. My mum and I hid behind our house because the insurgents surrounded the place already. The gunshots were coming closer and they put fire on all the houses.” She recalled that she told her mum that the fire would get to them if they stayed home. “We then ran to the bush where we stayed. But at 3 a.m., we heard wailings from our village at Chibok. We didn't know what happened to my sister. “When we woke up that morning, we were told that Boko Haram had carried all the students to Sambisa Forest. My mummy ran to the school. But we did not see anybody, everything in the school was in debris. It had all been consumed by fire.” Sadly, young Lami says till date, she hasn’t heard of or from her kidnapped sister – dead or alive. “She is 30 years old now. But she hasn’t been released. My parents are still in Chibok. I came here with my other sister.” Today, however, she is in SS2 having a good time with her books. “I want to become a doctor in the future. I shall write UTME and study Medicine at UNIBEN. When I’m done studying, I want to help those suffering from sicknesses. “In the mountains and caves after that famous Chibok incident, my dad took me to my grandma’s place where I lived before I continuously eloped into the bushes to cook. From there, the bush became our home.” Little wonder how most of the children came with unknown diseases that are rare in Nigeria. They, faintly, disclosed the garbage they fed on while traversing the mountains, caves and bushes. “Sometimes, we ate groundnut in the bush then drank water coming from the mountains. In one village, we stayed in the bush for one month and we stayed for three weeks in another. We used rags as sanitary towels during menstrual flow in the bush.” Separately, these girls came to life. They saw death. They conquered and are standing tall still. Part of the many nights they experienced
was during the about five days each of them had her menstrual flow. Lami told THISDAY: “Sometimes, I used rags. But while in that bush, my grandma carried some pants for me and a rag. Every time I flowed, I tore a piece from the rag and used. But when there was no more rag, I tore the cloth I tied in the bush and folded it well.” Now, fortune did not smile on 16 years old Charity Musa while in the bush. She didn’t find groundnut growing around. “We ate those tiny fruits growing in the mountains. But when the fruits were finished, we ate every leaf there. The other girls and I ate every leaf we saw in the bush. We drank every water that flowed in the mountains and caves.” Undoubtedly, those leaves were flourishing happily in the mountains before the arrival of the girls. And of course, when the leaves were no more, she and the other girls starved for the one year they resided there. “We stayed in the caves for one year. So many girls died because there was no food, no water – so many. The hunger was too much. We had nothing to eat. I don’t know how my sister and I survived. It was a miracle,” she recounted their ordeal. Comparing the mountains and Uhogua paradise, Charity’s eyes glowed with confidence. “I am very happy. When I first came here, I did not have clothes. I wasn’t eating good food. Now I eat very well.” She continued: “At our place, you cannot stay for two minutes and thank God. They will not allow you. But now I come here, I have a chance to praise God. I'm going to school now. In Borno, I wasn't going to school. I was home always.” Having been at the camp since 2014, Charity is in JSS1 now. “Now that I'm going to school, I'll like to study medicine at UNIBEN and become a doctor. I want to treat people who are wounded but do not have money.” Notwithstanding, Charity gave her reasons for hiding from her prey. “They would capture us if we stayed in the mountains. They kidnap girls and women. They don't capture men. They kill men.” Coping with a menstrual cycle like Lami
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˾ T H I S D AY TUESDAY˜ ͯ͵˜ ͰͮͯͶ
FEATURES and her friends, she folded rags. “I used pieces I found on the ground. I wasn’t the only one. Some of us used leaves. Some girls tore their dresses and used during their monthly period,” she described. Emmanuel Andrew is aged 18. He is in Science department in Senior Class 2. He hails from Borno State but now resides in the camp after a narrow escape from the claws of death perpetrated by the insurgents. Since the virulent insurgency began in 2011, it waxed stronger into 2014 and till date. “Some boys and I hid for days all thanks to a woman. Then we escaped into the bush where we jumped into a river to flow with us to wherever. We flowed to a path where we entered another bush and continued running. That was how we entered Adamawa State where a pastor helped us.” At last, Emmanuel is done running. “I arrived the camp with two of my younger brothers. But I don’t know the whereabouts of other members of my family.” Surprisingly, a little delicate yet outspoken child approached this reporter. When asked his name, he replied, “Atangha Leviticus.” Leviticus? Like in the Bible? Weird, I thought. In the camp, everyone says Atangha is smart and very brilliant. He speaks and understands English even better than teenagers there. Atangha seems to have a very stunted growth. He is six years old but he is very Children waiting to get medical check up little – like four years old – and too short for his age but very extroverted. And everyone loves him. Sadly, about 2,400 children are displaced and without family members. Although they are happy, they seemed depressed. Time has taught them to smoothen their plight with smiles. They feign joy for sorrows. Even many, their camp supervisor said, didn’t remember their names; thus, were rededicated with new names. As a result of the conflicts and escape, their academics were adjourned. They resumed studying after they arrived at the camp; hence, you find boys and girls of ages 18 in either SS 1 or 2. One common answer that left me amazed was their response to birthdays. They all stared at me like they were from a different planet. “Birthday? I have never done birthday before.” Gale of diseases During the two-day tour, I realised that the dwellers – especially women and children – had arrived with varying, precarious health challenges. These were ringworms, chronic malnutrition, ear discharge, malaria, Some of the IDPs relaxing at the camp pronounced tooth decay, acute eye infections (completely red and brown), anemia, weak- Although there was neither animal protein nor nesses of the body, scabies, skin infections, fish to garnish it, the children were already ulcer, malaria, urinary tract infection, injuries singing a delightful song in anticipation of all over the body and head, trauma and their meal. Hunger, indeed, had dealt with mental health among others. them in their previous homes. According to Omigie, when these children Nutrition Specialist of United Nations arrived, they were almost dead. Some had Children’s Fund (UNICEF), Dr. Ada Ezeogu, fed on grass and sand for months in the recently revealed that chronic malnutrition caves and mountains. Others, who fed on early in a child’s life results in stunting among same, did not survive to tell the tales of children under-five. She described stunting their trials. They had malnutrition, rashes as a failure to achieve one’s own genetic of all kinds, scabies, injuries, the ulcer was potential for height and a manifestation of enormous - almost all of them had the the severe, irreversible physical and cognitive. ulcer. Some fed on grasses and sand just She added: “Children who are stunted have to survive. They are just too afraid to tell suffered from chronic malnutrition earlier on you. But these children fed on sand and grasses for months. From her words: “They ate so many raw things. Those were things that formed the health hazards in them. We tackled the diseases. University of Benin Teaching Hospital (UBTH) brought mobile clinic here for three months caring for them. Some were taken to UBTH to ensure their health was stabilised.” Adding, she emphasised that many of the children didn’t remember their own names much less their last names. “We had to start giving them new names.” We have visited this camp Meanwhile, experts have disclosed that about 90,000 children could die this year in in the last three years. Nigeria from severe malnutrition as a result And I can say that there of the civil conflict, severe food insecurity, is a huge improvement disease, floods and displacement. In a meticulous look at the gigantic pot in their health status. For on the triple charcoal stand on the camp, it was filled with over-done white rice. And the first time, we saw two dishes of all kinds – plates, tins of tomatoes, medical doctors on the ancient mini-pots and more – were already ground, three nurses and filed beside the pot. THISDAY went further to have a shot. a pharmacist and a small There was very little sauce for the amount of rice there. The sauce is yellowish unlike clinic. There was nothing the red colour you find daily in Nigeria. like this before
in their lives as a result of repeated infections, poor feeding practices and inadequate nutrition that prevent babies and young children from getting the nutrients they need to thrive.” Stunting, according to UNICEF as disclosed in Ibadan this year, is a target of Goal two of the Sustainable Development Goals (SDGs), which targets to end all forms of malnutrition by 2030 including achieving it by 2025. This is after its 2017 estimate showed that 400,000 children in North-east Nigeria will suffer severe acute malnutrition in 2017. And these children in the IDP camp are from the North-east. Their needs and pleas Rice seems to be a uniform meal – they eat it daily. “We prepare 15 bags of rice daily. They eat twice daily when there is a meal and once when there isn’t much.” Omigie is elated. "I'm so happy to see DHI and the good work it has been doing here. We call on Nigerians to come and help these kids. We have a lot of challenges. To care for over 2,500 is not easy. They are feeding. We cook 11 bags of rice per meal. But we need brown beans, rice, palm oil, garri, yam, ingredients for soup and stew and all kinds of foods.” Among the list of needs the supervisor reeled out were: medicine (antibiotics, antimalarial, medicine for a cough, antifungal and many more), textbooks for their elementary and secondary schools among other stationery. Although they have got five boreholes, their challenge is electricity to get water. She noted, however, that they were not connected to the national power grid; hence, their use of generator set. “The highest we are on is 15KV, which is not able to power the camp simultaneously. We need a solar power supply; at least 500kv generative plant; a transformer to connect to the national power grid; ac-
commodation. “Come build more hostels and furnish it for the kids,” she highlighted. With a population of over 2,500 persons, the camp is engaged in agriculture to bridge the feeding gap. “Because of the population, whatever we plant is not enough. We need poultry. We have the plan and land but no facility. But we have planted pineapples, plantain and more.” Uhogua camp has got two medical doctors on the ground, three nurses and a pharmacist in its newly launched health centre. According to a medical practitioner and President of DHI, Dr. Nkechi Asogwa, “having seen their plight, the Doctor Health Initiative (DHI) gave its widow’s mite. It did free medical check for all in the camp – men, women and children -, it distributed drugs too. Medical experts from the organisation empowered the women and teenage girls on skills like dough and pastries for them to sell and make money.” She acknowledged DHI as a nongovernmental organisation in Nigeria. It is pro-family. It cares for underprivileged and needy people in the society. As a result, it carries out health outreaches to those set of people in the society. One of those topping that list is the IDPs in different camps located in different parts of the country. Asogwa told THISDAY: “Incidentally, we have visited this camp in the last three years. And I can say that there is a huge improvement in their health status. For the first time, we saw two medical doctors on the ground, three nurses and a pharmacist and a small clinic. There was nothing like this before.” As a medical practitioner, she disclosed that 80 per cent of the 3,000 population are children. “There are a lot of women and a very few men. Their health conditions are improving. But it could be better.”
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IMAGES
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Photo Editor ÌÓÙÎßØ ÔËÖË Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×
L-R: Hon. Lekan Omogunroye (Ward Chairman), Mrs. Funke Ogun (Woman Leader), Elder Lateef Sangosanya (LGA Chairman), Senator Gbenga Ashafa and Hon. Sulaiman Yusuf (Youth Leader) during an Inspection Tour of Intervention Projects by the Senator to Imota,Agbowa, Itoikin and Ikosi- Ejinrin LCDA...recently
Chief Trade Negotiator/DG Nigerian Office for Trade Negotiations (NOTN), Chiedu Osakwe(left) and President, China Chamber of Commerce in Nigeria (CCC), Ye Shuijin during the presentation of Office Equipments by the CCC to NOTN in Abuja...recently.
R-L; Executive Director, British American Tobacco Nigeria Foundation (BATNF), Abimbola Okoya; a beneficiary, Mrs Anifatu Alabi;Deputy governor of Ogun State, Chief (Mrs) Yetunde Onanuga ; Commissioner for Agriculture, Mrs Adepeju Adebajo and the General Manager, BATNF, Lolade Johnson-Agiri at the distribution of 10,000 boiler chickens to 1,000 beneficiaries in Ogun State by the State Youth and Women Empowerment Scheme of the State Ministry of Agriculture, in partnership with BATNF, at the state secretariat, Oke-Mosan, Abeokuta, Ogun State...recently
L-R: Head, Brand Management of First City Monument Bank (FCMB), Mr. Oluwatosin Dada; Retail Cluster Head, Lekki Zone, Mr. Osasare Bakare; top musician, Temitope Adekunle, alias Small Doctor and Head, Youth Segment of FCMB, Mr. Michael Nwoseh, during a musical show organised by the Bank at Lagos State Polytechnic (LASPOTECH), Ikorodu, Lagos,..recently
L-R: Chairman, La Fayette Micro Finance Bank Limited, Mr. Steven Duchatelle; Director, Other Financial Institutions Supervision Dept (OFISD), Central Bank of Nigeria (CBN), Mrs. Tokunbo Martins and Managing Director/CEO, La Fayette Micro Finance Bank Limited, Mr. Guillaume Valence, during the 5th year anniversary of La Fayette Micro Finance Bank, in Ibadan, Oyo State……. recently
L-R: Executive Secretary, Women in Successful Career (WISCAR), Fabia Ogunmekan; Partner Primera Africa Lega, Boma Alabi; Partner PAL, Lemea Abina; Ogun State Attorney General, Mrs. Abimbola Akeredolu, SAN; Mr. Eyo Ekpo; Managing Counsel, PAL Udoka Amah; Afoma Ofodile, GE and Bina Idonije, GE, during the Mentoring Programme for Students of Nigerian Law School, Lagos Campus in Lagos... recently. kolawole alli
L-R: General Manager, Africa Department, Toyota Motor Corporation. Japan, Yoichi Sagara; Representative of First Bank, Plc, Shola Olayemi; Chairman, Toyota (Nigeria) Limited, Chief Michael Ade. Ojo and Head, Dealer Development/Special Projects, Henry Ade-Ojuoko, during the company annual 2017 dealers award dinner and presentation of the Evergreen Customer of the year award to First Bank, in Lagos...... recently kolawole alli
A
WEEKLY PULL-OUT
17.04.2018
FOUR YEARS LATER: NBA-SLP BOUNCES BACK WITH A BANG
L-R: Rivers State Attorney-General & Commissioner of Justice, Chinwe Aguma, SAN, Presiding Judge, Court of Appeal, Port Harcourt, Hon. Justice A.A.B. Gumel, Rivers State Governor, Nyesom Wike, NBA President, A.B. Mahmoud, SAN, Chairman, NBA SLP, Miannaya Essien, SAN, Chairman, NBA Port Harcourt Branch, Omubo Frank-Briggs and Corps Marshal, Federal Road Safety Commission,Dr. Boboye Oyeyemi
2/DASHBOARD
17.04.2018
Leave of Supreme Court to Appeal Out of Time: What Applicant Must Show PAGE 4
Review Costs of Filing Cases, to Enable More Access to Justice, NBA Appeals to Lagos Judiciary PAGE 5
Lawyer Sues Buhari, Malami, IG, others for Alleged Violation of Freedom of Movement, Expression PAGE 5
Chris Uche, SAN Loses Mother PAGE 5
QUOTABLES ‘The recovery of assets has been monumental, during this Government’s tenure. It is unprecedented. And whether Nigerians, who have short memories, like to acknowledge this or not, it is a fact.’ – Professor Itse Sagay, SAN, Professor of Law, Chairman, Presidential Advisory Committee Against Corruption
‘There is no clear link in our fight against corruption, between investigation and prosecution. We need to review that. There needs to be some determination in fighting corruption. ‘ – Paul Anababa, SAN
‘Specialisation Offers Lawyers a Vista of Opportunities’ PAGE 6
Democratic Consolidation through Political Parties: President Buhari’s Rare Example PAGE 7
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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2019: Between Buhari’s Right, Common Sense and Performance
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The ‘Big’ News ast Monday, Nigerians received the ‘big’ news that President Muhammadu Buhari has decided to offer himself up for a second term, come 2019. Sections 135(2) and 137(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010)(the Constitution), permit the President to hold office for a maximum of two four-year terms. President Buhari is yet to complete his first term, so why the ‘hullabaloo’ about him going for a second term? It is not as if he’s trying to change the Constitution, and go for a third term like some people, or become President for life like some others! President Buhari is simply exercising his constitutionally given right. Even if in the past, President Buhari had said he would serve for only one term or half a term, does it matter? Is he not allowed to change his mind? After all, I do not think he made a blood oath/ covenant or carved it in concrete, that he would not seek re-election. As far as I am concerned, as long as President Buhari’s decision is lawful; and it is; he has the right to go for a second term. That is the essence of democracy. Common Sense is not Common However, the President’s bid for reelection, has met with a huge public outcry. Last week, as soon as his decision was announced, I watched a clip of a video which made the rounds on social media, of Nigerians in the UK protesting against his decision. I have also watched several pro and against debates on television, from when the President’s re-election bid was just mere speculation. Many reasons were espoused, as to why the President should not seek re-election in 2019, ranging from his age, to the state of his health, to incompetence, and so on. Last Tuesday, a young man in the person of Abayomi Rotimi, the National Youth Leader of National Intervention Movement, stated in an interview on Sunrise Daily, Channels TV, that he was sad and disappointed that President Buhari had decided to go for a second term. He added that “commonsensically, the President should not run”. Mr Rotimi, who told you that common sense is common? I have often wondered how wisdom and intelligence, something that God endows only to those whom He chooses, like King Solomon in the Bible, and in many cases, a gift that one has to pray fervently to God for, can be referred to as “common”!
Age and Health With respect to the issue of age, by virtue of Section 131(b) of the Constitution, the President only has to have attained the age of 40 years to qualify to be President. The President is over 70 years old. The Constitution does not place a retirement age, on the President. Some have complained that, the President does not have the moral right to run, the reason being that he cannot give Nigeria the required attention, not just because of his age, but because of the state of his health, the status of which has been kept secret from Nigerians; therefore, not allowing us to make an informed decision on this particular matter. Recently, 96 year old Prince Phillip, husband of the Queen of England, was admitted to a London Hospital for hip replacement surgery. The whole world was informed. So, why the secrecy on President Buhari’s part? Perhaps, his handlers believe that, if Nigerians are aware of the true state of his health, they may not vote for him, because their fears that he is not strong or fit enough for the task, as many now believe, on account of his long stays in hospital in London, will be confirmed. As it is, the President is back in London again. Should we be suspicious? Or, rather, should we believe (as his handlers want us to), that today, President Buhari has fully recovered, and is feeling invigorated and euphoric, a sense of hardihood – in short, feeling on top of the world, as if he has a new lease on life, rearing to go for his second term? Incompetence The third reason espoused for President Buhari not to seek re-election, is incompetence. This complaint is probably the most germane, and it is one which we should examine thoroughly. Many are of the opinion that, this government has failed abysmally in delivering on its campaign promises, and therefore, the President, again, does not have the moral right to go for a second term. However, we Lawyers know that, one of the first things that we learnt in Jurisprudence, is that though there is sometimes an intersection between law and morals, many times, that which is immoral, may not necessarily be unlawful. For example, in Exodus 20:14, the Bible says “You shall not commit adultery”. Adultery may be immoral, a sin in the Bible, but I do not believe that it is a criminal offence in Nigeria. However, on the other hand, in many States in America, adultery is classified as a misdemeanour, attracting a $10 fine in places like Maryland, and a stiffer
penalty of up to 3 years imprisonment in Massachusetts. Parameters for Running for Elections The bottom line, is that in a real democracy, the normal thing is for your performance and achievements to speak for you. They should be the determinants of whether you seek re- election, and whether the people should vote for you. If a President chooses not to use these parameters, to guide his/her decision in whether to seek re-election or not, and rather decides to succumb to boot lickers (pursuing their own agendas), encouraging him/her to run for election, the electorate reserves the right to use these same parameters to decide whether or not to vote for him/her! Unfortunately, the issue of election rigging and malpractices, has made many Nigerians cynical - many believe that our votes simply do not count, and that now that President Buhari has declared his intention, performance or not, it is a given, that he will most certainly be declared the winner of the 2019 election. President Buhari concentrated on 3 main issues, which he promised Nigerians that he would fix, if he was elected President in 2015 (though APC had its 9 point manifesto) – in no particular order, Corruption, Economy and Security. How has President Buhari fared in delivering on his campaign promises? I am not really going to bother to go into what my opinion is, on how President Buhari and his administration have fared, since in the past, I have written on many of these issues, ranging from the weak state of the economy, to insecurity (Boko Haram and Herdsmen), corruption, poor state of health and education, high cost of governance and unnecessarily high recurrent expenditure, low capital expenditure, lack of infrastructure, lack of focus on the part of this administration, glaring tribal slant in government appointments, constantly blaming PDP and everybody else for failures, instead of taking responsibility, hunger in the country, and so on. You know my views. Suffice it to say, a friend of mine described this administration thus: ‘A primary school pupil being asked to sit for a PhD examination. He/ she will certainly not understand the question paper, talk less of pass the examination’. These are the things that voters should consider and evaluate critically, in deciding on who we vote for in 2019. Qualities of a Good Leader I did some research, on what qualities a good leader must possess. They include Honesty, Integrity, Clarity and Straight Forwardness, Transparency, Focus, a
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“THE THIRD REASON ESPOUSED FOR PRESIDENT BUHARI NOT TO SEEK RE-ELECTION, IS INCOMPETENCE. THIS COMPLAINT IS PROBABLY THE MOST GERMANE, AND IT IS ONE WHICH WE SHOULD EXAMINE THOROUGHLY”
good measure of Intelligence, Passion, Compassion and Care, Excellent Persuasion Abilities, Excellent Communication Skills, Taking Responsibility, Assembling a strong team and leveraging on their strengths. In becoming the President in 2015, President Buhari was portrayed as being a ‘Messiah’. Three years on, Nigerians have realised that he is not. Going forward, in making the decision as to how to cast our votes, Nigerians must evaluate the President, based on his performance in the last 3 years, and decide whether he even possesses any of these necessary qualities. Barring any election malpractices, power resides in us, the electorate. Let us register to vote, collect our PVCs, and use our power, instead of complaining and ‘crying over spilt milk’!
