In Damning Report, US Says Impunity, Massive Corruption Still Prevalent in Nigeria Shiite, IPOB extrajudicial killings, Dasuki’s detention cited as rights abuses, violation of rule of law Tobi Soniyi in Lagos The United States Department of State has again issued a damning assessment of Nigeria under the leadership of President Muhammadu Buhari in its 2017 Country Report on Human Rights released last Friday in Washington D.C.
In the 48-page report posted on the website of the State Department, the U.S. government said impunity remained widespread at all levels of government in
Nigeria, further noting that the Buhari-led administration lacked transparency. A copy of the report obtained by THISDAY, added that government officials
engaged in massive corruption. Corruption, the report said, was not limited to government officials but very rampant among the security agencies. The report stated: “Although
the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt
2019 Election Will Be Tough, Oyegun Admits... Page 41
practices with impunity. “Massive, widespread, and pervasive corruption affected all levels of government and the security services.� On the anti-corruption agencies, the report noted that although Independent Continued on page 10
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N’Assembly, Executive Head for Showdown over Unapproved $496m Withdrawal from ECA PDP, lawmakers call for sanctions against Buhari Damilola Oyedele and Onyebuchi Ezigbo in Abuja Lawmakers in both chambers of the National Assembly are set to take on the Executive over the withdrawal of $496 million (N151.4 billion) from the Excess Crude Account (ECA) for the procurement of 12 Super Tucano aircraft from the United States government without appropriation by the federal legislature.
Citing the need to meet the deadline given by the U.S. government for the aircraft order, President Muhammadu Buhari had given anticipatory approval for the withdrawal of the said sum from the ECA and transferred it to the U.S. Treasury in February 2018 without recourse to the National Assembly. THISDAY had exclusively Continued on page 10
Drama as Melaye is Stopped from Travelling, Police, DSS Lay Siege to His House Damilola Oyedele and Paul Obi in Abuja It was high drama yesterday when officials of the Nigeria Immigration Service (NIS) prevented the embattled senator representing Kogi West in the National Assembly, Dino Melaye, from travelling outside the country, then released him, only for the police and operatives of the Department of State Services (DSS) to lay siege to his Maitama residence in Abuja. Melaye, who was travelling to Morocco on an official
assignment as part of a delegation which had the Deputy President of the Senate, Senator Ike Ekweremadu, said he was arrested by NIS officials after he had checked in. The embattled senator, who has been engaged in a running battle with his state governor, Mr. Yahaya Bello, was recently declared wanted by the Nigeria Police after he was accused of supplying firearms to some murder suspects who allegedly implicated him. He however denied the Continued on page 40
UBA REWARDS ITS SHAREHOLDERS... L-R: Group Managing Director/CEO, United Bank for Africa (UBA) Plc, Mr. Kennedy Uzoka; Group Chairman, UBA, Mr. Tony Elumelu; Company Secretary, Mr. Bili Odum; and Group Deputy Managing Director, Mr. Victor Osadolor, at the 56th Annual General Meeting of UBA, held in Lagos‌ yesterday
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PAGE TEN N’ASSEMBLY, EXECUTIVE HEAD FOR SHOWDOWN OVER UNAPPROVED $496M WITHDRAWAL FROM ECA reported yesterday that Buhari had written to the leadership of the legislature on April 13 and by his own admission stated that he had given anticipatory approval for the withdrawal of the $496 million for the 12 Embraer manufactured fighter aircraft. In the letter obtained by THISDAY, Buhari had said he was seeking the inclusion of the amount in the 2018 Appropriation Bill that the National Assembly was finalising, further explaining that the U.S. government had given a payment deadline for the aircraft purchase, otherwise, the contract would lapse. Buhari had written: “It would be recalled that, for a number of years, Nigeria had been in discussions with the United States Government for the purchase of Super Tucano Aircraft under a direct Government-to-Government arrangement. Recently, approval was finally granted by the United States Government, but with a deadline within which part payment must be made otherwise, the contract would lapse. “In the expectation that the National Assembly would have no objection to the purchase of this highly specialised aircraft, which is critical to national security, I granted anticipatory approval for the release of US$496,374,470.00. This was paid directly to the treasury of the United States Government. “I am therefore writing, seeking approval of this House for the sum of US$496,374,470.00 (equivalent to N151,394,421,335.00) to be included in the 2018 Appropriation Bill, which the National Assembly is currently finalising. The balance of the requirements for critical operational equipment is still being collated from the different security services and will be presented in the form of a Supplementary Appropriation Bill, in due course.” The president’s letter helped to expose the lie propagated by the presidency, which had insisted a few weeks ago that Buhari had not ordered the
withdrawal of $1 billion from the ECA for the procurement of arms to fight the insurgency in the North-east and would not do so until he had obtained the approval of the National Assembly. THISDAY gathered that the clear constitutional breach would be discussed in both chambers today or during the week. Already, both chambers of the National Assembly had summoned the Minister of Finance, Mrs. Kemi Adeosun, her defence ministry counterpart, Brigadier-General Mansur Dan Ali (rtd.), the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, and the Accountant General of the Federation, Mr. Ahmed Idris, on the issue. They are expected to appear before the Committees on Appropriation later this week. THISDAY further gathered that a joint meeting of the leadership of the National Assembly was scheduled to hold last night where the matter was likely to top the agenda. According to a highly placed source in the legislature, close aides of the president were worried yesterday that the constitutional breach and attempt by the presidency to misinform the public was now in the public domain, particularly the admission in writing by Buhari that he had given anticipatory approval for the withdrawal of the $496 million from the ECA without legislative backing. The source disclosed that the president’s aides had started to reach out to the National Assembly leadership to see how to minimise the damage to Buhari. “He was supposed to have stayed back in London (where he had gone to attend the Commonwealth Heads of Government Meeting (CHOGM), and head to the U.S. to meet Trump (U.S. President Donald Trump). Remember there was no date released to Nigerians on when he would return from London. “But this issue has forced Mr. President to come back to see how the situation can be managed,” the source explained.
L-R: Wife of former Ebonyi Governor, Mrs. Eunice Egwu; father of the bride and former Cross River State Governor, Donald Duke; newly wed couple, Derin (DJ Caise) and Xerona Phillips; a guest; and the bride’s mother, Onari Duke, at wedding reception for Derin and Xerona held at Federal Palace Hotel, Victoria Island, Lagos… weekend mubo peters But even as some lawmakers on the platform of the All Progressives Congress (APC) were of the view that an unlawful act had been committed, they stopped short of calling for the president to be sanctioned. On the other hand, lawmakers of the opposition Peoples Democratic Party (PDP) were determined to tackle the president on the matter on the grounds that the un-appropriated expenditure was an impeachable offence. PDP members in both legislative chambers were of the opinion that the administration, which claims to uphold the rule of law, had perpetrated a major illegality. Commenting on the issue, Senator Ibrahim Abdullahi Danbaba (Sokoto, APC) said it was not legal for the president to unilaterally dip his hand into the ECA. “The amount in the ECA is a pool that ought to be credited to the Federation Account for the benefit of all tiers of government and others, in
accordance with the revenue sharing formula. The funds are yet to be appropriated at the various levels,” he said. Danbaba, a member of the Committee on Appropriation, said the ECA should be treated as one of the many options through which the national budget deficit could be minimised, adding: “Our foreign debt portfolio is currently alarming.” Another lawmaker of the APC from one of the South-west states, who chose to speak off record for fear of a backlash, added: “The president in the letter already committed an illegality, he breached the constitution. It is no longer a matter of speculation.” The senator also queried the haste in making the payment since the aircraft were expected to be delivered in 2020. “The Minister of Defence earlier said the terms of the contract were too stringent for Nigeria and more favourable to the U.S. So what changed? Were the terms re-negotiated?” he queried.
Senator Ben Murray Bruce (Bayelsa PDP), in a terse text message sent to THISDAY, said the expenditure was illegal. “No, it is not legal,” he said. Hon. Kingsley Chinda (Rivers PDP) accused Buhari of financial rascality, adding that the constitutional breach committed by the president was an impeachable offence. “The president is recklessly in breach of Section 80 of the Constitution and the Financial (Control & Management) Act and the financial impropriety is not in tandem with Section 83 of the Constitution. The theory of anticipatory approval is not recognised by law. “The expenditure is unconstitutional, reckless and amounts to financial rascality to unconstitutionally conclude an act and come back to retrospectively clothe it with legality,” he said.
PDP Calls for Sanctions Also, in reaction to the revelation on the unapproved spending by the president, the PDP yesterday
called on the National Assembly to commence “constitutional processes” against Buhari for violating his oath of office. The party accused the president of committing the violation by “illegally withdrawing and spending $1 billion (sic) from the ECA without the constitutionally required legislative appropriation”. In a statement issued yesterday by its National Publicity Secretary, Kola Ologbondiyan, PDP said it had nothing against any effort to ensure adequate security in the country, but held that such efforts should have been done within the ambit of due process, the law and the Constitution. The main opposition party also reminded U.S. President Donald Trump, who will be hosting Buhari next week, to note that the $496 million paid for the purchase of military aircraft forms part of the proceeds of illegal activities by the Nigerian president, who it Continued on page 40
IN DAMNING REPORT, US SAYS IMPUNITY, MASSIVE CORRUPTION STILL PREVALENT IN NIGERIA Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) efforts remained largely focused on low - and mid-level government officials, following the 2015 presidential election both organisations started investigations into and brought indictments against various active and former high-level government officials. It, however, observed that the EFCC often did not observe all due process safeguards and refused to obey court orders granting bail to the former National Security Adviser, Sambo Dasuki. “Many of these cases were pending in court. According to both ICPC and EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments. “EFCC’s arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC. “In a case brought by the EFCC, in November a federal
court convicted four firms allegedly used by a former aide of former President Goodluck Jonathan of laundering 1.67 billion naira ($$55.3 million) in stolen funds. “In its pursuit of corruption, the EFCC often did not observe all pertinent due process safeguards. In November, the Economic Community of West African States Court of Justice declared unlawful the arrest and detention in 2015 of former national security adviser, Sambo Dasuki. “A court ordered him released on bail in a case brought by the EFCC for the alleged diversion of 13.6 billion naira ($$443.2 million) intended to purchase military material during the Jonathan administration. Despite the court order, he remained in detention,” said the report. In support of the claim that impunity remains the order of the day in Nigeria, the report further noted that government did not often take steps to prosecute officials who perpetuated impunity whether in the security forces or elsewhere in government. It, however, acknowledged that government did take steps to investigate such impunity but
failed to bring to book those who violated the law. The report cited various instances including the atrocities allegedly committed in the North-east by members of the Civilian Joint Task Force (CJTF) and the refusal to bring to justice military men who killed members of the Shia group Islamic Movement of Nigeria in 2015 in circumstances adjudged to be extrajudicial. “As of November, the government had not adequately investigated or held police or military personnel accountable for extrajudicial killings of supporters of the Indigenous Peoples of Biafra,” the report added. Excerpts from the report added: “Authorities generally did not hold police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody. “State and federal panels of inquiry investigating suspicious deaths generally did not make their findings public. “In August, the acting president (Yemi Osinbajo) convened a civilian-led presidential investigative panel to review compliance of the
armed forces with human rights obligations and rules of engagement. As of November, the panel had not issued a report.” The state department report stated that respect for human rights generally remained appalling in Nigeria. The report identified the following as the most significant human rights abuses: extrajudicial and arbitrary killings; disappearances and arbitrary detentions; torture, particularly in detention facilities, including sexual exploitation and abuse; use of children by some security elements, looting, and destruction of property; civilian detentions in military facilities, often based on flimsy evidence; denial of fair public trial; executive influence on the judiciary; infringement on citizens’ privacy rights; restrictions on freedoms of speech, press, assembly, and movement; official corruption; lack of accountability in cases involving violence against women and children, including female genital mutilation/ cutting and sexual exploitation of children; trafficking in persons; early and forced marriages; criminalisation of
status and same-sex sexual conduct based on sexual orientation and gender identity; and forced and bonded labour. Speaking during the official release of the report, the acting Principal Deputy Assistant Secretary, Bureau of Democracy, Human Rights and Labour of the US Department of State, Mr. Michael Kozak said the 2017 report marked the 42nd year that the U.S. has published the country-specific annual Human Rights Reports. He said the law requires the U.S. executive to produce the report every year. According to him, “This goes back to the 1970s when Congress said to the Executive Branch, ‘When we’re making decisions about foreign assistance and security assistance and trade agreements and all of that, we’d really like to know: what is the human rights situation in the countries that we’re dealing with’.” He said the U.S. did not produce the report to pass judgment “on other countries, or to name and shame”. “It’s to fulfil a statutory responsibility to our Congress to try to produce the most accurate description of what we find is going on in other
countries so that they can use that in making decisions,” he explained. Efforts to get the Minister of Information and Culture, Mr. Lai Mohammed, to react to the report proved abortive as his phone was switched off.
TOP GAINERS LEARNAFRICA TRANSCORP GSK N.E.M FORTEOIL TOP LOSERS CONTINENTAL UNITYBANK FLOURMILLS
NGN NGN 0.11 1.31 0.13 1.76 1.70 32.00 0.13 2.75 1.85 39.30 NGN NGN 0.09 1.66 0.06 1.21 1.65 33.55 JAIZBANK 0.04 0.82 AFRIALLIANCE 0.01 0.22 HPE Nestle Nig Plc ₦1,422.50 Volume: 530.221 million shares Value: N7.777 billion Deals: 4,567 As at yesterday 23/04/18 See details on Page 31
% 9.1 7.9 5.6 4.9 4.9 % 5.1 4.7 4.6 4.6 4.3
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CAPITAL MARKET SOLICITORS ASSOCIATION ANNUAL BUSINESS LUNCHEON 2018
THEME:
10am; Wednesday, April 25, 2018 Lagos Continental Hotel (formerly Intercontinental Hotel) Plot 52A, Kofo Abayomi Street, Victoria Island, Lagos CHAIRPERSON
Director-General, Securities and Exchange Commission K E Y N OT E
Ms. Yewande Sadiku
CEO/Executive Secretary, Nigerian Investment Promotion Commission E X P E R T PA N E L D I S C U S S I O N
Panel of discussants representing key market participants including issuers, solicitors, investment bankers and investors. Panel discussions will be focused on Nigeria’s current investment climate, the challenges, recent successes and the direction in which the investment trajectory appears headed. Discussants will also examine SUHFHGHQWV DQG SURVSHFWV IRU *RYHUQPHQWšV łQDQFLQJ RI VRFLDO LQIUDVWUXFWXUH WKURXJK LQVWUXPHQWV VXFK DV 6XNXN DQG SODLQ YDQLOOD ERQGV GLVFXVV SUHYDLOLQJ OHJDO UHJXODWRU\ DQG VWUXFWXUDO LVVXHV DƩHFWLQJ LQYHVWPHQW LQ 1LJHULD and also share invaluable insights into investor expectations, concerns and the changes they desire to see in RUGHU WR EHWWHU IXOłOO WKHLU UROHV LQ WKH LQYHVWPHQW PDWUL[ INFRASTRUC TURE FUNDS
Mr. Anhad Narula
CEO, Africa Infra Plus Fund
S T R AT E G I C PA R T N E R S
Fo r i n q u i r i e s , p l e a s e c o n t a c t :
vincent@pentagonpartnerslp.com; dogbonnaya@banwo-ighodalo.com tunde.akinbobola@odujinrinadefulu.com
STRICTLY BY INVITATION
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
DRIVING NIGERIA’S ENGINEERING INITIATIVES Maikanti Kacalla Baru pays tribute to Alfred Okoigun, an engineer and chief executive of Arco Group of companies
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have known Mr Alfred Okoigun for over 25 years. In those years, he has proven to be an astute, resolute and dependable engineer worthy of emulation in both persona and character. Indeed, it will interest you to know that Okoigun is an ex-staff of the Nigerian National Petroleum Corporation in the late 70s. I am therefore delighted to be here to celebrate this distinguished alumnus of NNPC. How else do you honour a man who at a young age after graduation from the Petroleum Training Institute (PTI) Warri had the initiative and vision to set up an engineering outfit Arco Petrochemical Engineering Company in 1980 to provide engineering capability on rotating and reciprocating equipment (gas turbines, steam-turbines and compressors) when he had all the opportunity to stay employed in an oil exploration and production company? His resilience paid off when his company became the then sole Nigerian representative of Nuovo Pignone SPA, the Italian government-owned manufacturer of Steam/Gas Turbines, Gas Compressors and pumps. How else do you honour this passionate engineer who followed his passion true and through and has been running that engineering outfit for over 35 years adding and creating and re-creating value to the Nigerian oil and gas industry? How else do we honour this outstanding Nigerian who has grown that little company in 1980 into a conglomerate that not only deals in engineering and maintenance but also has diversified into marine logistics, maritime security, pipelines and facilities inspection, property development and consumer power generation? How else do we honour this outstanding Nigerian who has migrated his company from that run by himself to a group of companies run by competent and tested professionals and who has on his payroll over 400 indigenous employees who deliver outstanding services operating from different offices in Lagos, Warri, Port Harcourt and London? In particular, he has transformed the ARCO Petrochemical Engineering Company Plc into an Arco Group Plc comprising of ARCO Maintenance and Engineering Ltd (AMEL), ARCO Worldwide Services, ARCO Marine & Oilfield Services and ARCO Integrity Services Ltd. How else do we honour this man who has continuously identified and supported various engineering initiatives in Nigeria for several decades? Through ARCO, he has sponsored over 40 engineers, technocrats and energy correspondents for training programmes and facility visits to oil and gas equip-
TO THE NIGERIAN ACADEMY OF ENGINEERING, I COMMEND YOUR LEADERSHIP AND PROMOTION OF POLICIES RELATING TO THE GENERAL ADVANCEMENT AND PROMOTION OF EXCELLENCE IN SCIENCE, ENGINEERING, TECHNOLOGY AND INNOVATION FOR A BETTER ECONOMY AND SOCIETY
ment manufacturing firms and to exhibitions and seminars on energy matters in Nigeria, Italy, Switzerland, USA, Brazil and Argentina. Also, to demonstrate his support for The Nigerian Academy of Engineering (NAE), he recently inaugurated a joint committee known as the NAE-ARCO Group Academia and Industry Linkage with the objective of identifying viable engineering innovations by Nigerians and to assist in translating them into scalable commercial activities. It is for this reason and many more that NNPC will continue to support Arco Group and many other indigenous companies alike so that your story and the story of others in your mould will continue to be a sweet savour. May I humbly then submit that this Honorary Fellowship conferment on Alfred Okoigun by the highest professional engineering body in Nigeria is a testament of your distinguished leadership, your contribution to the engineering profession, your outstanding achievements, your exceptional character and not forgetting your contribution s to the well-being of the society at large. Sir, I dare say, this is an honour well deserved. The cap really fits! To the Nigerian Academy of Engineering, I commend your leadership and promotion of policies relating to the general advancement and promotion of excellence in Science, Engineering, Technology and innovation for a better economy and society. In your 21 years of existence, you have indeed proven to be the national “Think Tank” for engineering and technology. We in NNPC are proud to be associated with you. When Alfred informed me of this honour, I couldn’t but tell him that I will surely be here to show my support. He is not only a fine gentleman but a dogged fighter with a deep sense of enthusiasm. On a lighter note, we share some common similarities; he is GMD as I am, he is a Mechanical Engineer as I am and he is also soft-spoken as I am. Perhaps, the seeming difference is that he is a bit taller than I am and with this honour has been elevated to another level as a Fellow of the Nigerian Academy of Engineering (FNAEng). Excerpts from the speech delivered by Dr. Baru, Group Managing Director, NNPC at the conferment of Honorary Fellowship on Alfred Okoigun, Group MD/ CEO of Arco Group Plc, by the Nigerian Academy of Engineering.
GIVE BUHARI A CHANCE
President Buhari has done remarkably well under the present circumstances, writes Ofem Uket
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rguments for and against the performance of President Muhammadu Buhari’s administration within the last three years take centre stage as the country gradually moves towards the general elections in 2019. While some Nigerians criticise that the administration has not done well, some politicians and technocrats are saying this administration has performed creditably well, but its achievements are not effectively publicised by the Nigerian media. The performance of any given administration is determined by major development in relevant sectors of the economy which could translate into the construction, rehabilitation and maintenance of federal, states and rural roads to effectively transfer goods and services within the country, improved productivity in agriculture, water, power, energy, health, education and other sectors of our national life. At a routine peer review meeting with a Federal Permanent secretary in the Ministry of Information Mrs. Grace Gekpe recently, the head of service of the federation Mrs. Winifred Oyo-Ita had stated that the present administration has delivered on its major promises including the development of infrastructure across the country, and that such major achievements are under-reported in the media. The peer review is an initiative of the OHCSF designed to acquaint permanent secretaries with the functions of all Ministries, Departments and Agencies (MDAs) and to compare notes. She said “I want to emphasise that this administration is doing a marvelous job. Though we are part of it, but we can attest to that fact. “I am from Cross River State and I know the number of roads that are being constructed including the Calabar to Umuahia road. However, we are not getting adequate report of what the administration is achieving.”
However, the BuharI administration has come out clear to name priority areas where the government has done well with much more encouragement from citizens who attest to the fact that notable changes have been made in these particular sectors. In the area of security, the government is said to have reclaimed 14 local governments and territories previously under Boko Haram control in the North East, rebuilding lives of about one million displaced persons and curbing the incidence of kidnappings across the country, and general banditry. Still under security the federal government said it has restored the morale of the Nigerian military; re-organised and equipped the Nigerian Armed Forces through the purchase of 12 Super-Tucano aircraft worth $600 million to aid the military’s current operations in the North East and ensured continued peace in the Niger Delta through consistent funding of the amnesty programme for ex-militants. The government has introduced an improved mechanism for distribution of aid to Internally Displaced Persons (IDPs) in the North East through the establishment of the Special Intervention Programme of the federal government. On economy, according to the presidency, there is the implementation of the National Economic Recovery and Growth Plan (ERGP) to aid economic recovery, taking the country out of her worst recession, despite fall in oil prices. Similarly, some N1.2 trillion has been expended on capital/infrastructure projects nationwide, a milestone in the nation’s history as well as the effective implementation of the Treasury Single Account, in addition to entrenching transparency and accountability in the entire process of governance. Government also claimed to have made significant progress in the ease of doing business as it signed into law two bills from the National Assembly (Acts to secure Transactions
in Movable Assets Act, 2017 (otherwise known as Collateral Registry Act) and the Credit Reporting Act, 2017) which has facilitated access to more affordable credit for Nigerians, fast tracked budget submissions and promotes Made-in-Nigeria products. There is also the Presidential Quarterly Business Forum to enhance interaction and private sector participation in the development of the economy as well as institutionalising egovernance and setting the foundation for the creation of a truly digital economy, creation of opportunities for youths to leverage innovation in technology. Again, the revitalisation of the Made-inNigeria campaign with emphasis on consumption of local products, to gain grounds and to implement reforms in the civil service which has led to the elimination of over 30,000 ghost workers thereby saving the country billions of naira monthly. The public reforms of the Office of the Head of Civil Service of the federation (OHCSF) has indeed reduced to minimum the number of ghost workers in the Nigerian civil service and cutting down drastically monthly wages and government expenditure on recurrent. The ongoing reforms which are expected to be completed in 2020 have capacity to change the entire process of governance and the conduct of an average civil servant to ensure efficiency and productivity. In the area of agricultural development, massive investments, like the Anchors Borrowers Programme to improve local produce, improving fertiliser distribution and access across states through the Presidential Fertiliser Initiative and a reduction in rice imports as a result of government’s policies that has encouraged massive rice production across Nigeria. Eleven of the dead 33 fertiliser plants have been resuscitated while four others are to be revived shortly and this has profound impact on the ongoing revolution in the agricultural
sector. Deliberate efforts are also made to improve the transport infrastructure in rail, aviation and land, while construction work is ongoing on the Lagos-Ibadan Expressway, renovation of Abuja International Airport runway, and completion of Abuja – Kaduna Railway, among others. The take-off of the second Niger Bridge which is the major economic link between the west, north and southern states is under construction. According to government, the Social Investment Programmes (SIP), N-Power Volunteer Scheme is creating jobs for over 200,000 unemployed graduates in all the 36 states and the FCT, while ongoing Government Enterprise and Empowerment (GEEP) Scheme commenced in November 2016 in collaboration with the Bank of Industry, where soft loans ranging from N10, 000 to N100, 000 have been given to over 189,000 market women and traders across different states, and the home Grown School Feeding Programme, where almost three million school children have been fed, while tens of thousands of cooks have been engaged in their respective states. Again, the Conditional Cash Transfer (CCT) scheme under which about 25,000 less privileged Nigerians so far are now being funded with the monthly N5,000 stipend in nine pilot states (Bauchi, Borno, Cross River, Ekiti, Kwara, Kogi, Niger, Osun and Oyo). More beneficiaries are expected to be included from other states. The establishment of MSMEs clinics, a small business support programme to support entrepreneurs and small businesses in different states and the establishment of One-Stop-Shops to support policies on Ease of Doing Business are all to the good of the economy. Government has also claimed to have improved power generation nationwide, adding $500million to Nigeria’s sovereign wealth fund and about $87million to its excess crude account.