Dear Editor
Re: The Pains of Disability in Nigeria
President Muhammadu Buhari
Dear Editor, I am a Lawyer, who practices here in Kaduna State, and I am also a physically challenged person. I read your column in This Day Lawyer, regularly. Your above-mentioned article, touched my heart. Most of the things you wrote in the article, was what I went through during my University days at Ahmadu Bello University, and Law School, Lagos Campus, (the stress of climbing staircases, the rush on the same foot path with colleagues, and the embarrassment of falling down sometimes). All that I experienced in school, due to my disability, I am still going through in courts and other public buildings. Nothing has changed, even with legislation in place. It is terrible, to be a physically chal-
lenged person in Nigeria. But like you said, "there is still a lot more to say" and more to do, especially in making sure that all legislation relating to people with disabilities, are implemented. Thanks for writing about people like me. A. Abdussalam Esq. Dear Mr Abdussalam, Thank you very much for your email. More important than being sorry about what you and many others have to go through on a daily basis, is ensuring that things change, to enable disabled persons in Nigeria, live better lives. I am glad, that you could relate to the things that I discussed in the article. I will be grateful, if you can write to me, with suggestions on policies that can be implemented, to make your life easier. Editor
4/LAW REPORT
17.04.2018
Leave of Supreme Court to Appeal Out of Time: What Applicant Must Show
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Rule 32 of the Supreme Court Rules, to submit that where the Court of Appeal affirmed a finding of fact of the trial Court, the Supreme Court can only grant leave to appeal against same in exceptional circumstances, which were non-existent in this case. Replying on Points of Law, Counsel for the Applicant countered that the submissions of the Respondent were entirely misconceived, as they suggested that a Ground of Appeal must disclose a likelihood of success, as opposed to an arguable point before a relief sought can be granted, which is not the position of the law. He stated that the Respondent was inviting the Court to consider the merits of the appeal at the preliminary stage, contrary to known principle, as all that is required at this stage, is to show that there are arguable grounds of appeal, and not necessarily grounds that may eventually succeed. CBN v AHMED (2001) 11 NWLR (Pt. 724) 368.
Facts
he Respondent obtained judgement against Admiralty Fleet Ltd (Judgement Debtor) in the sum of N99,600,457.05k, at the High Court of Rivers State. In a bid to enforce the judgement, it commenced Garnishee Proceedings against the Appellant/ Applicant (Applicant) and some other banks. The trial court granted the Motion Ex-parte, and made a Garnishee Order Nisi against the Applicant and some other banks. Upon being served with the Order of Court, the banks filed their Affidavits to show cause, as to why the Order should not be made Absolute. In the Affidavit filed by the Applicant, deposed to by its External Counsel, based on the information provided by one of its Legal Officers by the name – Eddy Henshaw – it was averred that the Judgement Debtor maintained an account with the Applicant, and that the sum of N99,600,457.05k in the account had been blocked. The Applicant subsequently, filed a Further and Better Affidavit, wherein it averred that the Affidavit filed earlier was incorrect because the Legal Officer of the Applicant inadvertently lifted the judgement sum stated on the Order Nisi, and mistakenly reproduced it as available in the Judgement Debtor’s account. On the scheduled date, the Court discharged the other Banks, but in respect of the Applicant, it ordered that the Legal Officer appear in Court at the next proceedings to clarify his explanation on oath, for the contradictory information supplied to the Deponent and be cross-examined by the Garnishor thereon. On the return date, the Legal Officer was not in Court as ordered. Counsel for the Applicant informed the Court, that he was no longer in the employment of the Applicant. He addressed the Court, and in its Ruling, the Court held that the Applicant failed to utilise the opportunity granted it to clarify the contradictions. The Court adjudged the explanations in the Further and Better Affidavit an afterthought and discountenanced it; the Order Nisi was thereby, made Absolute. The Appeal by the Applicant to the Court of Appeal, was unsuccessful. The Applicant, who was desirous of appealing the decision of the lower Court, did not appeal to the Supreme Court within time; hence, it filed this application, seeking the trinity prayers; leave to introduce and argue a fresh ground of appeal, among other reliefs sought. Issue for Determination: The Applicant submitted four issues for determination of the appeal, which issues were adopted by the Respondent. The Supreme Court however, determined the appeal on the first issue submitted by the Applicant thus: Whether in the present circumstances, the Appellant is entitled to the exercise of the discretion of this Court granting it (i) extension of time to file its appeal; (ii) leave to appeal; and (iii) extension of time to file its appeal against the judgement of the lower Court. Arguments The Applicant contended under issue one, that it is entitled to the exercise of the Court’s discretion in granting the three reliefs sought therein. Regarding the position of the law in an application of this nature, Counsel referred to the provisions of Section 233(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 and the authority of AKEREDOLU v AKINREMI (1986) 2 NWLR (Pt. 25) 710, on the requirement of leave to appeal grounds other than of law alone; onus on party seeking leave to appeal out of time – Order 2 Rule 31(2) of the Supreme Court Rules, RE-ADEWUNMI (1988) 3 NWLR (Pt. 83) 483; and the need to refrain from deciding upon the merits of the grounds of appeal, when considering an application for leave to appeal – HOLMAN BROS. (NIG.) LTD. v KIGO (NIG.) LTD. & ANOR. (1980) 8-11 SC 43 at 62. The Applicant argued further that, the Supreme Court has the power to extend the statutory period prescribed for giving notice of appeal or notice of application for leave to appeal, vide the provision of Section 27(2) and (4) of the Supreme Court Act, and that the discretion must be exercised judicially and judiciously upon the consideration of the affidavit evidence in support of the application. To this end, Counsel quoted extensively the affidavit filed in support of the application, in urging the Court to hold that the Applicant had provided good and substantial reasons for the grant of the application, since the failure to file the application for leave to appeal within time, was due to inadvertence of the Applicant’s Counsel and not the fault of the Applicant. He relied on LAMAI v ORBIH (1980) 12 NSCC 188. Counsel also submitted that, the Grounds of Appeal prima facie show good cause why the appeal should be heard, and that the Grounds are not frivolous, but raise substantial issues of fact or law for consideration. On his part, Counsel for the Respondent, contended that
Hon. Amina Adama Augie, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday the 26th Day of January, 2018 Before Their Lordships Olukayode Ariwoola Kumai Bayang Aka’ahs Amina Adamu Augie Paul Adamu Galinje Sidi Dauda Bage Justices, Supreme Court SC.744/2015 Between Guaranty Trust Bank Plc .........Appellant /Applicant And Est Master Construction Limited ......Respondent (Lead Judgement delivered by Hon. Amina Adamu Augie, JSC)
the Grounds of Appeal filed by the Applicant do not raise any issue of general importance or novel points of law, or show a prima facie arguable appeal. In relation to Grounds 3 and 4 of the appeal, Counsel relied on the decision in ILOABACHIE v ILOABAEWE (2000) 5 NWLR (Pt. 656) 178 and Order 2
“....AN APPLICANT HAS TO CONVINCE THE COURT, THAT THE DELAY IN BRINGING THE APPLICATION IS NEITHER WILFUL NOR INORDINATE, AND THAT THERE ARE GOOD AND SUBSTANTIAL REASONS, FOR THE FAILURE TO APPEAL WITHIN THE PRESCRIBED PERIOD”
Court’s Judgement and Rationale In its consideration of the application, the Supreme Court held that before an application of this nature is granted, two conditions spelt out by law must be satisfied, to wit: (i) it must be in the interest of justice; and (ii) the application shall be supported by an affidavit setting forth good and substantial reasons for the failure to appeal, and to apply for leave to appeal within the prescribed period. In view of the above, an Applicant has to convince the Court, that the delay in bringing the application is neither wilful nor inordinate, and that there are good and substantial reasons for the failure to appeal within the prescribed period. The two conditions are conjunctive and not disjunctive; hence, they must co-exist. NWORA v NWABUEZE (2011) 15 NWLR (Pt. 1271) 467. In this case, delay in filing the application was attributed to inadvertence of Counsel; this is a familiar refrain in applications of this nature. While it is correct that inadvertence of Counsel or Counsel’s error in judgement, if reasonable, is an acceptable explanation for delay in applying for leave, however, the Honourable Nnaemeka-Agu, JSC warned in IROEGBU v OKWORDU (1990) 6 NWLR (Pt. 159) 643 that notwithstanding the earlier decision of the Apex Court on the point, “The Courts will not regard this as a universal talisman, the waiver of which will act as panacea in all cases. The Courts must be satisfied that, the allegation of the fault of Counsel is true and genuine, but also that it is availing, having regard to the circumstances of the particular case.” Owing to the abuse in attributing all non-compliance with the Law and Rules of Court to inadvertence of Counsel, the current trend in judicial practice is to distinguish inadvertence of Counsel from ineptitude of Counsel – MALARI & ORS v LEIGH (unreported) APPEAL NO. SC.113/2013 delivered on 12/01/18. Thus, the rule that a litigant should not be punished for the mistake or inadvertence of Counsel, does not extend to a situation where his Counsel has exhibited tardiness or incompetence. In this case, the Court had to decide whether the inadvertence of Counsel, was within the permissible limits or crossed the line of sheer ineptitude on the part of Counsel for the Applicant. Going by the fact that the Applicant had filed an initial application within time before the error in not including the first prayer to extend the time was discovered, though Counsel ought to have been more diligent, the error does not suggest ineptitude on the part of Counsel. Regarding the second condition requiring the Applicant to show that there are grounds which prima facie show good cause why the appeal should be heard, as submitted by Counsel for the Respondent, leave to appeal in this case where the Court of Appeal affirmed the findings of the trial Court, can only be granted in exceptional circumstances – Order 2 Rule 32 of the Supreme Court Rules. The word ‘exceptional’ is defined as ‘much greater than usual’. Hence, in this case, the Applicant has to jump through an extra hoop, to convince this Court to grant this application. There is nothing exceptional about the circumstances of this case, to sway the Court to grant the application. The Applicant’s four Grounds of Appeal must show on the face of it, good cause why the appeal should be heard, for the application to be granted. The application is not granted as a matter of course. In this case, there is no redeeming feature, to warrant the Supreme Court to indulge the Applicant by granting its application. Application Dismissed. Representation: Afolabi Kuti Esq. with Pius Owhoawodua Esq. for the Appellant Mrs. Nonye Nzewi-Agbasi Esq. for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
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L-R: Justice Kazeem Alogba , representing Lagos State Chief Judge, Mrs. Benson and Chief Babatunde Olusola Benson SAN, the Ayangbure of Ikorodu, His Royal Majesty, Oba Kabir Adewale Shotobi and Adeboruwa of Igbogbo Kingdom, Oba Semiudeen Kasali at the 12th Asiwaju Babatunde Olusola Benson, SAN Annual Lecture
L-R: NBA 3rd Vice President, Ben Oji representing the NBA President, Chairman of the event, Deacon Dele Adesina, SAN, Lagos State Solicitor-General, Mrs. Funmilola Odunlami, Chairman, NBA Ikorodu Branch, Levi Adikwaone and Guest Lecturer, Professor Sheriffdeen Tella
Review Costs of Filing Cases, to Enable More Access to Justice, NBA Appeals to Lagos Judiciary Stories by Akinwale Akintunde The Nigerian Bar Association (NBA) Ikorodu Branch, has appealed to the Lagos State Judiciary, to review its position on the issue of judicial seal and some grey areas inhibiting access to justice, to enable the common man have more access to justice in the State. The Chairman of the NBA Branch, Levi Adikwaone, said the courts are the last hope of the common man, but such hope would be dashed where a common man cannot access the court because of the costs involved. Adikwaone made this appeal last Tuesday in his welcome address, at the 12th Asiwaju Babatunde Olusola Benson, SAN Annual Lecture, held as part of the 2018 Law Week programme of the NBA Ikorodu Branch at the Ikorodu Town Hall. He said the cost of obtaining justice is increasing by the day, as filing fees are frequently reviewed upward while the
time taken to litigate a case is becoming longer. “The cost of obtaining justice is increasing by the day, as filing fees are frequently reviewed upward, while the time taken to litigate a case is becoming longer. “We need simpler Rules of Courts. We need to make use of technology, and get rid of the old ways of doing things. It is in this vein, that the use of P.O.S machine for payment of court fees at the registry is advised; SMS messages should also be sent to Lawyers ahead of court dates to notify Lawyers, and by extension, their clients of adjournment of cases to reduce stress and waste of precious time commuting to and fro courts, and to maximise our time for many other businesses for which we are engaged on a daily basis by clients”, Adikwaone noted. The NBA Chairman, also made a case for more slot for judges of High Court of Lagos Judiciary, to reduce the workload of the present Judges in the State. According to him, Lagos State needs not less than a hundred
Judges on the High Court Bench, at the moment. “It has become expedient to make a case for more slots for Judges on the High Court Bench, given the workload and the effect on the productivity in that particular cadre of judicial service. Lagos State needs not less than a hundred Judges on the High Court Bench at this moment. We, as the service consumers, will do our best in this crusade”, he said. Adikwaone also commended the Lagos Chief Judge, Hon. Justice Opeyemi Oke and all other Judges and Magistrates on the Lagos Bench, whom he said continue to do their best, despite the economic challenges they are facing as well. He noted the efforts of the Chief Judge, geared towards ridding the Judiciary of corruption, reorganising and repositioning the Judiciary, and promised the support of members of the Branch, in her mission to bring change and advancement to the Judiciary.
He said events that followed the introduction of the Land Use Charge, should be a lesson to all, pointing out that “people will not oppose a good tax regime, but that with so much poverty, economic recession, loss of jobs and income among others, the people are likely to resist a government that is demanding more from its citizens, than what it is providing. He therefore, urged the Legislature to stop playing politics with the lives of the people in the making of laws, and urged them to do what is right particularly in respect of the Land Use Charge. The Guest Lecturer at the event, Professor Sheriffdeen Tella, called for stiffer punishment for corrupt officials, adding that this is one of the best ways the country can move out of recession to prosperity. Speaking on “Moving Nigeria from Recession to Prosperity: The Trajectory of the Nigerian Laws”, Tella, a Professor of Economics
and Lecturer at the Olabisi Onabanjo University (OOD), Ago Iwoye, Ogun State, said that although Section 98 of the Criminal Code prescribes seven years for corrupt officials, but that is not enough to serve as deterrent or commensurate with the toll corruption takes on the Nigerian economy. According to him, in spite of the seven years imposed by the Criminal Code, the country has continued to witness many cases detract from public expectation, by reducing the penalty and imposing much lesser punishments to convicted corrupt persons, as well as the use of plea bargain. Though he considered the death penalty for corrupt officials as it operates in China as too extreme, he pointed out that the Legislature must take responsibility by imposing stiffer punishments for corruption. Professor Tella stressed the need for the country’s laws to be implemented to the letter
with respect to curbing corruption, adding that corruption is a very serious offence, which has the power to cripple the economy. He said that it would be a miracle for the country to move from economic recession to prosperity, because the way laws are operated cannot promote economic development. He also noted that the way the National Assembly takes the issue of monetary and fiscal policies, which are the planks for development, with levity, is not helping matters. “Delay in budget considerations and approval, has not been taken with the seriousness it requires, particularly in the last four years. Timely implementation of annual budgets has a positive link with economic development and promotion of an affluent society”, he added. The Chairman and Chief Executive Officer (CEO) Red Bricks Homes Limited (Amen Estate), Ibeju Lekki,
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Lawyer Sues Buhari, Malami, IG, others for Alleged Chris Uche, SAN Loses Mother Violation of Freedom of Movement, Expression Chief Chris Uche, SAN, in-laws and a host of other A Human Rights Lawyer, Chief Malcolm Omirhobo, has dragged President Muhammadu Buhari, the Attorney-General of the Federation, Abubakar Malami, SAN, and the Inspector General of Police, Ibrahim Idris, before a Federal High Court sitting in Lagos, over an alleged violation of fundamental human rights of some Nigerian citizens. The Lawyer, who sued for himself and on behalf of the Nigerian Bar Association (NBA), Ikeja Branch and the Nigerian public, is asking the court to declare that it is undemocratic, illegal, unlawful and unconstitutional, for the Inspector General of Police and Lagos State Commissioner of Police and agents, to prevent Ikeja NBA members and others from carrying on
their planned peaceful protest on Thursday, March 29, 2018, by laying siege on the Body’s Secretariat within the Lagos State High Court, Ikeja Judicial Division Premises on Wednesday, the day before. Joined as Respondent in the suit, is the Lagos State Commissioner of Police. According to the Applicant, who is also a member of NBA Ikeja Branch, the facts of the case are that, the Lagos State Government on 12/3/2018 reviewed her Land Use Charge by 200%, in the face of economic hardship and the biting effects of the recession of the Nigerian economy. The said review, led a large section of the Nigerian populace particularly Lagosians, the Organised Private Sector, Residents, Land Lords, Opposition Political Parties, Business and Professional
Associations, to oppose it. At the vanguard of the opposition to the new rate, is the Nigerian Bar Association, Ikeja Branch and civil society groups. He explained that NBA, Ikeja Branch, scheduled to stage a peaceful protest against the Lagos State Government’s reviewed Land Use Charge on March 29, 2018, but unfortunately on March 28, a day before the planned protest, over 50 heavily armed Policemen laid siege on the NBA Ikeja Branch Secretariat, in a bid to arrest officials of the body so as to frustrate and stop the protest. The Lawyer said Lagos State Commissioner of Police (4th Respondent), issued a press statement to the public, categorically warning the Public that the Police will not tolerate
any group or persons to protest in Lagos State and its environs, between March 29 to 30, because President Buhari (1st Respondent) would be on a two-day official visit to the State, alleging that the NBA Ikeja Branch, is being used by some disgruntled Politicians. “The 4th Respondent threatened to arrest anyone who ventured to come out to stage a protest in Lagos, during the 1st Respondent’s visit. The 4th Respondent threatened to charge anyone who dares to come out to stage protest in Lagos during the 1st Respondent’s visit to court, with very severe offences. The 4th Respondent advised parents to caution their wards, against being CONTINUED ON PAGE 6
has announced the passing of his mother, Hon. Justice (Mrs.) Christiana Ijeoma Uche (Nee Ebbi of Okoko Item, Abia State). According to the statement signed by Chris Uche, SAN on behalf of the family, the late Justice Christiana Ijeoma Uche, was a retired High Court Judge of Old Imo State and Abia State Judiciaries. She was the first female State High Court Judge in the old Imo and Abia States, and was a founding member of the National Association of Women Judges (NAWOJ). She was also a matron of the Federation of Female Lawyers (FIDA). She was aged 83 years, and is survived by her children, Chief Chris Uche, SAN, Dr. Rose Uche, Mr. Gordy Uche, SAN, Mr John Uche, several grand children, great grand children, siblings,
relations. Burial arrangements, will be announced by the family, in due course.