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EDITORIAL HIGH RATE OF ELECTROCUTION
The authorities in the power sector must develop the habit of quick response to complaints about exposed live wires
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rom employees of power distribution companies to ordinary consumers and innocent passers-by, the rate at which many Nigerians are being killed through electrocution has become frightening. Against the background that the Network for Electricity Consumers Advocacy of Nigeria (NECAN) raised the alarm that no fewer than 366 Nigerians lost their lives in 2017 as a result of negligence and defective systems in the distribution arm of the industry, it is important that the electricity power authorities come up with a sustainable solution to remedy the problem. According to NECAN National Secretary, Uket Abonga, statistics of the fatalities reveal that 86.8 per cent of the victims were electricity consumers while the remaining 13.2 per cent were ofďŹ cials of the electricity compaMOST OF DEATHS RESULT nies. Abonga said FROM A LACKADAISICAL investigations carATTITUDE OF THE ried out by NECAN ELECTRICITY COMPANY revealed that many WORKERS, WHO MOST of the accidents OFTEN IGNORE EARLY that occurred in the preceding year WARNINGS AND APPEALS in the sector could FROM RESIDENTS ABOUT be attributed to FAULTY WIRES IN THEIR man-made factors NEIGHBOURHOODS which included inadequate knowledge, information and ignorance on the part the consumers and operators, system protection equipment failures, in some cases total absence of protection devices, poor and aging transmission network lines, aging distribution networks which used to be replaced, poor response to complaints of faulty facilities and lines by staff of the transmission and distribution companies. That the number of casualties from electrocution is high is an understatement. Yet most of them result from a lackadaisical attitude of the electricity company workers, who most often ignore early warnings and
Letters to the Editor
appeals from residents about faulty wires in their neighbourhoods. In several places across the country today, there are many old and broken-down wooden and concrete electricity poles, some with naked wires dangling overhead. It only takes a serious rainfall or heavy wind to blow off some of the poles. In such a situation, inhabitants of the affected areas or even passers-by live in constant fear of instant death. What compounds the problem is that from available records, the time lag between when a fault is reported and it is ďŹ xed goes up to one month. There are also times when there would be no response from the authorities thus leaving residents with no other choice but self-help with all the attendant risks.
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ndeed, the harvest of deaths by electrocution raises serious questions about how the authorities in the power sector take the issue of safety. For instance, when, following the heavy downpour some electric poles and cables fell two years ago, blocking the major road that led to Olokuta community in Ogun State, it took more than a week for the management to respond despite repeated announcements on the local radio. We also recall the tragedy three years ago in Ilesa, Osun State which claimed the life of a two-year-old boy. Prior to the incident, a woman who lived in the area had reported that a live wire had fallen on the ground inside her compound. Rather than take action, the ofďŹ cials reportedly advised the woman to “look for someone to fold the live wire pending a time the company would come to ďŹ x the fault.â€? In the event, a two-year-old boy stepped on the live wire and was electrocuted. What the foregoing says very clearly is that we place little or no premium on human lives in Nigeria and if we are to develop, that culture has to change. We implore the management of the power sector to come up with stringent policies to deal with this negligence that has sent thousands of Nigerians to untimely deaths. The authorities in the power sector must also develop the habit of quick response to complaints about fallen electricity poles and exposed live wires.
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LAGOS TRULY MEANS BUSINESS
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n a bid to actually put the Organised Private Sector (OPS) abreast of his administration’s economic blueprint, Lagos State Governor, Mr. Akinwunmi Ambode recently had an interactive session with captains of industry in Victoria Island, Lagos. At the session which was tagged “Lagos Means Business�, Governor Ambode disclosed that the state would require a staggering sum of $50 billion (N14.47 trillion) in the next five years to bridge infrastructure gap with the exclusion of education, health and housing sectors. The governor, therefore, proposed that an infrastructure fund be established to address the state’s huge infrastructure deficit. The fund, which is to be managed by private sector, will be similar to the Lagos State Security Trust Fund. On the decision to increase Land Use Charge, the governor revealed that it was borne out of the desire to do more than what is being done, especially with the current budget of N1.046 trillion. Governor Ambode noted that the Land Use Charge Law was enacted in 2002 with a provision for review every five years. But it has not been reviewed for 15 years. Governor Ambode further disclosed that out of its 24 million people, only eight million Lagos residents are actually taxable. While the number of people that actually submitted tax returns in 2017 is two million, the governor revealed that only 700,000 people paid their taxes. The governor, therefore, submitted that the current tax returns were not sufficient to provide for the capital projects ongoing across the state, adding that major cities across the world with thriving economies are sustained by the taxes paid by residents.
Certain issues become quite perceptible at the Lagos State government’s parley with the OPS. One, the Ambode administration has a track record of judiciously expending public fund as this is reinforced by the quantum of projects currently ongoing across the state in diverse sectors. So, Lagosians are rest assured that their taxes would continue to work for them in a transparent and honest manner. This much was attested to by members of the OPS. Second, it is obvious that the state government prefers to take the route of encouraging taxable Lagosians to willingly embrace the culture of taxation rather than taking the traditional path of borrowing to fund public projects. According to Governor Ambode, “If the vision of a prosperous Lagos is to be achieved, the state must retreat from borrowing to finance its infrastructure and pay back later in the future with high interest rate.’’ Third, a proper understanding of the Land Use Charge, as broken down by the governor, shows that it is not as complex as it is being branded. For instance, the governor explained that pensioners, owner occupiers, NGOs, churches and mosques are exempted from the payment of Land Use Charges. Also, it becomes clear from the dialogue that the state government is passionately interested in job creation, empowerment, wealth creation and wealth redistribution. According to Ambode, the guiding principle of government with regard to all ongoing projects across the state is wealth creation, especially for operators of the informal sector such as artisans, to ensure that Lagos residents with the appropriate skills are productively engaged.
“It is only in doing this that the social fabric of the society can be firmly preserved and real security guaranteed�, said the governor. Furthermore, members of the OPS are mostly on the same page with the state government’s plan to engender accelerated socio-economic development in the state. Indeed, most captains of industry present at the parley promised to continue to partner with the state government across all sectors. They were particularly excited by the conducive environment being created by the state government for business to thrive in the state. In this respect, richest African, Alhaji Aliko Dangote, was quite emphatic in his commendation of the state government in the area of ease of doing business. He said: “I think for people who are doing business here, Lagos is the most-friendliest states in Nigeria. If you really want to know, try other states and you will see hell�. He also advocated support for Governor Ambode’s appeal to Lagos residents and business community to continue to pay tax. Perhaps most importantly, it is patent from the dialogue that if nothing is urgently done to provide the much needed fund to finance Lagos infrastructure need, challenges that would confront the state in the future might be too complex and troubling. For instance, Lagos was projected to become the third largest consumer market in the world with a population of 35.8 million, closely behind Tokyo and Delhi, while the population growth and rapid urbanisation would put infrastructure and public services under pressure. Tayo Ogunbiyi, Lagos State Ministry of Information & Strategy, Alausa, Ikeja
T H I S D AY ˾ TUESDAY, APRIL 24, 2018
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POLITICS
Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 07054786260 SMS ONLY
EXECUTIVE BRIEFING
S’West’s Quest for Regional Integration The South-west is looking up to Lagos State to drive the development of the region, writes Gboyega Akinsanmi
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he Western Nigeria Governors Forum, a group comprising all state governors in the South-west geo-political, reconvened in Lagos recently. All the governors in the region, except Ogun State governor, Ibikunle Amosun, attended the meeting that focused purely on how to leverage regional integration to attain development. The theme of the meeting, ‘Consolidating the Legacy of Regional Integration’, captures the essence of the forum. Conscious of the divergence that marks the politics of the west, the forum has always kept to its strategic objectives, which Lagos State governor, Mr. Akinwunmi Ambode said, was first and foremost to strengthen regional integration and foster socio-economic growth. From all indications, the last recession had taught all states of the federation some bitter lessons. The experience showed that the federating units could no longer depend on federal allocations. The experience must have taught the Southwest states to grow their internally generated revenue and diversify their economies. Likewise, the recession had equally inspired the governors to commit themselves to a strategy roadmap that set up the Development Agenda for Western Nigeria (DAWN) in 2011. The DAWN, a brainchild of Afenifere Renewal Group (ARG), has since been working with the forum to bring back the region to the path of socio-economic breakthrough. That indeed informed the rationale behind a two-day meeting the forum just concluded in Lagos. In its history, the forum has never held a two-day meeting. The last meeting x-rayed the enormity of development challenges undermining growth every state in Western Nigeria and the exigency of reversing the ugly trends. But for Ambode, the governors cannot shy away from these challenges. From health to education, infrastructure, transportation and security challenges, He said: “We must confront them headlong. There is hardly any better time for the states in Western Nigeria to pull together to fathom ways of tackling social and economic challenges facing our people individually and collectively.” Grim realities of a bloc Obviously, translating regional vision to reality has always been a grave source of concern among member-states. At the meeting, Ekiti State governor, Mr. Ayodele Fayose practically explained the dynamics of socio-economic constraints hindering translating regional integration to regional development. He, first, cited dwindling allocation accruing to the states from the Federation Accounts. He, also lamented the inability of the states in the region to shore up their federal earnings with internally generated revenue (IGR). He equally pointed at the looming crisis of unemployment. On these grounds, therefore, Fayose noted that the states of the Western Nigeria “are looking up to Lagos State and indeed Ambode if the regional vision must be achieved.” According to him, Ekiti barely gets allocation that pays salaries. “But when we look at Lagos State, we are consoled. Lagos can make the whole of Western Nigeria comfortable,” he added. This is more evident in the fiscal plan of each member-state. Under the 2018 fiscal year, all states in the region, except Lagos, proposed gross budgets of N1.07 trillion. From this fiscal plan, Ogun, for instance, had a share of N345.42 billion; Oyo N271.57 billion; Ondo N181.42 billion; Osun N173.98 billion and Ekiti N98.60 billion. But the same year, Lagos alone appropriated for N1.043 trillion. From this figure, the budget value of Lagos is almost equivalent to the total value of what all the states of Western Nigeria appropriated for. By implication, Lagos budget
Lagos State Governor, Akinwunmi Ambode
is 2.52 percent marginally less than the total budget size of N1.07 trillion for Ogun, Oyo, Ondo, Osun and Ekiti States. The statistics x-rays the vulnerability of other South-west states if national economy slumps again. Likewise, the statistics suggests the exigency of a big brother, a role no other than Lagos can effectively play. The statistics equally confirms the veracity of Fayose’s suggestion that other states “continue to come to Lagos if Lagos and its political leadership do not do something about it.” Resolve for Greater Support Across the region, all member-state had subscribed to greater cooperation, which they believed, could largely address their socio-economic challenges. The South-west governors now emphasised the well-being and welfare of Yoruba Nation. They, also, focus more on what can unite them than what can divide them. On this ground, Oyo State governor, Sen. Abiola Ajimobi advocated collective development of the Western Nigeria. Rather than individualism, he canvassed the spirit of collectivism, which he said, should “continue among the Southwest leaders. Our focus must be on agriculture, education, security and physical infrastructure.” That was the crux of the Abeokuta meeting, where all the states committed to greater cooperation in the production of rice and other food value chains in the region. Its gains are
If Lagos does not invest in the integration of the region, it will definitely suffer the consequence
indeed numerous. Ambode argued that such endeavour “will not only complement food supply into the region from elsewhere but will also enhance the capacity of our farmers to produce what we need and also export to the world.” He empasised the need to put partisan politics aside. He focused on the need to salvage the generation from future miseries through greater cooperation. He, thus, argued that increased collaboration in agricultural activities “is critical to sustaining the teeming population of Western Nigeria. Lagos State alone is over 23 million people. On record, 85 people migrate into Lagos from other parts of Nigeria on hourly basis.” Ambode also explained the drive towards food security, which he said, was not only to ensure that Lagos residents have enough to eat. But in the main, he said, the drive is to ensure that the people of Western Nigeria, first and foremost, have enough to eat and export to other states and outside Nigeria. He, therefore, noted that the whole essence of food security of Western Nigeria “is focused on our states maximizing their comparative advantages to guarantee increased food, jobs creation and the welfare of our people.” He disclosed that the state “has acquired 32 ton per hour rice mill.” With this mill, over 200,000 jobs can be created across Western Nigeria. He, also, cited security challenges, which had been a source of nightmare for Western Nigeria and called on the states to collaborate. “We stand on the threshold of history. Our business in government is mainly to provide jobs and security for our people. Our aim is to seek the welfare of our people. In Lagos, we have realised that the advancement of Lagos shall mean nothing unless it is in conjunction with the development of the whole of Western Nigeria. We believe that together we can achieve this ideal,” he said. The Search for a New Order Even though they emphasised the intervention of a big brother, the forum recognised the need
to build a framework for fiscal autonomy of member-states. This quest looks impossible without resetting national economic structure. However, the governors are already committed to a course that guarantees them financial independence before the end of the next decade. Consequently, at its Ibadan meeting December 2017, the governors unanimously pushed for the amendment of the 1999 Constitution, which they argued, became imperative “to address diverse concerns and issues that affect the region at large.” So, in its resolution then, the forum promised to present a unified position on issues that affect the generality of the people of the region. At its Lagos meeting, Fayose acknowledged the significance of restructuring at this period, which he said, constitutional amendment might guarantee. However, he observed, the same process might not guarantee true federalism if not consensually confronted or properly handled. He, then, argued that every state – irrespective of its political ideology or socio-economic status – “must do more for the well-being of the Yoruba Nation. I am committed to it. I am equally talking about Nigeria. The Western Nigeria has potentials. We have the capacity to develop this country. With Lagos State on the driver’s seat, Western Nigeria can save the whole country. “We need Lagos to lead the growth of Western Nigeria. We equally need Ambode to champion the development of Western Nigeria.” Osun State governor, Mr. Rauf Aregbesola challenged Lagos and its leadership “to strengthen Western Nigeria to address its challenges and regain its status.” He, also, called on Lagos “to invest in the integration of Western Nigeria. If Lagos does not invest in the integration of the region, it will definitely suffer the consequence.” Aregbesola, however, acknowledged that Lagos “has been working to ensure unity among other states. The state is investing in the integration of the region especially investing in other states. But it must do more. Lagos must take leadership in the Western Nigeria. It will stimulate growth and development in other regions. But we must be ready to develop in a way that will support Lagos demographically.” In the spirit of brotherhood After the two-day deliberation, the governors came up with a nine-point resolution, which the Director-General of DAWN Commission, Mr. Oluseye Oyeleye said, would indeed consolidate the legacy of regional integration and reinforce the position of Western Nigeria as the driver of the national economy. First, the forum formally approved the membership of Lagos State as a member of the O’dua Investment Group, a conglomerate incorporated in July 1976 to manage the business interest of Ekiti, Ogun, Ondo, Osun and Oyo States. Its approval was sequel to provisional membership it granted in September 2016. The forum, also, agreed to bid for the concession of Murtala Muhammed International Airport (MMIA) as soon as the process for bidding starts. Already, with the support of Lagos State, the forum had been putting its documents together to submit an expression of interest for the MMIA through O’dua Group. In its two-page resolution, the forum said the states of the region “as a bloc intends to bid for the concession of the MMIA. As a bloc, also, the state of the region will be monitoring the process of the concession. Our vision is to turn the MMIA into a world class aviation infrastructure once our bid of interest sails through.” Among others, the forum directed the DAWN Commission “to work on reviving Regional Inter-School Football Competition.” It mandated that the DAWN Commission “to meticulously conduct a study on the success in Education in Ekiti State for peer learning or adoption among other states of the Western Nigeria.”
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T H I S D AY ˾ TUESDAY, APRIL 24, 2018
POLITICS
Adeniyi: Is Nnamdi Kanu Dead or Alive? Chief Tola Adeniyi is calling on Nigerians to put pressure on the federal government to produce the leader of the Indigenous Peoples of Biafra, Nnamdi Kanu
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oday I charge all of us in the media with criminal silence and culpable complicity in the disappearance of Nnamdi Kanu’s saga. Since September 14 last year when Nigerian troops were ordered to brutally invade the home of the leader of the Indigenous Peoples of Biafra [IPOB], now purportedly proscribed, not a word has been heard from the usually outspoken Nnamdi Kanu and all-powerful federal troops that invaded his home had kept silent about his fate. Is he dead? Is he alive? If dead, where is his corpse? If alive, where is he and what is the state of his health? About 4 years ago when over 200 Chibok girls were forcefully abducted by the dreaded Boko Haram terrorist group Vanguard and one or two other newspapers had on their front pages posers and counters reminding the authorities every day about the plight of the unfortunate innocent girls. The posers have since stopped or may have been asked to be stopped by those who felt embarrassed on daily basis by this reminder. One would have wished though that the reminders were retained as they are very crucial and necessary as a show of solidarity with the agonizing parents of those children. Government should also be kept on its toes until all the kidnapped girls are freed and reunited with their parents. The point of the case is the realisation that none of the parents of these children has stopped counting each day of their misfortune as long as their children are in unimaginable captivity. None of the parents has enjoyed sleep since that terrible day when children who were about to write examinations that would better their future ended up in unmitigated captivity and slavery. No one is amused by the melodrama of the seemingly stage managed ‘kidnap’ of Dapchi girls and their subsequent melodramatic ‘release’ in a most theatrical absurdity. In fact there is no basis for comparison between the horrible abduction of the Chibok girls and the merry tale that got dramatized last month by puppeteers. But the assault on Nnamdi Kanu’s community was real and substantial. It was premeditated and clinically executed. Until that attack Nnamdi Kanu was about the most charismatic leader Nigeria has seen in decades. No leader in Nigeria today can boast of the huge voluntary and committed followership which Kanu enjoys. Forget about rented crowds and one-million-two-million-man march that politicians purchase with dollars and Naira as their ego trips demand. Nigerians should demand from the military and their pay master the federal government, what has happened to Nnamdi Kanu. A country moving dangerously towards fascism and tyrannical dictatorship must be put in check by the people. As fathers and mothers we should be asking ourselves what our reactions would be if Kanu were our son or his community our community. We cannot continue to play the ostrich and continue to sweep matters of national importance under the carpet. We do know that we are all in trouble and endangered when with our eyes open we tolerated a situation where the security architecture of a country is kept in one tiny section of the country and decisions about our security and safety are taken by a cabal of self seekers. Nnamdi Kanu does not brandish AK 47 rifles, he does not parade machetes nor do his followers engage in massacres and gang rape. I hereby reproduce a report published by The Nation newspapers in which Kanu’s lawyers posed the same question about Kanu’s whereabouts since September 28 2017. Written by Eric Ikhilae in Abuja the lawyers had challenged the Chief of Army staff to produce Nnamdi Kanu without delay. Regrettably, that demand to the best of my knowledge had been treated with similar contempt issuing from arrogance of power. Here is the report: “Leader of the proscribed Indigenous People
Nnamdi Kanu
of Biafra (IPOB) Nnamdi Kanu has asked a Federal High Court in Abuja for an order of Habeas Corpus ad subjiciendum, commanding Chief of Army Staff Lt.-Gen. Tukur Buratai to produce him in court. “The request is contained in a suit filed in his name yesterday by some lawyers, led by Ifeanyi Ejiofor. “Part of the grounds for the request include that Kanu has not been seen since some soldiers allegedly invaded his house on September 14. “The plaintiff stated that Kanu, who was in the house when the soldiers came, had not been heard from or seen since then. “The invading soldiers in their desperate bid to ensure that the applicant (Kanu) is caught in the attack, climbed stairs to his bedroom upstairs to shoot him; walls of his bedroom were riddled with bullets. “The invading soldiers, who had direct contact with the applicant on this fateful day (14th day of September 2017), should be in a position to produce the Applicant before the court. It is either the Respondent’s rampaging soldiers abducted the Applicant during this raid or must have killed him in the process.
As fathers and mothers we should be asking ourselves what our reactions would be if Kanu were our son or his community our community
“Section 40 of the Federal High Court Act empowers this court to order that a writ of habeas corpus ad subjiciendum be issued on the respondent to produce the applicant in court, particularly now that his substantive criminal trial is coming up on the 17th day of October, 2017.” “The plaintiff stated, in a supporting affidavit, details of what allegedly occurred during the attack on Kanu’s residence and the circumstances leading to his purported disappearance. “A lawyer, Mandela Umegborogu, said he learnt from Kanu’s younger brother, Emmanueal ‘that the soldiers, who also drove in a purpose-built sophisticated armoured personnel carrier, fired live bullets on the relatives of the Applicant, leaving scores brutally wounded, and arrested many. “During the bloody attack/invasion of the applicant’s home, scores were killed and others forced to abandon their sleep and run for cover in nearby bushes, which include nursing mothers, pregnant women, children and the aged. “On that same day, the 12th day of September, 2017, dozens of supporters of the applicant who were on a courtesy visit to him, were also barricaded at Isialangwa and tortured on the same day. “The applicant was emotionally traumatised and visibly tortured on account of heavy causalities recorded in this unprovoked attack from the invading soldiers. “On the 14th day of September, 2017, the Nigerian soldiers invaded the applicant’s home for the second time, unfortunately on a brutal but murderous raid that left 28 persons dead and over 48 arrested and taken away to an unknown destination. ”The applicant was sitting right inside his bedroom when the soldiers invaded his home. The soldiers, in their desperate efforts to ensure that the applicant who is their main
target is gunned down, climbed the stairs to his bedroom upstairs to shoot him. “The wall of the applicant’s bedroom is riddled with bullets holes till date. Attached and marked as Exhibits EK1, EK2, EK3, EK4, EK5 EK6, EK7 and EK8 are photographs showing with sufficient clarity the impacts of this assault on the Applicant’s home. ”By virtue of this contact, the soldiers had with the Applicant in his room on this 14th day of September 2017, the soldiers must know where the Applicant is, his fate and state of health. “The rampaging soldiers burst into the room of the Applicant in the course of this bloody attack and shot at everything on sight, including living objects. Attached and variously marked Exhibits EK9, EK10, EK11, EK12, EK13 and EK14, are the photographs and video footage evidencing this dastardly attack on the home of the applicant, including the bullets holes in his bedroom. “The Respondent and his agents are fully aware that the applicant will return to court on the 17th of October 2017 to stand for his trial in the case above mentioned. “The applicant has never been invited by any security agency to response to any criminal allegation before this unprovoked bloody assault in his home. ”The murderous raid in the home of the Applicant is targeted at eliminating him and not to arrest him.” All men and women of conscience, all mothers and fathers, and all grandparents who put unquantifiable value on the lives of children and fellow human beings should put pressure on the president of this country to order General Buratai to produce Nnamdi Kanu. And politicians who are always crazy about elections, positions, power and privileges and who were/are party to the Nnamdi Kanu’s disappearance saga should bury their heads in shame.
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FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
Succour for Borno IDPs For years, the North-east region especially Borno State has come under incessant attacks from Boko Haram insurgents. In this report, Ugo Aliogo examines the efforts of international nongovernmental organisations to address the needs of internally displaced persons in the state
Women at one of the IDP camps in Maiduguri
B
efore his very eyes the heads of his two relatives and friend were chopped off. When the blood splashed and the heads rolled, the murderers jumped for joy, and laughed in amusement. They had won a major victory. He thought to himself if these persons had no regard for human life any more. This gory scene made him jumpy. There was something inhuman about the incident which he could not comprehend; the killing was done without empathy and remorse. There was something strange about their demeanour which frightened him; the murderers always put up a tensed look and they were ruthless in dealing with victims who did not compromise to their conditions. When the murderers turned their attention to him, they brandished their knives before him; his body became cold with fear. He promised to cooperate with them, and shelve every plans of running away from their captivity. Aidami Bulakurmi was captured by Boko Haram insurgents after his village was attacked by the sect. When the sect unleashed their onslaught on the village, he ensured that his wife and children left the community in time to a place of safety. Bulakurmi explained that before now, these insurgents lived among the people, but later they felt betrayed because they realised that the locals were reliable informants to the Nigeria Military. Therefore, they unleashed their killings on the people. “I was captured in the process of trying to take some property along with me; I was captured by members of the insurgents group, alongside two of my relatives and a friend. They came to my house and arrested me. When they came to capture me, they asked me why I sent my family to Maiduguri. They felt I had a plan of escaping with my family; I tried to convince them that I had no such plan. But they didn’t believe me.