The late Hon. Justice Christiana Ijeoma Uche
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17.04.2018
Court Fixes May 11 to Commence Trial of Badagry Prince over Alleged Theft, Forgery Akinwale Akintunde A Special Offences Court sitting in Ikeja, has fixed May 11, 2018, to commence the trial of Badagry Prince, Semasa Kolade James, over allegations of theft and forgery charges preferred against him by the Special Fraud Unit (SFU) of the Police. Justice Oluwatoyin Taiwo, fixed the date following James’ arraignment before her last Tuesday, on a two-count charge for alleged stealing and forgery. Prince James, who is a son of a late ruler of Kweme Kingdom, Oba Afolabi Ogungbe James, is being accused of fraudulently converting to his own use and personal benefit, the sum of N500 million, property of his late father's estate, between 2010 and 2017 in Lagos. The Prosecutor, Mr. Sunday Ekong, said the offence was committed between 2000 and 2017. According to Ekong, the Defendant had forged the resolution of a company called
CAJ Industrial Enterprises dated November 28, 2011. He alleged that the Defendant purported that his father, who was one of the Directors of the company, signed the resolution. He said the forged document was purportedly signed in 2011 by the king, nine years after his demise. The Prosecutor also alleged that Prince James forged the resolution, with the intent that it will be acted upon as genuine, to the prejudice of any person. According to the Prosecutor, the alleged offences violate Sections 383(1), 383(2)(f), 390(9), 465 and 467 of the Criminal Code, Laws of the Federation of Nigeria 2004. One of the counts read, “That you Semasa Kolade James, in 2011 in Lagos within the jurisdiction of this honourable court, knowingly forged the Resolution of a company called CAJ Industrial Enterprises Limited, dated 28th November, 2011, by purporting that the said Resolution was signed by your father, as one
of the directors of the company, whereas your your father died on 30th January, 2002, and you forged the said Resolution, with intent that it may in any way be used or acted upon as genuine, whether in Lagos State or elsewhere to the prejudice of any person”. The Defendant, however, pleaded not guilty to the two-count charge of forgery and stealing. Following the Defendant's plea, his counsel, Mr. Martins Oyigbo, asked the court to grant his client bail. Oyigbo argued that his client is well known and has a street named after him in the community, and that he has no previous criminal record. He assured the court, that the Defendant will not jump bail, explaining that this was why the reigning king, Olalekan James, one of the siblings of the Defendant was in court and ready to be a surety to the Defendant. The Prosecution led by Ekong, in a written address, opposed the bail application on the ground that the Defendant had jumped the administrative bail granted him earlier, adding
LAWYER SUES BUHARI, MALAMI, IG, OTHERS FOR ALLEGED VIOLATION used as tools by some unscrupulous elements. “Based on above blackmail, intimidation and coercion of the officials of the Nigerian Bar Association, Ikeja Branch, by the 3rd and 4th Respondents, their servants, agents and privies, the body called off the protest, resulting in a large section of the Nigerian population being cowed not to get themselves involved in the protest, for fear of the reprisal of the 3rd and 4th Respondents, their servants, agents and/or privies. “Worried about the continued violation of the Fundamental Rights of Nigerians, to freedom to associate, freedom to express themselves, and freedom to move freely to protest by the 3rd and
4th Respondents, their servants, agents and/or privies, the Applicant is bringing this application to protect the rights of Nigerians”, the Applicant stated. The Applicant, amongst other reliefs, is praying the court to declare the act of the 3rd and 4th Respondents, as a flagrant violation and a breach of the fundamental rights of the members of the Ikeja Branch NBA, and by extension, the generality of the Nigerian Public, intending protesters’ freedom to assemble, express their thoughts and minds, and freedom of movement. He is also praying the court, to declare that the two days official visit of President Buhari to Lagos State, is not enough reason for the 3rd and 4th Respondents, their servants, agents and/or privies, to
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deprive the Public from exercising their fundamental rights to freedom of Assembly, Expression and Movement The Applicant also wants the court to restrain 3rd and 4th Respondents, from further issuing threatening statements to members of Ikeja NBA Branch and the Nigerian public, intending to stage peaceful protest. Furthermore, the Lawyer urged the court, to order the Respondents to issue a public apology, which should be published in five National widely circulated newspapers running for two weeks consecutively, to NBA Ikeja Branch and the general public, for frustrating and aborting a planned peaceful protest, and thereby violating their fundamental rights.
Semasa Kolade James
that that was why the Commissioner of Police seized his passport. Ekong also told the court that 15 Prosecution witnesses, mostly relatives, have been lined up to testify against the Defendant. Ruling on the bail application, Justice Taiwo however, granted Prince James bail in the sum of N20 million, with two sureties in like sum. The Judge ordered that one of the sureties must be a landowner, which should be proven with a Certificate of Occupancy. According to the Judge, the second surety must be a relative, with a viable means of income. Justice Taiwo also ruled that both sureties must show evidence of payment of taxes of the last two years, the Certificate of Occupancy, which must be verified by the Registrar of Titles and the SFU. The Judge ordered that Prince James be detained at the SFU, till perfection of the bail conditions, and fixed May 11, 14 and 15 for trial.
Legal Personality of the Week Oluseye Banjoko
‘Specialisation Offers Lawyers a Vista of Opportunities’ My name is Oluseye Banjoko. I obtained my Law degree from the Lagos State University in 2007, and was called to the Bar in 2008. Following my call, I spent the mandatory year of NYSC at the Osun State Ministry of Justice, after which I joined the Law firm that was then known as Consolex Legal Practitioners. Following a reorganisation and rebranding, the Firm is now known as CLP Legal. I am now a Principal Associate at CLP Legal, and I practice primarily in the Litigation and Dispute Resolution department of the Firm. I am also very active in Real Estate and Information Technology transactions. I am a member of the Chartered Institute of Arbitrators (UK), Nigeria Branch, an affiliate member of the Cyber Security Experts Association of Nigeria, an associate member of the American Bar Association, and currently serve as the Legal Adviser of the African Church Arch-Cathedral Bethel, Lagos. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Over the course of my years in practice, the ease with which recalcitrant litigants have been able to slow down the wheels of justice through their counsel, has kept me particularly exasperated. I find it very challenging, defending the legal system in which I practice, against a barrage of criticism from foreign and indigenous clients. What was your worst day as a Lawyer? It breaks my heart, every time I experience the despondency that follows wasted hours spent in court, due to deliberate time wasting ploys of parties who want to subvert the course of justice. The effect on the sanctity of law and the erosion of trust in the system,
in my law practice for now. Who has been most influential in your life? Without being a Lawyer, my mother instilled some of the most important principles under which I practice everyday, in me. From persevering till there’s nothing left of a problem, to facing everyday with zest and an unyielding reliance on God, the life lessons learnt from her, have continued to serve me well and I hope to make her very proud.
Oluseye Banjoko
are painful to watch. Every experience like this leaves me saddened. What was your most memorable experience as a Lawyer? In August 2013, the Lagos Division of the Court of Appeal, delivered a judgement in a pro bono appeal which the Firm had become involved in, and which I had primary charge of. The judgement discharged and acquitted the Appellant, a 23 year old lady, who had been wrongfully convicted and sentenced to life imprisonment by the High Court for manslaughter. She had been incarcerated for about 5 years, and the joy on her face, when I got to the Kirikiri Prison to inform her that evening, is better seen than imagined. Giving back to society, is a core aspect of our practice at CLP Legal, and this is perhaps the most striking of many memorable events
Why did you become a Lawyer? Growing up, watching and listening to many Lawyers on television and in person, revealed certain possibilities to me, and I think my young mind eventually got captured by the lure of a career in Law. Even though my father is a Lawyer, for a very long time, growing up, I had other career dreams. However, as I said earlier, the attraction was always there. The study of Law, offered me the chance to engage reason. The deep thought that goes into solving a problem, and the satisfaction that comes from the resolution, are twin pillars of satisfaction for me. The mental stimulation and constant analyses required to solve everyday’s unique challenges, are priceless, and there’s nothing quite like formulating a legal strategy and seeing it to fruition. Without a doubt, if I could go back in time, I’d study law again. What would be your advice to anyone wanting a career in Law? Firstly, the nature of a legal career, is such that financial reward is not always an immediate given. As such, it’s important to have a passion for the profession, that will
sustain those first few years, when satisfaction will come from things other than money. It is important for one’s heart, to be truly convinced that a future lies in law. I’d suggest that after a few years of general practice, quickly determine a specialty, and narrow your practice area accordingly. Specialisation opens a vista of learning and earning opportunities, previously unimaginable for young Lawyers. The reality is that, times have changed, and the era of the general practitioner, is gently being phased away. Many young Lawyers quickly get dissatisfied with the sometimes, frustrating court room practice, and may not be cut out for transactional practice. For these, Law offers an interesting array of alternative law based career options, that derive from the transferable skills available to a Lawyer. A few years of practice, will help hone these skills and prepare any Lawyer to tackle these alternatives. You can tell that the overriding advice from me, is that, every Lawyer should take the benefit of a few years of practice at the start of a career in Law. If you had not become a Lawyer, what career would you have chosen? If I had not become a Lawyer, I’d probably have chosen a career in medicine. This may come as a surprise, being that these are diametrically opposed careers, but such was the nature of my early education and a yearning in me to help people, which has now found its best expression in a legal career. Where do you see yourself in ten years? There’s an almost natural progression for an advocate, that sees you aspiring to silk. I am no different, and I hope within the next 10 years, I can make the necessary progression to this dream.
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Democratic Consolidation through Political Parties: President Buhari’s Rare Example This interesting article by Dr. Kayode Ajulo, which discusses how President Buhari recently shocked his APC Party Members, by denouncing tenure elongation for the Party’s National and State Executives, explains the advantages of intra-Party democracy, and its positive multiplier effect on national democracy as a whole
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he ‘Bombshell’ One undeniable feature of President Muhammadu Buhari’s-led government, is it’s tendency to skip the scripts, and roll out new plots and twists, that both amuse and stun the public. While this proclivity has featured prominently in his government’s interaction with the public at national and international levels, nothing could very well have prepared most members of his party’s inner caucus in the recent National Executive Meeting of the party held at the Presidential villa. In his habitual taciturn but firm manner, President Muhammadu Buhari took the floor minutes into the meeting, and dropped a bombshell, when he emphatically spoke up against tenure elongation for the party’s National and State Executives, in the guise of a National Caretaker Committee. Shell-shocked, his audience listened raptly, even as a few, at that point, could barely hide their disappointment and surprise. According to Mr. President, it is pertinent not to put the APC at risk in the forthcoming elections in 2019, by ignoring laid down rules in the party’s constitution, even as he admonished an adherence to the country’s constitution in section 233, which mandated parties to periodically replace their executives. While his position was shared by his Vice-President, Prof. Yemi Osinbajo, SAN and others, there were those who dissented, on the premise of political consideration and rationalised illegality. I must say that, the President’s position is a case for intra- party democracy, and so immediately commendable, even if unpopular amongst members of his own party. For a President said to be perennially aloof on laid down democratic principles, his admonition during the APC’s NEC meeting, must have given his critics a paradox to work out, even as it encourages the public to have faith yet in the democratic capacity of the Military General’s Government. Lack of Internal Democracy I am, however, constrained to comment on the issue of a lack of internal democracy, in a large number of political parties in Nigeria, because of it’s direct connection to external democracy or the delivery of
APC Chairman, John Oyegun
same. All political parties in Nigeria tout democracy and the delivery of its dividend, as a pivotal point of their campaigns in and out of office. In fact, an essential truth is that, without democracy there would be no political parties as history shows. Non-democratic nation states under monarchy or dictatorship, usually frowned upon the formation of groups, association or parties with labour or political intent, for obvious reasons. As such, the operation of democratic principles in a political party, is a necessary reflection of the bigger picture of democracy on a national scale. Advantages of Intra-Party Democracy The meaningful functioning of political parties, should assume the existence of preconditions, such as freedom of association, voting rights, equality, freedom of speech and information, and free and fair elections, held periodically. All political parties operating freely in a democracy, must therefore, necessarily reflect these features. A
“ALL POLITICAL PARTIES OPERATING FREELY IN A DEMOCRACY, MUST THEREFORE, NECESSARILY REFLECT THESE FEATURES. A NON-DEMOCRATIC PARTY, CANNOT BE TRUSTED WITH POWER, NOR HOPED ON, TO DELIVER ON DEMOCRATIC DIVIDENDS”
non- democratic party, cannot be trusted with power, nor hoped on, to deliver on democratic dividends. It is this fact, that perhaps necessitated the constitution to make provisional commentary on party politics, with particular emphasis on the need to hold periodic free and fair elections within the party, to allow for the rotation of power and, perhaps, the attendant privileges office. Intra-party democracy, is usually known to nurture citizens’ political competencies and/or producing more capable representatives, which in turn, ensures that the party produces better policies and political programmes. It is easier for a party whose core beliefs reflect democratic tendencies, to understand and respect the rule of law and equality before the law, on the national scale. In a democratic system, political parties are the organising vehicles for the struggle for power, and the articulation of principles and programmes for governance of the society. Only a party that largely follows democratic principles, will be able to truly reflect the views and aspirations of its members, and through those members, the views and aspirations of a large number of the citizens of the country. Only such a party, can potentially promote democracy on a national scale, and Nigeria surely needs democratic development. We need improvements in our elections. We need economic development, that reflects the genuine needs and aspirations of the vast majority of our citizens as world’s richest man, Bill Gates, only recently pointed out the obvious to the Nigerian
Government. We need security. We need peace and stability. And we need respect for and development of our democratic institutions, such as the judiciary, legislature, law enforcement agencies, indeed, even the executive. Also the practice of democratic politics, will lead to needed improvements in our international image, and our relations with other decent countries. There is absolutely nothing to hate about democracy, which makes the attempt by a few to boycott it’s principles whether at party or country level, most unfathomable. While the popular cliché goes, ‘practice what you preach’, what we’ve had for long in some political parties in Nigeria, is the case of preaching democracy to the public, while running autocratic party structures where a few well-placed individuals in a party, make all the decisions for the party, and resist the re- shuffling of offices and power with vehemence. The deterioration of internal democracy in political parties by executive power-wielders, casts a doubt on every policy or programme carried out, creates division amongst party members, and most importantly, impinges on the Integrity of such a party, to hold and exercise power in a democratic nation. It is therefore, a much needed breath of fresh air to observe the APC, persuaded by the admonition of President Buhari, set up a Technical Committee to work out the modalities for an intra-party election, to either bring in new executives, or by the poll, reaffirm confidence in some or all current executives of the party. It is by some measure, one of President Muhammadu Buhari’s-led bravest interventions as a party leader ever, seeing as how a majority of members of the APC’s inner caucus had finalised plans to maintain the status quo, even if in blatant disregard of the very constitution of their party, whose instrument validates the power and function exercised by each and every member of the APC. Conclusion On a summary note, the readiness of some members of the APC, to disregard certain portions of the party’s regulation, should caution our trust in their readiness to comply with the country’s Federal Constitution. Such attempted boycotts of laid down rules and regulations, in favour of contraptions deemed necessary to the actualisation of personal interests or ambition, could very well augur badly, for the country’s national democracy. I advice erring members of the APC, to fall in line with the wise counsel of President Buhari and the Vice- President, the erudite professor of law and Senior Advocate of Nigeria, Yemi Osinbajo. We hope to see more translations of such democratic considerations, in the country’s national life, through the policies and programmes of this administration. Dr Kayode Ajulo, Ajulo & Co., Castle of Law, Abuja
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Four Years Later: NBA-SLP Bounces Back with a Bang The Nigerian Bar Association’s Section on Legal Practice (NBA-SLP), was one of the three pioneer Sections created by the NBA in 2003, and it remained vibrant, until its Council came under the hammer of the parent body in 2014. Some were sceptical, when the NBA-SLP Council was reconstituted, and it resumed activities recently. However, last week, its first Conference after its resuscitation, cleared any doubts, as the two-day Conference stood as an eloquent testimony of the sterling leadership qualities of its Chairperson, Mrs. Miannaya Essien, SAN, who along with her Council Members, delivered an A-Class Conference in Port Harcourt, to the admiration of Nigerian Lawyers. THISDAY LAWYER was present, to report on the activities
L-R: Rivers State Governor, Nyesom Wike, Rivers State Attorney-General & Commissioner of Justice, Chinwe Aguma, SAN, NBA President, A.B. Mahmoud, SAN and Corps Marshal, Federal Road Safety Commission, Dr. Boboye Oyeyemi
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hank you for inviting me to your Conference, and for the opportunity to make some welcome remarks. On behalf of the Government and People of Rivers State, I wish you a very good morning, and a warm welcome to Rivers State the treasure base of the nation, and in particular, to Port Harcourt, Nigeria’s only garden city. As a responsible State Government, we consider ourselves as stakeholders in the progress of the legal profession, which with an independent judiciary, constitutes the legal substructure for achieving the consolidation of our apparently fragile democracy. This is why we have always identified with the programmes of the NBA, when called to do so. We have also on our own initiative, executed several projects that have advanced
“FREE AND FAIR ELECTIONS, IS THE BEDROCK OF EVERY DEMOCRACY, AND THE 2010 ELECTORAL ACT WAS OSTENSIBLY INTENDED TO ADVANCE JUST THAT. HOWEVER, IT WAS CLEAR FROM THE EXPERIENCE OF THE PEOPLE OF RIVERS STATE DURING THE 2016 RE-RUN ELECTIONS, THAT THIS PIECE OF LEGISLATION WAS EFFECTIVELY INEFFECTIVE FOR THE PURPOSE”
the legal profession and legal practice in Rivers State. Some of these projects include the Port Harcourt Law Centre, the newest Federal High Court complex in Nigeria, and the new State High Court complex. Others are the ultra modern judges quarters, the renovated Port Harcourt Court of Appeal complex and the Industrial Court complex, which is due to be commissioned in a months time. It is for this this same love for the legal profession that has inspired us to sponsor this conference in partnership with the Section on Legal Practice of the NBA on the strength that conferences of this nature do offer the opportunity for making the legal profession to be cohesive and forward-looking. Over the years, the legal profession in Nigeria has undergone substantial changes in the way we practice or do the business of the law. Apart from the emergence of the legal industry,
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L-R: Hon. Justice A.A.B. Gumel, Governor Nyesom Wike, A.B. Mahmoud, SAN, Dr. Boboye Oyeyemi and Miannaya Essien, SAN
alternative service providers now compete with lawyers for a reasonable share of the legal market. In the face of the complexities and competition for space and relevance in the legal industry, clients now demand greater degrees of loyalty, transparency and efficiency in our relations with them. Therefore, while the legal profession must constantly reinvent and reposition itself in response to existing and new challenges both in the theory and practice of the law; lawyers must also rethink the way they practice to remain relevant in the profession and meet the needs of their clients and society in the most professional, diligent and efficient manner. It is against this background that I consider the general theme of this conference: “Rethinking and Retooling Legal Practice for the Challenges of our time,” as apt and contemporary. As lawyers, we both have and enjoy the monopoly to practice law through the representation of our clients, whether individual or corporate, rich or indigent, powerful or weak. In doing so we are bound by professional responsibility to serve the best interest of our clients without compromising the ends of justice and the good of society. But, lest we forget, we live in a constantly changing times and the legal profession is not an island, therefore must also change with the times. Otherwise, it will continue to lose its charm, which is greatly eroded already. In other words, today’s practice does not need lawyers that still cling to the old ways of doing things. In stead, today’s practice needs lawyers that are current and savvy with the issues dexterous with technology and determined to be ahead of the constantly changing character of the law. And as you know, this comes through continuous learning, continues training and continuous retooling. It is therefore not enough for lawyers to acknowledge the changes in the profession without embracing and adapting to these changes. This, I believe is one of the central objectives this conference is programmed to achieve. Let me therefore congratulate the Legal Section of the NBA for organizing this conference and creating the avenue for us to discuss some of the most important and dynamic areas of substantive law and practice. Apart from the choice of topics, which reflects the wide range of subject areas of practice for barristers, solicitors or advisers in the country’s legal profession, I can also see the great pool of intellectuals in this hall, which comprises of a reasonable mix of senior and junior legal practi-
tioners, judges, academics and policy makers. This clearly indicates that this conference is here for serious business. I therefore expect every participant to give all his or her attention to the crosscutting ideas the conference would generate for the advancement of the legal profession and legal practice. And as we settle down for day’s business, permit me to make a few comments on the topic: Preparing for the 2019 Elections – Experiences under the Electoral Act No. 6 of 2010 – any need for Amendment? This topic verges on the electoral process and is therefore very important to all of us that believes in our democracy and are prepared to defend it at any cost, even if it means going to jail because there is no alternative to genuine democracy and good governance. Free and fair election is the bedrock of every democracy and the 2010 Electoral Act was ostensibly intended to advance just that. However, it was clear from the experience of the people of Rivers State during the 2016 re-run elections that this piece of legislation was effectively ineffective for the purpose. In spite of this law, we all saw how the All Peoples Congress, the Nigerian Police and the Independent National Electoral Commission (INEC) collectively and shamelessly rigged the national and state legislative re-run elections in Rivers State with ruthless violence and terror tactics on a scale, scope and style never seen before in the democratic history of the State. In spite of this law, we all saw how results sheets were duplicated with identical serial numbers and handed over to the police to entre fake results and returns in favour of the candidates of the APC in the said elections. In spite of this law, we all saw how both the tribunal and the Court of Appeal anchored their verdicts on results that were generated and certified from the custody of the Nigerian Police, while the results from INEC, which conducted the elections, were branded irrelevant and accordingly rejected. What all these mean is that a thousand Electoral Laws may amount to nothing for as long as the Federal Government, the INEC, the Police and other government agencies that may legally or illegally be brought into the election process, continue to disrespect the law and trample on our democratic rights to free and fair elections with impunity and without suffering any legal pains or punishment for their criminal conduct. This being so, the challenge of our electoral system has more to do with the attitudes of the political class and, in the current dispensation, the manifest tendencies and intentions of the Federal Government to rig the electoral
system and systematically subvert the will of the people against or in spite of the laws for undeserved political gains and advantages. But these experiences, sad and provocative as they are, should not constrain us from putting in place a watertight legal framework for guaranteeing and ensuring a free, fair and credible electoral system if our democracy must survive and advance the nation. We can see this optimism from the radical changes the National Assembly has introduced into the 2010 Electoral Act Amendment Bill, including the provisions on inflexible use of the card reader and the simultaneous transmission of results from polling units, which to a large extent, constitute a bulwark against the disgustful electoral malpractices that had permeated our electoral system. Therefore, we must all stand up against the devilish efforts by some anti-democratic forces to kill the ongoing process to amend the 2010 Electoral Act on the whimsical excuse that the order of elections proposed in the Amendment Bill contravenes the discretionary powers of INEC, which, in any case, has not complained of any mischief occasioned by the new order in the said Bill. Before I take my seat, let me remind us that a defining feature of the legal profession is the commitment to promote both the substantive rules and the processes of the law, as well as, to defend the democratic values of our society. All too often, members of the legal profession have kept undignified silence to the point of betraying the trust of the Nigerian people by failing to appreciate the real and fundamental nature of our professional responsibilities to the public interest. Therefore, if we believe and regard the practice of law as a noble calling and not just another job to secure our meal tickets, then duty compels us to call on the National Assembly to override Mr. President’s veto of the 2010 Electoral Act Amendment Bill to guarantee free, fair and credible electoral system in our country. As the conference gets underway, I wish you an intellectually stimulating and fulfilling conference and a safe return to your various destinations. On this note it is my pleasure to declare this conference open. Thank you for your attention and may God bless you. Being welcome remarks by His Excellency Nyesom Ezenwo Wike CON, GSSRS, Governor of Rivers State at the Annual General Conference of the Section on Legal Practice of the Nigerian Bar Association holding in Port Harcourt on 12 April, 2018
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Re-thinking and Re-tooling Legal Practice for the Challenges of Our Time Miannaya Essien, SAN Welcome 1. Chief Justice of Nigeria, ably represented by the Hon. Justice A.A. B. Gumel, Presiding Justice of the Court of Appeal, 2. His Excellency, the Governor of Rivers State, Chief Nyesom Wike, all other protocols duly observed, Ladies and gentlemen t gives me immense pleasure, to welcome you to Port Harcourt the garden city, for this Annual Conference. As our members know, we usually have our conferences in November, but as the Section had some challenges which led to its being inactive for a while, it was important that we have our Annual conference now, a few months after we took office.
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NBA-SLP Focus Our focus is on rebuilding the Section and positioning it properly, because irrespective of area of specialisation, as Lawyers, the Section on Legal Practice covers all aspects of practice, maritime, human rights, commercial, criminal, gender rights etc., and has an impact on the manner in which we practice law. Conference Theme We look to the future, and the difference the Section can make. We urge you to be a part of it. Looking to the future, brings us to the theme of this conference, “Re-thinking and Re-tooling Legal Practice for the Challenges of our Time”. This theme is apt and expedient now more than ever, considering recent ethical issues and changes in substantive law, that keep occurring. There has been an increase in the number of Lawyers being disbarred or suspended, including members of the inner bar. We cannot keep complaining about sharp practices. That status quo has to change, and we need to be a part of that change. Complaints in delays in securing convictions in white collar crimes; criminal prosecutions; Is there a perception that there
L-R: Omubo Frank-Briggs, Miannaya Essien, SAN and President, Commonwealth Lawyers Association, Santhaan Krishanan
is a different standard for the rich? The Bench and the Bar? How is our relationship? Are we managing it well? We need to be more alive to our responsibilities to the courts, clients and the society at large. We need to be more efficient, in our practice of law. We need to listen more and act more. This is part of the re- tooling process. Appreciation Distinguished delegates. We have a very impressive line up of speakers who will address these issues, and we are grateful to
Charles Ajuyah, SAN
Folashade Alli
Ayodele Akintunde, SAN
Uwa Etigwe, SAN
them. We are also grateful to His Excellency, the Governor of Rivers State, Chief Nyesom Wike for making out time, despite his very busy schedule, to deliver the welcome address. We also thank Her Excellency, Justice Suzette Nyesom Wike. We also have a friend of the NBA family, the Corps Marshall of the FRSC, Dr. Oyeyemi, who we prayed should join us and he graciously accepted, despite his very busy schedule. We will also wish to acknowledge and welcome the President of the Commonwealth Lawyers’ Association who is here with us, Mr. Krishnan. The CLA will be having its biennial conference in Zambia in April next year. We also look forward to seeing us there. While I am aware that this is an opening remark, as this is the first time the Section has had an outing in a few years, I seek leave of my Lord, the Chief Justice of Nigeria, to extend the jurisdiction of my opening remarks to allow me express our gratitude to those who have made this conference possible. The Chief Justice of Nigeria, Hon. Justice Walter S. N. Onnoghen, GCON, The Governor of Rivers State, The State is our Flagship partner; the Presiding Justice of the Court of Appeal, Port Harcourt Judicial Division, other Justices of the Court of Appeal, the Chief Judge of Rivers State, the Chief Judges of Anambra State, Bayelsa State and Abia State, the Admin Judge of the Federal High Court, the President of the Nigerian Bar Association, A. B. Mahmoud, SAN and his executive; and other Judges from other courts and jurisdictions here present. Our gratitude goes to past chairpersons of the Section on Legal Practice the indefatigable Mallam Yusuf Ali, SAN, Mr. Emmanuel Ukala, SAN, Mrs. Funke Adekoya, SAN and Mr. D. C. Denwigwe, SAN. We further express gratitude to our other Partners and Sponsors who are fully acknowledged in our programme, and who have supported us financially and in other ways. In particular, Law Pavilion has given all delegates one year’s free access to their Case Management System Software. As is the Section’s practice our April, 2018 Section on Legal Practice Journal cited as 4 SLPJ is available. E. C. Ukala, SAN is the Editor-in- Chief, with Mr. Denwigwe, SAN as Editor. It is a journal for the core practitioner, written by practitioners. We had asked members of the Bar to send in articles, and we must say, the response
“THERE HAS BEEN AN INCREASE IN THE NUMBER OF LAWYERS BEING DISBARRED OR SUSPENDED, INCLUDING MEMBERS OF THE INNER BAR. WE CANNOT KEEP COMPLAINING ABOUT SHARP PRACTICES. THAT STATUS QUO HAS TO CHANGE, AND WE NEED TO BE A PART OF THAT CHANGE” was overwhelming. It is also available. We encourage you to get a copy. We also ask that you send in your articles when we put out a notice to that effect. Reaching Out to Law Students The Section feels there is a need to reach out to law students, so that we can as they say, “catch them young”. Towards that end, we will be fashioning ways of partnering with various institutions. For a start, the Section has been in discussion with the Law School, and will partner with the Law School, to assist with training their students in their 6 campuses for their mock trials, which will be coming up in July or thereabouts . We will soon send out notices, and we ask members, who are interested in volunteering their services, to respond, so we can establish a database of Lawyers, who we will call upon at the appropriate time. The conference promises to be revealing and rewarding, but it is not just serious business. We ask that you join us at 6.00 p.m. at this same venue, for a welcome party. The dress code is casual, so you can relax, enjoy and experience the hospitality of Rivers State. Thank you very much. Mia Essien, SAN, Chairman, Nigerian Bar Association Section on Legal Practice
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NBA-SLP Bounces Back at Conference in Port Harcourt Jude Igbanoi
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he Nigerian Bar Association’s Section on Legal Practice which had been in comatose for almost four years, bounced back with a world class Conference in Port Harcourt last Thursday and Friday. The Conference which drew legal practitioners from every Branch of the NBA, saw in attendance, Judges, Justices of the Appellate courts, Magistrates, Senior Advocates, senior and junior Lawyers. The Conference which held at the ultramodern Port Harcourt NBA House, was preceded by an opening ceremony chaired by the Presiding Justice of the Port Harcourt Division of the Court of Appeal, Hon Justice Gumel, who represented the Chief justice of Nigeria and declared the conference open. Rivers State Governor, Ezenwo Nyesom Wike, who is also a Lawyer, who played an excellent role to the conferees, was at home amongst his professional colleagues. The Chairman of NBA-SLP, Mrs. Mia Essien, SAN and NBA Port Harcourt Chairman, Mr. Victor Frank-Briggs, welcomed conferees to the oil city. They expressed joy at seeing SLP members and Nigerian Lawyers, come to attend the conference in such large numbers, even after a hiatus of almost four years. In attendance at the two-day proceedings were the President of the Commonwealth Lawyers Association, Mr. Santhaan Krishanan, NBA President A.B. Mahmoud, SAN, General Secretary, Isiaka Olagunju, and past NBA Presidents, Chief .T.J. Okpoko SAN, OCJ Okocha, SAN and Mr. Okey Wali SAN. Sessions This year’s comeback Conference was themed “Re- thinking and Re-tooling Legal Practice for the Challenges of our Time” and ran from Thursday to Friday in five sessions. Session chairmen included Hon Justice Gumel, Attorney- General of Rivers State, E.C.Aguma, SAN and past NBA President, OCJ Okocha, SAN. Speakers and discussants included Yemi Candide Johnson, SAN, Arthur Obi-Okafor SAN, Professor Earnest Ojukwu SAN, Paul Usoro SAN, and Yakubu Maikyau SAN. The first day of the Conference, featured the first of three sessions:- “Practicing Law in a Regulated Environment – What We Need to Know” with Uwa Etigwe, SAN as Speaker, “The Reality of the Law”. Discussants were Funke Adekoya, SAN; Charles Ajuyah, SAN; Folashade Alli, Esq.; Ayo Akintunde, SAN and Prof. Ernest Ojukwu, SAN. President of the Nigerian Bar Association, A. B. Mahmoud, SAN, spoke on “The Future” in an interactive session. Session two was chaired by the Honourable Attorney- General of Rivers State, Chinwe Aguma, SAN, with the topic -“Economic and whitecollar crimes- Is the Administration of Criminal Justice Act the Right Tool for Effective Justice Delivery.” Speakers included Chile Okoroma, Director Legal and Prosecution of EFCC and Mr. Mahmoud Magaji, SAN and Mr. Charles Adeogun- Philips who is a former genocide and war crimes Prosecutor, as Discussants. Session three was chaired by Honourable Justice A. A. B Gumel with topic “The Bench & the Bar - Managing our Symbiotic Relationship” Speakers were Hon Justice Georgewill of the Court of Appeal, who spoke on behalf of the Bench, while Yakubu Maikyau, SAN spoke from the Bar’s perspective, while Arthur Obi-Okafor was discussant . Day Two, Friday, April 13, featured the fourth and fifth sessions. Session four was chaired by former NBA President, Okey Wali, SAN, with the topic “Problems Impeding our Fee Earning Capabilities as Legal Practitioners”. The Speaker was Mark Mordi, with discussants Paul Usoro, SAN; Mrs. Ibioku J. Owugah and Elijah Briggs.
Yemi Candide-Johnson, SAN
Professor Ernest Ojukwu, SAN
Session five was chaired by former NBA President, O. C. J Okocha, SAN, and the topic “Preparing for the 2019 Elections - Experiences under the Electoral Act No, 6 of 2010 - Any Need for Amendments? Lead speaker was Emmanuel C. Ukala, SAN and discussants were Donald Denwigwe, SAN; Ifedayo Adedipe, SAN and Ahmed Raji, SAN. The session examined in detail, election matters to the benefit of conferees. The SLP Chair and Council, gave a solid promise that maximum CLE points would be awarded from the Conference.
“THAT THE 2018 NBA SLP PORT HARCOURT WAS A QUALIFIED SUCCESS, WOULD BE AN UNDERSTATEMENT. INDEED MOST CONFEREES AGREED THAT IT WAS AN A-CLASS CONFERENCE, AND THAT THE SLP UNDER MRS. MIA ESSIEN, SAN HAS SET A PACE FOR OTHER NBA SECTIONS”
Yemi Candide Johnson, SAN He spoke on “Practicing law in a Regulated Environment” and remarked - “I think that we all assume that our legal profession is regulated. After all, Nigerian legislation (Legal Practitioners Act 1975), prescribes standards and requirements for the legal basis for practice of law in Nigeria. “These include admission to the Nigerian Bar. Vocational training, is mandatory for persons seeking to practice law in Nigeria. The Nigerian Law School educates and trains law graduates in vocational knowledge and practical skills. This, and subsequent enrollment on the Roll of Legal Practitioners, authorises the practice of an individual as a Barrister and Solicitor in Nigeria. “Legislation prescribes the right of audience before courts. Although Nigeria is a member of the WTO and ECOWAS, and is engaged in other bilateral and multilateral treaty arrangements with other countries, it has made no commitments to liberalise the legal service sector, hence currently, no special treaties exist in respect of legal services with other legal jurisdictions. “Section 2 (2) of the LPA allows any person who is entitled to practice law in any country whose legal system is similar to that of Nigeria, to make an application to the Chief Justice of Nigeria for the issuance of a warrant to practice as a Barrister in Nigeria for the purpose of proceedings described in the application. The Chief Justice shall consider the application and determine whether it is expedient to permit such a person to practice as a Barrister for the purpose of such proceedings. “But regulation is much more than this. Governments regulate a great deal of commercial activity in order to ensure that the public interest is served. One such area is the transactions between professionals and consumers. Professional regulation is therefore, a form of consumer protection. By Rules of Professional Conduct, Nigerian law, allows the legal profession to regulate itself. Self- regulation, is based on the concept of an occupational group entering into an agreement with government, to formally regulate the activities of its members. As a condition of delegation of such regulatory powers, the governing or regulatory body is required to apply such powers, in a manner that is guided by the public interest. The profession of law is so important, that its practitioners must be amenable to discipline. These sanctions, rules and procedure generally must be reviewed and
regulated from time to time, to keep abreast of the changing times and the resultant change in demand.” Prof Ernest Ojukwu, SAN He also spoke on “Practicing Law In A Regulated Environment- What We Need To Know”. “I say that we have had an incompetent Bar Association, and a disinterested membership. For over 14 years, we identified the same issues we are discussing today, and yet we have done little or nothing to implement meaningful change. Rather, we have assembled members in conferences year after year, just as we have done now, to repeatedly entertain ourselves in what I describe as ‘talk show jamborees’. “In 2004, I was Chairman of the NBA Law Reform Committee. We produced a new Legal Practitioners Act 2004, and the draft law was circulated among members and NBA Branches, and that was the end. In 2007, I wrote another one, the Legal Practitioners Amendment Act, and the Bar sent it to the National Assembly, and it was sponsored by Senator Ndoma Egba, Senator Ekweremadu and 3 other Senators. The Bill died in the Senate. But 12 years later, in March 2018, the National Assembly conducted a public hearing on the outdated Bill. This was done while 3 other bills which I drafted for another Committee of the Bar in 2011, were still pending at the National Assembly- that is, the Legal Practitioners Bill, 2012, the Legal Education Bill, 2012 and the Legal Services Commission Bill, 2012. In addition, in January 2017, the Bar set up another Committee and a new law was submitted to NBA NEC in Lokoja on 1st June, 2017. The Bill is the Legal Profession Regulation Act. As we speak
today? 8 months since being submitted, none of the 125 Branches of the NBA has discussed the Bill, just as no Section or Forum of the Bar has. We are simply disinterested, in the future of the Bar. “I drafted the 2007 Rules of Professional Conduct for Legal Practitioners, based on an old draft of late Justice Dr Orojo. In 2011, under the auspices of another Committee of the Bar, Yemi Candide- Johnson, SAN drafted a new Rules of Professional Conduct. The then President of the Bar, Okey Wali, SAN, asked me to conduct a validation workshop for that draft. The Academic Form conducted a session on that draft in 2013 at the Annual Bar Conference in Calabar, and submitted an updated draft Rules. That was the last action on that draft Rules of Professional Conduct, and we are in 2018. “The foundation for the reform of the legal profession, lies in a foundational reform of our legal education. If we do not reform what and how we teach our LL.B students and Law School trainees, any change we bring in the profession, will be like taking out termites on the surface of the ground. No real change will ever take root in the legal profession, unless we deal with our legal education where we have over 5000 Lawyers produced annually, to join the profession. The standard of our LL.B, is very poor. Legal education in the Law School, is at present, a stadium education, where we have over 1600 students seated in one theatre, to learn professional skills and values. Ethics is not a course in 99% of our LLB programmes, and yet, we want to have ethical Lawyers. “The Nigerian Bar Association, is one of the most disinterested professional organisations in the World, on how its members are trained to join or remain in the profession. Our legal education, both at the academic and vocational levels, lack adequate independent oversight, and only the Bar can provide such oversight, just as its counterpart American Bar Association does in the USA. But the NBA does no such oversight. It has not even written any policy document, on how Lawyers should be trained. The NBA does not have a single programme that connects the trainees at the University and the Law School, to the profession. NBA does not have any transitional programme for new Barristers and Solicitors that step out of the Law School, such as canopies, incubator programmes, capstones and career counselling. It is a disinterested Bar. “In spite of the critical state of the legal profession in Nigeria, we are witnesses to today’s bar strangers and corrupt senior Lawyers, that some of us are applauding for showing interest to lead the Bar, yet are busy bribing members with millions and millions of Naira, for members votes. There is no serious change that we will have, as long as we allow these corrupt senior Lawyers without any leadership experience, who are busy corrupting our young Lawyers with money and practice fee bribes, to lead the Bar and lead the change. No such change will ever come. “The Legal profession is at a crossroad. The Nigerian Bar Association, is inflicted with cancer that has spread all over the organs and the body. There are only two options- let the body die or carry out a stem cell transplant. Our problem is not our regulations and our laws. Our problems are Lawyers.” O.C.J. Okocha, SAN “I thank the NBA SLP, for organising the Conference and the selection of the Resource Persons to deal with the topics, all of whom are well versed in Election Matters Litigation. I then invited the audience to sit back and enjoy the intellectual feast. I conclude by thanking the Speakers, E. C. Ukala, SAN, D. C. Denwigwe, SAN and Wale Balogun, who represented Ahmed Raji, SAN, for their masterful presentations.” That the 2018 NBA SLP Port Harcourt was a qualified success, would be an understatement. Indeed most conferees agreed that it was an A-Class Conference, and that the SLP under Mrs. Mia Essien, SAN has set a pace for other NBA Sections.
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The Nigerian Bar Association’s Section on Legal Practice, held its Annual Conference themed “Re-thinking and Re-tooling Legal Practice for the Challenges of our Time”, from April 12-13, 2018 at the NBA House, Port Harcourt. Here are some of the Personalities that attended the photos: Kolawole Alli Conference...
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L-R: Yakubu Maikyau, SAN, Miannaya Essien, SAN, Hon. Justice A.A.B. Gumel, A.B. Mahmoud, SAN, Santhaan Krishanan, Hon. Justice B.A. Goergewill and Arthur Obi Okafor, SAN
L-R: Chile Okoroma, Charles Adeogun Phillips, Chairman of the Panelists, Chinwe Aguma, SAN, A.B. Mahmoud, SAN, Representative of Mahmoud Magaji, SAN, Afis A. Matanmi and NBA General Secretary, Isiaka Olagunju
L-R: Afam Osigwe, Olumide Akpata, Professor Ernest Ojukwu, SAN, Gadanya Aminu and Aliyu Nassarawa Ibrahim
L-R: Santhaan Krishanan, former NBA Presidents, T.J.O. Okpoko, SAN and OCJ, Okocha, SAN and Isiaka Olagunju
L-R: Former NBA President, Okey Wali, SAN, Chinwe Aguma, SAN
L-R: Uwa Etigwe, SAN, Yemi Candide-Johnson, SAN and Ayodele Akintunde, SAN
Justice Bilikisu Aliyu (left) and Justice A.T. Mohammed
L-R: Hon. Justice B.A. Goergewill, Chinwe Aguma, SAN and THISDAY Law Editor, Onikepo Braithwaite
Justice D.E. Adokeme and other judges
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L-R: Rivers State Chief Judge, Hon. Justice Adama Lamikanra, Bayelsa State Chief Judge, Hon. Justice Kate Abiri, Hon. Justice A.A.B. Gumel and Governor Nyesom Wike
L-R: Members 2018 Conference Planning Committee, Tonye Krukrubo, Florence Fiberesima, Justice T.B. Adegoke, Miannaya Essien, SAN, Omubo Frank-Briggs, Gloria Ohia, Cliord Sigalo, Oyinkansola BadejoOkusanya and Olusola Laniyan
L-R: OCJ Okocha, SAN, Boma Alabi and Emmanuel Ukala, SAN
L-R: Charles Adeogun Phillips, Jibrin Okutepa SAN and D.C.Denwigwe, SAN
Funmi Awomolo, SAN
Onikepo Braithwaite (left) and Miannaya Essien, SAN
Ramatu Umar Bako
Mallam Yusuf Ali, SAN (left) and George Etomi
Aleruchi Cookey-Gam
Norbeth G.Ayabotu (left) and Ibikiri Otorubio
L-R: NBA 3rd Vice President, Ben Oji, NBA Welfare Secretary, Adesina Adegbite and NBA Legal Adviser, R.O. Balogun
L-R: Oladipo Tolaosi, Professor Augustine Agom and Adedokun Makinde
14/THE LIGHTER SIDE
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LEGAL HUMOUR Q: What do you get if you put 100 lawyers in your basement? A: A whine cellar. Q: What do you call a lawyer gone bad? A: Your Honour. Q: What do you call a judge gone bad? A: Senator. Q: Have you heard about the lawyers’ word processor? A: No matter what font you select, everything comes out in fine print.