The insurgents described communities with Civilian Joint Military Taskforce (JTF) as a ‘community of unbelievers’. They told me if I visited villages with civilian JTF, I will be killed because I am unbeliever,” he noted. Though Bulakurmi escaped from their captivity and reunited with his family in one of the Internally Displaced Persons (IDPs) camps in Maiduguri, Borno State, but he has been struggling to put himself together from the hurt of seeing his relatives and friend murdered in cold blood. He is battling with the trauma of losing his property, peace of mind and happiness. He is yet to understand the reason behind the sect’s war of terror on the state and its people. Bulakurmi is not alone in this tragedy; many have lost families and property. The only place they found succour after the rubble is the IDP camps in the state setup by International Non-Governmental
The only place they found succour after the rubble is the IDP camps in the state setup by International Non-Governmental Organisations… These camps provide them with shelter, food, education, counselling and healthcare support
Organisations (INGOs). Life in the camp is not very conducive, and food is rationed as there are many mouths to feed. When the food is not enough, most women send out their children to beg for alms to augment their feeding needs. Most times the food provided by the INGOs to the IDPs doesn’t last up to one month. These camps provide them with shelter, food, education, counselling and healthcare support. There are also Civil Society Organisations (CSOs) that also complement the efforts of these INGOs in terms of supporting the IDPs. The IDPs are not alone in these struggles; the challenges are also shared by the Bulamas (community leaders). Many of the Bulamas are predominantly farmers who own large acres of farmland. These farmlands are given out by the Bulamas to some of the men in the IDP camps to farm, in order to reduce the pressure of hunger in the camps. While in some other communities, the Bulamas can adopt families in order to cater for them, while also tackling the need of others in the camp. To understand in proper perspective the depressing conditions faced by these IDPs, THISDAY visited one of the IDP camps in Maiduguri and the Bulamas were available to talk to the media and share some of the challenges they are facing. One of the Bulamas who pleaded anonymity began his story on a very sad note. He was not interested in preambles. He kept a good facial countenance, despite the difficult times they were going through. He said they have been facing a lot of challenges especially on the issue of overcrowding. He said the camp is overcrowded most times because those in the camps could invite their family members and friends to join during the distribution of relief materials. Another challenge which he pointed out is that due to the cooperation and support he receives
from the INGOs, people think he is being paid for it. “85 per cent of the IDPs are from Konduga Local Government Area. The total population of the community is 9,500 people, including the IDPs. For the IDPs, we have 4,500 people already. The first INGO that came to the community is Save The Children, and the second is Oxfam International who distributed food items. “We have the International Rescue Committee (IRC) they are involved in hand washing and hygiene promotion. They are also creating shelters, public toilets and latrines. We also have the Protection Action Group (PAC). PAC selected seven members of the community who are known as PAC members. They work in the community to ensure that there are no cases of harassment, rape, and other challenges that they may arise from the IDP camps.” One of the INGOs working in Borno State to tackle the challenges of these IDPs is Oxfam International. The INGO is operating in Borno and Adamawa States respectively. Recently, Oxfam organised a three-day tour for journalists to spotlight some of its activities in the region, while examining its efforts going forward. The INGO is currently working in Mubi, Pulka, Gwoza and Rahn. They have been conducting hand washing activities and they focused on everything around hygiene promotion, water adaption, and electricity construction in camps. They are also delivering food assistance, and cash transfers to some of the IDPs. They also conduct projection activities; this helps them to identify the projection raised by the people affected by the insurgency. Speaking during the tour, the Oxfam Programme Campaign Manager, Aurore Mathieu, said the humanitarian needs are still very high, but Oxfam has been able to scale up in addressing some of the needs
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One of the Bulamas housing IDPs
especially in some locations where other actors are not visiting or where they were not in the beginning. She also stated that they have been able to respond to the different needs of the population even if there are still lots of works to be done, “I think our presence is very important in addressing the burden of insurgency on the civilian population.” The biggest challenge the INGO is facing in the state is insecurity. Presently, there are a lot of places they are unable to reach which people are still living either because the insurgents are residing there or the military have not been given access to such places. Therefore, it is really hard to operate in such locations and there are also logistics constraints. In Pulka, the security has not been fully beefed up and there is an influx of people coming into the camps, which implies that the needs of these IDPs are increasing and it is not easy to meet the needs of this exodus of people. Another challenge is funding. Mathieu said huge funding is required to address the challenges the IDPs are facing in the camps. She argued that they have programmes in Damboa known as educational emergencies; which is an initiative Oxfam began a few months ago. The focus of the initiative is to target kids that are not in school or persons that are too old to go back to school in order to teach them certain skills which would be helpful to them in going into the market. The INGO has put in place their protection team which is focused on monitoring the specific risks which children are facing in this crisis torn region, then report these risks to the services referral for them to address them. She espoused that Oxfam protection team is working with women to make sure that risks and challenges such as rape or kidnapping which they might face when they go to collect firewood from the bush are minimised. She further noted that they ensure that the referrals are available to support these women and talk with them about the challenges they face, adding that they are concerned with the high number of people in the IDPs camps, “the camps are crowded by women and kids.” According to Mathieu, “A lot of men are still missing and this is an issue we have been bringing to the attention of the humanitarian actors to help in addressing the cases of the missing persons in order for kids to go to school and women can actually start economic activities to provide for their families since the men are away. “For Oxfam, we are not doing anything currently to address the traumatised conditions of these women; however we have raised this issue through our protection programme that there is high need for psychological support not only for women, but for children and men who have lost family members. There is a high level of traumatised people and it is important that resources are put in place to address it especially counselling programme in order for them to overcome the trauma
Men at one of the IDP camps in Maiduguri
One of the IDPs whose grand sons were kidnapped by Boko Haram insurgents
they have faced. “In Pulka, and Gwoza, people are living in camps and they are confined and they don’t have access to their fields. Because it is too dangerous, people cannot have access to their fields and they cannot start farming, they are still dependent on humanitarian aids. Therefore, instead of just giving food to them, we are re-enacting the market especially in areas where the market is working not everywhere. We give them cash to meet their needs and give the opportunity to have access to whatever they need. This is also a way to empower
Oxfam Programme Campaign Manager, Aurore Mathieu, said the humanitarian needs are still very high, but Oxfam has been able to scale up in addressing some of the needs especially in some locations where other actors are not visiting or where they were not in the beginning
Mathieu
them rather than just giving them food and this helps to stimulate the economic life.” Beyond its own initiatives, Oxfam is also supporting and partnering with other CSOs such as the Centre for Community Health and Development (CCHD), and National Youth Council of Nigeria (NYCN). These CSOs have been playing active roles in addressing some needs in the IDP camps. CCHD is a humanitarian agency working in Maiduguri and they aim at addressing all forms of abuses pertaining to youths up to the age of 18. They work in almost 12 locations such as Pulka, Damboa, Bama, and other locations. The CSO which was established in 2002 has been working in Maiduguri since 2015 and they have recorded tremendous progress. When THISDAY visited the Maiduguri office of the organisation, it was gathered that from the little period the organisation has been working in the area, they have seen many children suffer in a very depressing manner as women and children are mostly affected by the insurgency. The insurgency has made many children to become homeless, while some have lost touch with their parents and are under the guidance of caregivers, and relatives. The organisation’s Chief Executive Officer, Yuwa Samuel, noted that while some of these children have health challenges, others don’t have food to eat, therefore he said the organisation identified these key issues and ensured that they are addressed. The key focus activities of the organisation includes family tracing and re-unification, the drive is how to trace some of these kids back to their parents and connect the parents to their kids who got separated during the insurgency. For these children,
the organisation ensures that they manage them, identify them, see to their protection and needs, “we try to tackle some of their challenges such as shelter.” If the organisation cannot provide shelter for the children, they ensure that they join them with a group or individual who can take care of them in the way of fostering them, “then we provide some basic needs for them by giving them food and other things. Then if it is health challenge, we refer them to agencies that are involved in tackling health challenges to provide them with support in that way.” Samuel espoused that the organisation has a team, Family Tracing Re-unification Officers (FTRO) who are involved in tracing the parents and the kids in order to connect them back, adding that so far they have been able to do over a 505 re-unification activities. “Since our arrival in Borno we have been able to reach at least 6,000 IDPs in the state.” He added: “We encounter cases of rape when we go to the camp. Initially, it was not too pronounced but lately we have encountered much of such cases. We are fully into cases of Gender Based Violence (GBV). But we manage those cases so when we identify such cases in any of the locations we are working, we try to register and manage them especially referring them to hospitals to carry out a check on them to see the extent of the damage caused. If they need to be treated we will see how that treatment can be done, then monitor the progress to see how they can get over the progress. We receive funding from UNICEF, but currently we are working with the Nigeria Humanitarian Fund (NHF) anchored by OCHA, we also get funds from Victim Support Fund.”
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Representative of Lagos State Governor and Deputy Governor, Dr. (Mrs) Oluranti Adebule (6th left); wife of late Chief Gani Fawehinmi, Ganiyat (5th left); Human Right Activist, Dr Joe Okei-Odumakin (4th left); Commissioner for Tourism, Arts & Culture, Mr. Steve Ayorinde (3rd left); Special Adviser to the Governor on Tourism, Arts & Culture, Mrs. Aramide Giwanson (2nd left); Barr. Femi Falana (6th right); Convener, Center for Anti-Corruption and Open Leadership (CACOL), Mr. Debo Adeniran (5th right); former Chairman, Amuwo Odofin LG, Mr. Adewale Ayodele (4th right) and others during the unveiling of Chief Gani Fawehinmi’s new statue in commemoration of his 80th Posthumous Birthday at the Ojota Park, Lagos...recently
International Monetary Fund Managing Director Christine Lagarde (middle)answers a question at the spring meeting in Washington DC on Thurday
L-R: PPRO, Kwara State Police Command, Ajayi Okasanmi, new Commissioner of Police,, Aminu Saleh Kwara State Governor, Dr. Abdulfatah Ahmed, Area Commander, Offa, ACP. Kingston Irozuru, and Secretary to Kwara State Government, Alhaji Isiaka Gold during courtesy visit to the Governor by CP. at Government House, Ilorin... recently
L-R: Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA) Dr. Dakuku Peterside; Celebrant, Hon. Igochukwu Aguma and Chairman Riverdrill, Prince Tonye Princewill ; during Aguma’s 50th birthday thanksgiving reception at the Hotel Presidential in Port Harcourt, Rivers State...recently kunle ogunfuyi
L-R; Permanet Secretary, Ministry of Finance, Dr. Mahmoud Isa-Dutse; Minister of Finance, Mrs. Kemi Adeosun and Emir of Kano, Alhaji Lamido Sanusi at the IMF/World Bank Spring Meetings in Washington DC, United States of America (USA)...recently
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Quick Takes Nigerian Book Dazzles at London Fair Nigeria made a strong showing at the 2018 London Book Fair which ended over the weekend in London, United Kingdom with a book entitled, “Nigeria on the Precipice: Issues, Options and Solutions�. The book which proffers enduring solutions to Nigeria’s protracted political crisis was among the books that were showcased at this year’s Book Fair. A total of 650 print and e-book titles were presented at the Book Fair where “Nigeria on the Precipice: Issues, Options and Solutions�, was the only book on Nigeria with specific historical and current political development, making it a focal point and high interests for visitors to the Fair, including Nigerians in diaspora. The book was displayed at Pubmatch Bookshelf 229. The book which was authored by Michael Owhoko, a seasoned media and public relations practitioner, has also been scheduled to feature at the New York City BookExpo/Rights Bookcon and New York Rights Fair from May 30 – June 3, 2018. The 2018 London Book Fair which was held at Olympia Exhibition Centre, London from April 10 – 12, 2018 was the 12th edition of the Annual London Book Fair with focus on New Titles Showcase. It was organized by the Combined Book Exhibit.
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L-R: Finance Manager, National Engineering and Technical Company Limited (NETCO), Mr. Ashu Ayuba; Executive Director, Services, Mr. Salisu Babajo; Chief Operating OďŹƒcer, Upstream, NNPC, Mr. Rabiu Bello; Group Managing Director, NNPC, Dr. Maikanti Baru; Managing Director, NETCO, Mr. Siky Aliyu and Executive Director, Operations, Mr. Mustapha Yakubu, during the handover of dividend cheque by Bello to Baru at the AGM of NETCO held in Abuja‌recently
NEITI: NNPC Failed to Remit N998bn Oil Proceeds in 2014 Indicts NIMASA over cabotage levy Ejiofor Alike Domestic crude valued at N2.45 trillion, about $15. 6 billion was sold in 2014 but only N1.44 trillion was paid into the Federation’s Account by the Nigerian National Petroleum Corporation (NNPC), resulting to an unreconciled and unremitted sum of N998 billion, according to the highlights of remedial issues in the Nigerian Extractive Industries Transparency Initiative (NEITI) 2014 audit report of the oil and gas sector, presented at the weekend in Abuja during the Civil Society and Media
ENERGY Consultation on remediation. NEITI has also indicted the Nigerian Maritime Administration and Safety Agency (NIMASA) for failing to provide records of Cabotage freight levy collection. According to the report, there is an accumulated unremitted $1.82billion gas flare penalty as at 2014, and total sum of $927.3million expended on non-cash call items from the cash call account in 2013, while in cash calls for Oil Mining Licenses (OMLs) 60, 61, 62,
63, the National Petroleum Investment Management Services (NAPIMS) owes a balance of $147.9million. The report revealed that as at 2014, there was a prior year Petroleum Profit Tax (PPT) liability of $1.18billion yet to be remitted by the Nigerian Petroleum Development Company (NPDC), and an outstanding PPT liability of $1.12billion same year, which was not validated because the NPDC did not provide financial records. The report stated that revenue losses in the oil and gas sector was as result of ineffective and
inefficient agencies of government who are supposed to be alive to their statutory responsibilities to ensure transparency and accountability in the sector. For instance, it said the Department of Petroleum Resources (DPR) has inadequate measurement infrastructure to determine the volume of gas flared, adding also that the agency has no effective receipt issuance and collection system. The report also indicted the Nigerian Maritime Administration and Safety Agency Continued on page 22
NAEE: Buhari Needs Energy Council to Solve Nigeria’s Power Crisis Retail o Chineme Okafor in Abuja The Nigerian Association for Energy Economics (NAEE) has called on President Muhammadu Buhari to set up an energy council made up of experienced and reliable energy professionals and operators from across the country to advise and proffer workable solutions to the federal government on how to address Nigeria’s dilemma with her energy sector. NAEE stated that unless
ENERGY Buhari takes up the challenge of creating such a platform that would research and provide clear-cut policy options for the government on how Nigeria would make the most of her various energy sources to propel her industrialisation, the country may continue to experience dire challenges in her energy sector. According to the NAEE, such energy research council will advise the federal government
on the potentials of its energy supply sources and how best they could be tapped. NAEE added that the Energy Commission of Nigeria (ECN) should have undertaken the task, but is unable to do so, hence the call for an energy council. Speaking at a recent briefing in Abuja, the president of NAEE, Prof. Wumi Iledare, stated that countries like the United States and others have such council, which have helped them to
research and implement policies on shale oil exploration. “The president needs an energy council; competent energy professionals to look at the energy supply mix for Nigeria just like you have in some other places. The reason today why you see the shale gas developments in the US is because of the Potential Natural Gas Committee that existed for many year, and I said this when Continued on page 22
Eko Disco Nabs 15 Energy Thieves The Eko Electricity Distribution Company Plc has said that it would prosecute 15 residents of Victoria Garden City (VGC), in Lagos for their involvement in energy theft through meter by-pass. The Managing Director and Chief Executive Officer of the company, Mr. Adeoye Fadeyibi, who said this in a statement at the weekend, noted that the whole of VGC estate used to be billed together as one customer under one meter with a single bill. He added that following agitations by residents for individual metering and billing system, the company installed individual meters for all residents of the estate few months ago. Fadeyibi said it was unfortunate that while the company is doing everything to respond to its customers’ demands and give them the very best in service delivery, some unscrupulous elements are out to thwart the efforts and aspirations of the company.
OGTAN Honours Wabote The Oil and Gas Trainers Association (OGTAN) has conferred the Local Content Development Achievement Award on the Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote. The award was presented to him at the OGTAN’s1stNational Education Summit held recently in Lagos in recognition of the remarkable achievements he has led the Board to record in less than two years of his assumption of duty. President of the group, Dr. Mayowa Afe asserted that NCDMB has exceeded targets in the implementation of the Nigerian Content Act and contributed immensely in the development of youths of thecountry. Accepting the award, Wabote credited staff of the Board for the successes attained by the Board, noting that they collaborated and bought into the vision he brought to the Board. He challenged staff to work even harder and innovate more initiatives, adding that there was a lot work to be done to deepen the implementation of Local Content practice. “How can we benefit all sectors of the economy, how can we impact the impact the military and help them domesticate their clothing and hardware?� he queried.
“OPEC, non-OPEC deal has not only arrested the decline but rescued the oil industry from imminent collapse and is now on course to restore stability on a sustainable basis�
Secretary General of OPEC, Mr. Mohammad Barkindo
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BUSINESSWORLD NEITI: NNPC FAILED TO REMIT N998BN OIL PROCEEDS IN 2014
Ezekwesili: Nigerian Content Policy Should Meet Global Standards Stories by Ejiofor Alike
(NIMASA) for failing to provide records of Cabotage freight levy collection. Presenting further finding of the audit, the Director of Communications and Advocacy, NEITI, Dr. Orji Ogbonnaya Orji, said the report found the Federal Inland Revenue Service (FIRS) culpable as it suggested that Platform Petroleum Limited was owing Education tax for 2013 and 2014, whilst Waltersmith Petroman Oil Limited did not pay output VAT in 2011- 2014. “Audit validation of payments into CBN account reviewed that some receipts were recorded without names of the paying entities and this resulted in improper recording,’ he said. “Subsidy payments made by CBN could not be matched with subsidy claims processed for marketers for 2014. CBN did not report or present the Nigerian Export Supervision Scheme (NESS) remittances on a company-by-company basis. Errors of material omissions in filling the template submitted by NEITI to the CBN with the risks that the information in the templates may be incomplete or understated,” Orji added. NAEE: BUHARI NEEDS ENERGY COUNCIL TO SOLVE NIGERIA’S POWER CRISIS
Buhari came to power, that there is an energy council that is moribund and should be revamped,” said Iledare. Iledare also stated that the NAEE will hold the 11th edition of its annual conference this week in Abuja in conjunction with the International Association for Energy Economics (IAEE). According to him, the conference would explore the impacts the changes in global energy market could have on emerging economies like Nigeria, with emphasis on the potentials in Nigeria’s gas deposits. Providing details of potential discussions points at plenaries in the conferences, Iledare said:
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Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Maritime) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Chineme Okafor (Energy) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)
NEWS
A former Minister of Education, Dr. Obiageli Ezekwesili, has said that the implementation of local content policy in the oil and gas sector should reflect global best practices, with focus on equal participation, competence and overall interest of the country. She said the discretionary allocation of oil fields to friends and cronies of political office holders in the past led to the stifling of the growth of the oil and gas sector, pointing that such arbitrary action resulted to mediocrity, incompetence, and under-development of the sector. In her remarks as the Chairman of the First National Education Summit organised recently in Lagos by the Oil and Gas Trainers Association of Nigeria (OGTAN), with the theme: “Sustaining Local Content Through Quality Education And Training: Prospects and Challenges,” Ezekwesili argued that “the discretionary practice was the harbinger of massive grand corruption in the country and that it necessitated the entrenchment of the licensed offshore system as a way of ending that”. “I pray that our local content policy will not suffer stifling simply because it’s not anchored on the obvious vision which is that the economic impact of the sector be extended beyond the operators that have connections of one kind or the other, to who know who holds high political office. We cannot on the basis of local content decide to play by local standard. It is harmful to our being. Whether it is in terms of the economic activities within the sector, companies operating
should understand that there are skills that we need to develop within the sector; we must not play by local standard. If we play local standard; we are going to permanently index the capacity of our people to local standard. Today’s world is not a local world; today’s world is a global world,” she explained. She added that the vision of the local content was not to settle relatives and friends but that it was meant to ensure equal opportunity to compete on the basis of merit. “There are many sectors of our economy that are still virgins. Your sector is the one
that has well gone beyond maturity except that at your maturity you still behave like a child. So, we better not make the mistake of feeling that the world will wait forever for our oil. The world is kissing good bye very soon. We need to find a local content on the ideals of the future of our society,” she added. In his goodwill message, the Minister Education, Mallam Adamu Adamu, harped on the need to deregulate and liberalise the oil and gas sector to enable indigenous entrepreneurs with experience in the industry to participate actively in the exploration activities.
Adamu who was represented at the occasion by the Rector, Yaba College of Technology, Mr. Femi Omokungbe, explained that the local content development was initiated by the federal government to develop local capacity in the oil and gas industry to enable Nigerians take proactive role in the industry. “It is seemed that the utilisation of the Nigerian human resources, the local content development will ensure that the percentage of the locally produced materials, personneling, goods and services rendered to the industry are
increased thereby generating more employment and an economic empowerment,” he said. Also speaking, the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru, represented by the Managing Director of the National Engineering and Technical Company Limited (NETCO), Siky Aliyu, charged the Nigerian academia and the oil and gas industry to collaborate in order to help reduce the risks resulting from lack of human capacity in the oil and gas industry.
MEDIA PARLEY
L-R: Executive Director Technical, AIICO Insurance Plc, Kadri Adewale; Executive Director Operations, Babatunde Fajemirokun and General Manager Retail Life, Sola Ajayi at a press press briefing organised by AIICO Insurance in Lagos... recently
NETCO Records N3.2bn Profit, Delivers N750m Dividend to NNPC The National Engineering and Technical Company Limited (NETCO) has recorded a profit before tax of N3.257 billion for the 2017 financial year and delivered dividend of N750 million to the Nigerian National Petroleum Corporation (NNPC). A breakdown of NETCO’s financial results showed that the company’s revenue increased by 122 per cent from N10.13 billion in the previous year to N22.46 billion in the year under review. Speaking at the company’s 2017 annual general meeting (AGM) in Abuja at the weekend, NETCO Board Chairman, who is also NNPC Chief Operating Officer, Upstream, Mr. Bello Rabiu, said the operating profit of NETCO increased by 134 per cent, from N0.89 billion in 2016 to N2.07 billion in 2017. Rabiu noted that the impressive result was the outcome of improved performance in project execution and cost reduction measures put in place during the period, in addition to and the new addition of construction and procurement portfolios in the company’s activities basket. He, however, stated that the profit before tax decreased by 34 per cent in the year under review when compared with N4.90 billion of the previous years, stressing that the decrease was attributable to the
foreign exchange gains which constituted 56 per cent before tax in 2016 as compared to 4.8 per cent gain in 2017. Rabiu said the remarkable figures were made possible through sustained efforts on the part of the Company to cash in on the strong support of the Group Managing Director of the Corporation, Dr. Maikanti Baru and the shareholders. “The strong support of the GMD, that of the shareholders, in addition to award of some big-ticket jobs which NETCO delivered on time, within budget and without compromising on quality of service delivery, made it possible for the remarkable figures. The performance has reinforced to all stakeholders that given the right environment, NETCO is poised to greater heights”, he said. Rabiu said for the first time since the establishment of NETCO, the company was declaring the highest dividend in any given year of N750 million to its shareholders at the AGM. Speaking while receiving the cheque for the dividend, Baru, commended the management of NETCO for the unprecedented performance. He assured the company of his continued support, stressing that based on its performance,
he would ensure NETCO got more projects, especially in the gas sector. He congratulated
the outgoing MD of NETCO, Mr. Siky Aliyu, for leaving a legacy behind for his successor
and expressed optimism that the company would perform better next year.
PTDF: Nigeria Lacks Database for Required Skills in Oil Industry Chineme Okafor in Abuja The Petroleum Technology Development Fund (PTDF) has disclosed that at the Nigeria’s oil industry does not have a unified database of all the skills required by its operators across board to enable them drive productivity. It explained that such development has made it difficult to replace capacity gaps identified by oil and gas industry operators locally and resort to foreign sources to fill up such human capacity gaps. The Executive Secretary of PTDF, Dr. Bello Gusau stated this at the first national education summit organised by the Oil and Gas Trainers Association of Nigeria (OGTAN) recently in Lagos. Gusau explained that despite the introduction of artificial intelligence in the operations of the global oil and gas industry, the place of a human interface has not changed much, hence the need to continually upgrade the skillset of people in the
industry to meet the dynamic demands of the sector. According to him, humans are still central to the development, performance and sustainability of resource and tools deployed in the oil industry, and efforts must be stepped up to recruit more talented oil and gas graduates to the industry, as well as increase interest among current employees to sustain existing human resource pool. “The question then becomes what can we do to ensure the development of the critical mass of human resources to satisfy the needs of the oil and gas industry and to then ensure the sustainability of Nigeria’s local content aspirations,” Gusau stated. He identified the major obstacles to realising the objective of improving the industry’s human resource base to include absence of acceptable platforms for the development of skills and capacities for the industry, lack of effective co-ordination and silo approach to development
of quality education and usable training. Gusau said: “Interventions in research, development and human capital run into billions of dollars annually from all players, but these interventions are undertaken by each player in accordance with its determination and needs. There is largely no co-ordinated approach to the development of these capacities or indeed even the education aspects of the capacity.” He further explained: “There is hardly any acceptable data base of the skills or a hand book of the educational development requirements to fill identified human capacity gaps. While government agencies in the oil and gas, education and national planning sectors are all engaged in different aspects of determining education and skills requirements, private players in the industry are also doing the same to the extent of their needs and operational requirements.”
A
WEEKLY PULL-OUT
24.04.2018
$1 BILLION INSURGENCY FUND:
PRESIDENCY V NASS
Chief of Army Staff, Tukur Buratai
Chief of Naval Staff, IbokEte Ekwe
President Muhammadu Buhari
Chief of Air Staff, Sadique Abubakar
Senate President, Dr. Bukola Saraki
Inspector General of Police, Ibrahim Idris
2/DASHBOARD
24.04.2018
Liability of Minister Acting in Furtherance of Lawful Directive of the President PAGE 4
Lagos Resolves N1.352bn Debt through Free Legal Services in One Year PAGE 5
NBA Lagos Tackles Human Capital Development at Law Week PAGE 5
Auxano Law Elevates Two to Senior Associates PAGE 5
QUOTABLES ‘But for me,I believe having regard to the facts and circumstances of the invasion of the NASS....I think the NASS leadership and all the Legislative Houses in this country, are being told that they must learn to operate under the law, and not above the law. In other words, no Legislative House can suspend or remove a Member. Only a court of law or the constituents that elects them, can do so.’ – Femi Falana, SAN, Human Rights Activist ‘The important thing is that, when you suspend a Legislator, you have actually denied representation for the people of his constituency, and that will be an “organic violation” of the right to participate in the democratic process....In essence, what you are saying, is that the constituency is suspended from participating in democratic process.’ – Dr Tunji Abayomi, Legal Practitioner and Human Rights Activist ‘The real subverters of the democratic process in this country, are not the thugs that we often mention, they are the political actors themselves. By their desperation, by their authoritarian disposition, by their lack of political tolerance....That thing that happened, somehow was brought upon the National Assembly by the leadership of the National Assembly.’ – Jiti Ogunye, Legal Practitioner, Lagos
COLUMNIST
Legal & Real Estate Experts Brainstorm on Technology Disruptions in Nigeria’s Real Estate Sector PAGE 6
‘Every Lawyer Should Focus on a Particular Area of Law’ PAGE 6
Exit of an Outstanding Legal Scholar, Professor Ayo Ajomo PAGE 14
ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
/3
The Mace(y) Theft on Idle Youths
A
s is usual in Nigeria, last week proved to be a most eventful one. Certainly, what with legislative invasions, stolen Maces and a Presidential declaration to the world, that Nigerian youths are uneducated, idle, good-for-nothing layabouts, waiting for ‘free bees’.