We Hold Your Brief TOBI SONIYI Dear Counsel, Please, your advice is needed on this. I participated in the ‘Save and Win’ promo, organised by Dante Savings and Loans Limited. I was issued a raffle ticket and the draw date was stated as February 24, 2018; the results were to be published in newspapers. I was away in the village on the draw day, for my father- in-law’s burial. I had forgotten about the raffle draw on my return to Lagos, because I was not contacted about winning. It was an old friend I ran into, that drew my attention to it recently, when he congratulated me on winning the 3rd consolation prize of N250,000. I didn’t know of this. The next day I went to their office, only to be told that I could no longer collect my prize, because they had returned it to their Head Office. I went to their Head Office in Victoria Island, where I was told to forget the money, as they had returned it to their treasury for future raffle draws. I actually created a scene in their office, until someone advised me to seek legal advice and redress. What should I do? Kindly, advice me, because I feel cheated. H. Egbuh, Makoko, Lagos.
Dear Mr. Egbuh, Given the provisions in the National Lottery Act, I doubt whether you have any good grounds to seek to claim the money. Although, you did not state in your mail whether the draws were published in the newspapers, the onus lay on you to check the newspapers, as advertised. However, the National Lottery Act, 2005 provides for unclaimed prizes in Section 31 (1-5). Specifically, Section 31(3) provides that a lottery operator, is at liberty to exercise discretion to retain any unclaimed prizes, after a period of 180 days, while Section 31(4) gives the lottery operator the discretion of whether to pay the prize or not, after 180 days. You did not state how many days after the draw day, that you went to claim your prize. Maybe it was on this basis, that they may have retained your prize money. However, I would advice that you get your Lawyer, to investigate whether they made the publication, as advertised. If they did not, that may provide you with a window, through which you can pursue this complaint legally.
Q: What's the difference between a good lawyer and a great lawyer? A: A good lawyer knows the law. A great lawyer knows the judge. Q: When lawyers die, why don't vultures eat them? A: Even a vulture has taste. Introduce lawyers "You are a cheat!" shouted the attorney to his opponent. "And you're a liar!" bellowed the opposition. Banging his gavel loudly, the judge interjected, "Now that both attorneys have been identified for the record, let's get on with the case." Stupid attorneys A lawyer was on his cell phone, calling a locksmith. "I locked my keys in my sports car!" said the nervous lawyer. "No problem, I should be there in about an hour," replied the locksmith. "Do you think you can make it a little sooner?" pleaded the lawyer. "My top is down and it’s starting to rain." Need a new lawyer Warning Signs that you Might Need a Different Lawyer 1. Your lawyer tells you that his last good case was of Budweiser. 2. When the prosecutors see your lawyer, they high-five each other. 3. Your lawyer picks the jury by playing "duck-duckgoose." 4. Your lawyer tells you that he has never told a lie. 5. A prison guard is shaving your head.
Court to Hear Alleged Breach of Contract Suit against Ecobank, April 24 Akinwale Akintunde Justice Olabisi Akinlade of a Lagos High Court sitting in Ikeja, has fixed April 24, 2018, to hear a suit filed by a Lagos-based property firm, Jetland Properties Limited against Ecobank Nigeria Limited. The property firm has dragged the Bank to court, for allegedly refusing to pay the agreed agency fees of N21 million after the sale of the property belonging to the Bank. Jetland Properties, in the suit filed on its behalf by Mr. Dipo Okpeseyi, SAN, is asking the court to enter judgement in its favour, by awarding the sum of N21 million being 4% agreed agency fees, and another N10 million being the cost of legal fees. The Claimant is also seeking an order of the court, for
award of interest on its agency fees of N21 million at 35% interest rate, from August, 2017 until judgement is delivered, and thereafter, at 15% rate per annum on the judgement sum until final liquidation. In its statement of claim, the firm stated that sometime in 2016, the Bank engaged its services to find a buyer for its property situate at Plot 7, Block 10, Layi Yusuf Crescent Lekki Phase 1, Lagos. The property firm, claimed that it commenced marketing and advertising the property, after the Bank instructed it through its then Acting Head, Ecobank Business Services (EBS), Mr. Mohammed Jalal, to facilitate the sale of the property, by sourcing for prospective purchasers. The Claimant said, in carrying out the Defendant's instructions,
REVIEW COSTS OF FILING CASES, TO ENABLE MORE ACCESS TO JUSTICE CONTINUED FROM PAGE 5 Mr. Babatunde Gbadamosi, who was the main Discussant, adduced reasons to the nation’s economic recession to loss of confidence in the system, in the ability of the authorities to provide a sound fiscal policy, and the Judiciary to be fair, just, and independent. Insisting that the country is not yet out of recession, Gbadamosi stated that the nation’s recession was self-inflicted, and that which could have been avoided in fiscal terms and management of the economy. “For the last two years, there has been undue interference in monetary policy issues by Government, leading to a self induced recession. He advised the authorities to clear abuses of monetary policies at the highest level, pointing out that “the authorities cannot explain why the Dollar has remained static in Nigeria, and while the Pound has been falling in other countries, it remains high in the country”. Gbadamosi said the task before the Legislature in this recession,
is to pass laws that will reduce the burden of the economy on the masses. He queried why a Legislator should earn as much as N13.4 million every month, and earn huge wardrobe allowances, adding that these allowances do not reflect the realities of the present day economy of the country. He described the public procurement law as vague, and stressed the need to carry out a comprehensive review of the law. In his remarks, Chairman of the occasion, Dele Adesina, SAN, described Asiwaju Benson as a hero not only in Ikorodu, but also in Yorubaland and in the legal profession. “Asiwaju Benson is a father and mentor in the profession, a true symbol of excellence in the legal profession. He is a relentless and uncompromised individual. This is why we chose to honour him while he is alive”, he said. Asiwaju Benson, in his remarks, thanked members of the Ikorodu Branch of the NBA for honouring him. He also thanked God for making him be part of the event.
it deployed all efforts and resources in search of a buyer for the said property, as the custom of its business as an Estate Agent. According the Claimant, the first offer of N500 million for the purchase of the said property by a prospective buyer which it secured, was rejected by the Bank. The firm said that, after several months of painstaking efforts and contacts with other Real Estate firms to find buyers as expected in its ordinary course of business, it got an offer from a prospective buyer through another Real Estate firm, Messrs Barin Epega & Co. The Claimant further stated that, it introduced the new prospective buyer of the property (Punuka Investment Ltd) to the Defendant, adding that upon finding a purchaser for the Defendant's property, it immediately wrote a letter dated November 14, 2016 to the Defendant, informing it of the prospective buyer and the consideration proposed in the sum of N525 million and of course, its agency fee of 5% of the purchase price of the said property. The property firm stated that, in response to its said letter, the Bank being fully aware of its instructions engaging it to find a buyer for its property, the Bank through its letter dated November 28, 2016, strangely stated its intention not to pay agency fees as agreed, despite the firm's efforts to secure the buyer. The Claimant stated that, it was surprised that after the completion of the transaction, the Bank has bluntly refused to pay the agreed 4% agency fees, inspite of its several letters requesting for the fees. Jetland Properties claimed that, it even wrote a petition to the Central Bank of Nigeria to intervene in the matter, all to no avail, as the Bank remained recalcitrant. The firm said that, the untoward practice on the part of the Bank, led it to engage the services of its Lawyer, Messrs Dipo Okpeseyi, SAN & Co, to help recover its 4% agency fees, which ought have been paid since July 2017. The Claimants however, are claiming before the court, the sum of N21 million at 35% interest rate per annum, being the total money from its 4% agency fees of N21 million, and N10 million being legal fees.
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Interception of Communication and the Right to Privacy: Legality or Otherwise Richmond Idaeho examines the concept of“Lawful Interception”of communication, which is the official access to private communications like telephone calls, emails and instant messages, stating that while it may be necessary in certain situations, especially to curb criminal activities, it must be utilised only for reasons that fall within the ambit of Section 45 of the 1999 Constitution
C Introduction
ommunication, is basic to human co-existence. It is the exchange of thoughts, ideas and information amongst people. The act of communication is natural, and the means through which it is done, is social. Society tends to regulate or limit, the extent to which certain communications can be made, in its bid to maintain order and social cohesion. Thus, the preservation of social harmony, is largely hinged on a successful prevention, elimination or reduction of crimes and criminal activities. In most cases, some of these activities are carried on with active communication through the internet or telephone lines. In Nigeria, the rate of kidnappings, indiscriminate killings, and the recent spike in terrorism is alarming. These security challenges prompted the Nigerian government, to introduce a law/regulation into the national communications and security system, for the purpose of intercepting communications and thus, monitoring criminal activities, especially those carried out through telecommunication (including the internet and social media). The Spectrum of Security System and Information Technology in Nigeria The Nigerian information technology and communication sectors, are largely regulated by the Nigerian Communications Commission (NCC). The NCC is empowered by Section 70 of the Nigerian Communications Act (“the Act”) to make regulations and guidelines for regulating licensees (telecommunication companies) in the communication sector. In exercise of this power, NCC has proposed a regulation, “Lawful Interception of Communications Regulations”, for interception of communications. Lawful Interception (LI) is “the mechanism and process of legally sanctioned official access to private communications, such as telephone calls or e-mail messages. In general, this is carried out under the legal mandates of a country by a network operator or service provider, who gives law enforcement officials access to the communications of private individuals or organisations.” (the Internet Society). The interception of communication systems by law enforcement, regulatory or administrative agencies, and intelligence services, is usually premised upon the provisions of the relevant national laws, otherwise known as “wiretapping”. Thus, LI can be seen in this light as a consequent extension of wiretapping to cover emerging communication channels. In Europe, Canada and the United States of America, LI is fundamentally entrenched in various local and international laws. It is important to point out that, not all interception by a law enforcement officer is lawful. To qualify as LI, the intervention must be lawful in the strict sense of the word. According to Technology Watch Report:
“For interception to be lawful, it must be conducted in accordance with national law, following due process after receiving proper authorisation from competent authorities.” In Nigeria, the NCC has taken steps in exercising its powers, as conferred on it by the combined effects of Sections 146 and 147 of the Act to intercept private communications. In furtherance of its powers, NCC has prescribes a fine of N5,000,000.00 (Five Million Naira) against any service provider or officer, who fails or neglects to comply with the provisions of the regulation, and a daily default penalty of N500,000.00 (Five Hundred Thousand Naira), if the offence is a continuing one. See Regulation 20 of the Draft “Lawful Interception of Communications Regulations”. The purport of LI is to enable the relevant agencies to obtain information on the identity of the target, as well as to have access to the content of a target’s communication, including communication by telephone, emails, instant messages, etc. for the purpose gathering intelligence information necessary for preventing or monitoring crimes. Does Lawful Interception Violate the Right of Privacy of Citizens? The inalienable natural rights of man, which includes right to life, liberty and property, necessitate what today we call fundamental rights as guaranteed by local and international legislations, some of which to wit are rights to life, liberty, human dignity, family and private life (privacy). Section 37 of the Constitution of the Federal Republic of Nigeria 1999, as amended (“the Constitution”), provides for the protection of the private and family lives of Nigerians. Against this background and considering the mechanics of LI, does the implementation of LI violate the citizens’ right to privacy? This fundamental question has remained unresolved, as arguments have been advanced in favour of both sides. Some proponents of LI, have argued that LI will not violate the right of privacy of
“LI SHOULD ONLY BE UNDERTAKEN ON COMMUNICATION, WHERE THERE IS CLEAR PROOF THAT THE REASON FOR SUCH INTERCEPTION FALLS WITHIN THE AMBITS OF SECTION 45 OF THE CONSTITUTION”
citizens, and that same will not compromise the integrity of internet/network service providers. Conversely, others have posited that the mere interception or tapping of people’s communication without their knowledge, would itself constitute a violation of their right to privacy as guaranteed and protected under the Constitution. In considering the above positions, we would defer to the provisions of Section 45 of the Constitution, which spells out certain exceptions and qualification to the fundamental right of privacy, and thus making LI a permissible invasion into the privacy of citizens. By virtue of Section 45 any law permitting LI for the purpose of the “interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom or other persons” would be valid. In other words, LI must be in furtherance of the above objectives, aimed at protecting the society from crimes and criminalities associated with the use of wired or wireless communication. In view of the above, the citizens in exercising their rights in the State, owe the State a corresponding duty. This duty becomes the collective security, morality and common interest of the State (in other words, the “rights” of the State), which when in conflict with the rights of the citizens, takes pre-eminence over those of the individuals. This position, which has been given legal effect in international and domestic laws, is drawn from the philosophical theories of the Social Contractarians, to the effect that the collective interests of the State, is paramount to those of the individual contracting parties (citizens), and as such, the right of the individual citizens should as a matter of necessity give way to the societal rights, that is the common social good. Thus, LI would be considered as one of such rights of the State, which is far and above those of the individuals. To this extent, LI, for the purpose of social security, could result in the infringement of the right of privacy of the citizens. But by virtue of the above provisions of the law, such infringement would be permissible where it is done “in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom or other persons”.
undertaken for reasons other than those permitted by law, such LI will not and cannot be lawful. Accordingly, it is posited that LI can therefore, be subject to misuse. In other words, it could be deployed by the wrong persons eg private individuals or public individuals for private purpose. Consequently, it is important that NCC considers the functionality of the system against the background of effective and efficient management of the technology. NCC, as well as telecommunication companies, must provide facilities in place to protect its information system and data base from any possible hijack by internet “experts” or private individuals. Any possible hijack of the data base, could result into “internet kidnapping” wherein unwholesome persons could exploit that avenue into obtaining ransom from unsuspecting individuals, as it was in the case of the wannacry (ransomware) episode. The possibility of this is not farfetched, as can be seen in the seemingly unending “cheat” codes (hacking of telecommunication internet service providers) available to users of telephone internet facilities. It extreme cases, there are instances where certain information obtained are used by private persons and/or investigators, for their selfish gains, e.g the Pellicano wiretap indictment. This situation can also be compared to the recent Panama Papers leak, and the Hillary Clinton private email saga, which more or less largely affected the outcome of the US Presidential elections in 2016. It is also important that, LI must guard against the access and use of confidential information of individuals in the society, for political gains. The motive for LI may be good, but nevertheless, LI is not immune from abuse, which could however, disqualify it from constituting a permissible act into an “infringement”. That is to say, it can be directed against unsuspecting citizens and unwarranted interception of private communications, which could thus, be classified as an authorised “unlawful” harassment. This could defeat the intendment of the legislature, and will constitute an impermissible infringement on the right of privacy of the citizens.
Evaluation and Conclusion Thus, a successful implementation of the LI policy, must be done in such a way that the privacy of the individual is not compromised. LI should only be undertaken on communication, where there is clear proof that the reason for such interception falls within the ambits of Section 45 of the Constitution. The system must also be sufficiently controlled and secured, so as to prevent it from possible misuse and hijack by private individuals or investigators. In summary, we would conclude with the following recommendation from the Internet Society: “We therefore, strongly recommend the conservative deployment of these technologies, targeted narrowly at the criminal element, rather than in a manner that is costly to the general public, and potentially harmful to the law- abiding citizen. We also recommend that governments that mandate interception Can Lawful Interception Remain “Lawful” services, materially contribute to the costs of their deployment, operation, and necessary in all Circumstances? We have considered above that LI when training of ISP [internet service providers] exercised in the context of Section 45 of and law enforcement staff.” Richmond Ekhosuehi Idaeho, ACIArb, the Constitution will qualify as permissible, however, it is not in all circumstances that Legal Practitioner, Jackson, Etti and Edu, LI will be lawful. In this regard, where LI is Lagos
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T H I S D AY ˾ TUESDAY APRIL 17, 2018
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T H I S D AY ˾ TUESDAY, APRIL 17, 2018
PROPERTY & ENVIRONMENT WASH Coordination Project Launches a Virtual Community of Practice Nigeria’s first learning platform on urban water, sanitation, and hygiene (WASH), a Community of Practice (CoP), has been launched to facilitate knowledge exchange within the country’s WASH sector. The CoP was launched by the WASH Coordination Project (WCP) in Lagos, recently. Bennett Oghifo reports
I
n August 2017, the Minister of Water Resources, Engineer Suleiman Adamu introduced the Community of Practice at the National Council of Water Resources, in Akure, Ondo State, and inaugurated a 10-person Steering Committee comprising of sector professionals in various relevant field of expertise and an adviser to the Committee. The CoP is focused on triggering improvements in four critical domains of utility operations: commercial viability; governance and social accountability; citizens’ engagement; and urban sanitation and hygiene. The website, which can be found at this link: https://www.urbanwashcop. ng, includes a Research Center with relevant WASH documents; a Practitioner’s Toolkit with a variety of tools for individuals involved in the provision of WASH services; and an Opportunities’ page with information on available jobs, tenders, as well as grants within the urban WASH sector in Nigeria; among numerous other resources on urban WASH.
In November 2017, with the support of the Steering Committee, the WASH Coordination Project made the CoP Online Learning Platform publicly available. According to Timeyin Uwejamomere, the WCP Chief of Party, utilities that have successfully implemented reforms and, as a result, are closer to offering sustainable services partly attribute this achievement to peer-to-peer learning and knowledge development support. Uwejamomere, therefore, hopes the CoP will serve as a learning platform for WASH practitioners to help Nigerian water utilities fast-track the implementation of needed reforms. In his speech, Engineer Dajan Hossana, the chairperson of the COP Steering Committee noted that the primary purpose of the website is to provide readily available and accessible information on best practices in the WASH sector though the framework of a self-sustaining, demand-driven, and locally appropriate platform to foster dialogue among practitioners to accelerate reforms in the sector.
WASH Manager USAID, Dr. Joachim Ezeji; Chief of Party, WASH Coordination Project (WCP), Mr. Timeyin Uwejamomere; Chairman, Community of Practice Steering Committee, Hosanna Dajan; Deputy Director / Acting National Project Coordinator of National Urban Water Sector Reform Project, Olabode Fashoyi and others at the Public presentation of Urban WASH Community of Practice in Lagos… recently
“The website serves as a resource center for Nigerian urban WASH stakeholders by providing a platform for disseminating practical and relevant information on WASH development, tools, and best practices,” he said. The WCP is a two-year project funded by the United States Agency for Interna-
tional Development (USAID) in Nigeria. The project seeks to achieve the dual benefits of improved health and well-being for Nigerians through increased and more financially sustainable access to WASH services, and to build the confidence of the public in the government’s ability to deliver basic services in Bauchi and Kaduna states.
The Development Innovations Group, a U.S.-based firm with offices in Kaduna and Bauchi is the prime implementer of the WCP. The WCP will support the maintenance of the website until the project ends on October 31, 2018, at which time, a Nigerian entity will become responsible for maintaining the online Com-
munity of Practice (CoP), while the Steering Committee(SC) continues to provide oversight on operations. In addition to supporting the WCP to make the CoP website available to the public, the Steering Committee has also worked with the WCP to develop a strategy and manual that will guide the operations of the Community of Practice. To ensure the Community of Practice for Urban WASH in Nigeria is as informative and useful as possible, the WASH Coordination Project (WCP) Team discussed its design with donors, government officials, development practitioners, utility management, civil society organization representatives, and other interested stakeholders across the country over the span of a year. Present at the launch in Lagos were Commissioners responsible for Water Resources in some of the 36 states, including Delta State Commissioner for Water Resources Development, Sir Okenmor Fidelis Tilije; the Permanent Secretary, Kaduna State Ministry of Water Resources, among others.
Repositioning FMBN for Affordable Mortgage Financing The aggressive delivery of an affordable housing for low and medium income earners appears to be the fulcrum on which the Federal Mortgage Bank of Nigeria (FMBN) is trying to reposition itself for leadership in mortgage financing, reports Ndubuisi Francis Despite being in existence for several decades, the FMBN has been plagued by a combination of long-standing structural, institutional and policy challenges, which have negatively impacted its performance. Among them include undercapitalisation, lack of appropriate legal frameworks to enforce compliance to the provisions of the National Housing Fund (NHF) Act, and a deficient corporate governance system that eroded the confidence of critical local and international stakeholders. But it does seem that a silver lining is in the horizon. Stakeholders in the housing sector agree that it has indeed been a good year for Nigeria’s foremost housing finance institution because of the innovative and progressive leadership of the new management team of the bank. As the Managing Director, Arch. Ahmed Musa Dangiwa and his management team mark one year of overseeing affairs at the bank, it is instructive that he had clearly outlined his mission for the housing sector in his inaugural
speech with an avowed commitment to pursue “a mortgage finance change agenda”, underscored by an aggressive multi-pronged strategy anchored on key priorities. These include the promotion of a sound corporate governance culture to ensure transparency and accountability, implementation of a robust enterprise-wide risk management framework and an aggressive debt recovery drive. Other key planks of the plan comprised cost containment to ensure judicious use of resources; improvement of stakeholder relationship as well as the automation of business processes. Performance indicators of the bank, one year down the line, seem to give practical expression of the aggressive implementation and effectiveness of the agenda which focuses on the delivery of affordable housing for low and medium income earners. In the last 12 months, FMBN disbursed N7.1 billion (about 10 per cent) of the cumulative N78.2 billion NHF mortgage loan, through which 993 Nigerians achieved their dream
Dangiwa
of becoming homeowners. Its Home Renovation Loan portfolio, which provides microfinance loans to improve housing conditions also grew from N2.1 billion to N9.9 billion and from just 2,579 beneficiaries to 11,927. FMBN funded housing units also rose from 20,435 to 25,850 while construction loan portfolio grew by N12.3 billion, a 16 per cent rise from N79.2 billion to N91.6 billion. Overall, a total of N27.2 billion was disbursed within the review period (15 per cent of the aggregate loan portfolio of N179.7 billion). The Bank’s process for the refund of NHF contributions
was also greatly revamped in response to the concern of retired workers. Within the past one year, the sum of N7.8 billion (42 per cent of a cumulative N18.6 billion) was refunded to 64,676 excontributors. The current leadership has brought refreshing dynamism and clarity of purpose to Nigeria’s premier housing finance institution. The management team not only displayed a quick understanding of these issues which torpedoed the performance of FMBN, but clear and quick in defining strategic actions to tackle them. It has done a good job of following through (at political and administrative levels), to earn good results. The N500bn recapitalisation drive A stakeholder rally to support the recapitalisation of FMBN from the current N5 billion capital base to at least N500 billion had been held. Even with the N5 billion capital base, only N2.5 billion or 50 per cent of it is paid-up. The Dangiwa-led management is spearheading the move to accelerate the final push to actualise the process
of recapitalisation. The drive is renewed via strategic stakeholders and public advocacy, effectively using public and media outings, meetings and events. In collaboration with the Ministry of Power, Works & Housing, politicians, housing industry leaders as well as influential persons in the executive and legislature are being wooed to secure their buy-in on the need to expand and strengthen the Bank’s financial capacity to deliver on its mandate of providing affordable housing.. Considering the overall benefits, the management’s push to actualise the longstanding recapitalisation plan is one that deserves the support of stakeholders to enable the Bank provide affordable mortgages to more Nigerians through social housing. . Reviewing the FMBN Act FMBN’s management team also did a good job of rallying stakeholder support for the Bill to review the extant FMBN Act before the National Assembly. The Bill is meant to usher in a comprehensive overhaul of FMBN and strengthen its board to make
it more effective by including stakeholders such as the Nigeria Labour Congress (NLC), Trade Union Congress (TUC), Nigeria Employers Consultative Association (NECA), etc. The Bill also supports the recapitalisation by prescribing a N500 billion share capital base with sole ownership. Dangiwa believes the bank should be wholly-owned by the federal government to avoid conflict of interest with co-owners--Central Bank of Nigeria (CBN) and Nigeria Social Insurance Trust Fund (NSITF). Building a New Culture of Corporate Governance FMBN has taken bold measures to strengthen the institutional system of rules, practices, and processes that guide the conduct of its operations as a necessary measure to win back the confidence of local and international investors as well as critical stakeholders in the industry. These include the adoption of a robust Corporate Governance Framework which was put together by a reputable consultancy firms affiliated to the Institute of Directors.
T H I S D AY ˾ TUESDAY APRIL 17, 2018
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BUSINESS/MONEYGUIDE
Elumelu Restates Commitment to Creating One Million Jobs in Africa The founder of the Tony Elumelu Foundation (TEF), Mr. Tony Elumelu has reiterated the resolve of his organisation to create over one million jobs and add $10 million in revenues to Africa. Elumelu said this at the State House in Nairobi recently, when he met President Uhuru Kenyatta of Kenya. According to a statement, Kenyatta commended the African philanthropy organisation for empowering young entrepreneurs. Elumelu said his organisation made a $100 million commit-
ment to identify, fund, train and empower 10,000 African entrepreneurs. “Our objective is to create over one million jobs and add $10 million in revenues to Africa’s economy over our ‘decade of entrepreneurship’ which started in 2015,� Elumelu added. The 74 entrepreneurs were part of a group of 1,000 selected from 150,000 applicants from the 54 African countries. Elumelu expressed optimism that the 74 will champion entrepreneurial development in Kenya and lend their support to local initiatives
that will drive inclusive growth and development. Earlier, the Kenya president said TEF is doing a good job by supporting growth. Kenyatta welcomed the selection of entrepreneurs from Kenya as this year’s members of the 4th cohort of the foundation’s entrepreneurship programme. “It is great to see Africans coming out forcibly to build [the continent] through initiatives such as this one. Our continent is endowed with massive resources; we do not have to always rely on support from elsewhere,� he said.
SunTrust Bank Bags ISO, PCI DSS Certifications Nume Ekeghe SunTrust Bank Nigeria Limited has been awarded ISO 2007:2013 and Payment Card Industry Data Security Standard (PCI DSS) Certification by the PECB Canada, one of the leading organisations in audit management systems and processes. The bank was awarded the ISO/IEC 27001:2013 Certification yesterday in Lagos after undergoing series of intense implementation exercise and audit processes which began in October 2017 last year. Speaking at the certificate presentation, the Managing Director/ Chief Executive Officer, Mr. Muhammad Jibrin said the certification was a proof of the bank’s commitment to provide all its customers with maximum protection. Jubrin said: “When we opened
our office for business in 2015, we actually promised that we would be technology-based banking. “Our commitment has been that we would ensure that we give priority to cyber security and even to physical security. “We also want to ensure that they are very efficient and more importantly, they must be highly secured.� “We believe to a large extent that our systems are the simplest and efficient across the industry. And today we are celebrating the certification of one of the most secured systems you can have across the industry.� He further pointed out that the feat could not have been achieved without the support from Digital Jewels Limited, which is an indigenous consulting firm that focuses on IT security, risk management governance and the rest.
He further added: “These standards are required for anyone who wants to make payments with cards and without these two certifications you would not be able to say you are highly secured in what you are doing. “This is the foundation and we believe we would ensure that our customers are protected from cyber-attack and the same time, we would ensure that this certification continues and we are committed to that ad we would continue to do that,� he added. On her part, the Managing Director Digital Jewels, Mrs. Adedoyin Odunfa said: “This is a real milestone and it is important to note that these milestones are not easy to achieve especially for such a young bank and clearly it demonstrates that SunTrust Bank understands that IT is the game changer today especially for financial services industry.�
Elumelu
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)
ARM Pension Promotes Investment Planning amongYouths Peter Uzoho Thousands of youths across the country converged in Lagos recently to partake in the sixth edition of ARM Pension ‘Run for the Future’, with winners going home with different prizes. The 10-kilometer exercise, which took place in major roads around the Mainland of the state is an annual physical exercise organised by the pension organisation to create awareness for healthy living, enhance longevity and promote investment culture among Nigerian youth. Participants at the run cut across professional and non-
professional athletes between the ages of 15 to 40 years who came from different states to compete. Speaking to journalists at the event, the Managing Director, ARM Pension, Mr. Wale Odutola, said the objective of the exercise was also to promote networking among the participants and to use the platform to talk to them about proper healthy living and lifestyle that enhanced their longevity as an individual. He stated that the previous editions were held on the Island of Lagos, and that this sixth edition was brought to the Mainland in response to agitations by those residing there, noting that another one
would be held by second quarter of the year. Prices won at the race by both the male and female participants ranged from vouchers, mobile phones, Television sets, among others. “Essentially, it’s to help people become fit and very healthy. The voucher is ultimately for you to make an investment. Of course, what we’re also doing is to try to promote financial planning and making investment savings for your future,� Durtola said. “For us as well, as an organisation, we are always looking into the future; we are always looking into how we can make tomorrow better.�
Afreximbank Pledges to Boost Africa’s Aviation Infrastructure As part of efforts to improve the air transport infrastructure in Africa the African Export Import Bank (Afreximbank) and the Russian Export Center (REC), recently embarked on a series roadshow to raise the profile of cutting-edge Russian aircraft and helicopters in Africa. The five-day roadshow, which took place in Nairobi, Kenya, through Kampala, Lagos, Abuja and Bamako, was intended to address limitations around the aviation sector, which is viewed as critical to achieving the continent’s trade, growth
and development objectives. The partnership was also aimed at reducing by 10 per cent, the cost of transportation which would increase trade by 25 per cent. Speaking at the roadshow in Lagos, Head, Client Relations, Afreximbank, Mr. Rene Awabeng, said the partnership gives key players in Africa’s aviation industry tremendous opportunities. He said the 17-year average fleet age of African airlines was the oldest of any world region, stressing that by showcasing
state-of-the-art and more fuelefficient aircraft and the newest helicopters, with their expertise and experience in aircraft finance, they can enable the upgrading of Africa’s aviation industry. “This upgrade is a key element in boosting economies and many industry sectors,� he said. Awabeng added: “We look forward to conversations with authorities and the aviation industry to discuss how their development plans and identify areas where they require funding and technical assistance.�
(MILLION NAIRA)
AUGUST 2017
26,821,446.81
---- Credit to Government (Net)
4,824,226.22
---- Memo: Credit to Govt. (Net) less FMA
7,834,536.74
---- Memo: Fed. and Mirror Accounts (FMA)
--3,010,310.52
---- Credit to Private Sector (CPS)
21,997,220.59
--Other Assets Net
--14,702,983.39
Reserve Money (Base Money)
5,486,804.65
--Currency in Circulation
1,868,735.07
--Banks Reserves
3,268,266.17 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹
Money Market Indicators (in Percentage) Month
August 2017
Inter-Bank Call Rate
22.63
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
13.35
Savings Deposit Rate
4.08
1 Month Deposit Rate
8.86
3 Months Deposit Rate
10.14
6 Months Deposit Rate
11.51
12 Months Deposit Rate
11.40
Prime Lending rate
17.69
Maximum Lending Rate
31.20
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE AS AT FRIDAY APRIL 13, 2018
The price of OPEC basket of fourteen crudes stood at $69.29 a barrel on Friday, compared with $68.73 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
Sterling Bank Grows Profit After Tax by 65% to N8.521bn Ȋ ȱ ȱ ȱ ȱ ȱ ȱ Goddy Egene Sterling Bank Plc yesterday reported a growth of 65 per cent in profit after tax (PAT) for the year ended December 31, 2018. The audited results of the bank showed PAT of N8.521 billion, up from N5.163 billion posted in the 2016. The profit was recorded from gross earnings of N133.490 billion in
2017, compared with N111.440 billion in 2016. The financial institution ended the year with net interest income of N50.180 billion, down from N55.990 billion, while impairment charges rose from N11.714 billion to N12.267 billion in 2017. Profit before tax grew from N6 billion to N8.606 billion, while PAT improved from N5.163 billion to N8.521 billion.
P R I C E S MAIN BOARD
F O R DEALS
Based on the results, the board of directors of the bank has recommended a dividend of two kobo per share for the shareholders’ approval. The former Managing Director/Chief Executive of Sterling Bank Plc, Mr. Yemi Adeola, had last year told shareholders that bank would aggressively grow its retail business through electronic channels over the
S E C U R I T I E S
MARKET PRICE
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next five years. According to him, the bank would continue to boost innovative banking, driven by market insights that would enable it serve its customers satisfactorily, implement significant investment in technologyled growth initiatives and accelerate the growth of its non-interest banking segment. Meanwhile, the JSE Securi-
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ties Exchange has lifted the technical suspension on Oando Plc. According to the South African bourse, it acted based on information from the Nigerian Stock Exchange (NSE), which is the primary listing of the Oando Plc. The NSE had last Wednesday lifted the technical suspension on the shares of the energy and gas company before reinstating the
O F
suspension some hours later. The Exchange said subse quent to the lifting of the technical suspension, on 11 April 2018, it received another communication from SEC to maintain the status quo prior to the Commission’s letter of 9 April 2018, (the technical suspension of trading in Oando’s shares.)
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MARKET NEWS
Uduk Assumes Duty as Acting DG of SEC Goddy Egene The new acting Director General (DG) of Securities and Exchange Commission(SEC) Mary Uduk, yesterday assumed duty as the boss of the capital market apex regulator. The Minister of Finance, Mrs. Kemi Adeosun, had last Friday, appointed Uduk as the new acting DG and redeployed Dr. Abdul Zubair, who had held that position since late November last year. The minister also appointed
Reginald Karawusa as acting Executive Commissioner, Legal and Enforcement; Isiyaku Tilde, acting Executive Commissioner, Operations and Henry Roland Adekunle, acting Executive Commissioner, Corporate Services. Adeosun had explained that Uduk’s appointment had become necessary to ensure effective regulation of the capital market. A source in SEC told THISDAY that Uduk had assumed office. “Although there was no formal ceremony but from
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
the body language of the acting DG, she is hitting the ground running. Being an insider, she is aware of the enormous task and she has already settled down to ensure she does not disappoint market stakeholders,” the source said. A shareholder and member of Independent Shareholders Association of Nigeria (ISAN), Moses Igbrude had said Uduk and her team should ensure effective regulation of the market. “The truth is that
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 13Apr-2018, unless otherwise stated.
confidence in the market has been very low since the suspension of Mounir Gwarzo. Zubair, who was acting before last Friday, did not do much, probably due to lack of a board. But now that the minister has also appointed three commissioners with Uduk as DG, they must work hard to restore investors’ confidence. But the minister should go a step further by prevailing on the federal government to constitute the board of SEC,” Igbrude said. According to him, given
the experiences of the Uduk and the three commissioners, they have the capacity to address all issues affecting investor confidence and ensure more participation in the market. “Having opened this year on positive to maintain the growth recorded last year, the market has remained very bearish in the last two months and one of the major reasons is the lack of direction from the market regulator. But I am confident the situation will change for the better now,” he added.
Also, a senior stockbroker, who spoke to THISDAY on the condition of anonymity said that the ultimate catalyst the market needed was a board for SEC. “The federal government, should, without delay constitute a board for the commission. So long as the commission is without a board, investor confidence will remain low and the regulator will lack the moral justification to enforce rules that have to do with corporate governance issues among others,” the broker 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 188.27 189.26 5.99% Nigeria International Debt Fund 244.14 243.16 5.14% 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 N/A N/A N/A ACAP Income Funds N/A N/A N/A 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 14.60% 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 157.38 158.17 3.64% AXA Mansard Money Market Fund 1.00 1.00 14.33% 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 12.32 12.63 11.09% Women's Investment Fund 103.41 106.06 2.76% 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 14.23% Coronation Balanced Fund 1.13 1.15 7.47% Coronation Fixed Income Fund 1.10 1.13 6.37% 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 1,136.98 1,138.14 -0.95% FBN Heritage Fund 148.32 149.62 6.39% FBN Money Market Fund 100.00 100.00 14.21% FBN Nigeria Eurobond (USD) Fund - Institutional $114.81 $115.36 1.68% FBN Nigeria Eurobond (USD) Fund - Retail $114.80 $115.36 1.78% FBN Nigeria Smart Beta Equity Fund 179.26 182.01 11.38% 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 2.99 2.99 3.88% 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 N/A N/A N/A Coral Income Fund N/A N/A N/A 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 14.02% 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 14.35% Vantage Balanced Fund 2.16 2.18 2.34% Vantage Guaranteed Income Fund 1.00 1.00 15.52% Kedari Investment Fund (KIF) 119.17 119.59 3.64%
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 1.18 1.20 2.81% Lotus Halal Fixed Income Fund 1,044.24 1,044.24 3.70% 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 16.03 16.18 13.75% Meristem Money Market Fund 10.00 10.00 13.66% 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 1.32 1.34 10.56% PACAM Fixed Income Fund 11.56 11.61 4.68% PACAM Money Market Fund 10.00 10.00 14.02% 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 140.03 142.59 8.77% 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 1.55 1.55 4.62% 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 2,350.39 2,371.04 4.81% Stanbic IBTC Bond Fund 182.38 182.38 3.36% Stanbic IBTC Ethical Fund 1.07 1.08 6.44% Stanbic IBTC Guaranteed Investment Fund 231.30 231.39 5.04% Stanbic IBTC Iman Fund 192.33 194.45 7.38% Stanbic IBTC Money Market Fund 100.00 100.00 14.19% Stanbic IBTC Nigerian Equity Fund 10,107.99 10,247.24 4.54% Stanbic IBTC Dollar Fund (USD) 1.08 1.08 2.23% 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 13.39 13.58 6.75% Zenith Ethical Fund 14.13 14.29 7.15% Zenith Income Fund 19.88 19.88 5.08% Zenith Money Market Fund 1.00 1.00 13.10%
REITS NAV Per Share
Yield / T-Rtn
10.00 134.63
-11.35% 1.64%
Bid Price
Offer Price
Yield / T-Rtn
12.53 156.93 116.15
12.63 160.30 118.32
3.35% 9.88% 6.32%
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
5.00 9.57 18.78 21.64 156.70
5.04 9.65 18.88 21.84 158.70
5.52% 0.00% 5.75% 9.94% 5.44%
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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INTERNATIONAL
email:foreigndesk@thisdaylive.com
Syria Air Strikes: Russia Denies Tampering with Suspected Chemical Attack Site Russian Foreign Minister Sergei Lavrov has on Monday denied that his country was interfering with evidence of a suspected chemical weapons attack in Syria after Britain said international inspectors were not granted access into the site in Douma. In an interview for BBC’s Hardtalk, Russian Foreign Minister Sergei Lavrov said: “I can guarantee that Russia has not tampered with the site.” Lavrov also said that the evidence of a chemical attack carried out by Syrian forces cited by Britain, France and the United States had been based“on media reports and social media”. He denied that any chemical attack had taken place, telling the BBC: “What did take place was the staged thing”. Russia has accused Britain of being involved in staging the attack.
Concern about tampering was raised by the US envoy to the international chemical weapons watchdog. International inspectors are trying to reach the site in Douma, near Damascus. The nine-strong team from the watchdog, the OPCW (Organisation for the Prohibition of Chemical Weapons), was told by Syrian and Russian officials in Damascus there were still“security issues to be worked out”, OPCW chief Ahmet Uzumcu said. Douma was a rebel stronghold at the time of the attack on 7 April and is now under the control of the Syrian government and Russian military. Mr Uzumcu was speaking as the start of OPCW emergency talks in The Hague. The OPCW was holding a closed-door meeting at its headquarters in The Hague on
Monday to discuss the alleged chemical attack, following air strikes on Syria by London, Paris and Washington on Saturday. Britain’s embassy to the Netherlands earlier on Monday said Russia and Syria have not yet allowed a fact-finding mission from the world’s chemical weapons watchdog to enter Douma. British ambassador Peter Wilson also urged the meeting “to act to hold perpetrators to account”, saying failure to do so “will only risk further barbaric use of chemical weapons, in Syria and beyond”. In her defence of her country’s involvement in the air strikes, UK Prime Minister Theresa May said it was to prevent “further human suffering”, as opposition parties said MPs should have been consulted in advance.
UK Legislators Publish Evidence that Cambridge Analytica Helped the Brexit Group British lawmakers on Monday published evidence that Brexit campaign group Leave. EU benefited from work by Cambridge Analytica, a political consultancy at the centre of a recent storm over use of Facebook data, according to Reuters report. Nigel Oakes, founder of SCL Group, the parent company of Cambridge Analytica, said the consultancy was lined up to do work with Leave.EU in the event that it was designated as the official campaign to leave the European Union, according to transcripts of interviews published by a parliamentary committee. Oakes said that “there was no contract and no money” but that they did do work to demonstrate
their capabilities. A transcript of another interview with Leave. EU official Andy Wigmore says the campaign group copied Cambridge Analytica’s methods. “Leave.EU benefited from their work with Cambridge Analytica
before the decision was made on which Leave campaign would receive the official designation for the referendum,” Damian Collins, chair of the Digital, Culture, Media and Sport Committee, said in a statement.