A Presidential ‘Faux Pas’ I cannot but say a few words about the ‘faux pas’ (blunder) made by President Buhari, while addressing the Commonwealth Business Forum in Westminster last Wednesday. I refused to believe it, until I watched the clip of the session myself. He said “More than 60 percent of the population is below 30, a lot of them haven’t been to school, and they are claiming that Nigeria has been an oil producing country, therefore, they should sit and do nothing, and get housing, healthcare, education free”. Does he have to use the word ‘lazy’, before we know meaning of what he said? General Buhari said worse as Military Head of State. Have we forgotten Fela’s song B.O.N.N. ‘Beast of No Nation’, which he released subsequent upon General Buhari’s reference to his people as “useless, senseless, and indisciplined” preceding the launch of the “War Against Indiscipline” drive? His media team has since ‘spurned’ the reports, to claim that he was incorrectly quoted or his words were twisted. Whatever! E ma pe aja lobo fun wa (Don’t call a dog a monkey to us)! This incident recalls another gaffe, which took place in 2016, also in the UK, when the President reportedly agreed with a journalist, that Nigeria was “fantastically corrupt”. While it is undeniable that corruption does indeed exist on a grand scale in Nigeria (like in other countries of the world), it is surely a disservice to a country which one claims to lead, to engage in such public self-hatred. What a way to attract foreign investment/boost investorconfidence. More like effectively de- marketing one’s own country! It seems that our President finds it easier to “diss” and run down his people to the world, than to take the blame and responsibility for his Administration’s gross inadequacies and failures. He failed to mention at that forum, that the Nigerian Government only allocates about 7% of its national budget to education, instead of UN recommended allocation of 26%. There is a common perception, that this Administration ‘takes the cake’ in not only appointing people ‘of blessed memory’, but giving geriatrics appointments into supposedly ‘juicy’ public offices. Obvious examples are, our Ambassador to the USA, 82- year old Rtd. Justice Sylvanus Nsofor, as well as our High Commissioner to the Court of St. James, (the UK), Rtd. Justice Adesola Oguntade, who is 78. Younger Nigerians - such as our Ambassador to Germany, 51-year old Yusuf Tuggar - seem to be the exception, rather than the rule. In the circumstances, one can justifiably wonder, why Government chooses to fill appointive posts, with people who are well past their prime, while overlooking capable, younger and more vibrant Nigerians who can deliver the goods? Beyond the much-touted N-power programme, how many meaningful job opportunities has the Buhari Administration created or offered to Nigerian youths, which they rejected, so as to justify their mass characterisation as an idle lot?
The Hoodlums making away with the Mace
Breach of Legislative Chamber and a Stolen Mace Last Wednesday, Nigerians (and visiting Ghanaian Lawmakers at the National Assembly (NASS)), were treated to a ‘show of shame’, as thugs invaded the Senate Chamber, and made off with the Mace, the symbol of the Senate’s authority. Throughout the world, no Parliament sits without its Mace. Good thing a spare Mace was available in the Senate, doubly frustrating for the thieves, as their apparent objective - to obstruct, disturb and halt the Senate proceedings – went unrealised. The Mace was reportedly found, later the same day, abandoned under an Abuja bridge. The recently suspended Senator Ovie OmoAgege, was arrested by the Police in connection with the stolen Mace, and was released shortly after, without charge. I will not go into the constitutionality or otherwise of Senator Omo-Agege’s suspension (as this issue was discussed on this page last April, when Senator Ali Ndume was suspended). Although the Legislative Houses (Powers and Privileges) Act 2018 (LHPPA) empowers both Legislative Houses to suspend erring members, this provision seems to be inconsistent with Sections 42, 48, 49, 90 and 91 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(1999 Constitution), which entitle every constituency in Nigeria to representation at the National and State House of Assemblies. Even Section 60 of the Constitution, which allows the Senate to regulate its own procedures, is subject to these other constitutional provisions. See the case of DINO MELAYE & ORS v HOUSE OF REPRESENTATIVES, where the Federal High Court held that a Legislator cannot be suspended for more than 14 days. Isn’t it ironic, then, that the same Senator Dino Melaye, who successfully challenged his indefinite suspension from the House of Representatives in the afore-mentioned case, is now spearheading the suspension of Senator Omo-Agege, for 90 days? This confirms my long-held view, that Nigerian politics is almost wholly one of selfinterest, where we reverse our views, utterances and decisions recklessly, depending only on our present circumstances and the (personal) benefits on offer. In other words, ours is, by no means, a politics of ideology. I do not for a moment, presume to hold brief for Senator Omo- Agege; being a Lawyer, he is eminently qualified to do so himself. However, this puts him on a higher pedestal, in terms of public expectations of his behaviour and conduct. Lawyer or not, no decent person ought to engage in, or be associated with, thuggery and Mace theft, especially senior parliamentarians, such as the Distinguished Senator. I however, beg to differ from some of my fellow compatriots (including professional colleagues), who have characterised this act of brigandage as Treason. This a clear case of exaggeration – hyperbole. What is Treason? According to Black’s Law Dictionary Free Online Legal Dictionary, 2nd Edition, Treason is “The offence of attempting to overthrow the government of the State to which the offender owes allegiance; or of betraying the State into the hands of a foreign power”. Section 37(1) of the Criminal Code Act similarly provides that “Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and
is liable to the punishment of death. Sections 410(1) and 411 of the Penal Code, which are applicable in Abuja, contain a similar definition, as well as punishment, for the offence. Going by these definitions, it simply beggars belief, how an invasion of one of the two Houses of the Federal Legislature by a few unarmed thugs, can amount to an act of Treason. I submit that, by any stretch of the imagination, it cannot. We do run a Presidential System, made up of the Executive, Legislature and the Judiciary. The President, is the overall head of the Government. To seize the Mace, ostensibly in order to stop the Senate – just one of a bi-cameral Legislature - from sitting, cannot, I submit, amount to Treason.
The LHPPA By virtue of Section 14 of the LHPPA, no stranger may enter either of the two Federal Legislative Houses, without the permission of the Senate President or the Speaker. Anyone who gains entry without the requisite permission, and refuses to leave, is guilty of an offence and is liable on conviction to a fine of N50 or 3 months imprisonment or both. Sections 16 (b) and (c) of the LHPPA, also provide that any stranger who interferes with or resists or obstructs any officer of a Legislative House while in the execution of his duty or who creates or joins any disturbance which “interrupts or is likely to interrupt the proceedings of that Legislative House while it is sitting”, is guilty of an offence punishable in each case with a N100 fine or 6 months imprisonment or both; I posit that the hoodlums have committed these three offences. By virtue of the LHPPA, these hooligans face up to 15 months imprisonment and N250 fine each, and possibly other sanctions under relevant provisions of the Penal Code, for their brazen effrontery, assault on Sandra Davou, a Sergeant-at-Arms of the Senate, possibly criminal damage of some of the Senate’s chairs and theft. In the case of Senator Omo-Agege, Section 22 of the LHPPA bars him, while he remains suspended from the Senate, from entering the Senate Chamber, and empowers an officer of the Senate to have forcibly removed him therefrom. Of course, he could argue, in his defence for being in the Chamber, that his suspension is unconstitutional. We must also concede, in all fairness to him, that if Senator Omo-Agege was involved in the conspiracy to steal the Mace, only a court of competent jurisdiction can determine that, having had the opportunity to evaluate all the evidence before it. Although Section 2 of the LHPPA confers on Senator Omo-Agege some immunity from criminal prosecution while he is in the Senate Chamber, this provision however, applies to utterances, and does not extend to cover the instant situation. A ‘Fishy’ Affair The entire Mace affair does seem a little fishy, to say the least, given the subsequent turn of events, in the aftermath of the theft. This is because, having entered the Senate Chamber apparently accompanied by the thugs (as is evident in the video clip of the incident), Senator Omo-Agege, a Buhari apologist, seems to have been let off the hook rather lightly, following his apparent arrest by the Police. How? Because, he was promptly released without charge. He has since procured an order from the High Court of
Senator Omo-Agege being taken away by the Police
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“... IT SIMPLY BEGGARS BELIEF, HOW AN INVASION OF ONE OF THE TWO HOUSES OF THE FEDERAL LEGISLATURE BY A FEW UNARMED THUGS, CAN AMOUNT TO AN ACT OF TREASON. I SUBMIT THAT, BY ANY STRETCH OF THE IMAGINATION, IT CANNOT”
the FCT, Abuja, restraining the Police and the DSS from arresting him, pending the determination of the case which he filed, apparently post- haste, in respect of the sordid events of that inauspicious day. Questions Could there be some sort of conspiracy brewing in the Senate, to unseat its Leadership, especially as it is fast gaining a reputation for high-handedness, dictatorial tendencies, and lack of tolerance for dissension? Why do the Executive and Legislature have an aversion to dissent? What is Democracy without dissent? Did the Mace thieves, believe that the Senate was sitting to consider the ‘election sequence’ agenda (which the 1999 Constitution permits them to), and so decided to disrupt their activities that day? Since President Buhari did not fail to sing the praises of his Administration and its so-called achievements at the Westminster forum, why are his supporters so afraid of the election sequence changing, if they are convinced that this Government has done well, and is popular with Nigerians? Would it matter if the Presidential election was first or last? Likewise, if the NASS have also performed well, and are popular with their constituents, why the hullabaloo about election sequence? Above all, one must seriously question the security apparatus of the NASS. How were those hoodlums, even able to gain access into the NASS, when not only do you have you be checked and re-checked to gain admittance, your destination in the NASS must be confirmed? It certainly doesn’t add up.
4/LAW REPORT
24.04.2018
Liability of Minister Acting in Furtherance of Lawful Directive of the President
T Facts
he Plaintiff, who was the former Attorney-General of the Federation and Minister of Justice, had approached the Court vide an Originating Summons, seeking the determination of various questions in relation to the executive powers of the President vis-à-vis the interpretation of the provisions of Sections 5(1), 147(1), 148(1) and 150(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Plaintiff also raised the question, whether the Plaintiff can be held personally responsible for carrying out lawful directives, and/or implementing lawful approvals of the President, while serving as a Minister of the Government of the Federation. Upon determination of the foregoing questions, the Plaintiff sought the following reliefs inter alia: (i) A Declaration that the involvement of the Plaintiff in the negotiation leading to the implementation of the Settlement Agreement dated 30th November, 2006 between Malabu Oil and Gas Limited and the Federal Government of Nigeria and the eventual execution of Block 245 Malabu Resolution Agreement dated 29th April, 2011 between the parties, was in furtherance of the lawful directives/ approval of the President, in the exercise of his executive powers, and so, he cannot be held personally liable for carrying out the directives as a Minister. He also sought a Declaration that, his prosecution by the EFCC on account of his carrying out the lawful directives was illegal, null, void and inconsistent with the intendment of Section 5(1) of the 1999 Constitution. In support of the Originating Summons, the Plaintiff filed an affidavit and written address. The Defendant filed a Conditional Memorandum of Appearance and Counter-Affidavit with Exhibit HAGF, as well as written address. A Notice of Preliminary Objection was also filed, with supporting affidavit and written address, challenging the jurisdiction of the Court to determine the suit on the grounds that (i) the Plaintiff did not disclose any cause of action in the suit; (ii) Civil suit cannot be employed to stop criminal prosecution already initiated; (iii) The Plaintiff’s suit as constituted is incompetent; and (iv) The Honourable Court lacked the jurisdiction to hear and determine the matter. Issues for Determination In the written address filed in support of the Notice of Preliminary Objection, the Defendant distilled the following issues for determination: 1. Whether the Plaintiff/Respondent’s suit disclosed a cause of action against the Defendant. 2. Whether the Plaintiff/Respondent’s suit is not an Abuse of Court Process. In the substantive Originating Summons, the following issues were raised 1. Whether by the combined interpretation of Section 5(1), 147(1) and 148(1) and 150(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the executive powers of the President are legally exercisable by him directly or through Ministers of the Government of the Federation; 2. Whether the Plaintiff as a Minister in the Government of the Federation, could be held personally liable for acts done in furtherance of the lawful directives/approvals of the President, in the exercise of the President’s executive powers vested in him by Section 5(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Arguments Arguing the first issue in the Notice of the Preliminary Objection, Counsel for the Defendant/Applicant submitted that, there is a five count Charge against the Plaintiff, which he has the burden of defending himself on. Counsel argued that the Charge against the Plaintiff, cannot create a cause of action capable of maintaining a civil suit against the Prosecuting Authority. ADEKOYA v FEDERAL HOUSING AUTHORITY (2008) 11 NWLR (PT. 1099) 539. He submitted that, the Federal Government by any of its law enforcement agents, has power to investigate and prosecute any person suspected of having committed a crime, and it is this constitutional duty that the Plaintiff seeks to restrain, by seeking refuge with the Court. He pointed out that, a person who seeks judicial protection must come clean from any iota of illegality. The Plaintiff, in response to the submission of Counsel for the Defendant on this issue, argued that the contention was misconceived, in that it is in matters commenced by Writ of Summons, that the Defence can raise the objection on the matter not disclosing a reasonable cause of action. He noted that, the Affidavit in support of the Originating Summons in evidence, is unlike the Statement of Claim in support of a Writ of Summons. The Affidavit is the only document which the Court is entitled to consider, in determining if the case discloses a reasonable
Hon. Justice B.F.M. Nyako
In the Federal High Court of Nigeria In the Abuja Judicial Division Holden at Abuja On Friday, the 13th Day of April, 2018 Before Her Ladyship Honourable Justice B.F.M. Nyako FHC/ABJ/CS/446/2017 Between Mohammed Bello Adoke.............. Plaintiff And Attorney-General of the Federation.............Defendant
cause of action. More so, the action is one for the interpretation of certain provisions of the Constitution, which automatically translates to a cause of action in favour of a Plaintiff who seeks violation of his rights, and the cause of action is the persecution of the Plaintiff, for carrying out the lawful directives of the then President of Nigeria. On the second issue in the Notice of Preliminary Objection, Counsel for the Defendant submitted that, having being charged to Court, the Plaintiff’s subsequent filing of this suit, is tantamount to fiddling with the administration of the criminal justice system and improper use of judicial process in litigation. In response, Counsel for the Plaintiff submitted that, a judicial process is adjudged abused, when a party improperly uses it or in a way to hinder the efficient and effective administration of justice. ABUBAKAR v BEBEJI OIL & ALLIED PRODUCTS LTD & ORS. (2007) SC 102. He argued that, the Defendant failed to furnish the Court with facts of multiplicity of actions between same parties on similar issues, and so, the contention of the
“....WHILE THE PLAINTIFF WAS CARRYING OUT THE LAWFUL DIRECTIVES OF THE PRESIDENT, PURSUANT TO SECTIONS 5(1) AND 148(1) OF THE CONSTITUTION, WITH RESPECT TO IMPLEMENTATION OF OPL 245 RESOLUTION AGREEMENT, AND FOR MALABU OIL AND GAS LIMITED TO BE PAID IN SETTLEMENT OF THE DISPUTE, AN AGENCY RELATIONSHIP OF A DISCLOSED PRINCIPAL WAS ESTABLISHED. AS AN AGENT OF A DISCLOSED PRINCIPAL, THE PLAINTIFF DID NOT INCUR A PERSONAL LIABILITY”
Defendant on this issue must fail. In relation to the first issue in the Originating Summons, Counsel referred to the principles on interpretation of constitutional provisions as laid down in A-G BENDEL STATE v A-G FEDERATION (1981) 10 SC 1. Counsel submitted that, if the provisions relied on by Plaintiff are read together and considered as a whole, it would be seen that the executive powers vested in the President, are to be exercised by him directly or through a Minister of the Government assigned by the President. This power is in pari materia with the provisions of Section 193(1) of the Constitution which relates to the State Governors and their Commissioners. In EMMANUEL OLAGBEMIRO & ORS v PRINCE SALIU OLATIWOLA & ORS (2014) LPELR-22597(CA), the Court, while interpreting the provisions of the Section 193(1), held that the Governor could, and rightly assigned part of his duties to Commissioners, to hold same. He relied on Exhibits showing Presidential approvals. He stressed that, the relevant constitutional provisions intend to create Principal/ Agency relationship between the President and Ministers so appointed by him, and that when a Minister carries out lawful directions assigned to him, he acts in the capacity of an agent under the instruction of his principal, and he is absolved of personal responsibility thereby. On its part, the Defendant argued that while the Plaintiff posited that he acted in accordance with the Constitution, the crux of the Charge (Exhibit HAGF) against him, relates to the unauthorised actions of the Plaintiff while he served as a Minister. Counsel argued that the law allows for personal liability of a servant, who commits criminal acts in the course of performance of a duty delegated to him. A.P.C. v P.D.P. (2015) 15 NWLR (Pt. 1481) 1 at 73. He maintained that, the argument on agency relationship as posited by the Plaintiff, is a total misapplication of the law. Court’s Judgement and Rationale Deciding the issues raised in the Preliminary Objection, on the first issue, the Court held that in determining the jurisdiction of the Court in any proceeding, reference is usually had to the claim and reliefs in the Plaintiff’s suit. In matters commenced by Originating Summons, the Affidavit in support is the only document which the Court will look at, to decipher whether the case discloses a reasonable cause of action. SHELL B.P. PETROLEUM DEV. CO. NIG. LTD & ORS. v ONASANYA (1979) 6 SC 89, 94. Looking at the Originating Summons filed by the Plaintiff, there is no injunctive relief sought against the Attorney-General of the Federation, to stop the Prosecution of the Plaintiff. The reliefs are merely declaratory, premised on the interpretation of the Constitution, and the Plaintiff has the right to seek such interpretation as it affects him. On issue two challenging the suit as constituting an abuse of court process, the Court held that, Exhibit HAGF which the Defendant placed heavy reliance on, in support of its contention, is extraneous to the declaratory reliefs sought by the Plaintiff. The Defendant failed to furnish the Court, with evidence that the Plaintiff filed multiple suits involving same parties and on similar issues. Turning to the main suit, the Court held on the first issue that, the Constitutional Provisions relied on by the Plaintiff are clear and unambiguous; hence, they must be given their literal and ordinary meaning. A community reading of the Sections 5(1), 147(1), 148(1) and 150(1) of the Constitution, shows clearly that the executive powers of the Federation vested in the President, are legally exercisable by him directly or through a Minister of the Government of the Federation. On the issue of whether the Plaintiff can be held personally liable for acts done in furtherance of the lawful directives of the President, the Court held that, while the Plaintiff was carrying out the lawful directives of the President, pursuant to Sections 5(1) and 148(1) of the Constitution, with respect to implementation of OPL 245 Resolution Agreement, and for Malabu Oil and Gas Limited to be paid in settlement of the dispute, an agency relationship of a disclosed principal was established. As an agent of a disclosed principal, the Plaintiff did not incur a personal liability. UTC (NIG.) PLC v PHILLIPS (2012) 6 NWLR (Pt. 1295) 161. In view of the foregoing, the Court granted the Declarations sought by the Plaintiff save for the relief that the Prosecution of the Plaintiff by the EFCC is illegal. Declarations Granted in Part. Representation: Henry Okeke with Victor Vorsheye, W. Nwinuiwi, L.D. Bob-Manuel, E. Okafor and E. Nwagbo for the Plaintiff Dayo Aponta (SGF) with O. Koleosho (SSC), T.D. Agbe (SSC), Abubakar Musa (SSC), B.A. Naieju (SC) and L.R.O. Jime (SC) Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
24.04.2018
NEWS/5
L-R: Solicitor-General/ Permanent Secretary, Ministry of Justice, Mrs. Funlola Odunlami; Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem; Mr. Idowu Ajanaku; Special Adviser to the Governor on Information; Mrs. Kofoworola Awobamise, Permanent Secretary, Ministry of Information and Strategy at the Ministry of Justice Ministerial Press Briefing, held at the Press Centre, Secretariat, Alausa, Ikeja
L-R: Law Week Planning Committee Chairman, Mr. Tola Oshobi SAN, Chairman, NBA Lagos Branch, Mr. Chukwuka Ikwuazom and Alternate Chair, Mr. Ken Aha
Lagos Resolves N1.352bn Debt through Free Legal Services in One Year Akinwale Akintunde The Lagos State Government, has said that from the free legal services provided through its Citizens’ Mediation Centre (CMC), it is has been able to resolve N1.352bn debt, in just one year. The Lagos State AttorneyGeneral and Commissioner for Justice, Mr. Adeniji Kazeem, disclosed this last Thursday at the Ministerial Press Briefing held at the Bagauda Kaltho Press Centre in Alausa, as part of the activities marking the third year anniversary of Governor Akinwunmi Ambode’s administration. Kazeem noted that through the CMC, the State Government received a total number of 47,292 new cases free of charge, out of which 25,191 were resolved, with others at various stages of resolution. The total value of settlement of debt related matters achieved by the Centre during the period under review, from May, 2017 to April, 2018, as settlement between parties was N1,352,745,391”, the Attorney- General said, among other achievements by the State Government in the justice sector. The Attorney-General summarised the major feats of his Ministry within the past year, as provision of Legal Services, Law and Order Initiatives, and Legislative Initiatives/Law
Reforms. While reeling out activities of the Agencies under the Ministry in the last one year, the Attorney-General said that the State Government received and treated a total number of 11,451 cases through the Special Task Force Against Land Grabbers, Domestic and Sexual Violence Response Team (DSVRT), and the Special Offences (Mobile) Court in the last one year. He said the Government also received 316 inquiries, through the recently unveiled first stateowned DNA and Forensic Centre, with 71 active cases currently ongoing bordering on homicide, rape, toxicology, child trafficking, serology, among others. According to Kazeem, the Anti-Land Grabbers Task Force, designed by the present administration, to fight the menace of forceful take-over of properties, received 1300 petitions out of which 855 were concluded, and 530 currently at various stages of resolution. “In the period under review, over 35 arrests of suspected notorious land grabbers were effected, while 26 criminal prosecution cases against suspected land grabbers are presently ongoing”, the Attorney-General said. Besides, the Attorney-General said, in a bid to enhance due diligence in property transactions, the State Government introduced the Real Estate Electronic Litigation Database, designed for the
provision of access to information primarily on properties which are subject of litigation, adding that since its launch, the portal has recorded over 1,000,000 hits, and over 10,000 consistent users from Nigeria, United States, United Kingdom, South Africa and others. He recalled that since its inception, the DSVRT had galvanised strategic action and responded appropriately to formal and informal reporting of incidents of rape, defilement, domestic violence, child abuse, neglect, and maltreatment, in the State, through the active support of the Governor and other partners. “The Ministry has noted an increase in the report of domestic abuse, against men. To date, the DSVRT has received a total number of 131 cases in this regard. Overall, a total number of 1771 cases were reported during the period under review. The team also provided free medical services and psycho-social therapy, for over 700 survivors of domestic/ sexual violence, conducted capacity building trainings with 220 police officers across the State, and successfully secured the convictions of seven perpetrators”, he said. Speaking on Hotel and Restaurant Consumption (Fiscalisation) Regulations 2018, Kazeem clarified that it was neither a new law
nor an additional tax, but a regulation aimed at ensuring that Government gets its due revenue. “It is a regulation, and not a new law. It was made pursuant to an existing law that was already in operation. What this regulation essentially seeks to do, is to allow the Government to put certain equipment in the restaurant and hospitality organisations, to properly monitor the revenue that is coming, so we can know what exactly is due to the State Government. “It is not an additional tax; it is just to enhance transparency in collection of taxes that are due to the State. So, I want to clarify that carefully”, Kazeem said. On other high profile cases, he said it was gratifying to report that the cases were progressing in court, saying the Synagogue Church case for instance, on the collapsed building which killed people was progressing well, adding that a no case submission filed by the accused persons instead of defending the case, was recently dismissed by the Court, while the General Overseer of the Christian Praying Assembly, Rev. Chukwuemeka Ezeugo, a.k.a Reverend King who is presently on death row facing a death sentence imposed by the court, will have his fate determined in due course.
Auxano Law Elevates Two to Senior Associates A Nigerian Law Firm, Auxano Law, last Friday announced the elevation of two of its Associates, as Senior Associates. They are Emmanuel-Kant Ekeocha and Mrs. Oluwakemi Oni. Emmanuel-Kant holds a Bachelor of Law degree from Madonna University, where he finished as second best graduating student of his set. He heads the Firm’s Litigation Department. He has made impressive contributions as a member of the Firm’s Commercial Law Practice Group. He is an astute advocate, who successfully represented several blue-chip companies in resolving complex legal issues.
Emmanuel-Kant Ekeocha
Mrs. Oluwakemi Oni
Oluwakemi holds a Bachelor of Law degree from the University of Ado-Ekiti. She heads the
Firm’s Registry Department. She co-ordinates the Firm’s Human Rights Law Practice
Group, where she has made commendable contributions towards the Group’s Justice for Indigent Convicts (JIC) project. The project saw to the initiation and conclusion of more than 15 criminal appeals in three Divisions of the Court of Appeal, within a space of about two years. In a statement, the firm’s Managing Partner said “we at Auxano Law, appreciate and reward hard work and diligence. The elevation for these two, is to encourage them and other juniors, to aspire to higher positions in our fast rising practice”.
NBA Lagos Tackles Human Capital Development at Law Week Jude Igbanoi The Lagos Branch of the Nigerian Bar Association, is set to treat its members to a bespoke conference at its 2018 Law Week themed ‘Human Capital and the Legal Profession in the 21st Century’. Speaking at a media parley last Thursday, NBA Lagos Chairman Chukwuka Ikwazum, Law Week Planning Committee Chairman Mr. Tola Oshobi, SAN, and Alternate Chair Mr. Ken Ahia, said the week will kick off with a health walk on May 5, 2018. The week will also feature prison visits to Ikoyi and KiriKiri Prisons, where gifts will be presented to the inmates. Other events include, a day of free health-check and consultations for all members of the Branch registered for the conference. There will also be a special desk, for the Nigerian Identity Management Commission to enable Lawyers register for their National Identity Card. To kick start the technical sessions, there will be a welcome cocktail on May 9, and the sessions for 10 –11 will feature lectures by experts from Nigeria and other jurisdictions, including a
Keynote Lecture by Dr Konyin Ajayi, SAN. This year’s law week will witness many innovations, including the Elder’s Night and a Closing Party on May 11, a departure from the traditional Law Dinner. Thematic areas the plenary sessions are expected to cover include ‘Clients’ Expectations for the 21st Century’, ‘Technology and Innovations: Impact of Technology on Legal Practice’, ‘The 21st Century Young Lawyer: Vision and Career Paths’, and many others. There will be a Special Session to be facilitated by the Lagos State Government, to discuss a wide range of government related issues, including the vexed issue of the controversial Land Use Charge. Other special events that will feature in the weeklong program are ‘Dialogue with Judges’, which will be an interactive session with Judges of the National Industrial Court. Highlight of the week will be the ‘Rainmaker Lawyer’ , where a team of carefully selected Lawyers from other jurisdictions will interact with Nigerian Lawyers on the business of law. The week will end with the ‘Ankara Rage’, and a notable Guest Artist will be on hand to entertain conferees.
OneVOICE tackles Hate Speech Bill Yinka Olatunbosun A coalition of civil societies and human right organisations, OneVOICE, has condemned the Bill which criminalises hate speech, at a recently held media parley in Ikeja, Lagos. The Group held the view, that there are many legislations in Nigeria, that make the Hate Speech Bill unnecessary, such as Cybercrime Prohibition Act, Libel, Defamation and Slander. In his keynote address, the Chairman, Media Committee for OneVOICE, Adedeji Adeleye, observed that hate speech itself, is very hard to define and is fraught with relativities. Instead of combating hate speech with the death penalty as prescribed in the Bill, Adeleye advocated for a “a moral suasion and a
self-regulatory system against hate speech”. He remarked that hate speech is prohibited by laws in several jurisdictions, such as Canada, France, United Kingdom and South Africa. However, none of these countries has attached a death penalty to the crime. From these legal precedents, he argued that, hate laws are either designed for public order or to protect human dignity. The Executive Director, International Press Centre, Lanre Arogundade, who was represented by Olayinka Adegbile, observed that even in Rwanda where hate speech led to a most dreadful genocide in 1994, there is no law prohibiting criminalising hate speech. We need to strengthen our laws,
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Legal & Real Estate Experts Brainstorm on Technology Disruptions in Nigeria’s Real Estate Sector In a bid to emphasise current technology disruptions trends in the real estate sector in Nigeria, and consider opportunities created by such disruptions, experts in the legal and real estate industries in Nigeria, gathered on April 4, 2018 to deliberate at the 7th DETAIL Business Series Seminar in Lagos organised by Detail Commercial Solicitors, a law firm specialising in non- court room practice. Speaking on the purpose of the event, Tosin Ajose, an Associate Partner heading DETAIL’s real estate and construction practice said, “we think that Nigeria cannot be isolated from the global trends in the real estate market, and we thought it was an apt time for us to talk about the way the real estate environment is changing, so people are well positioned to benefit from the disruptions”. Ajose further buttressed that, “DETAIL drives thought leadership around its practice areas, and it has looked at the landscape and identified where the real estate market is heading; the reason for this forum’s discussion, is therefore, to ensure that people know where the market is going and position themselves in anticipation of the changes”. Speaking at the event on the topic “PropTech: Developing a Smarter Marketplace,” Andrew Nevin, PhD, Partner and Chief Economist, PwC Nigeria, revealed that the real estate sector is the most important sector to the Nigerian economy, and the
success of the economy is highly dependent on building a robust real estate sector. However, the growth of the real estate sector, is currently limited by gaps in the land titling system. Nevin said “The real estate system cannot work without a proper land registry. It is a mathematical impossibility. If you don’t know you own the land, you will not improve it. If the Bank doesn’t know you own the land, they are not going to lend against it”. Nevin explained that technology, specifically blockchain, can be explored and implemented to establish a proper land registry in Nigeria. Blockchain, is a decentralised ledger of all transactions, in a network. Participants in the network can confirm transactions, without the need for a trusted third-party intermediary. The advantages of blockchain for land registration, is that it is tamper-proof, which reduces the chance of forgery or manipulation; it unifies the land registration process, under a single digital platform; and it helps automate the process of registration. Speaking on the topic “Alternative Funding Opportunities in a Digitally Enabled Market,” Mr. Sonnie Ayere, CEO, Dunn Loren Merrifield, emphasised that the growing trend, is to look to financial technology (fintech) companies for alternative sources of funding for real estate projects, rather than the traditional Banks. Ayere said “fintechs offer diverse financial
ONEVOICE TACKLES HATE SPEECH BILL where they are weak”, he said. In his presentation titled “Hate Speech Bill, Nigerian Constitution and Legal Laws: Implications for Civil Society’’, Committee for the Defence of Human Rights (CDHR), Malachy Ugwummadu, noted that there are more legislations that require urgent
L-R: Femi Williams, CEO, Chams Plc; Abdulmalik Mahdi, Director, Sales, Brains & Hammers; Tosin Ajose, Associate Partner DETAIL; Dolapo Omidire, Founder & Team Leader, Estate Intel speaking as Panellists at the 7th DETAIL Business Series Seminar
services and solutions, using modern technology, such as digital lending platforms; online real estate investment options for individuals; or investments in single-family homes for institutional investors”. Ayere discussed the option of “crowdfunding,” an online platform for raising financing that is gaining popularity in other countries, but is currently prohibited under Nigerian
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consideration by the Lawmakers, other than the Hate Speech Bill. “State actors have continually shown that, they are not sensitive to the needs of the people. A lot of bills and legislative proposals, show that the welfare of the people takes a backseat. At the moment,
the Appropriation Bill is pending, yet we are dealing with a frivolous Hate Speech Bill”, he noted. The Group also observed that, hate speech is determined by the accuser, which is a serious threat to the fundamental right to free speech.
law. He noted that there is a possibility that, in the future, Nigerian laws and regulations could change to accommodate crowdfunding. Ayere also discussed financing options via the Nigeria Mortgage Refinance Company, which was established to further increase access to mortgages in the market. He also proposed, unlocking financing capital via pension funds. Speaking on the topic, “Using Data to Create an Efficient Property Market,” Mr. Dolapo Omidire, Founder & Team Leader, Estate Intel, explained that technology has made data more readily available than it was a decade ago. Data can assist in charting the future of any sector, including real estate. Mr. Omidire pointed out that access to data, can assist greatly in making sound investment decisions in the real estate sector.
Legal Personality of the Week Perenami Momodu
‘Every Lawyer Should Focus on a Particular Area of Law’ My name is Perenami Momodu. I am a Senior Associate in the Dispute Resolution Practice Group at AELEX. I was called to the Nigerian Bar in 2009. I obtained my LL.M from the University of London in 2013. I also have a Post Graduate Certificate in International Business Law and a Diploma in International Environmental & Natural Resources Law, both from the University of London. Over the course of my career, I have handled high stake commercial disputes, particularly relating to privatisation, energy, foreign investments, construction and insolvency. I am a member of the International Bar Association, the Chartered Institute of Arbitrators, UK (Nigeria Branch), the Business Recovery & Insolvency Practitioners Association of Nigeria (BRIPAN), and the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International). I have recently been invited by INSOL International and The World Bank Group, to be a member of the Organising Committee for the ninth African Round Table Meeting, to be held later this year. I am a wife and a mother of one. Have you had any challenges in your career as a Lawyer, and if so, what were your main challenges? There are certain factors which are peculiar to this jurisdiction, and having to explain these factors to clients (especially foreign clients) can be challenging. For instance, having to explain, that it could take at least two years to have a matter determined in court (in view of the congested court dockets or other reasons), is embarrassing. Also, the length of time or the delay, could affect the quality of the evidence in the matter. Our judicial system, definitely needs reform that will ensure that court matters are expeditiously concluded.
What was your worst day as a Lawyer? I have had bad days, but I cannot recall any memorable one. What was your most memorable experience as a Lawyer? As a Lawyer whose core practice group within AELEX is Dispute Resolution, I have had to make sound arguments in courts or tribunals against Senior Advocates of Nigeria and very senior Lawyers. Each of those experiences have been memorable. I am part of a team assisting with the review of the insolvency provisions of a draft Companies Bill. This is also a memorable experience for me, because it gives me an opportunity to actively participate in the development of the law based on my practical experiences as an insolvency practitioner.
Perenami Momodu
A particularly challenging period for me, was when I was undergoing my LL.M programme, as an external student of the University of London. It was challenging because, I was working and studying at the same time. I had work obligations that had to be met, and I also had to study extensively. At the time, it felt like I carried the weight of the world on my shoulders! Ultimately I was able to balance both obligations effectively, and I graduated with Merit. The sense of fulfilment and achievement that this gave me, cannot be quantified. Also, with this achievement, I have been able to pass a message to other aspiring Lawyers, that with determination, hard work and prayer, every challenge can be overcome.
Who has been most influential in your life? It might sound cliché, but my mother, Mrs Idowu Abah, has been the most influential person in my life. At a young age, she taught me that as a woman, the yardsticks or parameters for my success could be determined by the society, but it was left to me to break every glass ceiling. For me, the values that she instilled in me, have been my driving force. Professionally, Mrs Funke Adekoya, SAN, Mr. Adedapo Tunde-Olowu and Mr. Olanipekun Orewale, have been very influential in my career for different reasons. From Mrs Adekoya, SAN, I have learnt the importance of strong work ethics and integrity. From Mr. Tunde-Olowu, I have learnt the value in delivering quality and thorough work. Mr. Orewale has taught me that the knowledge of the law, will give me an advantage at all times. From these people, I have obtained valuable knowledge, which impacts on my quality as a Lawyer,
and which have significantly enhanced my growth in the profession. My husband, Mr. Gbolade Momodu, has also been very influential on me, as he constantly encourages me to be better, and is very supportive of my aspirations. Why did you become a Lawyer? I had watched too many movies and read too many books detailing “court room theatrics”! I felt deflated during my Law School Court Attachment, when I found that the “court room theatrics” in the books and movies, were exaggerated. However, not deflated enough to stop me from pursuing a career in law! What would be your advice to anyone wanting a career in Law? Passing the Bar exams, is not enough! Striving for personal development at all times, is fundamental. There are so many Lawyers who pass the Bar exams each year, so it will be beneficial to set yourself apart, by ensuring that you are one step ahead. It is also important, to focus on a particular area of law, and develop expertise in that area. Some of the most admirable Lawyers, are those with expertise in specific areas of law. If you had not become a Lawyer, what career would you have chosen? I have always wanted to be a Lawyer. If I had to choose another career, I would have been a Quantity Surveyor like my late Father – Chief Ranami Abah. I really looked up to him, and would have enjoyed following in his footsteps. Where do you see yourself in ten years? I see myself at the top of my career, being actively involved in the development of the law and policies. Certainly breaking glass ceilings!
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INSIGHT ABUBAKAR D. SANI
xL4sure@yahoo.com
Malabu Oil: A Review of Adoke v AGF
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Introduction n a now-widely circulated judgement delivered by Hon Justice Binta Nyako on Friday, the 13th day of April, 2018, the Federal High Court sitting in Abuja upheld the primacy of the repository of the executive powers of the Federation in the President, by virtue of Sections 5, 147(1), 148 and 150 of the 1999 Constitution. The court handed down the landmark decision in a suit filed by Mr. Mohammed Bello Adoke, SAN, the erstwhile Attorney- General of the Federation and Minister of Justice, under the immediate past administration of former President Goodluck Jonathan. Background Justice Nyako’s judgement was the culmination of Mr. Adoke’s suit, in which he sought five declarations against the incumbent AGF, Abubakar Malami, on the legality of the role he played in relation to the disposal of OPL (Oil Prospecting Licence) 245. In the interest of completeness and accuracy, it is better that the orders which the learned trial judge made in the judgement speak for themselves. She had declared as follows: (1) The involvement of (Mr. Adoke) in the negotiations leading to the implementation of the Settlement Agreement dated 30th November, 2006 between Malabu Oil and Gas Limited and the Federal Government of Nigeria and the eventual execution of Block 245 Malabu Resolution Agreement dated 29th April, 2011 between the Federal Government of Nigeria and Malabu Oil and Gas Limited, was in furtherance of the lawful directives/approval of the President in the exercise of his executive powers. (2) The involvement of (Mr. Adoke) in the negotiation and eventual execution of the Block 245 SNUD Resolution Agreement dated 29Ih April, 2011 between the Federal Government of Nigeria and Shell Nigeria Ultra Deep and Shell Nigeria Exploration and Production Company Limited, was in furtherance of the lawful directives/approval of the President in the exercise of his executive powers. (3) The involvement of (Mr. Adoke) in the negotiation and eventual execution of Block 245 Resolution Agreement dated 29th April, 2011 between the Federal Government of Nigeria; and Shell Nigeria Ultra Deep Limited; and Nigeria National Petroleum Corporation; and Nigeria Agip Exploration Limited; and Shell Nigeria Exploration and Production Company Limited, was in furtherance of the lawful directives/approval of the President in the exercise of his executive powers. (4) Any correspondence/instruction to JP Morgan or any other entity and ancillary actions and processes taken by (Mr. Adoke)in furtherance of the implementation of the Settlement Agreement dated 30th November, 2006; Block 245 Malabu Agreement dated 29th April, 2011; Block 245 SNUD Resolution Agreement dated 29'h April 2011 and Block 245 Resolution dated 29th April, 2011, were in furtherance of the lawful directives/approvals of the President in the exercise of his executive powers, and (5) (Mr. Adoke) cannot be held personally liable for carrying out the lawful directives/approvals of the President, while he served as a Minister of the Government of the Federation. She then reviewed Exhibits 19 and 20, which were letters written on the issue by the current AttorneyGeneral of the Federation, Abubakar Malami, SAN, to the EFCC, the current Minister of State for Petroleum Resources, Dr. Ibe Kachikwu addressed to President Buhari’s Chief of Staff, respectively. In the former, Mr. Malami had advised that the charges against Mr. Adoke,
“IT IS CLEAR THAT, THE AFORESAID FINDINGS BY JUSTICE NYAKO, THAT MR. ADOKE ACTED AS THE AGENT OF A DISCLOSED PRINCIPAL, FORMER PRESIDENT GOODLUCK JONATHAN, HAS ALL BUT ABSOLVED THE FORMER OF ANY WRONGDOING IN RELATION TO THE DISPOSAL OF OPL 245”
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
Former Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, SAN
arising from his role in the disposal of OPL 245, were weak and could not reasonably sustain a conviction. In the latter, the Minister of State for Petroleum Resources endorsed Mr. Malami’s opinion in Exhibit 19. In resolving all the issues formulated by Mr. Adoke in his favour (except the one declaring his prosecution by EFCC, illegal), the court rejected the contention of the Defendant (the current AGF), that Mr. Adoke exceeded the directives of President Jonathan, and in the process, committed a crime (or crimes). In the court’s opinion, Exhibits 19 and 20, showed that Mr. Adoke acted within the lawful directives of former President Jonathan. Accordingly, she concluded that Mr. Adoke was protected by the law. This is surely sensational, and cannot but be welcome news for Mr. Adoke. This is particularly the case, with regard to the most potentially damaging allegation of all, that of corrupt personal enrichment arising from the transfer of over $1billion in settlement of the dispute. On this, the court held that, Mr. Adoke merely carried out the lawful directives of Mr. Jonathan. I believe that this finding, neatly dovetails into the provisions of Section 45 of the Penal Code which stipulate, inter alia, that “Nothing is an offence if done by any person who is justified by law”. The significance of Justice Nyako’s findings and this provision, is better imagined.
of estoppel inter partes, occurs where an issue has earlier been adjudicated upon by a court of competent jurisdiction, and the same issue comes incidentally in question, in any subsequent proceedings between the same parties (or their privies); in these circumstances, “issue estoppel” arises.” The court further opined that: “For the principle to apply in any given proceedings, all the pre-conditions to a valid plea of estoppel inter partes or per rem judicatam must exist, that is: (i)The same question must be for decision in both proceedings (which means that the question for decision in the current suit, must have been decided in the earlier proceedings); (ii)The decision relied upon to support the plea of issue estoppel must be final and (iii)The parties must be the same (which means that parties involved in both proceedings must be the same per or by their privies)”. The question is: to what extent, if any, do these conditions exist vis-à-vis Justice Nyako’s decision and the criminal charges pending against Mr. Adoke? Are the parties in both sets of proceedings (or their privies) the same? Are there any similarities between the issues in both sets of proceedings?. None of these questions can, however, be safely answered here - or anywhere else outside the courts where those criminal charges are pending - without running foul of the sub judice rule. Accordingly, we once again, defer to the superior wisdom of Hon. Chief Justice Onnoghen in his admonition earlier referred to.
The Fallout Given the refusal of the court to grant Mr. Bello’s further prayer to invalidate the three-odd sets of criminal charges pending against him in connection with the disposal of OPL 245, the obvious question is: what is the implication, if any, of the aforesaid findings of the court on those charges? That is the million-dollar question. We must however, caution ourselves that any detailed review of this here, would be inappropriate, as they are sub judice and would run foul of the refrain of the Hon. Chief Justice of Nigeria, which he expressed earlier this year against such “unguarded utterances”. Suffice it to say that, generally speaking, (and without prejudice to the pending charges), the Supreme Court has held in a plethora of cases, that “estoppel per rem judicatam or estoppel by record, arises where an issue of fact has been judicially determined in a final manner between the parties by a court or tribunal having jurisdiction, concurrent or exclusive in the matter, and the same issue comes directly in question in subsequent proceedings between the parties or their privies.” See DOKUBO v OMONI (1999) 8 NWLR pt. 616 pg. 647 @ 669 per Kalgo, JSC. In FADIORA v GBADEBO (1978) 3 S.C. 219 @ 228, the Apex Court recognised two kinds of estoppel by record inter parties thus: “The first is usually referred to as ‘cause of action estoppel’, and it occurs where the cause of action is merged in the judgement, i.e, transit in rem judicatam... a second kind
Conclusion It is clear that, the aforesaid findings by Justice Nyako, that Mr. Adoke acted as the agent of a disclosed principal, former President Goodluck Jonathan, has all but absolved the former of any wrongdoing in relation to the disposal of OPL 245. However, whether those findings are applicable to the criminal charges pending against him, which are alleged to have arisen from the same circumstances, i.e., that the Nigerian State is estopped from asserting a position contrary to those findings, would be utterly presumptuous of this paper to speculate upon. In other words, it is within the exclusive purview of those courts, to make that determination at the appropriate time(s). Suffice it to say that, Justice Nyako’s interpretation of Sections 5, 147, 148 and 150 of the 1999 Constitution in the context of the relationship between former President Jonathan and Mr. Adoke, ought to be of more than passing interest to all Nigerians, given the trite position of the law, that a person is not criminally liable for an act or omission which he allegedly commits in obedience to the order or lawful directives of a competent or superior authority, which he is bound by law to obey. See EDEDEY v THE STATE (1972) 1 All NLR 280; NWAOGA vs THE STATE (1972) 2 ECSLR 244; UDOSEN v THE STATE (2007) 4 NWLR pt. 1023 pg. 125, and ANOM v THE STATE (1972) 12 S.C. 42. Justice Nyako has already held that Mr. Jonathan’s directives to Mr. Adoke on OPL 245 were lawful. What follows, remains to be seen.
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$1 Billion Insurgency Fund: Presidency v NASS Controversy has continued to trail the questionable process of approval of One Billion US Dollars, given by President Buhari and the Nigeria Governor’s Forum, for the Government to tackle the scourge of insurgency in North East Nigeria, without recourse to the National Assembly. Different slants have since been given to this development, including an explanation from the Presidency, that the funds are not meant to fight insurgency alone. Another explanation given by the President’s media team, is that Appropriation by the National Assembly, is still being sought for the $1 Billion, as the Approval is only the first step in the process. Beyond the political furore, Daniel Bwala; Chris Akiri; Richmond Ekhosuehi Idaeho and Pascal Ekeh; and Daniel Daudu Makolo, examine the legal and constitutional implications of the ongoing face-off, between the Presidency and the National Assembly, flowing therefrom
$1 Billion Fund to Strengthen National Security
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National Security: A Priority he President of Nigeria, has no greater responsibility than protecting Nigerians from threats, both foreign and domestic. He is vested by the Constitution, with the authority and responsibility to accomplish this essential task. In taking his oath of office, the President swears to "preserve, protect, and defend the Constitution of the Nigeria. Section 14 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (CFRN) provides that “security of lives and welfare of the people shall be the primary responsibility of government”. The National Security is a topmost priority of Government. The National Assembly, must now make its voice heard on the key issue of national security, and bring to a vote, support for President Buhari’s strategy for pursuing the war on insurgency and strengthening all our security platforms in dealing with the threats to our national security in the way that he, as Commander-in-Chief, deems necessary. The security challenge in Nigeria is real and existential. It has assumed a monumental proportion, across the length and breath of Nigeria; from herdsmen-farmers conflicts; armed banditry and kidnappings and the dreaded Boko Haram insurgency, attracting a global attention. As we approach the electioneering year, if adequate measures are not taken in dealing with these various security situations, our very democratic process will be seriously undermined. Controversy The controversy over the proposed release of $1 Billion, stemmed from the decision of the Federal Government acting upon the approval of Nigeria’s Governors Forum (NGF), to fight insurgency and other criminal activities throughout the Federation of Nigeria. It is worthy of note, that the purported funds belong to the three tiers of Government. Questions were also raised about the legality of the Nigeria’s Gover-
The “Approved” $1 billion for Arms Purchase
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nors Forum, believed to be a body of Governors of the Federation, but not registered, and cannot in their capacity sue and be sued as NGF, therefore, lacked the legal right to authorise the use of the funds belonging to the three tiers of Government. It may be argued though, that, it is the State Legislative Houses that can appropriate on behalf of the States of the Federation. Another point raised by critics, also examines questions relating to the role of Local Councils under the law, and why they were not consulted nor represented, before and when the decision was taken? Excess Crude Account The argument on whether the Excess Crude Account (ECA), is constitutional or not, can be addressed later in the face of existential threats confronting the nation. The Constitution recognises only the Consolidated Revenue Fund, and the Federation Account, as the custodian of all Federal revenues; however, there is no contradiction on the existence and operations of the excess crude, in so far as there is proper accountability on disbursements or spending arising from the use of the excess crude monies. What is germane, is whether the President can execute the funds from the Federation Account or ECA, without appropriation by the National Assembly (NASS). Established in 2004, the ECA was designed as a contingency plan, meant for depositing or saving excess crude oil revenue which had gone beyond the planned bench mark (budget), for securing and protecting planned budgets in the event of any shortfall or deficit in the consolidated funds, due to the changing prices of crude oil. The ECA, is funds belonging to the 3 tiers of Government. From the foregoing, it is noteworthy to state that the funds in question, sought by the President, is to be withdrawn from the ECA, which is a contingency fund, nevertheless a public fund. It is a need, which has arisen for expenditure, for a purpose for which no amount has been appropriated by the Act, but yet it is extremely important to address national security issues.