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NEWSXTRA
Troops Mobilised as Shiites, Police Clash in Abuja We won’t allow group to disturb Abuja’s peace, say police PDP demands probe of clash Onyebuchi Ezigbo, Olawale Ajimotokan ËØÎ Paul Obi ÓØ ÌßÔË Soldiers from the Brigade of Guards in Abuja were drafted as members of the Islamic Movement of Nigeria (IMN), also known as the Shiites, clashed with security operatives in Abuja streets yesterday. The clash resulted in scores of people sustaining various degrees of injuries. The Islamic sect members were demanding the release of their leader, Sheik Ibrahim El-Zakzaky, who has been in detention since December 2015. The riot started about 11 a.m. when the Shiite members gathered at the Unity Fountain on Shehu Shagari Way in defiance of an order by the FCT Police last Friday, who warned against protest and rallies at the venue. The infiltration of the sect members into Unity Fountain, in spite of heavy security presence at the spot, sealed off the area with crime scene tape, prompted policemen to lob several canisters of tear gas, rubber bullets and hot water to disperse the Shiite members. The FCT Police had banned the Shiite group, members of Bring Back our Girls (BBOG) and the Joint Health Sector
Union (JOHESU) from gathering at Unity Fountain. But the order was disobeyed by the Shiite members, who insisted it violated their fundamental rights to continue their daily sit-out around the fountain. As temper flared, they were emboldened as they hauled rocks at the security men while the clashes spread to the adjourning Aguiyi-Ironsi road. The protest erupted about the same time the United States/Nigeria Military Summit was taking place at the Transcorps Hilton Hotel. Businesses were disrupted for many hours, while motorists plying Gana road, Shehu Shagari road and Aguiyi Ironsi road, scampered for safety and diverted to alternative routes. As the protest escalated, the police resorted to using live bullets. The scene of the riot was reminiscent of a war zone. THISDAY observed that Channels Television crew that covered the protest were garbed with bullet proof vests and protective helmets. A window of the Nigerian Communications Commission (NCC) building was also shattered by a suspected stray bullet. With the police appearing
helpless, the intervention of soldiers from the Brigade of Guards doused the tension as the Shiites were finally overpowered. Many members of the sect were wounded and soaked in blood from injuries sustained in the melee. Scores of them were also arrested and bundled away in security vans. Meanwhile, the Nigerian Police has said it would not allow the Islamic group to break down law and order and disturb the peace and tranquility of the FCT. The Commissioner of Police, Sadiq Bello, told THISDAY that there was no iota of truth in the report that one person was killed during the protest. He said: “That is not true; one thing I know is that I didn’t get any report of anybody being killed. We
never used firearms, we only arrested about a hundred plus of the protesters. “We will not allow them (Shiites) to disturb the peace and tranquility of the city. You know it is the duty of the police to ensure law and order.” Bello explained that the decision to ban Shiites from protesting became imminent following the resort to violence by the group. He said: “This their protest was becoming something else, because they brought hoodlums that were on drugs, dancing, singing amd insulting leaders, so many things.” The CP explained that earlier, the group was peaceful amd were allowed to protest at the Unity Fountain, adding that, about a week or two weeks ago, they became
violent, “a situation, we can’t allow,” he added. Reacting to the protest which shut down some parts of Abuja, the Peoples Democratic Party (PDP) asked federal government to carry out an immediate inquest into the violent clash between security forces and members of the Shiite movement. The party said it was gravely worried over the handling of security in the nation’s capital and the near breakdown of law and order which resulted in a stampede and disruption of public and private businesses in the city centre. The opposition party noted that the development was linked with protests over the continued refusal of the All Progressives Congress (APC)-led federal government to release the leader of the
group, El-Zakzaky, despite being granted bail by courts of competent jurisdiction. The party frowned at the continued show of force and infringements on the rights of citizens by the APC administration. “The PDP and indeed all lovers of democracy across the country are deeply concerned by the continued erosion of democratic tenets by the APC administration, resulting in avoidable crisis in various parts of the country,” it said. PDP urged for calm while demanding for an immediate inquest into the cause of this clash. The party also urged the security high commands to ensure that this matter is nipped in the bud with the highest level of professionalism.
Senator Adeleke Writes PDP, Declares Governorship Ambition Ademola Adeleke, senator representing Osun west senatorial district, has declared his interest to contest the September 22 governorship election. Adeleke, according to The Cable, made this known in a letter he addressed to the Peoples Democratic Party (PDP). Aleleke, who has spent barely a year in the Senate, replaced Isiaka, his elder brother, who died in April 2017. A few days to the election, Adeleke defected from the All Progressives Congress (APC) to the PDP and still won. In his letter to the leadership
of the PDP, he said the decision to contest the gubernatorial election is born out of a conviction that he possesses “all it takes to unite leaders and members of our party as well as galvanise the general electorate towards ensuring a resounding victory for the PDP in the forthcoming poll. “In accordance with the directive of the leadership of our great party, I wish to respectfully express my intent to vie for the ticket of the party as its candidate in the Osun State governorship election holding on the September 22, 2018,” Adeleke wrote.
Gunmen in Kano Abduct German National, Kill Policeman Ibrahim Shuaibu ÓØ ËØÙ Gunmen yesterday abducted a German national, Mr. Michael Cremza, working with Dantata and Sawoe Construction Company in Kano. The gunmen also killed a policeman protecting the expatriate engineer before whisking him away. The police in Kano confirmed in a statement yesterday that the incident occurred at about 0745hrs along Sabon Titi Madobi Road in Kano. The armed gang of five men in a vehicle, ambushed
and opened fire on a vehicle conveying Cremza on his way to a construction site. The spokesman of the police, Magaji Musa Majia, said the command had since deployed powerful team of operatives and detectives to cordon off the axis with a view to arresting the culprits and rescuing the victim. He promised that manhunt for the abductors was ongoing. This incident is coming a week after the killing of a Syrian in the Kano metropolis and the abduction of his son by some gunmen.
RELEASE OUR LEADER NOW
Members of the Shiite group being teargased by the police during a protest in Abuja ....yesterday.
How Forensic Experts Helped Police Indict Danish Murder Suspect in Lagos Chiemelie Ezeobi Save for the help of forensic experts, Peter Nielson, a Danish, would have successfully covered up the alleged murder of his wife, Zainab, and their three-year-old daughter, Petra, at their Banana Island home in Lagos. THISDAY gathered yesterday that Nielson had gone at great lengths to cleverly wipe off traces of blood stains after he allegedly killed his wife and daughter. Giving an update on the murder case, the state Commissioner of Police, Imohimi Edgal, who said Nielson has been charged with first degree murder, revealed that forensic experts traced the blood with the use of special chemical reagents. He said forensic examination
of evidence from the Banana Island residence showed traces of blood stains that were cleverly wiped. The police boss added that the forensics helped with investigation because initial reports suggested that the woman was strangled and their daughter suffocated. However, the result of the autopsy conducted by the police showed that Zainab suffered trauma as a result of impact on her head, lending credence to the allegations by the deceased’s younger sister that the man hit her head on the wall repeatedly. Edgal said: “The autopsy revealed that Mrs. Nielson suffered trauma as a result of the impact on her head. Secondly, forensic experts revealed that there were blood stains from the couple’s bedroom to the
kitchen. “Though it was cleverly wiped from the floor, the experts were still able to detect it with the application of special chemical reagents. “In addition, blood stains were also discovered on the washhand basins and on the hand towel the suspect used in wiping his hands after the commission of the offence. “Although it was cleverly cleaned up as well, the experts were able to discover that too.” On cooperation from the Danish Embassy, the CP said the embassy has already provided legal representation for the suspect. He said: “I personally spoke with the ambassador apart from the official correspondence. They also arranged for counsel for their citizen, so they are
following the process very closely. “We did not parade the suspect for obvious reasons. Do not forget he’s not a Nigerian and so, there is diplomatic connotations. “This is a man being accused of first degree murder. So, it would have been wrong for the police who are going to prosecute him, to also begin to parade him before such prosecution. “However, he was charged to an open court. We are concerned with ensuring that he is diligently prosecuted and justice is done.” Nielson was charged to court last week to be remanded in prison custody until May 8, 2018, when the advice from the Directorate of Public Prosecution (DPP) would have been received.
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NEWSXTRA
Danbatta: Investments in Telecoms Have Hit $70bn, VAS $200m Says NCC is mediating in sector’s huge debt profile Chika Amanze-Nwachuku and Emma Okonji Notwithstanding the huge debt burden plaguing the Nigerian telecommunications industry, investments in the sector have jumped from $50 million in 2001 to over $70 billion as at September 2017, while the Value Added Service (VAS) segment of the telecoms market alone is worth over $200 million as at 2018, and is estimated to grow to $500 million by 2021. The Executive Vice Chairman of the Nigerian Communications Commission (NCC), Prof. Umar Garba Danbatta, disclosed this during an interactive session with journalists in Lagos yesterday. He attributed the growth in telecoms investment since 2001 to the adoption and implementation of global best practices and standards in telecoms regulation, but noted that the successes did not come without challenges. Danbatta, who admitted that the huge indebtedness of telecoms operators to their contractors on one hand, and among themselves in the area of interconnect debt on the other hand, was silent on the actual amount being owed. He, however, stated that the NCC is involved in mediations and arbitration to ensure that the huge debts are paid to forestall disruption of telecommunications services. “The debt profile in the telecoms sector is huge, but what we are doing is to mediate in order to ensure that these debts are paid, because a situation where those who are owing the money do not pay affects the services of those who are being owed, because there is need to invest to provide those services that the debtors need in order to survive. So we always encourage amicable settlements of debts.
“But the law establishing the commission empowers it to mediate, and arbitrate in many cases in order for us to ensure services are not disrupted. These efforts are going on behind the scene, we don’t talk about it, but the telcos which are here, will attest to this fact that the NCC is involved in mediations in order to settle the huge debt profile in the industry. “We have information in the NCC on how much each operator is owing, but we do not need to make it public because not paying cripples activities of those being owed. So the debt profile in the industry is very huge and something needs to be done to ensure it does not get out of control and hamper services in the telecoms sector, he said” Danbatta said the commission was aware of the huge debt, especially the debt owed contractors that have provided services to the telecoms for several years past, but pointed out that “the indebtedness is not peculiar to a particular telecoms operator, but cuts across all the operators.” He recalled that the 9mobile crisis was among the challenges that the sector grappled with recently but was elated that the issue was resolved with the intervention of the Central Bank of Nigeria (CBN). “We are witnesses to the challenge that faced one of our major service providers, 9mobile, but with the intervention of the NCC and the CBN, the country was saved the predicament of losing one of the key service providers,” he said. Danbatta restated commitment to ubiquitous broadband penetration across the country, in order to give all Nigerians cheap and easy access to Internet, while insisting that the 30 per cent broadband penetration target will be achieved before the end of 2018, having attained 22 per
THISDAY Reporter Wins Nordica Media Award A journalist with THISDAY Newspapers, Martins Ifijeh, has emerged the winner of the 2018 Nordica Media Merit Award (NMMA) - Print category for excellence in fertility reportage. Ifijeh, who won with his entry ‘The Fertility Dream,’ was announced as one of the three winners of the highly competitive annual awards at the Endometriosis Gala Night, organised by Nordica Fertility Centre in Lagos at the weekend. Other winners are Olasumbo Modupe of Lagos Television and Olajumoke Adebayo, a blogger. They won in the electronic and online category respectively. Ifijeh’s winning piece highlighted the travails of childless couples in Nigeria who spend lonely nights trying to figure out ways out of their reproductive health issue. The fellow of the International Centre for Journalists (ICFJ) has won a number of international
and local awards, including the 2017 Early Childhood Development Reporting Awards in Washington DC, United States, and the 2016 Nigerian Healthcare Excellence Award – Print category. The Managing Director, Nordica Fertility Centre, Dr. Abayomi Ajayi, described the award as part of the organisation’s efforts at rewarding excellence in fertility reportage in Nigeria, adding that such quality stories will help raise more awareness on reproductive health issues. The winners of each of the categories were given plaques and N250,000 cash prize. Members of the jury board included the Editor-in-Chief/ General Manager Publications, Vanguard Newspapers, Gbenga Adefaye; the Group Editor, The Nation Newspapers, Gbenga Omotosho, among others.
cent broadband penetration. “Our commitment to achieve the three ‘A’s of Availability, Accessibility and Affordability is hinged on broadband deployments across the country. The potential in broadband penetration is enormous, which explains why the entire global community is investing huge resources to exploit and
assimilate broadband that is expected to guide global economic index of development in the future,” Danbatta said. In order to further drive broadband penetration, Danbatta said the commission had to licence four Infrastructure Companies (InfraCos) to provide broadband infrastructure that would enhance broadband
rollout across the country. “With a combination of licences for infrastructure provisioning and spectrum auctions, and refarming of some of the existing spectrum to make them more efficient, we hope to attain the recommendation of the National Broadband Plan, and possibly surpass it by the end of 2018. The International Telecoms
Union (ITU) report credited to Nigeria, indicated a 22 per cent broadband penetration since 2017,” Danbatta added. NCC is therefore working assiduously to accomplish the 30 per cent national broadband target for 2018, as envisaged in the five- year National Broadband Plan (2013-2018), he added.
US Ambassador Preaches Hope, Nigeria’s Unity Beyond 2019 Ademola Babalola ÓØ ÌËÎËØ Apparently miffed by the lack of patriotism on the part of Nigerians to the development of the country, the United States Ambassador to Nigeria,Stuart Symington, yesterday preached the message of hope and prosperity of the country, with an appeal to all to have confidence in its growth and development. He said while it was true that talks over 2019 general election dot the landscape, he urged the people to join hands together and contribute meaningfully to the advancement of Nigeria. Symington who alluded to the diverse human and natural material resources that are abound from the North to the South of Nigeria, said in unity, love and oneness will Nigeria reach its destined height. He said Nigerians should rather be more concerned about the country being peaceful, united, secure and prosperous this year and beyond. The Nigeria of Symington’s dream, according to him, was a country boasted of rich human and natural resources, which can translate to advancement of ideas, stronger institutions that would make the country richer, stronger and more prosperous. He spoke at the University of Ibadan, at a dual event to commemorate the 2018 World Earth Day. Symington said once peaceful coexistence is sustained this year, he expected Nigerians to be able to make informed choices in the 2019 elections. He lauded the diversity, resilience, wisdom and energy of Nigerians as extraordinary, urging educational institutions to continue to produce the greatest products for the improvement of the country. Speaking further, he enjoined Nigerians to especially commit their lives to preserving the country’s land resources and treasures like lakes, lagoons, mounts, animals and forests. Especially, Symington urged Nigeria to preserve forests for agricultural production purposes as well as institutions like the International Institute of Tropical Agriculture (IITA) with its potential to generate agricultural innovations to meet Africa’s most pressing challenges of hunger, malnutrition and poverty. In addition to calling for the perseveration of the earth which
he described as a factory of life, Symington urged Nigerians to improve the earth and not deplete it. He bemoaned the herdsmen/ farmers clashes in Nigeria which he threatens the country’s coexistence, calling on government to regulate cattle rearing. Drawing from experience in the United States, Symington said the government and cattle owners could achieve a win-win situation if government took over the rearing of cattle using control ranches and gave returns to the cow owners. Vice Chancellor, University
of Ibadan, Professor Idowu Olayinka, represented by Deputy Vice Chancellor (Administration), Professor Emilolorun Aiyelari, decried desertification of forests and destruction of farms by grazing activities of herdsmen. He assured audience of the research collaboration between the University of Ibadan and the United States consulate towards addressing environmental problems, which he noted threatened the continued existence of humanity Olayinka said: “Many Nigerians will spend much of this year thinking about
what will happen in 2019. My mind said it is extraordinarily important for every Nigerian to spend this year thinking about what to do to make Nigeria more secure, peaceful, prosperous and united. “I don’t think Nigeria can lose a day or a year in its history by sitting down to find a solution to its problems and employment to that person looking for a job. We have a group called the Young African Leaders Initiative. Members of this movement exchange ideas about questions on development. The most important thing of all is Nigeria.”
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NEWSXTRA
Ambode: Tourism Contributed N800bn to Lagos GDP in 2017 Justifies demand to take over federal assets Gboyega Akinsanmi Lagos State Governor, Mr. Akinwunmi Ambode, yesterday disclosed that tourism sector contributed $2.2 billion (equivalent to N800 billion) to the state’s gross domestic product (GDP) in 2017, thereby representing 0.016 per cent of the GDP. Ambode, thus, justified the state unrelenting demand to take over National Stadium, National Theatre and National Museum which he said was designed to revolutionise the tourism potential of Nigeria. He gave the figure at the Lagos Tourism Summit held at Eko Hotels and Suites, Victoria Island, yesterday, noting that his administration had been developing critical infrastructure projects across the state to promote tourism sector. Alongside the governor, former President of Ghana, Mr. John Mahama; Minister of Information, Culture and Tourism, Alhaji Lai Mohammed, and Lagos State Commissioner for Tourism, Arts and Culture, Mr. Steve Ayorinde, among others attended the summit with the theme: ‘Destination Lagos: Towards a Sustainable
Tourism-Driven Economy’. Specifically, the governor acknowledged the essence of the tourism sector to the economy of the state, noting that his administration has already put tourism at the core of the growth strategy at this point in the development of the state. He disclosed that the tourism sector contributed about $2.2billion (N800 billion) to the state GDP in 2017, “and with the infrastructure and resources we are deploying in this sector, we expect this figure to double or triple in the next five years. “The enormous resources we have deployed in physical and social infrastructure across the state will begin to crystallise by December into mega structures that will support tourism and market our state as a smart destination,” he said. The governor acknowledged that the state had become the commercial and entertainment nerve-centre of Africa, adding that Lagos “is arguably the city best suited to promote the idea of an iconic super brand for the black race with our young and energetic population, coastal location and other natural resources.” He explained the need “to
build a solid infrastructure architecture that will endure. It must be safe and secure. It must provide functional and diverse venues for the arts, culture, festivals, creative industry, recreation and wildlife. It must constantly and productively engage with its critical stakeholders.” He, therefore, argued that the state’s tourism drive was the reason the state was reclaiming 50 hectares of land at the Oworonshoki end of the lagoon; clearing a whole stretch at the Badagry and Epe Marina, insisting that the state prime waterfront should not be taken over by shanties and slums. He, also, argued that the rationales explained why his administration embarked on
the aggressive construction of roads, fly-over and modern bus terminals, noting that the state was already preparing the ground for a major source of employment and prosperity. Ambode added that the state government was demanding “to take control of wasting federal assets like the National Arts Theatre, National Museum and National Stadium and possibly declare our intention to have the Murtala Mohammed International Airport concessioned to us. We are focused on our tourism sector.” The governor noted that the state unwavering commitment in changing the face of public transportation, committing more funds to providing
jetties and expanding access to waterways. We are driven only by the need to build and sustain the needed infrastructure upon which an enduring tourism landscape can stand and outlive our administration and those coming after us.” At the summit, former Ghanaian President, Mahama, said Lagos should learn from the success recorded in other climes, noting that the state could not develop tourism “to the level that it can become a key driver of our economy without developing solid infrastructure.” Mahama said Lagos “has the potential to emerge as a foremost destination for tourism development in Africa. With the billions of
dollars revolving in the sector across the world, and over 1.8 billion tourists, the state was heading in the right direction in its bid to become Africa’s tourism hub. “I have been following the progress Lagos has made on various fronts, and I join those who have celebrated Ambode for the contributions he has made within this short period to enhance the efforts and contributions of his predecessors. “If you look at about $7 trillion that is supposed to be earned from tourism, then definitely Lagos State positioning itself as a favourite destination for tourism in order to get a share of this huge cake is a very wise decision by Ambode and his team.”
PRESIDENCY REPORT REVEALS HOW SUSPENDED NEMA STAFF MAY HAVE SIPHONED BILLIONS OF NAIRA “And he was found to have withdrawn freely in cash, by electronic transfers or through ATM Machines, without any evidence of the money being used for NEMA activities. “Also, according to the report, his subordinate, the Zonal Accountant, also made several cash lodgements into the personal account of Emenike. About N238,000,000 has so far been traced from NEMA directly to Emenike’s personal accounts which were placed in fixed deposits and used freely by the Acting Director. “The report also revealed that the Director of Risk Reduction, Mr. Alhassan Nuhu, also maintained five bank accounts which were apparently used as conduits to receive and distribute money from NEMA coffers. “According to the report, so far, Mr. Nuhu has not been able to give satisfactory account of the transactions, including NEMA Funds moving through him to a company called Dambo Farms Limited. “The case of the pilot in charge of NEMA’s Air Ambulance is especially interesting. His name is Mamman Ali Ibrahim. On his own, he commercialised both the NEMA Air Ambulance and Helicopter. The report further indicates that EFCC traced at least N285 million to him, of which only N63 million was paid to the Accountant General’s Office and another N11 million was paid to NEMA, but the rest cannot be accounted for. “According to the report,
some of the money was however channeled to his family members through his company, Aerocare West Africa Limited, while others in foreign exchange were directly traced to the former DG’s accounts. “The report also indicted the Chief Maintenance Officer; Mr. Ganiyu Yunusa Deji who was in charge of fuel supplies to NEMA generators and was found to have been receiving regular returns into his personal account from the supplier, Rekimat Global Resource Limited. It was also noted in the report that since Mr. Ganiyu Yunusa was suspended, the fuel that used to last for one week now lasts for more than a month. “There is also the case of M. Kanar Mohammed, the Director of Welfare. His six bank accounts were found to be replete with NEMA funds, including a N214 million meant for displaced traditional rulers in the North-east, N184 million paid by him to one Crystal Chambers and N29.5 million paid by him to a former minister, Abdul Bulama. “The report, however, indicated that all the indicted officers are still under investigation mainly by EFCC and their suspension was obviously to ensure they don’t remain in office to tamper with evidence in the process of due investigation. “It is therefore expected that the final report of investigation will soon be ready, following which the seven NEMA suspended directors will face “for sure criminal prosecution.”
PRESENTING SCORECARD TO THE MEDIA
L-R: Director, Human Capital and Infrastructure Group, Nigerian Communications Commission (NCC), Maryam Bayi; Publisher the NewsGuru.Com, Mr. Mideno Bayagbon; Executive Vice Chairman/CEO, NCC, Prof. Umar Garba Danbatta; and Director, Public Affairs, NCC, Mr. Tony Ojobo, during an interactive session with the media in Lagos...yesterday
Court Fixes May 14 for Judgment on APC Tenure Elongation Saga Alex Enumah ÓØ ÌßÔË Justice Nnamdi Dimgba of the Federal High Court in Abuja has fixed May 14, 2018, for judgment on the suit challenging the tenure elongation of the National Working Committee (NWC ) of the All Progressives Congress (APC) headed by Chief John Odigie-Oyegun. Justice Dimgba announced the above date shortly after counsel to parties in the suit adopted and argued their written addresses. Following the decision of the National Executive Committee (NEC) of the APC at its meeting of February 27 to extend the tenure of members of the party’s NWC for another one year, some members of the party had approached the court to challenge the decision. The aggrieved members led by Ademorin Aliu Kioye had
on March 15, 2018, secured an ex- parte order directing the defendants to show cause why members of the NWC of the APC should not be barred from parading themselves as national officers of the party. Respondents in the suit include the Independent National Electoral Commission (INEC), APC, the National Chairman of APC, Oyegun, and the National Organising Secretary of the party, Senator Osita Izunaso. When the matter was called yesterday, Ahmed Raji (SAN), counsel to the plaintiff, informed the court that the matter was for hearing. He argued that the matter borders around section 223 of the constitution which fixes the tenure of elected officials of political parties to a maximum of four years. Raji said one of the questions the court should answer is
whether the provision of 223 of the constitution as regards tenure of political parties’ officials is mandatory. “We have argued that section 223 of the constitution is mandatory and the philosophy is to ensure political parties conduct their affairs in a democratic way because what you don’t have you cannot give,” he submitted. He argued further that the NEC decision to unilaterally extend the tenure of the NWC was contrary to section 223 of the constitution, and urged the court to avoid any interpretation that would render it useless. Raji also dismissed claim by the defendants that the issue is a domestic affairs of the APC and one that does not require the intervention of the court. Responding, the first defendant (INEC) said it remains neutral in the suit, but will abide by whatever decision reached by the court.
Other defendants, however, opposed the motion, and urged the court to dismiss the suit for being premature. According to Joseph Daudu SAN, counsel to the 2nd defendant, the plaintiffs’ suit is based on speculation as the NEC of the APC did not breach the party’s constitution or section 223 of the constitution of the Federal Republic of Nigeria. He added that the party itself is making efforts to resolve the issue. “If there is a breach of the party’s constitution then the court can be invited. Politicians should be allowed to do their job inasmuch as it is legal and within the ambit of the law,” he said. Similarly, Akin Olujimi SAN, counsel to the APC Chairman, Oyegun, while aligning himself with the submission of the 2nd defendant, urged the court not to engage in speculation.
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T H I S D AY ˾ TUESDAY, APRIL 17, 2018
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
Carl Ikeme Extols Wolves over Promotion to EPL
Recuperating Super Eagles goalkeeper, Carl Ikeme, has congratulated his Wolverhampton Wanderers teammates over the team’s return to the English Premier League. Ikeme recalled that his teammates stood firm and focused on their dream to get back to the elite division, noting that unity among the players played a key role in the long journey to glory. Wolves were relegated to the English Championship in 2012, but will be competing in the elite division after six years in the lower tier. Although Ikeme played no part in the team’s promotion
to the elite division having been diagnosed with an acute leukemia, but was full of praise for Nuno Espirito Santos’ side. “Congratulations to everyone involved with our great club. The hard work, loyalty and togetherness is something to savour,” Ikeme wrote on his Instagram page. Wolves defeated Birmingham City 2-0 to move 12 points clear of second placed Cardiff who have a game in hand. Wolves have 95 points from 43 games and will seal their promotion if they get at least a point in their next game against Bolton Wanderers on
Saturday. The ailing Nigerian goalkeeper, who played only in the World Cup 2018 opening group stage match against Zambia in Ndola will likely be the guest of honour on June 2nd at the high profile international friendly match between Super Eagles and host, England in the final build-up match to the World Cup final in Russia.
The goalkeeper is still receiving treatment for leukemia at The Christie Clinic in Manchester, England. In a similar development, Super Eagles forward, Kelechi Iheanacho, has congratulated his former club, Manchester City for winning the English Premier League. The Nigerian international said Manchester is Blue after Pep Guardiola led the side
to glory following their 3-1 win over Tottenham Hotspur on Saturday. City’s celebration was put on ice as the Etihad team waited to see the result between the second placed Manchester United and West Brom on Sunday. The shocking 1-0 defeat of United confirmed Guardiola’s men as champions of the 2017/18 EPL campaign.
Iheanacho who left City for Leicester City in August 2017, took to Twitter to congratulate his former teammates. “Congratulations to Manchester City, Premier League champions. Manchester is blue,” he said. Iheanacho joined City’s youth team in 2014 and graduated to the first team in 2015, he went on to make 46 appearances scoring 12 goals.
CAF CONFEDERATION CUP
Enyimba Throws Gates Open for Total Support against Bidvest Wits Akwa Utd appreciates Gov Udom, fans for success run Like Akwa United, Enyimba FC has also thrown open the gates for Wednesday’s CAF Confederation Cup playoff second leg against Bidvest Wits of South Africa in Calabar. The decision not to charge gate fees was reached by the Enyimba management and it is to appreciate the Calabar fans for their support of the team. “We want them to come out and enjoy a great game with us, to share in our moment of victory,” said club Chairman, Felix Anyansi-Agwu. “As they have always accepted us as their own, we invite the beautiful people of Calabar to come out and cheer on the team as we march into the Confederation Cup group stage.” Enyimba have made a home out of the U.J Esuene Stadium in Calabar since 2017, and will be once again banking on a massive support ahead of the second leg against the reigning South African champions on Wednesday. The first leg played on April 6 at the Milpark Stadium in Johannesburg ended 1-1, leaving the tie finely poised. Meanwhile, the management of Akwa United Football Club
has commended Governor Udom Emmanuel for the decision to offer citizens of the state a free access for the all important continental clash against El Hilal FC of Sudan on Wednesday. Speaking to journalists at the team’s training session at Uyo yesterday, Chairman of the Club Mr. Paul Bassey, said “the decision to open the gates free of any charge is borne out of Government desire to acquire maximum support for the team in the crucial encounter that will determine the team’s qualification for the group stage of the CAF Confederation Cup.” Perennial CAF Champions League campaigners El Hilal of Khartoum come to Uyo with a two-goal lead and Akwa United will have to score three to advance. “We know it will not be easy, but it can also be easy given the grace of God and the determination of the boys who are fired up to surmount the herculean hurdle, that is why we beseech our fans to turn up in great numbers on Wednesday to cheer us to victory,” the club chairman concluded.
Aiteo Takes over Nembe City FC Sponsorship As part of its Corporate Social Responsibility (CSR), oil exploration company and the lead sponsor of the Nigeria Football Federation (NFF), Aiteo, has undertake to sponsor Nembe City FC playing in the Nigeria Nationwide 1 league. It was learnt that part of the special concession the company reached with the Nembe community in Bayelsa State include renaming of the team as Aiteo-Nembe City FC. Other agreement reached with the community include; purchase of a Coaster bus for the team, depositing a
lump sum in the team’s bank account to register it for the Nationwide League. The oil giant is also to pay the players and coaching crew as well as provide Aiteo branded jersey (two sets for both home and away) and other accessories to the club. Since Aiteo made in-road to football sponsorship, the company has taken over the CAF Awards, the sponsorship of the Nigeria’s oldest football competition, the Aiteo Federation Cup, payment of the Super Eagles coaches as well as becoming the lead sponsor of the NFF.
Argentine Captain, Lionel Messi, scored one of his two goals via free kick in the 3-2 win against Super Eagles of Nigeria at the last World Cup finals in Brazil
Argentines Celebrate Barca’s Exit from UCL for W’Cup Glory Femi Solaja While millions of FC Barcelona fans worldwide are yet to come to terms with the team’s quarter final exit from the UEFA Champions League last Tuesday, Argentina’s football fans and media are delighted with the fate that befell the Catalan side. They reasoned that the painful exit of the former champions from the competition will enabled their recuperating super star and five-time Ballon Dor winner, Lionel Messi recovers fully and be ready to face Nigeria and other foes at the World Cup in Russia beginning June 12. Argentina is hoping Messi would be fresh enough to lead them to the World Cup glory. A prominent newspaper Ole wrote that ‘Fatigued, Messi didn’t show up for Barcelona
and they suffered a historic elimination against Roma. He will reach Russia with less stress on his body but with the disappointment of missing the final rounds of the Champions League.’ “Perhaps the most important thing is that he can definitively recover from his hamstring problem, which doesn’t allow him to play normally,” he paper stated in its editorial. Another major media, Clarin, said that “national team needed Leo out of the Champions League. He was playing on the verge of a muscle injury and now we must prioritise his physical state over that of the soul.” For La Nacion: “It can do his body good to lighten the load in the face of the World Cup. But this slap doesn’t help the footballing prestige of Messi, or Barcelona.
As many of their successes and disappointments are also his. Beyond saving energy, these defeats are unsettling. “(Jorge)Sampaoli won’t be worried as he believes Messi’s competitive genes will keep him out of harm’s way. Messi is obsessed with Russia and that voracity won’t be stopped by a surprise elimination,” the medium noted. With Barcelona’s Champions League elimination, Messi will now resort to managing his playing time for the club to ensure they get the needed seven more points to rap up Laliga glory and concentrate on the final match against Sevilla in the Copa Del Rey which comes up this Saturday in Madrid. It is expected that after next weekend final in the Spanish FA, the mercurial players will play less for the team and be
focused to shine at the World Cup finals which probably might be his last. For now only three foes including Nigeria are confirmed to play the South American nation in the group stage of the tournament and Eagles’ coach, Gernot Rohr, is already hoping that Argentina wins its first two games and thus excuse Messi from the final group match against his team. “If Argentina wins its first two games, Messi may not want to play against us, that’s another possibility,” Rohr was quoted by www. fcbarcelonalive.com. With this calculation, the Super Eagles coach hopes that Argentina will tame Iceland in the opening match and win again against Croatia in the second game before facing Nigeria in the last group tie.
NBC, Coca-Cola Present World Cup Tickets to Winners The Management of nonalcoholic beverage giant, Nigerian Bottling Company Limited, NBC and Coca-Cola Nigeria have presented World Cup tickets to two lucky winners in the ongoing “Score A Trip to Russia.” Promotion. The names of winners presented with the ticket at NBC head office, Iddo, Lagos are Fashola Moruf Adeyinka and Benjamin Muo. The ‘Score A Trip to Russia’ campaign is an ongoing
promotion put together by NBC/Coca-Cola, to reward esteemed consumerswith an all-expense paid trip to Russia 2018 to watch the FIFA World Cup matches which begin in June. Speaking during the presentation of the tickets to the winners, the Managing Director of Nigerian Bottling Company Limited (NBC), George Polymenakos described the promotion as an initiative to reward consumers who are desirous
of experiencing the excitement of watching the 2018 FIFA World Cup live in Russia. Polymenakos noted that in addition to the trip to Russia, the winners of the promotion would have the unique privilege to enjoy numerous special experiences including a hangout with the Super Eagles, a 7-day boat trip experience from Stockholm to Russia and back to Stockholm as well as a glorious opportunity to hold the Nigerian flag when the
Super Eagles team confront Croatia in their first encounter at the tournament. To participate in the promo and stand the chance to win a trip to Russia, consumers only need to buy any of the various Coca- Cola products, look under the crown to get a code, text the code to 5453 and then follow the SMS responses. A total of 22 lucky winners are expected to emerge after the draw which runs between March 23 and May 4, 2018.
Tuesday April 17, 2018
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MISSILE Yakassai to North
“What happened in 2015 where the majority of southerners resident in the North were scared away from their places of residence, where they had registered, to their places of origin and therefore could not have the opportunity to vote, was rigging.” – Elder statesman, Alhaji Tanko Yakassai, alleging that the 2015 poll was rigged in the North.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Section 5 and the Mohammed Bello Adoke Case
H
is Lordship Justice Binta Nyako at the Federal High Court sitting in the Federal Capital Territory last Friday, gave an instructive, landmark judgment in the matter between Mohammed Bello Adoke and the Attorney General of the Federation on the extent of Presidential powers. I had addressed this particular subject in a previous essay titled “Obasanjo and the extent of presidential powers” (January 29, 2018) when President Obasanjo argued forcefully that President Muhammadu Buhari must be prepared to accept responsibility for the failings and failures of his government and stop blaming previous governments or political leaders. What Justice Binta Nyako has done in the suit titled FHC/ ABJ/94/446/2017 re: Mohammed Adoke vs Attorney General of the Federation is to give a judicial stamp to the theoretical views expressed in that earlier essay and even an earlier one preceding it. I could not previously comment on the details of such matters before the court, in order not to run foul of the rules of contempt, ex facie curia, but it seems to me that Justice Binta Nyako with her ruling affirming the extent of presidential powers has enriched our jurisprudence. Except there is any earlier precedence under the 1999 Constitution, this must be taken as a locus classicus, and how it plays out in our jurisprudence should be of both theoretical and practical interest. Further, Justice Binta Nyako has upheld the potency of Section 5 of the Constitution, which vests the powers of the President of Nigeria under the 1999 Constitution, in his person and not in institutions. The meaning here is clarified in Section 148 which allows the President to delegate his authority. Justice Binta Nyako ruled that where the President’s delegated authority is carried out lawfully and with consequent approvals, the person exercising that delegated authority is free of any liability. This is a technical point of law, which further establishes a trite point about the relationship between an agent and a principal. In this matter, Mohammed Bello Adoke is the agent and President Goodluck Jonathan and the Federal Government of Nigeria (of which Jonathan was Head of State and Head of Government) exercising powers granted under the Constitution, are the disclosed principals. Nyako’s ruling is important in part, also, because following the displacement in 2015 of the then ruling Peoples Democratic Party (PDP) by the All Progressives Congress (APC), the new power brokers at the centre simply adopted the notion that anybody close to Jonathan must be corrupt. Even where and when they have plausible reasons for investigation, or prosecution, their partisan, accusatorial, selective, and vindictive approach has ruined what could otherwise have been a worthy governance issue. Making the fight against corruption look like an attempt to destroy Jonathan by all means has in the last one year backfired. Justice Nyako’s ruling of course has nothing to do with politics: it is about what the law says. In the other matter of Colonel Sambo Dasuki, Jonathan’s National Security Adviser (NSA), for example, and in similar other matters involving President Jonathan’s agents, the defendant(s) simply need(s) to prove that he or she acted in line with the directives and
Adoke approvals of the President and that would be the end of the matter. I should also add that members of the Buhari administration may in the future find themselves quoting this same Nyako ruling, except it is upturned, as the main cover available to them for lawfully carrying out Presidential directives. It is useful always when the Constitution is tested. It should therefore be seen as a good development that Section 5 of our 1999 Constitution is now being tested, given the enormous powers at the disposal of the Nigerian President and his agents. Mohammed Bello Adoke wherever he may be, must be happy with the outcome of this case that he instituted on the extent of presidential powers. I know him – we served in the same government - and I know he has been on selfimposed exile, away from the unhealthy political environment imposed by the ruling APC. Adoke has also been the target of all kinds of charges, obviously the effect of the attempt by the ruling APC to denigrate some of the shining stars in the Jonathan government. Adoke was definitely a shining star, one of the many who were in the Jonathan government: men and women who not only boasted of first-rate education, but who were internationally regarded for their talents and accomplishments. At the risk of sounding like someone who was involved, and probably making a passionate assessment, I will like to throw up a point: that in the last 35 years or so, President Ibrahim Babangida, President Olusegun Obasanjo and President Goodluck Jonathan recruited into the Federal Government at all levels some of the best and the brightest that Nigeria has ever offered. What each one of these three political leaders did or achieved with the talents at their disposal, however, or the quality of their individual efforts, is something we can debate. Back to Adoke: whatever the state may be afflicting him with today, I can attest that he was an asset to the Jonathan government and an asset to the Nigerian state itself. The substantive issue before Justice Binta Nyako was the Constitutional interpretation of Sections 5(1), 147, 148 and 150 of the 1999 Constitution but underlying it is the matter of OPL 245 or what is more popularly known as the Malabu Oil deal, and Attorney-General Mohammed Bello Adoke’s role. The Malabu oil deal is a
case that spans the life-time of five successive governments – from Abacha to Abdusalami to Obasanjo to Yar’Adua to Jonathan but only the last phase of it is the subject of the Buhari government’s interest. What is the role of previous governments and Presidents and their agents? In many press releases, Mohammed Bello Adoke who was Jonathan’s Attorney-General insisted that he acted based on Presidential directives and that he did no wrong and that if anything, he helped Nigeria to retrieve money and save litigation costs. It is noteworthy that some currently serving public officials are trying to pay something even higher for that same transaction that has since been paid for, completed and closed. Nigeria owes Kemi Adeosun, the current Minister of Finance, a debt of gratitude for blocking that curious attempt to obtain from the Nigerian Government under false pretence, and M.B. Adoke for acting in accordance with the law as affirmed by Justice Binta Nyako’s court. Nyako’s court gave declaratory orders, which I hope the Federal Government will respect. Should the contrary be the case, the present Attorney-General, Abubakar Malami, whose office is already in danger of being accused of persecution of political opponents, has the option of testing the Constitution further. It will be clearly within his prerogative to do so and a plus for our jurisprudence. But let him note this: the position of the Attorney-General of the Federation and Minister of Justice is a constitutional position, perhaps the only Ministerial position that is so expressly recognized. This is probably the same reason why everyone who occupies that position must be concerned about his or her legacy. Her- yes- Nigeria is yet to appoint a female Attorney-General of the Federation and Minister of Justice but it should happen someday in the future. What will be Malami’s legacy as Attorney General of the Federation and Minister of Justice? I mentioned earlier that I worked with Mohammed Bello Adoke. He was a very influential man in the Jonathan government. He was so involved that he even occasionally wrote drafts of presidential speeches, and I had to warn him to focus on the law and not dabble into the work of night-soil men. His usual defence was that he was only concerned about matters of the law, and he needed to be sure that his principal, his favourite name for President Jonathan, did not violate the Constitution. He distanced himself from politics, because in his view, an Attorney-General of the Federation must be non-partisan. “I am a Constitutional purist”, he always said and “my job is to ensure that the President acts in accordance with the laws of Nigeria.” President Jonathan had many officers like that who would insist on their professionalism, and their understanding of rules, best practices, and standards. Their story, individually and collectively, will be told. In Adoke’s case, the fact that he is now on self-imposed exile, and his political persecution, draw attention away from his outstanding achievements as Attorney General and Minister of Justice. It was under his watch that the Freedom of Information Law was passed in 2011, and the Administration of Criminal Justice Act in 2015 - two laws that are now being used to prosecute cases against the same
government and the same persons that made them! Mohammed Adoke was leader of the Nigerian delegation to the Nigeria-Cameroon Boundary Commission and leader of the same delegation to the follow-up committee on the UN implementation of the Green Tree Agreement that brought the ICJ judgment on the Bakassi peninsula to a peaceful resolution. He also presided over the reform of the Evidence Act, 2011, and the Terrorism Prevention Act of 2011, and its 2013 amendment. He was elected during this period as a member of the International Law Commission- a United Nations body of selected 34 experts across the world. President Jonathan, given his respect for the law and due process, regularly sought Adoke’s counsel. Adoke’s tongue is sweet-coated but when it comes to matters of the law, he removes the sugar and says it as it is. President Jonathan respected him for that. When the Federal Executive Council decided to impose a state of emergency in parts of the North East, in the wake of the Chibok girls’ crisis, and there were complaints about the failure of the Governors in that part of the country, there was a demand that the Governors should be removed. Adoke put his feet down. He said a state of emergency could be declared but it would be unconstitutional to displace the political authorities. Some other lawyers in the Cabinet, holding other portfolios insisted that President Olusegun Obasanjo, during his tenure, declared a state of emergency in two states and removed the Governors. Adoke argued that Obasanjo was wrong and that such precedents could not stand. He won the argument. The Governors in the North East kept their seats, but a state of emergency was declared. When Nyesom Wike was to be sworn in as Governor of Rivers state, there was no Chief Judge of Rivers State in office. Adoke had to argue that a Chief Judge from a neighbouring state could do the job. And that was what happened. When Adams Oshiomhole as Governor of Edo State wanted to sign death penalty warrants for condemned persons in his state, Mr. Adoke had to remind Edo State that the Nigerian Government was on a self-imposed moratorium on the death penalty. This brought him in conflict with the then Edo State Governor. He held his ground. Oshiomhole signed the warrants anyway. Adoke understood the powers of his office and he hid under the purity of the law to exercise those powers. But for all that he has done for Nigeria, it is unfortunate that the only thing many know about him is OPL 245. That is just the way it is in our country. We destroy, persecute and humiliate our best talents, for nothing other than political reasons. But the judiciary is gradually finding its voice and standing up in the defence of the law and the rights of persons (see Reuben Abati, “Judges, the law and our democracy”, ThisDay, back-page, February 20, 2018). The ruling by His Lordship Justice Binta Nyako is the latest in this regard. Whatever the colour of the party in power, the judiciary remains the last hope of the common man, the aggrieved and the victim of persecution. In a country where noise is more important than reason, where allegations are packaged as truth, and villains behave like victims, the judiciary should always seek to remain the voice of reason, truth, justice, equity and good conscience - against all odds.
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