President Muhammadu Buhari
Therefore, as clearly provided in section 81(4) of the CFRN and Section 14(a)(b) of the Finance (Control and Management) Act, a supplementary estimate showing the sums required, is expected to be laid before each House of the NASS, and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill. This implies that, the request for One Billion US Dollars security funding, ought to be subjected to the processes of appropriation through the NASS, as provided for in the legislation above, being a public fund of the Federation. Since the Constitution clearly provides that the NASS alone exercises control over public funds of the nation, but the Executive is charged with providing the budgetary information. Hence, only the President can request for an appropriation to be made. Finally, it would be appropriate to point out the fact that, the approval given by the President for the withdrawal of One Billion US Dollars for security funding, is merely an approval at the Executive level, as evidence of a resolution by the Governors and the President, for
Senate President, Dr. Bukola Saraki
the purposes of addressing the issue given by the President. It does not mean an approval to automatically withdraw funds from the account, or an attempt to circumvent or usurp the powers of the NASS, as there are procedures to be followed as laid out by the CFRN and other subsidiary legislation. Thankfully, the Presidency via the SSA on Media and Publicity, has clarified the issue; that the President’s
“THANKFULLY, THE PRESIDENCY VIA THE SSA ON MEDIA AND PUBLICITY, HAS CLARIFIED THE ISSUE; THAT THE PRESIDENT’S APPROVAL FOR SECURING THE FUNDS IN QUESTION, IS ONLY THE FIRST STEP THAT HAS BEEN TAKEN, UPON IDENTIFYING THE NEED”
approval for securing the funds in question, is only the first step that has been taken, upon identifying the need. Therefore, I do not see the need for the countless criticisms and dust being raised by the opposition party, other groups and individuals, as they have been as unnecessary and hasty in their judgement; the usage of the word “Approval” notwithstanding, as every resolution of or by the Federal Executive Council, must receive the approval of the President before any further constitutional steps will be required to be taken. Conclusion The approval of the $1Billion, is required by law to go through Appropriation by the National Assembly. It is recommended, that the various security chiefs and finance department of the Government, should be engaged during this legislative processes of debate and committee hearings, to defend the budget. This is without prejudice to the fact that, it must undergo the procurement processes as required by law, before due execution. Daniel Bwala, Legal Practitioner, Member, Lincolns Inn, London
The Announcement bout a fortnight ago, the Head of State, President Muhammadu Buhari, summoned all the security chiefs in the land to Aso Rock Villa, where he gleefully, categorically and unambiguously, announced to them that he had approved the sum of US $1 billion, for the procurement of military hardware to strengthen the armed forces to prosecute the war against insurgency in the North-East, more effectively. This announcement, which was made in the full glare of TV cameras and broadcast nationwide, elicited a deafening and rapturous applause from the security chiefs present. Responding on behalf of all the security agencies, the Chief of Army Staff, Lt.-General Tukur Buratai, who was obviously beside himself with joy, expressed his unstinting gratitude to the President, assuring the latter that the money would be spent judiciously, for the purpose for which it was approved. As far as the President and the security chiefs were concerned, it was “c’est fini”, a fait accompli: the next step was the chiefs to begin to withdraw the approved money from the Excess Crude Account (ECA), a controversial creation of the former, much maligned ruling party, the People’s Democratic Party (PDP)! Cacophony of Criticisms But then a cacophony of criticisms and unabating furore, erupted everywhere in the country, about the unilateral, unconstitutional, and illegal approval by the President, of such a humongous amount, any amount, of money, not in an Appropriation or Supplementary Appropriation Act. Inveighing against the presidential appropriation of such a colossal sum of money, for the purchase of military hardware, less than one year before the general elections, the main opposition party, the PDP, said its investigation revealed that, the Presidency deliberately avoided the National Assembly to avoid legislative scrutiny and accountability, thereby paving the way for the diversion of the funds “for partisan purposes”. Not a few Lawyers vociferated blue murder, and then the National Assembly started threatening fire and brimstone. The provisions of the almighty section 43 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) on impeachment, might be invoked! Excruciating furnace heat!!
The Presidency’s Volte Face And the Presidency was forced to make a painful volte- face: One of the senior advisers of the President fulminated against the impatience of Nigerians: “No”, he said, “approval doesn’t mean approval; if the critics were patient enough and had asked the Senior Special Assistant on National Assembly Matters, they would have known that the request for the US $1 billon, was on its way to the National Assembly!” I broke into raucous laughter, that drew tears from my eyes! Questions At this point, some gnawing questions are thrown up: Does the President summon all the heads of the MDAs for meetings, to announce his approval of executive Bills that are on their way from the Presidency to the National Assembly for consideration? What elicited the excitement of the security chiefs, about a Bill that was yet to be submitted to the National Assembly, let alone considered and passed by that body? Or were they convinced beyond doubt, that the National Assembly would simply rubber- stamp what the President had APPROVED? Does Presidential approval precede parliamentary consideration and passage of a Bill and Presidential assent? Can’t anyone in the Presidency see that the President has placed the cart before the horse? Why the humongous sum of US $1 billion (or about N.1 trillion), for military equipment to combat Boko Haram insurgency that was “technically”, and later, “completely” defeated over two years ago? Constitutional Provisions Section 82 of the Constitution, empowers the President to authorise withdrawal of moneys from the Consolidated Revenue Fund of the Federation (not from the ECA), for a period not exceeding six months, if the Appropriation Bill in respect of any financial year is not passed into law by the beginning of the financial year: Is the procurement of military hardware with US $1 billion, in the 2018 budget? Did the Presidency imagine that his powers to authorise withdrawal of moneys from any of the public funds, such as the ECA and the Sovereign Wealth Fund (SWF), equate with the powers improperly conferred on the President by section 305 (1) (2) of the Constitution, to issue a proclamation of a state of emergency before informing the National Assembly via the official Gazette of the Federal Government in which the proclamation has been
“RESPONDING ON BEHALF OF ALL THE SECURITY AGENCIES, THE CHIEF OF ARMY STAFF, LT.-GENERAL TUKUR BURATAI, WHO WAS OBVIOUSLY BESIDE HIMSELF WITH JOY, EXPRESSED HIS UNSTINTING GRATITUDE TO THE PRESIDENT, ASSURING THE LATTER THAT THE MONEY WOULD BE SPENT JUDICIOUSLY, FOR THE PURPOSE FOR WHICH IT WAS APPROVED”
published? Section 162 (1) of the Constitution provides that all revenues collected by the Federal Government shall be paid into “the Federation Account” (FA), and in subsection (3) thereof, such revenues “shall be distributed among the Federal, State and Local Government Councils...” It stands to reason, therefore, that, if some revenues which ought to have been paid into the FA are deposited into some other public funds, such as the ECA and the SWF, all such stray revenues belong, not to the Federal Government alone, but to all the three tiers of government. Ipso facto, any withdrawal from such a public fund, must enjoy the concurrence of the National Assembly, all 36 State Houses of Assembly (not of caucus of the twenty-four Governors of the ruling All Progressives Congress (APC) and of the 774 LGAs. In any event, the National Assembly must be involved in the appropriation of public funds. Section 80 (4) of the Constitution is emphatic that “No moneys shall be withdrawn from the Consolidated Revenue Fund or any public fund of the Federation, except in the manner prescribed by the National Assembly”. Sections 4,5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), enshrines the doctrine of separation of powers among the three arms of government—the Legislature, the Executive and the Judiciary. Section 81 (1) CONTINUED ON PAGE 10
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Approval of US$1 Billion Excess Crude Fund for Purchase of Military Hardware: The Legality
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Security and the State of the Nation igeria, over the years, has experienced several security challenges, both in the South and North. The rampaging destruction of lives and properties caused by terrorists, particularly in the North, is a cause for concern for the Government and all Nigerians. The damage done by the Boko Haram insurgents on the Nigerian State, and the pains and anguish inflicted on her citizenry, are unquantifiable. More exasperating is the fact that the insurgents have consistently outwitted our security operatives, and all attempts made to apprehend their leaders have met a brick wall. Hence, one would have thought that the Presidency’s announcement that it proposes to expend the sum of US$1,000,000,000 in exterminating these deadly foes of the Nigerian State, would have elicited raucous joy and jubilation, amongst the populace. However, this was greeted with distrust, and has resulted in several arguments and counter-arguments with respect to the legality of the decision of the Presidency, and its powers to so disburse funds from the National treasury, without the prior approval of the National Assembly. At the 83rd National Economic Council (NEC) meeting held in December, 2017, the Council approved the withdrawal of the sum of US$1 billion from the US$2.3 billion funds in the Excess Crude Account, for the purpose of combating the extremist Boko Haram insurgents. The announcement of the Council’s decision, elicited swift responses from the citizenry, wherein elites and nonelites took sides in the great debate on the wisdom and justification, in making such an approval. Some persons have opined that, such a huge amount of funds, should be channelled into developing the State, and funding capital projects that will improve the standard of living of the citizens. This is important, given that majority of the populace, live in squalor and abject poverty. Some others have argued that the decision, is a ploy to fund the Government’s profligacies and ravenous political spending, especially since elections are around the corner. In the midst of all these, the argument that seems to have taken the centre stage, is that on the constitutionality/legality of the NEC’s decision. The questions then to be asked are: Does the NEC have the power to make such approval? Is the Excess Crude Account, within the control and powers of the National Assembly? Is the account being operated illegally? Should recourse
be made to the National Assembly, before withdrawals are made from the account? To what extent, has the NEC followed the due process with respect to drawing out the funds from the account? These questions have been considered below. An Examination of the Powers of the National Economic Council The National Economic Council (NEC) was established by Section 153 of the Constitution of the Federal Republic of Nigeria, 1999, as amended (the Constitution). Its composition and powers are accordingly set out in Part 1 of the Third Schedule to the Constitution. The National Economic Council comprises the following members: the Vice-President who doubles as the Chairman, the Governor of each State of the Federation; and the Governor of the Central Bank of Nigeria. The Council was given one clear function, to wit “to advice the President concerning the economic affairs of the Federation, and in particular, on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation”. The duty assigned to the NEC is clear, and it is only advisory in nature. Its powers do not extend to making orders for the disbursement of public funds, and in what manner they should be disbursed. Perhaps, if the NEC had merely made a recommendation for such money to be withdrawn, it would not have raised much dust, and same would have been a different issue all together. Again, its advisory duty, only relates to the economic planning efforts or economic programmes of the various governments. Its advisory duties do not extend to security. It may be argued that, security issues have huge impacts on the economy, and as such, the NEC has power to make such recommendation. However, recommendations on measures that should be taken to curb security threats, should at best be left to the National Defence Council. No doubt, the NEC could render advice on security, albeit, as an oversight function, if at all, but such cannot translate into giving approval for the disbursement and use of funds, from the Excess Crude Account. Thus, the NEC lacks the powers, to approve the withdrawal of such a huge amount of money or any amount at all, from the Excess Crude Account. To do so, would clearly be illegal and ultra vires its duties and the provisions of the Constitution. The Powers of the National Assembly in Relation to Public Funds The National Assembly, is the highest law-making body in Nigeria. It combines this duty with its oversight functions, on the activities of the other arms of Government.
THE “APPROVED” $1 BILLION FOR ARMS PURCHASE (2) of the Constitution allows the President to prepare an Appropriation Bill, including all the heads of expenditure (other than expenditure charged upon the Consolidated Revenue Fund). One wonders why the US $1 billion request, was not included in the Appropriation Bill sent by Mr. President to the National Assembly about five months ago. Or should that amount of money and the President’s express, even though unconstitutional “assent” thereto, be read into the meaning of a Supplementary Appropriation Bill, which he impliedly passed into law by his public approval
Speaker, House of Representatives, Yakubu Dogara
The National Assembly, being the chief law-making body in the Federation, is the sole body empowered by law, to create such funds/accounts like the Excess Crude Account. See Section 4 of the Constitution. The Excess Crude Account created under the leadership of the former President, Chief Olusegun Obasanjo in 2004, apparently with laudable intentions, to protect Nigeria’s budget from shortfalls and increase Nigeria’s external reserves, is not without its shortcomings. The account was created by an “executive order”, without going through the chambers of the National Assembly. This could have been properly done, if the Executive had liaised with or lobbied the National Assembly to pass a law not only establishing the funds, but also setting up a body to manage it within the confines of the law, and under the scrutiny of the Nigerian legislators and the general populace. If this had been done, controversies surrounding mismanagement and illegality of the account, would have been nipped in the bud before they surfaced. It should be noted that, several funds and accounts created in the past, were done by the National Assembly passing the relevant Acts to that effect. Take for instance, the Petroleum Trust Fund; the National Housing Fund; the National Social Insurance Trust Fund, amongst others. The creation of the Trust Fund through an executive order without recourse to the National Assembly, though with good intentions, is an aberration. Section 80 of the Constitution, which deals with controls over public funds, makes provisions for the mode and manner public funds should be managed and disbursed. Of course, profits made from the sales of petroleum products are public funds and within the control of the Legislature, and as such, fall within the mandate of the National Assembly. The section provides that all revenues or other moneys raised or received by the Federation (not being revenues or other moneys payable under the Constitution or any Act of the National Assembly into any other public fund of the Federation established for a specific purpose), shall be paid into and form one Consolidated Revenue Fund
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thereof? Rule of Law: A Guiding Principle At this stage of our socio-economic, political and cultural development as a nation-space, with a written constitution, it is imperative that we must insist on the rule of law as a guiding principle, and be vigilant lest we unwittingly allow the surreptitious ingress of autocracy, the very antithesis of democracy, into the body politic. There is need to be alert and stand solidly as watchdogs, to watch the activities of any ruling political party, so that we are not dragged into a bottomless
abyss of chafing autocracy and noisome authoritarianism. Nigerians had haplessly endured military rigourism, for over thirty years of its chequered history. The rule of law and the due process of law, not only hold sway, but must be seen to do so! It is also important that all the handlers of this and any other President, should meticulously study any situation (be it in the socio-economic, financial or legal realm), before allowing the President to plunge into it to his or our detriment. Verbum sat sapienti est! Chris Akiri, Legal Practitioner, Lagos
“SOME OTHERS HAVE ARGUED THAT THE DECISION, IS A PLOY TO FUND THE GOVERNMENT’S PROFLIGACIES AND RAVENOUS POLITICAL SPENDING, ESPECIALLY SINCE ELECTIONS ARE AROUND THE CORNER” of the Federation. The Section goes on to prescribe that no moneys shall be withdrawn from any public fund of the Federation, other than the Consolidated Revenue Fund of the Federation, unless the issue of those moneys has been authorised by an Act of the National Assembly or in a manner prescribed by the National Assembly. Similarly, Section 162 of the Constitution makes provision for a special account called the Federation Account, into which shall be paid all revenues collected by the Government of the Federation, except the proceeds from the personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the Ministry or Department of Government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja. Conclusion Suffice to say that, the creation and operation of the Excess Crude Account for about 14 years now, has been outside the purview of and contrary to the provisions of the Constitution. Such revenue ought to have been paid into the Consolidated Revenue Fund or into any other account properly created under an Act of the National Assembly, as required by the Constitution. Following the controversies that arose as a result of the NEC’s approval of the withdrawal, the National Assembly has swung into action to scrap the Excess Crude Account. This move is coming, 14 years after the account came into existence! It is therefore, imperative to state that, there is need for the Legislature to be more proactive in carrying out its supervisory functions over the Executive. It is hoped that, the National Assembly would take the appropriate steps in passing a law that would accommodate the Excess Crude Account, so as to save its ultimate objective and give it a blessing of legality. Thus, it is opined that, this position would help prevent any future distortion to the Nigeria polity. Richmond Ekhosuehi Idaeho, ACIArb., ABR, & Pascal Ekeh, Legal Practitioners, Jackson, Etti and Edu, Lagos
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President Buhari’s Release of $1 Billion to Fight Insurgents Without Due Process
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hat we are saying here, is about a specific expenditure of $1 billion, which is about N360 Billion Naira at today’s exchange rate by the Muhammadu Buhari led Federal Government of Nigeria, to fight insurgency in our country! Amounts to almost 5% of Nigeria’s Annual Budget for 2018 Fiscal Year Such expenditure requires a specific appropriation by the National Assembly of Nigeria, through a Bill to the Parliament, and approved by a specific appropriation Act for this purpose. Of course, the National Assembly of Nigeria (NASS), is made up of members who are the elected representatives and custodians of the owners of the resources living and toiling in the entity called Nigeria, to which President Muhammadu Buhari is also a citizen. Mr. Buhari was elected to the office of the President, as the leading citizen of the Sovereign Federation comprising 36 units called States and the Federal Capital Territory (FCT). Each of these States, has equal representation of 3 Senators in the Upper Legislative Chamber of the NASS, except the FCT having only one. From these federating units, comes the resource for the running of the Federal Government, to which President Buhari is elected to manage for 4 years. Nigeria, like any nation on earth, is governed by laws. Governance is a contract, best described as a social contract with terms and conditions embedded in a written document called the Constitution of the Federal Republic of Nigeria, with the latest one being operated in the Federal Republic of Nigeria as the 1999 Constitution. The legislative power of the Federal Republic of Nigeria, is vested in the NASS for the Federation, which consists of the Senate and the House of Representatives. Under this Constitution, the National Assembly has power to make laws for the Federation, to ensure peace and good governance at all times, within the Republic. Such laws include, the appropriation laws which are presented to the Parliament as a Bill, and thereafter will be deliberated upon by members of the respective chambers. In Chapter One of our 1999 Constitution, under General Provisions at Part 1 titled the SUPREMACY OF THE CONSTITUTION, Section 1 provides that “This Constitution is Supreme and its Provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. (2) The Federal Republic of Nigeria shall not be governed...except in accordance with the provisions of this Constitution (3) ...if any (action) other law is inconsistent with the provisions of this Constitution, this Constitutional Provision shall prevail, and any (action) other law shall to the extent of the inconsistence be void. In the processes of appropriation, the Executive headed by the President, informs the NASS through an Executive Bill, of his intention for any necessary expenditure; urgent, short or long term, for the peace and good governance of Nigeria. The Executive Power of the President, is subject to the provisions of the laws made by the NASS,
Chief of Army Staff, Tukur Buratai
Chief of Air Staff, Sadique Abubakar
Chief of Naval Staff, Ibok-Ete Ekwe
Inspector General of Police , Ibrahim Idris
and is to be exercised by the President in all matters in respect of which the NASS has powers to make laws from time to time. These include, power to appropriate funds, which is, power to approve the expenditure of the Federal Government from time to time, subject to the NASS being approached through an Executive Bill called “Appropriation Bill” for that purpose. Such Bill shall clearly spell out the projects or programmes that will be executed with the funds to be appropriated, bearing in mind that peace and good governance for the entire Republic in line with Section 14(3) of the Constitution, that the Government of the Federation shall conduct its affairs, in such a manner as to reflect the federal character of Nigeria, and the need to promote national unity and also command national loyalty. The relationship between the Executive and the Legislature is that of equal partners in the affairs affecting the Federal Republic of Nigeria no matter what and however urgent. In a democracy, nations are not governed through Master and Servant relationship where the Executive will do what seems right to her with or without recourse to the servant, in this case the National Assembly. The Constitution is not a mere legal document. It is essentially a document relating to and regulating the affairs of the nation state and stating the function and division of powers of the different components of the government as well as regulating the relationship between the citizen and the state. The Constitution is the absolute law,
defining how powers are shared among the various arms of government! The Executive, Legislative and the Judiciary and powers are allocated to them as appropriate. Their association is free and equal, and there are equal checks and balances or protection under the laws in respect of functions and assigned duties by the Constitution. According to SIR UDOMA JSC in the case of RABIU v STATE (1980) 8-11 S.C. particularly at pages 130 and pages 148 -149, he stated that ‘‘the function of the Constitution is to establish a framework and principles of government; broad and general in terms, intended to apply to the varying conditions which the development of our several communities must involved, ours being a plural, dynamic society” where we must not do anything to defeat the principles of governance enshrined in the Constitution. The power of the government is contained in the Constitution which is Supreme and has binding force on all authorities and persons within the country. See the case of A.G. ONDO STATE v A.G. FEDERATION (2000) 9 NWLR (Pt. 772) p. 222 S.C. The Constitution is the embodiment and the foundation of the rule of law. Any action of any authority or person which contravenes the provisions of the Constitution is unconstitutional, null and void. President Muhammadu Buhari’s spending of 1billion US Dollars, a sizeable percentage of our 2018 annual budget, to fight insurgency without appropriation by the National Assembly is unconstitutional, wrongful and a deliberate reckless desecration of the Nigerian Constitution which he swore to protect, uphold, and defend. This is not in tandem with the terms and conditions of our union, as prescribed in our Constitution. This is an impeachable offence in any Country! The power of appropriation, is a means of control put succinctly, checks and balances on the Executive, which the President is refusing to be checked by this act, though on a purported good cause of ‘fighting insurgency’. Purported, because of the discordant tunes coming from the Federal Government over the course of the last months of efforts of
“I, PERSONALLY PRAY AS A NIGERIAN CITIZEN, THAT THIS IS NOT AIMED AT BLACKMAILING US ALL AND THE NATIONAL ASSEMBLY, FOR SPENDING THIS CHUNK OF ILLEGALLY OBTAINED FUNDS FROM OUR COMMON PATRIMONY, INTO PRIVATE PURSES OR ELECTION FUNDS, IN DISGUISE”
fighting the same insurgents, which the government claims to have “technically defeated”, yet still requiring this whopping amount of money being released or taken out of the Federation’s account without approval nor scrutiny by the National Assembly, is unlawful to say the least. I, personally pray as a Nigerian citizen, that this is not aimed at blackmailing us all and the National Assembly, for spending this chunk of illegally obtained funds from our common patrimony, into private purses or election funds, in disguise. In the case of GOVERNOR OF LAGOS STATE v OJUKWU (1986) 3 NWLR (Pt.26) 39, the Supreme Court held unanimously that; “Executive lawlessness is tantamount to a deliberate violation of the constitution..... the essence of a rule of law, is that it should never operate under the rule of force or fear”. To use force or other means to effect an act (the release and expenditure of $1Billion for whatever reason, without the NASS appropriating the money through legislative means; like through an Appropriation Bill and eventually an act of Parliament)! Amounts to an attempt to infuse timidity into our (Legislative) system and operate a sabotage of the cherished rule of law. It should never happen in a democracy. In this case of GOVERNOR OF LAGOS STATE v OJUKWU (supra) Per OBASEKI, J.S.C.: “In the area where rule of law operates, the rule of self-help by force is abandoned. Nigeria, being one of the countries in the world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate...(the release of public funds without appropriation to self, because you are the President, the Executive, amounts to the introduction of self-help by force into governance or the operation of national security and our cooperate/ collective existence as a nation)..it is the duty of the Government to allow the law to take its course, or allow the legal and judicial (herein legislative) process to run its full course.... hence, the Government itself is a creation of law, and is ruled by law. Conclusion I will end my submission, with the exhortation of the Court in the case of GADI v MALE (2010) 7 NWLR (Pt.1193) 225, which lends some formidable credence to the Supreme Court’s authoritative observations copiously alluded to in the OJUKWU’S case (supra), to the following effect. “Paradoxically, for this great Nigerian Nation, the popularly acclaimed ‘Giant of Africa’, to ‘move forward’ and achieve the laudable objectives contained in the preamble of the 1999 Constitution, the three Arms of Government must work assiduously and harmoniously, in accordance with the dictates of the provisions of the Constitution and the laws. Otherwise, it would remain stagnant, underdeveloped, and a pariah nation! The future of any nation, whose three Arms of Government fail to be strictly guided by the provisions and the well cherished tenets of the law, could be aptly likened to the fate that had befallen ‘The swan, The pike And The crayfish’, who failed to draw a cart due to lack of cooperation. According to a Russian (proverbial) poem“The swan makes up ward for the cloud, The crayfish falls behind, The pike-the rivers uses,’ To judge of each one’s merits, Lies beyond my will; I know the Cart remains there, still.” Quote by Hon. Justice I.M.M. Saulawa JCA in the case of Mr. D. Makolo & Ors. v The Minister of Housing and Urban Development & Ors. CA/ L/660/10 unreported decided at the Court of Appeal, Lagos Judicial Division on 27th March, 2013. Page 9-10. Daniel Daudu Makolo, PhD Law Candidate, University of Abuja
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‘Innovative Lawyering and Justice Delivery in the 21st Century’ Last week, the Nigerian Bar Association Asaba Branch, held their Annual Law Week themed “Innovative Lawyering & Justice Delivery in the 21st Century”, at the NBA House (Bar Centre), Asaba, Delta State. The Keynote Address was delivered by Seni Adio, SAN, at the Opening Ceremony which took place on Tuesday, April 17, 2018
I
t is my distinct pleasure to be here today, not only to give this keynote address but, indeed, to participate in the Asaba Branch 2018 Law Week! The topic that I have been asked to discuss is entitled: “Innovative Lawyering and Justice Delivery in the 21st Century”. At the outset, I must indeed commend the organisers of the 2018 Law Week for the well-considered subject, which is very topical as it straddles both: [A] the challenges facing legal practitioners in terms of: (i) “encroachment” by other professionals into our practice; (ii) commoditisation of certain areas of practice; (iii) clients being increasingly reluctant to pay for legal services that they consider more as support as opposed to cerebral; and: [B] the vast opportunities presented through: (iv) technology as a means of service delivery; and (v) specialisation. Thus, we have a very bright future in the profession even though the five [5] factors that I have identified highlight some of the “disruptions” in our profession; they indeed also provide unique or, as more aptly put by the organisers of this program, opportunities to be innovative in justice delivery. I would like to quickly deal with the first issue I identified, which is what I have described as “encroachment” by other professionals. You will note that I have chosen my description very carefully – I did not say unauthorised practice of law. 1. Encroachment: A. There are certain entities known as Multidisciplinary Professional Services Networks (“MPSN”). Succinctly stated, these are very large organisations that provide a variety of professional and consulting services. And, broadly stated, these organisations engage in providing law related services, in various forms. Quite obviously, they would not dare to seek audience in court, so for many, the threat is not readily apparent. However, it is there. More specifically, these entities provide services which are law related in the areas of: (i) tax, (ii) insurance, (iii) immigration, (iv) intellectual property and (iv) employment. Notably, what curbed their initial aggressive foray into the law sphere, was the Enron catastrophe, which resulted in the advent of the Sarbanes-Oxley regime, and its corporate governance prohibitions, particularly with respect to conflict of interest dealings, causing such firms to discontinue providing certain law related services. B. On-Line Providers of Legal Services: There are numerous on-line providers of legal services. Some of the internationally well-known ones include: (i) Legal Zoom; (ii) Rocket Lawyer; (iii) US Legal; (iv) CorpNet; and (v) Smart Legal Forms. In Nigeria, there is a well-known one called “Law Padi”, with legal inquiries to be directed to their website. I have categorised these on-line service providers as “encroachers”, because, often times, they are business enterprises, in many instances not run by Lawyers. Furthermore, their real sources of revenues are through advertising and internet traffic to their websites, as opposed to payment for actual legal advice or information received by users of their services. 2. Commoditisation: What do I mean by this? Simply put, it refers to those tasks that I broadly describe as “repetitive” and “standardised”, and do not necessarily require cerebral exertion. With all due respect, these would include routine incorporation of companies; appointment and removal of directors; increase in share capital; and the like. A perfect illustration of these tasks being commoditised, is demonstrated by the fact that these are some of the key areas in which on-line service providers provide free legal advice, as well as templates/ forms for accomplishing these tasks. 3. Legal Support: This is an emerging area in these parts. Generally, clients are becoming increasingly reluctant, to pay standard professional fees for work considered as legal support. This is especially the case in the area of litigation, which often requires the review of vast amounts of documents. LegalAssistants: Inlargeinternationalfirms,thisveryimportantas pect of litigation is done by Legal Assistants, who often are not Lawyers, but bright graduates, who for various reasons, do not intend to become Lawyers and, in some cases, young very bright graduates who decide to workforawhilebeforegoingtoreadlaw. The point here is that, these folks provide invaluable legal support, for a fraction of the cost of Lawyers. Some of the services that they provide include: (i) document review; (ii) case summaries; (iii) preparation of demonstrative evidence (“chalks”); and (iv) participating in mock trials before actual trials. 4. Technology as a Means of Justice Delivery: Here, I would like to focus predominantly on the public sector, although justice delivery, is an eco-system comprising broadly speaking the public and private spheres of law practice. I am greatly encouraged by the presence of the Governor of Delta State, His Excellency, Dr. Ifeanyi Okowa; Chief Judge
Briefly, the mechanism worked based on each Lawyer admitted to the Massachusetts Bar having: (i) a unique Board of Bar Overseers Number (“BBO Number”); and (ii) unique ID and User Name to log into the portal of the Massachusetts Superior Court (the State High Court). The same applied, with respect to filings at the United States District Court for the District of Massachusetts (Federal High Court). These are some of the things that technology can do.
Seni Adio, SAN
of Delta State, Hon. Justice Marshal Umukoro;andHon. Attorney-GeneralofDeltaState,Mr.PeterMrakpor. Isay this, because their buy-in is crucial in this area. Technology is transformational in terms of justice delivery – however, It costs money – that is part of the reason why I am encouraged by their presence. We are now in 2018. I practiced law in the United States of America for approximately 15 years, and, primarily, in Boston, Massachusetts. I recall that in my law firm then, we had our first Paperless Trial in the 1990s, that is, not a single piece of paper, was handed in hard copy to the Court Clerk or Judge during trial. All the Documentary Evidence were imaged and projected on TV monitors in the courtroom. Not only that, the oral examination by counsel and the testimonies of witnesses, were also projected in real-time on the TV monitors, such that when a question was asked and there was an objection, the Court could see it or play it back, in order to promptly make a ruling. Likewise, it could be rewound for the witness to read, in case he/she feigned not hearing or understanding the question. That was in the 1990s! So, you can imagine that if we were already conducting paperless trials then, we were also transacting various forms of pre-trial activities electronically. These included: i. E-filing of new cases; ii. E-Service of processes; iii. ENotification from the courts about hearings; iv. E-Notifications from the courts about adjournments; v. E- receipts of Rulings and Orders; vi. E-Filings of Joint Motions for Continuance (Adjournments) – yes, Lawyers granted each other such courtesies and cooperation; vii. Telephonic conferences with Judges and Magistrate Judges, to discuss case management; viii. Telephonic conferences with Judges and Magistrate Judges, to argue certain motions; and, ix. Telephonic conferences with Judges and Magistrate Judges, to argue Emergency Applications. We could conduct those crucial legal tasks due to the use of Technology!
“INDEED, I FORESEE THE DAY WHEN IT WOULD BE TANTAMOUNT TO LEGAL MALPRACTICE, TO TAKE A BRIEF IN AN AREA WHERE A LAWYER, NO MATTER YOUR SENIORITY AT THE BAR, HAS LITTLE OR NO EXPERIENCE. THAT WOULD NOT BE JUSTICE DELIVERY. PUT ANOTHER WAY, TO DO THAT, WOULD BE TO DO GRAVE INJUSTICE TO A CLIENT”
There is no reason why Delta State Cannot be a Pace Settler to Revolutionise Justice Delivery Indeed, at the risk of stating the obvious, whatever the investment in technology costs, it will pay for itself in very short order. Some of the self-evident benefits include, but are not limited to the following: i. Reduction of costs: travel time; filing costs; staffing requirements; even decongestion of roads; etc. ii. Efficiencies: electronic retention and retrieval of documents; and iii. Reduction of mischief through human interventions in the Registry, such as failure to serve processes on time; “missing” processes; etc. Now, to be fair, I am very much aware, that some of these initiatives have commenced with pilot programs at the Supreme Court. Lagos State, is also in the process of automation. I know that nowadays, in my office, we often receive notifications via e-mail to come to the Court of Appeal, to ensure that records are completebeforethedatescheduledforhearings. Ibelievethat,wesometimes also receive Hearing Notices via e-mail. In sum, we are making progress. Other benefits of technology include the following: a. Document Retention and Control: Being able to retain and control the production of documents for as long as required, without having to worry about the degradation of same. This is a very significant benefit, especially with respect to public documents, that is, court documents. b. Development of Forms and Templates: This is particularly helpful to courts and legal practitioners, and reduces the need to always re-invent the wheel. In the case of a legal practitioner, for example, and based on my personal experience, Lawyers in a firm could have a shared drive where final versions of documents are saved, with standardised descriptions of such documents. Thus, the next time a Lawyer needs to file a Motion for Summary Judgement or No Case Submission in a particular type of case, he/she can search the data base for a template, which would contain, amongst other things, the legal standards; and locus classicus cases; etc. Before I come to my final issue, which is specialisation, there are certain other matters which do not necessarily fit into any particular buckets, but are very important and worth mentioning, based on discussions with both senior and young Lawyers, and, importantly, even members of the community at large, whom we serve. They are as follows: i. Emergency Judges on Weekends (Practice Directions will provide limited circumstances for recourse perhaps through the Judge’s Registrar); ii. Publication of Judgements on Court’s Websites; iii. Court referred mediation services, such as ADR-MultiDoor; and iv. Exemplary welfare of Judges and Judicial Officers. 5. Specialisation: I cannot over-state the importance of specialisation, in the context of innovation and justice delivery. With all due respect to all of us in this room, if a stranger were to ask you for your area of specialisation, what would you say? And when you respond, will your response be completely accurate? The reality is that,mostpractitionersaregeneralpract itioners. However,thepracticeoflaw has become Global and Borderless. Globalisation of law practice, is beyond my remit today, so I will pull back to specialisation in the domestic context. Specialisation is part and parcel of justice delivery, because as legal practitioners, we have a duty to our clients, to provide the best possible service that we can at all times. Indeed, I foresee the day when it would be tantamount to legal malpractice, to take a brief in an area where a Lawyer, no matter your seniority at the Bar, has little or no experience. That would not be justice delivery. Put another way, to do that, would be to do grave injustice to a client. To illustrate, you could be a highly experienced and skilled counsel in litigating complex commercial cases. However, the day you are briefed in a criminal matter, it would be wise to introspect, as to whether you have the requisite subject-matter experience for that case. That does not mean that you must decline the case. You may have a colleague in chambers who has the requisite skill and substantive knowledge, in which
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LEGAL HUMOUR Learning a lesson A prominent lawyer's son, dreamed of following in his father's footsteps. After graduating from college and law school with honours, he returned home to join his father's firm, intent on proving himself to be a skilled and worthy attorney. At the end of his first day at work he rushed into his father's office, and said, "Father, father! The Smith case, that you always said would go on forever -- the one you have been toiling on for ten years -- in one single day, I settled that case and saved the client a fortune!" His father frowned, and scolded his son, "I did not say that it would go on forever, son. I said that it could go on forever. When you saw me toiling on that case for days and weeks at a time, didn't it ever occur to you that I was billing by the hour?"
We Hold Your Brief TOBI SONIYI Dear Counsel, I appreciate your prompt response to my emails on legal questions. Now, I have a problem that requires your urgent advice. We have noticed for quite some time now, that each time my Drycleaner comes to pick up our laundry, items go missing in the house. We have lost valuables like power- banks, shoes, bags, and even clothing. Each time this happens, we have suspected our Driver. We confronted the Driver once, and he denied being the thief. Last week the Drycleaner came to pick up our laundry as usual, and the Driver saw him taking and hiding some items, as he was packing the clothes. Our Driver smartly went behind and locked the kitchen door, which was the only other way to get out. The Drycleaner, in an attempt to escape through the balcony, fell and sustained injuries. The Police subsequently came and arrested my Driver, and detained him till he was released on bail yesterday, claiming that he subjected the Drycleaner to false imprisonment. They plan to take him to court next week, despite my protest. Please, advice. Mrs. A.A. Lekki, Lagos.
Dear Mrs. A.A., I cannot find any reason, to impute the offence of false imprisonment into the scenario which you painted in your mail, as if the back door was locked, the Drycleaner could have approached anybody in the house, to open the back or front door for him to exit. Section 365 of the Criminal Code clearly provides what constitutes false imprisonment. ‘False imprisonment is the intentional unlawful bodily restraint on the body of another person. It is a common law offence and a tort. Bodily restraint must be complete. There is no false imprisonment, where the person is left free to move away in certain circumstances. (a) It is not necessarily relevant that the person is unaware of his imprisonment (b) It is not necessary to show assault to prove bodily restraint. But in a situation where a law enforcement officer arrests someone, with or without a valid warrant of arrest, it does not amount to false imprisonment. However, I advice that you brief a Lawyer to prepare a defence for your Driver, if the police insist on taking him to court.
Knowing the facts The following is a true story, and this situation supposedly occurred in a real courtroom. At a trial, an attorney was putting witnesses through an exacting cross-examination, and was taking great delight in forcing witnesses to admit that they did not remember every single detail of an automobile accident. While the lawyer knew that no witness has a perfect memory, he had honed a skill in exploiting minor inconsistencies and lapses of memory, in order to challenge the credibility of honest witnesses. After a series of scathing cross-examinations, he was looking forward to his examination of yet another witness. "Did you actually see the accident?" he asked. The witness responded with a polite, “Yes, sir”. "How far away were you when the accident happened?" "I was Thirty-four feet, seven and three quarters inches away from the point of collision." "Thirty-four feet, seven and three quarter inches?" the lawyer asked, sarcastically, "Do you expect us to believe that your memory is so good, and your sense of distance is so precise, that months after the accident you can come into court and give that type of detail?" The witness was unphased. "Sir, I had a hunch that some obnoxious, know-it-all lawyer would ask me the distance, and would try to make it seem like I was lying if I could not give an exact answer. So I got a tape measure, and measured out the exact distance.
Court Asked to Restrain BOI Trustees from Collecting Rent on Late Lord Rumens Properties Akinwale Akintunde A Lagos High Court, has been asked to restrain Bank of Industry Investment and Trust Company, from collecting rent on the properties belonging to the late Businessman and Philanthropist, Chief Olatunji Ajisomo Alabi, popularly known as Lord Rumens. Six children of the late Rumens, namely Babatunde, Subuola, Awojuola, Rukayat, Olukemi and Adeola Alabi, made this request in a restraining injunction which was filed on March 28, 2018. They had dragged BOI Trustees before the court, over
alleged mismanagement of their father’s N5.billion estate. The children had stated in the suit, that their late father appointed BOI Trustees as trustees of his estate, in his will dated July 30, 1996. Joined in the suit as co-Defendant, is the Managing Director of BOI Trustees, Mrs Betsy Obaseki and the Company Secretary, Mr. Simon Odomokwu. The children in the suit filed through their lawyer, Mr. George Oguntade, SAN claim that BOI Trustees presently lacks the financial capacity to sustain its operations, and has embarked on a fund raising initiative to stay afloat to avoid winding up its business.
'INNOVATIVE LAWYERING AND JUSTICE DELIVERY IN THE 21ST CENTURY' CONTINUED FROM PAGE 12 case you make him or her a member of the defence team. Likewise, you could engage another Lawyer as co-counsel, as often happens even amongst the largest international law firms. Even technology has a role to play in the area of specialisation. This includes, having the required resources, such as electronic case law reports; journals, periodicals; and other resources. Technology also helps, to keep abreast of the latest decisions of appellate courts and new precedents. To give two examples: a. Isubscribe,asIamsuremostofyoudo,toatleastoneelectroniclaw reporting service. I receive daily alerts of appellate decisions, and I must confess I don’t read all of them, but occasionally, I will see one that piques my attention and I will read it. I believe the most recent one that piqued my interest is a case entitled: BRILA ENERGY LTD v FRN (CA) (ratio is that a court may dispense with a certificate of authentication as provided under Section 84(4) of the Evidence Act, when a
computer generated document is tendered in evidence, where a person with personal knowledge of the proper functioning of the computer testifies as such). b. LAW360 –: I receive daily alerts from this service in areas of interest, such as White-Collar Crime Defence, Products Liability, International Arbitration, and Consumer Protection. Essentially, what I am stating is that, it behoves all of us to engage in continuing legal education (CLE). And, we don’t need to travel to get the information – we can get them on-line. That is part of the ingenuity of lawyering, in the 21st Century. In closing, I have to admit that, even what I have spent the past 20 minutes or thereabout presenting, is borderline archaic – there is another phenomenon which we Lawyers and our justice system have to deal with -- Artificial Intelligence – Scary, Isn’t it .....??? Seni Adio, SAN
They further claimed that since the demise of their father in 1998, BOI Investment and Trust Company has persistently mismanaged his estate, and has refused to give proper financial account to them. Since the suit was filed, the Defendants have not filed any response to the allegations raised by the children. However, in a twist to the matter, the children are now seeking a restraining injunction against BOI Trustees, to particularly stop the firm from collecting rent on their late father's property located at No. 39 Rumens Road, Ikoyi, Lagos. According to the children of the late Rumens, one of such fund raising initiatives by BOI, includes collecting huge rents on their father's property located in Ikoyi. In an affidavit in support of the injunction being sought, one of the children, Babatunde Alabi, averred that BOI recently demanded huge rent arrears from County Estate Limited, the property firm managing the terrace houses built on the property. He further averred that, in the light of the alleged financial predicament of BOI Trustees and its repeated failure to account for previous huge rents collected on his late father's estate, it will be in the interest of justice for the court to direct that any payment in lieu of the property, should be paid into the court's account pending the final determination of the suit. The injunction reads: "an order directing that any payment, either as rent, income, damages or however called, that may be due and payable to BOI Trustees from County Estates Limited or any other occupant of and concerning the property at No. 39 Rumens Road, Ikoyi, Lagos State, be paid into court or into such other account as may be directed by the court, pending the hearing and determination of the suit herein”.
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Exit of an Outstanding Legal Scholar, Professor Ayo Ajomo Professor Epiphany Azinge, pays tribute to his Lecturer and Mentor, Professor Ayo Ajomo, Professor of Private and Public International Law, and Jurisprudence; a past Director General of the Nigerian Institute for Advanced Legal Studies, who recently joined the Saints Triumphant. He attests to the fact that, the late Professor Ajomo “excelled beyond words”, and will be best remembered for his love and capacity for research. May his soul rest in peace. Amen
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rof. Ayo Ajomo’s reputation, preceded him all through his life. He was a distinguished and accomplished legal scholar of international repute. As a young man desirous of choosing a Law Faculty for admission, in 1976 I was confronted with series of options. My choice of University of Lagos, was ultimately predicated on the quality of lecturers on parade at the Law Faculty in the 70’s. The list includes Prof. T. Elias, Prof. L. Gower. Prof. Omotola, Dr. Abiola Ojo, Prof. M. Jegede, Prof. Ajomo, Prof. A.B. Kasumu, Dr. Jadesola Akande. Dr Akanki, Prof. Adesanya, Dr. Nylander, Dr. Akin Oyebode, Mr. Obilade (as he then was). Dr. Asumugha, Dr. Amaechi Uchegbu amongst others. No doubt, an impressive list by any standard. Prof. Elias became larger than life at the International Court of Justice, as the first African President of that court. I met Gower again, during my post graduate days in London. When you are privileged to learn at the feet of the masters, in this regard, Dr. Akanki, Prof. Gower and Lord Wedderburn of London School of Economics and Political Science, you are automatically in the league of the best and brightest in the field of Company Law. Prof. Ayo Ajomo, belonged to the elite class of Unilag lecturers of my generation. He taught me Public International Law, with zest and undiluted passion. Prof. Ajomo was more of a Teacher, than a Lecturer. He connected with the students, and played a fatherly role as well. He was my role model, in all ramifications of that expression. I can never forget some of the topics he handled for my class. Who can ever forget the “Doctrine of Hot Pursuit”, “Diplomatic Immunity” “Treaties under International Law”, “The law of the Sea” “United Nations” “Relation between International law and the State” “State Responsibility”, amongst others. Any time I remember these conversations, I remember him with reverence and admiration. His voice continues to echo in my head, and my respect for him never diminished. Prof. Ajomo excelled beyond words,
The late Professor Ayo Ajomo
during his tenure as Director General of Nigerian Institute of Advanced Legal Studies (NIALS). As a consummate administrator, he will always be remembered for his devoted
“BUT HIS INTELLECTUALISM, WAS BREATHTAKINGLY OUTSTANDING. HE WAS A SCHOLAR’S SCHOLAR, A PROFESSOR’S PROFESSOR. PROF. AJOMO WILL BE BETTER REMEMBERED, FOR HIS LOVE AND CAPACITY FOR RESEARCH”
patriotism, in the discharge of his official functions. But his intellectualism, was breath- takingly outstanding. He was a Scholar’s Scholar, a Professor’s Professor. Prof. Ajomo will be better remembered, for his love and capacity for research. As DG Of NIALS, he conceptualised the idea of annotation of laws of Nigeria. As a budding scholar at the University of Benin, I was one of those invited for this pain-staking research that spanned over 6 years. I looked forward to the engagement, at Ogere in Ogun State. But more, to share moments with leading legal scholars like Prof. Cyprian Okonkwo, SAN, Prof. Agbede, Prof. Mike Ikhiariale, Chief Awa Kalu, SAN, Prof. Bolaji Owasanonye, Prof. Demola Popoola and a few others. I was not privileged to work directly under Prof. Ajomo, during
his time at NIALS. But our paths kept crossing, because as a Special Assistant to Honourable AttorneyGeneral of the Federation(Clement Akpamgbo, SAN, Dr. Olu Onaguruwa, SAN, Chief Michael Agbamuche, SAN), my duty encompassed interfacing with NIALS on behalf of the Attorney-General. Again, he adopted me as his son, and suffocated me with wise counsel. A highly religious man, he was deep in practice of Christianity, and he tried to live by the tenets. Prof. Ayo Ajomo, left the Institute over twelve years before I was appointed Director General in 2009. Beside Hon. Justice Aguda as pioneer DG, he was the reference point and institutional memory of NIALS. I sought for his guidance, support and blessing, and he gave me all. Prof. Ajomo attended all public functions of NIALS under my watch, both in Abuja and in Lagos. His frail frame, was never an impediment. I named the Institute’s Auditorium after him, and he was very effusive in his gratitude and appreciation. Today the Ayo Ajomo Auditorium in Lagos, is as popular as any other in the world. With the benefit of hand sight, I am happy it was done in his lifetime, and he attended many functions there before he passed on. Scholars, indeed legal scholars, have their work speak for them. Prof. Ajomo’s seminal works will always be there for students, researchers, teachers and publicists. His stature as an international Lawyer, will never be diminished, especially his leadership as President of Nigeria’s Association of International Law, an association he gave leadership even outside office as President. In recognition of excellence grandly demonstrated in the field of Public International Law, he was variously appointed as Senior Legal Adviser to the Nigerian delegation to the United Nations Conference on the Law of the Sea from 1974-1982, and also as an Adviser to the United Nations on transnational corporation between 1980 and 1984. I thank God, that our paths crossed so many times in my life. I am grateful to him, for all he did to mentor me, right from my law student days, till even after my tenure as DG NIALS. His death, is for me, the loss of a father. He will be sorely missed. But he has an army of students, whose destiny he shaped (of which I am one), to remember him. He will forever live in our hearts and in our consciousness. Farewell great legal mind. Farewell my Teacher. May your soul rest in perfect peace. Amen . Professor Epiphany Azinge, Ph.D, SAN, OON, LLD, FCIMC, Former Director General, Nigerian Institute of Advanced Legal Studies, Elected member representing Nigeria and Africa at Commonwealth Arbitral Tribunal, London.
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IBA/European Lawyer Foundation’s ‘Globalising Your Legal Practice Conference’ 2018 George Etomi & Partners The magnificent Victoria Falls in Livingstone, Zambia provided a fitting background to the International Bar Association (IBA) and the European Lawyers Foundation (ELF), as they concluded another historic event in their series of training programs, to assist African Lawyers prepare to deal with effects of the globalisation of legal services. The 2018 edition of the ‘Globalising Your Legal Practice’ Conference, was organised in collaboration with the Law Association of Zambia, and had over 150 Lawyers drawn from across the Southern Africa Development Community (SADC) in attendance. The two-day program which held on April 3rd and 4th, 2018 at the Protea Hotel Livingstone, Zambia, featured Speakers from the International Trade in Legal Services Committee (ITILS), and the Bar Issues Commission (BIC) of the IBA. Following the models successfully used for the previous Conferences held in Zimbabwe (2016) and Kenya (2017), Facilitators from the ITILS and the BIC, worked closely with their African counterparts, to examine viable options for how Lawyers drawn from the 15 countries that constitute the SADC, can deal with the challenges of globalisation, while similarly harnessing the opportunities that attend globalisation of legal practice. Lubinda and Kalaluka: Reality of Globalisation The 2018 Conference, was declared open by the Honourable Minister of Justice of the Republic of Zambia, Mr. Given Lubinda, who was accompanied by the Honourable AttorneyGeneral of Zambia, Mr. Likando Kalaluka. In separate speeches, both gentlemen acknowledged the reality of globalisation, and concluded that, the legal profession in Africa was not immune from the wave of globalisation. Lubinda and Kalaluka, both urged Lawyers in the SADC to engage in the relentless pursuit of excellence, to remain competitive in a globalised environment. They also pledged their support for programs, such as the Globalising
Your Legal Practice Conference, able to assist Lawyers improve their skills in providing legal services. Both senior government officials, also particularly thanked the IBA and the ELF for the initiative, while hoping for more of such in the future. Greer: Lawyers Need to be Innovative The Conference subsequently progressed, with a presentation by Mr. Ben Greer, a retired Partner in the Law Firm of Alston & Bird LLP, a large international law firm headquartered in Atlanta, Georgia, United States of America (USA), and past General Secretary of the IBA, who gave an overview of the origins globalisation, tracing same to the World Trade Organisation (WTO)’s desire to remove the barriers to trade in goods or services across the globe. Greer acknowledged that the pace of acceptance of globalisation, had varied across the different regions of the world, but stressed that all Lawyers needed to continue to work hard in innovative ways to remain relevant. Goldsmith: Take a Cue from EU In his contribution, Mr. Jonathan Goldsmith, the Chair of the ITILS urged participants to take a cue from the EU, which had facilitated the integration of legal services in the region. According to Goldsmith, Lawyers in the EU, are presently free to practice both EU law and the laws of their respective home countries. He also noted that, the integration policy had been in place for over three decades, with little or no conflict over the policy. Goldsmith added that the benefits of globalisation far outweigh its deficiencies, and therefore, urged African Lawyers to take full advantage of the phenomenon. Concerns of the SADC Participants Following the presentations by Greer and Goldsmith, a number of participants from the SADC made their presentations, in which they expressed their concerns about the effects of globalisation, and the possible loss of legal market share to foreign Lawyers, seeing that Lawyers in SADC countries have hardly been
Bar leaders of the Southern Africa Development Community, Government Representatives and Members of the IBA team
Former President of Law Society of Zambia, Mrs. Kondwa Sakala-Chibiya and other Participants undertaking a practical exercise
L-R: Minister of Justice, Zambia, Hon. Given Lubinda, George Etomi and Attorney- General of Zambia, Hon Likando Kalaluka
availed of the opportunity to participate in the sort of briefs that attract foreign Lawyers. One of the major concerns, revolved around the perceived preference of foreign law firms by African governments, who happen to be the largest consumers of legal services. According to the presenters, African governments regularly engage foreign law firms, to advice them on various transactions, without seeking the input of local law firms or requesting that the foreign law firms collaborate with the local law firms, to ensure a transfer of the skills necessary to compete in the future. Etomi: African Lawyers Must Collaborate To address the concerns raised by other African Lawyers, Mr George Etomi, Principal Partner of George Etomi & Partners (GEP) of Nigeria, made a presentation on ‘Eliminating the Barriers to Cross Border Legal Practice in Africa’, and expressed his desire to see African Lawyers increasingly collaborate with one another. Etomi
“ETOMI CHALLENGED AFRICAN GOVERNMENTS TO COOPERATE WITH LAWYERS ASSOCIATIONS, TO ADDRESS THE MAJOR BARRIERS TO INTRA-CONTINENTAL LEGAL PRACTICE, SUCH CHALLENGES INCLUDING BORDER/IMMIGRATION REQUIREMENTS, AND JURISDICTIONAL LIMITS”
Thierry Ngoga with Diana Sichone, Secretary & Director, Securities and Exchange Commission, Zambia
challenged Lawyers Associations across the African continent, to work out an integration system to empower Lawyers on the continent harness their resources for mutual benefit. In his paper, Etomi noted that the globalisation of legal practice in Africa, was primarily driven by the influx of foreign investment into the African continent, and that cross-border legal practice was however, currently more inter-continental than it was intra-continental. The Nigerian commercial Lawyer, pointed out the fact that a number of foreign law firms had in recognition of the opportunities for cross-border legal practice in Africa, either opened offices on the continent or formed legal alliances with local law firms. Etomi challenged African governments to cooperate with Lawyers Associations, to address the major barriers to intra-continental legal practice, such challenges including Border/ Immigration Requirements, and Jurisdictional Limits. He faulted the existence of stringent entry requirements imposed by many African countries on citizens of other African countries, which make travel within the continent difficult. Etomi also called for a review of the laws and practice requirements, that bar other Africans from either being called to their Bars or engaging in legal practice within their domains. Promoting continental integration, through the faithful implementation of economic treaties on free movement of goods and services, will facilitate cross-border legal practice in Africa, according to Etomi. He similarly, urged other countries to emulate Ghana, which has introduced more liberal admission requirements for intending legal practitioners from other African countries. Attendance Dignitaries at the Conference included Minister of Justice of Zambia, Hon Given Lubinda; the Attorney-General of Zambia, Hon. Likando Kalaluka; Member, ITLILS, Mr. Thierry Ngoga of Rwanda; Former President of Law Society of Zambia, Mrs. Kondwa Chibiya-Sakala; Mr. James Banda, former President Law Society of Zambia; Current President of the Law Society of Zambia, Mr. Eddie Mwitwa; Diana Sichone, Secretary & Director, Securities and Exchange Commission, Zambia; Alonso HernandezPinzon of the European Union; Juan Javier Negri from Argentina; Jonathan Goldsmith from Belgium; Alison Hook from England; Ben Greer from USA and George Etomi from Nigeria. In all, the Globalising Your Legal Practice 2018 edition held in Zambia, provided an opportunity for Lawyers from the SADC countries and other parts of Africa, to network and learn from other Lawyers, including Facilitators from the ITLS and the BIC. Participants at the Conference, also engaged in a number of practical exercises, as well as outdoor activities, including visits to the Victoria Falls, thereby creating an experience all participants will continue to cherish for a long time to come.
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Curbing Criminal Extortion by Discos With the recent mind-boggling revelations, it is obvious that electricity distribution companies set huge monthly revenue targets and arbitrarily slam exorbitant estimated bills on consumers to achieve their targets without commensurate electricity supply. Ejiofor Alike reports It was a tale of woes in Lagos recently as helpless electricity consumers relived their pains in the hands of electricity distribution companies in the country. Since private investors took over the power assets on November 1, 2013, consumers are worried that electricity has become the only commodity in Nigeria that the seller stripes the buyer of any bargaining power and sits at the comfort of his office to decide the price to be paid by the buyer, without any regard to the quantity of goods supplied. This unilateral determination of electricity bills through arbitrary estimation by the distribution companies defies all known rules governing commercial transactions, and supplier, customer relationship. Mind-boggling revelations at a recent interactive session organised in Lagos by the House of Representatives’ Ad-hoc Committee on Electricity Customers’ Complaints showed that a modest three-bed room apartment where pre-paid customers pay N2,500 –N4,000 monthly, attracts an average estimated monthly bill of between N7,000 and N25,000 in the franchise area of the same Disco, depending on the mood of the Disco official assigning the bills and the revenue target of the company for the particular month. Apparently miffed by the unjustifiable estimated bills slammed on electricity consumers by electricity distribution companies in the country, the Leader of the House of Representatives, Hon. Femi Gbajabiamila (APC, Lagos), recently initiated a bill to criminalise such billing methods and save helpless electricity consumers. Gbajabiamila had noted that the bill would permanently address nationwide complaints by consumers, who have also alleged that apart from the criminal extortion of the consumers through estimation of bills, the unfavorable technical manipulation of the reading pattern of existing pre-paid meters has also led to incommensurate calculation of electricity purchased and consumed by customers. The media aide to the House Leader, Mr. Olanrewaju Smart reportedly said the bill became necessary following several complaints from constituents across the country over the highhandedness of the electricity companies. The bill seeks to amend the Electric Power Sector Reform Act of 2005, by creating new sections 68 to 72 to outlaw the estimated billing methodology. The bill provides that the Electricity Distribution Company shall within 30 days of receiving the application and payment for meter by a customer, install the pre-paid meter applied for in the premises of the consumer. Subsection of the new Section 68 empowers electricity consumers to ignore paying estimated bill and also exempts from electricity disconnection in the event that no pre-paid meter was issued to them by their power distribution company within 30 days. Also, the newly introduced Section 69 of the 2018 Electric Power Sector Reform Act (amendments bill) is poised to address the alleged technical manipulation of the reading pattern of the existing pre-paid meters and unknown tariff methodology. The bill further recommends imprisonment of six months for officials of relevant Disco found guilty of illegal disconnection, refusal of the disco to connect a customer after application, un-metering within 30 days of a customer applying for a pre-paid meter and issuance will of estimated billing. Failure of some private investors One of the reasons the federal government had canvassed to sell the power assets to the private investors was that privatisation would liberalise the power sector and reduce tariffs as in the case of the telecommunication sector where similar liberalisation reduced the billings for airtime and also reduced the cost of GSM line from N30, 000 to N200. The promoters of the power privatisation had also argued that electricity customers would have many choices as in the telecommunication sector where an aggrieved MTN customer can change his or her line to Glo. But nearly five years after the power assets were handed over to the private investors, consumers are now paying more than triple the actual price
Fashola to the Discos for supplying darkness without being given any choice to change from Disco A to Disco B as in the telecom sector. Customers that are worst hit by this criminal extortion by some of the Discos are those without pre-paid meters who are arbitrarily assigned very exorbitant estimated bills without commensurate supply of power. Revelations at the House of Representatives’ interactive session showed that even pre-paid customers are not safe as the Discos allegedly manipulate the smart meters from their offices to enhance speedy exhaustion of the power purchased by the consumers. Criminal extortion by Discos In their petitions to the Hon. Isreal Ajibola Famuyiwa-led House of Representatives’ Ad-hoc Committee on Electricity Customers’ Complaints, the representatives of electricity consumers in the South -West geopolitical zone expressed frustrations over the outrageous bills by the Discos. The committee was inundated with complaints over outrageous billing system, poor customer service and the inability of Discos to meter households. The consumers, who unanimously urged the federal government to cancel the power privatisation, also slammed the Nigerian Electricity Regulatory Commission (NERC) over its failure
A high point of the presentation of the petitions was the case of a young lady, who occupy three-bedroom flat with her mother and brother but was slammed N20, 000 estimated bill by Ikeja Electric in the first month, N70, 000 in the second month, N150,000 in the third month, N300,000 in the fourth month and N450,000 in the fifth month
Femi to effectively police the power sector. The consumers said the impunity displayed by the Discos and their flagrant abuse of NERC guidelines on estimated billings, stemmed from the failure of the regulatory agency to perform its oversight functions. The power consumers warned that if the federal government failed to resolve all customer complaints, a massive movement of angry and exploited consumers would resort to self help. The Chairman of Magodo GRA Phase Zone 1 Gateway Community Development Association, Mr. Bode Ojomo told the committee members that there would have been a breakdown of law and order if the House of Representatives had not set up the committee. He called on the federal government to probe the Discos over the crazy bills they slam on their customers. Tale of woes Ojomo alleged that the Discos are in the habit of setting outrageous monthly revenue targets and arbitrarily imposing them on electricity consumers without supplying electricity to justify the bills. Ojomo said his CDA had written several letters to Ikeja Electric on the issue of excessive charges levied on residents of the estate through unjustifiable estimated billing but the company had remained adamant. According to Ojomo, the CDA also pleaded with the company to install pre-paid meters in the area but the company refused. “All our efforts have not yielded any respite as Ikeja Electric keeps piling us with excessive estimated billing, which has been increasing on a monthly basis,” he said. He accused the company of extorting N10, 000 – N20,000 monthly from customers when actual consumption is below N5,000 monthly. “When the Discos charge of N10,000 – N20,000 unjustly and you go and complain, they will ask you to pay first so that they will look into it and that will be the end of the story,” he said. “If the House of Representatives did not embark on this exercise, there would have been anarchy. Nigerians are being driven to anarchy by the Discos. In my estate, they charge consumers N10,000 – N12,000 monthly for darkness. We need a holistic review of the Discos. Each of them set a monthly revenue target of let us say, N2 billion. Assuming pre-paid customers pay N500 million, they will share N1.5 billion arbitrarily to the other customers on estimation. The Discos are fraud; the National Assembly should outlaw estimated billing,” Ojomo explained. A high point of the presentation of the petitions was the case of a young lady, who occupy three-bedroom flat with her mother and brother but was slammed N20, 000 estimated bill by
Ikeja Electric in the first month, N70, 000 in the second month, N150,000 in the third month, N300,000 in the fourth month and N450,000 in the fifth month. The young lady, who submitted copies of the bills to the committee, also alleged that even when she angrily asked Ikeja Electric to disconnect her premises, the company still sent her a total of N216, 000 estimated bills for the six months she was disconnected. On their part, Olowogbowo CDA, represented by its Secretary, Mr. Bello Abdulwasiu, said the group has been inundated with series of complaints from residents over astronomical increases in electricity billings by Eko Disco and urged the committee to prevail on the company to provide them with pre-paid meters. Also, the Chairman of Ekiti Landlord and Landladies Electricity Consumers Association, Dr. Ibukun Ogundipe told the committee that the people of Ekiti are having a running battle with Benin Disco over exorbitant electricity bills. “When we wanted to demonstrate, the Commissioner of Police invited us to a meeting. At the meeting, Benin Disco promised to get back to us but they never did. There are no pre-paid meters in Ado Ekiti and Benin Disco sends us obnoxious bills. Before Benin Disco came on board, maximum consumption of a customer was 150 kilowatthour but when Benin Disco came, the company hiked the bills to 300 -450 kilowatthour. It was after our demonstration that they admitted that their bills are based on estimation. Someone was paying N2,000 before and you now increased it to N10,000 when there is no power supply,” Ogundipe explained. “Our association is now registered with CAC; we are no longer an amorphous association and we will drag Benin Disco to court. In Ekiti, we buy transformers and when we ask them to install it, they will ask us to pay for the installation. The only solution is pre-paid meter,” he added. Speaking to journalists during the interaction, Hon. Famuyiwa said public grievances against the Discos had reached a level that if the House of Representatives did not act fast, it would lead to a breakdown of law and order. “The House in its wisdom, constituted this committee to interface with the consumers, the Discos and the Nigerian Electricity Regulatory Commission (NERC) to find lasting solutions to all the problems facing the consumers………At the end of this exercise, we are going to write a report and we are going to look at the laws guiding the sector. If we need to replace some laws, we will do that; if we need to amend some laws, we will amend them. We will do anything within the legislative framework to protect the interest of Nigerians,” he explained.
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T H I S D AY ˾ TUESDAY APRIL 24, 2018
T H I S D AY ˾ TUESDAY APRIL 24, 2018
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BUSINESSWORLD
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Tasks Before NERC’s New Chairman The new chair of the board of commissioners of the Nigerian Electricity Regulatory Commission, Prof. James Momoh, has his job cut out for him already. Chineme Okafor writes that Momoh would have to quickly restore the confidence of stakeholders in Nigeria’s electricity industry and the autonomy of the regulator to honestly manage the industry’s challenges After almost three years without a substantive head to drive its tasks of regulating Nigeria’s electricity market, NERC is reportedly sliding in its regulatory commitment to the market. It is therefore, not surprising that the job before Prof. James Momoh, who was last week confirmed by the Senate as NERC’s new chairman, comes quite straightforward and really vital to the progress of the power market. Of all the troubles of the electricity market today, the realities as shared by stakeholders are that it has lost so much confidence and unable to attract relevant interests, in addition to the NERC’s apparent failure in its regulatory commitment. Thus, Momoh is expected to push through processes that could restore market confidence and put NERC back on the track as a fair and productive regulator that is independent of the whims of the ministry of power. Protracted appointment process When the tenure of Dr. Sam Amadi-led NERC ended in December 2015, it was expected that the federal government would be swift in either replacing or reappointing them considering the need to avoid an unnecessary regulatory vacuum. But it never did until in late 2016 when it nominated commissioners and inaugurated them in February 2017 without a chairman. While six of the nominated commissioners were screened and confirmed by the Senate, the then chairman-designate, Prof. Akintunde Akinwande, a US-based professor at the Massachusetts Institute of Technology (MIT), was not confirmed because he did not turn up for unknown reasons. The government, however, inaugurated the six commissioners and asked the vice chairman, Mr. Sanusi Garba, to act as NERC’s chair until a replacement for Akinwande was found. For over one year that NERC had no commissioners, its affairs were directed by an acting chairman, Dr. Anthony Akah, a general manager in the commission whose interim management of the regulator was dominated by enforcement of regulatory actions against recalcitrant operators in an effort to keep the market from going under. Subsequently, the government found a replacement for Akinwande, in Prof. James Momoh, who was announced, screened and confirmed by the Senate exactly a year after the six commissioners took office, meaning that he would be resuming at the NERC a year behind his colleagues. The new chair, Momoh In announcing President Muhammadu Buhari’s nomination of Momoh as Akinwande’s replacement in April 2017, the Senior Special Assistant to the president on media and publicity, Mr. Garba Shehu, said in a statement then that: “President Buhari strongly believes that Prof. Momoh has the technical knowledge, capacity and integrity to lead the commission’s effort to bring about the much needed change in Nigeria’s power sector.” The president, he stated thus urged the Senate to screen and confirm Momoh so he could resume work at the commission in earnest. The Senate then confirmed him last week after considering a report read by the Chairman of the Senate Committee on Power, Steel Development and Metallurgy, Senator Eyinnaya Abaribe (PDP, Abia South). Momoh is reportedly a professor of electrical engineering and computer science, as well as the Director of Energy Services and Controls at Howard University in the US. He is equally reported to be a life fellow of the Institute of Electrical and Electronics Engineers as well as a fellow of the Nigeria Society of Engineers (NSE). He also has, according to his curriculum vitae, amassed for himself over three decades of teaching and research experience in power system; smart
Momoh grid; optimisation and power communications. Momoh is reputed to be a 1987 recipient of the National Science Foundation-US White House Presidential Young Investigator Award. He has a doctorate degree in electrical engineering from Howard University; master’s degrees in systems engineering from the University of Pennsylvania; and electrical engineering from Carnegie University. He also got his bachelor’s degree in electrical engineering in 1975 from Howard University, and is a widely published scholar with several professional leadership positions held in the academia. Based on Momoh’s curriculum vitae, industry stakeholders who shared their thoughts with THISDAY on and off the records, expressed hopes that he would take up the challenges of restoring NERC’s independence which they alleged it had handed over to the power ministry to the detriment of the market. To buttress their claims, they pointed to the repeated stepping down of the tariff methodology of the market by the commission on alleged political influence from the government, thus creating backlogs of financial shortfalls for the sector, as well as the reported inability of the regulator to step up regulatory actions against operators for repeated breach of existing Service Level Agreements (SLAs) in the industry. Actions expected from Momoh From their aggregated thoughts, these experts expect that Momoh would quickly restore the confidence of the market by taking quick actions on the unimplemented tariff that have piled up and created a lot of financial instability in the sector. They posited that in taking up and imple-
menting key issues like the tariff, the confidence of operators would return to the market, as well as the regulatory independence of the NERC. According to them, the inability of the NERC to implement and enforce its tariff reviews since 2015 has done more damage to the market and its independence, hence the need to start from implementation of tariff reviews even though it is appears difficult. “For market confidence to be restored there are a few things he (Momoh) can do. But, most importantly, invoices presented at the wholesale and retail ends of the market must be settled in full,” said a market participants who preferred to stay anonymous. “My thoughts are that if he can get the retail market fully funded through a mix of tariff increases; subsidies paid by the World Bank through Power Sector Recovery Programme and the federal government, then the money will flow upward and ensure the wholesale market is fully funded as well encourage Discos to invest in metering and asset renewal,” he said. Continuing, the operator explained: “The biggest way they can show they are an independent regulator is to implement the tariff reviews immediately, which is tough, but he can provide forbearance for the government by insisting that they pay the subsidy of the retail consumers such that prices don’t change in reality.” Clarifying how such a system would work, the operator noted: “So, the NERC will go ahead and officially increase tariffs, however the Discos will not change their prices. Rather at the end of the month, they will present invoices for the difference between the NERC approved tariff and the unchanged ‘market’ tariff to the government for prompt payment”. “If the FGN pays this subsidy promptly
(together with what the Discos collect from both pre-paid and post-paid customers), the Discos should be able to settle their wholesale market bills from the Gencos,” he added. He added that: “This arrangement satisfies a few things: It allows confidence to be fully restored to the wholesale market as bills will be settled 100per cent. Also the two CBN facilities can be stopped. It provides an incentive for Discos to invest in meters and asset renewal. It also encourages them to increase collections. “It formalises the subsidy that is paid to the electricity sector. The government can budget for it properly and it increases transparency. It equally allows NERC to be fully independent and to make regulations according to its enabling statutes. If they do not agree with any of Fashola’s requests, then they can simply tell him no,” he said. “The best thing about this arrangement is that it forces the FGN to go and look for the money for subsidy for the electricity sector. No problem if they do not want retail prices to increase. But they should go and look for the money to ensure that prices stay constant,” he explained. “If the FGN refuses to pay the subsidy, the Discos should be free to raise their tariffs up to the limit set by NERC. The onus then falls on the FGN to ensure that subsidies are paid promptly. If Discos end up raising their prices because Fashola refuses to pay subsidies, then Fashola has no one else to blame but himself when tariffs go up,” he explained further. Similarly, the President of the Nigerian Association for Energy Economics (NAEE), Prof. Wumi Iledare, offered his views on what he thinks Momoh could do to revive the confidence of the market and NERC’s autonomy. Iledare said: “My advice to him is to avoid regulatory capture, the moment you depend on the people you are regulating to fund your activities, and it limits you.” He further stated on the need to get the market working again with market-based instruments: “I will like him to follow the methods he know very well on how to determine tariff. Most of the time, tariff is based on investment to supply, and in there is what we call normal rates of return. I will like to advise that he should try to engage local professionals that will tag along with him if he will bring in international professionals because the local guys will stay back when the international guys leave. “I think he will do very well having lived in the US for a long, but he must avoid landmines and be independent of the people he is regulating to survive and train his personnel.” Also in his perspective, a member of the Monetary Policy Committee (MPC) of the Central Bank of Nigeria (CBN), and one-time president of NAEE, Prof. Adeola Adenikinju, said he expected Momoh to be firm in his management of the NERC. Adeola said: “It is good we finally have a substantive chairman for the NERC to guide the electricity because for a very long time there had been so much uncertainty around the industry. Nigerians had a lot of expectations from the sector’s deregulation but after a while many people became disillusioned and even asked that it be reversed. “Momoh is well qualified and experienced and I hope he comes with a very strong vision of where the sector will be and working with his colleagues will address the challenges it has. The fact is that there are obligations on government and investors’ side and he should look at them and see to it. The issue of pricing has been there, there is a need to look at tariff because pricing is important and it signals the real cost and provide the investors reasons to make new investments and cover their costs.”
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Clipping the Wings of Regulatory Agencies The judgment of the Court of Appeal frowning at the powers of regulatory agencies to impose fines on the organisations they regulate is an opportunity to take the right to fair hearing seriously, Davidson Iriekpen writes The Court of Appeal in Calabar penultimate week clipped the wings of the National Oil Spill Detection and Response Agency (NOSDRA) when it struck down the powers of regulatory agencies to impose fines without recourse to the courts. In its judgment in favour of Mobil Producing Nigeria Unlimited (MPN) in an appeal filed by the agency against the decision of the Justice Ijeoma Ojukwu of the Federal High Court in Uyo, the appellate court struck down section 6(3) of the NOSDRA Act empowering it to impose fines on organisations it is regulating, saying it is in clear violation of the 1999 Constitution. NOSDRA was established through an Act of the National Assembly in 2006. It was established with responsibility for preparedness, detection and response to oil spillages in Nigeria. The agency was established as an institutional framework to co-ordinate the implementation of the National Oil Spill Contingency Plan (NOSCP) for Nigeria in accordance with the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC 90) to which Nigeria is a signatory. It embarks on joint investigation visits, ensures the remediation of impacted sites and monitors oil spill drill exercises and facilities inspection. It has offices in Port Harcourt, Warri, and Uyo all in the Niger-Delta region where much of oil exploration and production in Nigeria is carried out and liaising with relevant stakeholders in the Nigerian oil and gas industry to evolve practical methods of environmental management to cope with the dynamics of the petroleum sector. The agency in 2015 instituted a suit at the Federal High Court in Uyo vide a writ of summons and statement of claim dated November 10, 2016 against Mobil claiming among others, the sum of N10,000,000 as fine for the alleged contravention of its Act and regulations. The alleged contravention was in respect of the oil spill incident of June 29, 2014, at MPN’s oil facility situated at the Qua Iboe Terminal, in Ibeno Local Government Area of Akwa Ibom State. The crux of the NOSDRA’s claim was that the clean-up exercise following the oil spill at the defendant’s oil facility was not carried out in compliance with Section 6(3) of its Act, Section 6(a) of Regulation 25 of the Oil Spill Recovery, Clean-Up, Remediation and Damage Assessment Regulation, 2011, Sections 10 (1-4) and 37 (1-2) of S.I. No. 26 of the Oil Spill and Oily Waste Management Regulations, 2011, among others. Mobil upon receiving the originating processes, entered a conditional appearance and filed its statement of defence and accompanying court processes dated December 14, 2016 in opposition to the plaintiff’s originating process. The crux of its defence was to the effect that upon observing the small amount of oil released from its facilities, it immediately shut down the affected tanks operations and activated its emergency response procedure in order to contain the spread of the spilled oil which it immediately contained and cleaned up. It pleaded documents exhibiting the facts of its emergency response procedure and the joint investigation conducted by a team comprising of representatives of the agency, Department of Petroleum Resources (DPR), other relevant regulatory authorities, host community and local government area representatives. Mobil also averred in its statement of defence that the clean-up, remediation and assessment exercise of the impacted site was indeed in line with the stipulated standards of the NOSDRA Act, 2006 and its regulations. It also pleaded the plaintiff’s report rating the clean-up exercise as satisfactory. In line with the above, Mobil submitted that there was no basis for the penalty levied against it as the clean-up exercise done on its Qua Iboe Facility was indeed in line with the NOSDRA Act and regulations. Further to this, the defendant also filed a preliminary objection dated January 11, 2017 challenging the jurisdiction of the court to hear the suit. It asked the court to determine among others, whether the plaintiff has the inherent power to levy penalties on it. Its counsel, Prof. Fabian Ajogwu SAN, in his
Oil spills in Niger Delta arguments as canvassed by Prof. Fabian Ajogwu (SAN), as canvassed by Mr. Ituah Imhanze of Kenna Partners, argued among others, that the plaintiff had violated the rules of fair hearing in levying the penalty against it. The crux of its argument in this respect centred on the fact that the plaintiff has no inherent power to impose the penalty/fine levied against it without the legality or otherwise of the act complained of (alleged non-compliance with the NOSDRA Act and Regulations) having first been adjudicated upon and decided by a court of law. It argued that to allow such imposition of fines would be to allow the plaintiff become a judge in its own case, a clear violation of the principles
Lately, federal and state government agencies have been arbitrarily imposing ďŹ nes on organsiations they regulate. The judgment by the Court of Appeal not only show how seriously the courts take the issue of right to fair hearing, but a way of cautioning regulatory agencies against acting in a judicial capacity which they are not imbued with under the 1999 Constitution
of fair hearing. On May 16, 2017, Justice Ijeoma L. Ojukwu in her ruling, struck out the suit in its entirety and held that the plaintiff acted ultra vires its power by imposing fines on the defendant. The court stated that the power to impose fines is a judicial or quasi-judicial power which an administrative body like the plaintiff cannot exercise. It also confirmed that the failure of the plaintiff to create a platform for aggrieved persons to object to the imposition of fines was against the rules of justice and fairness amounting to a violation of the right to fair hearing of the defendant. Dissatisfied with the judgment, NOSDRA appealed the decision. But upholding the submissions of Mobil and affirming the ruling of the lower court, the Court of Appeal in Calabar in a unanimous decision, held that by imposing penalty on Mobil without due recourse to the courts, NOSDRA “acted in a judicial capacity which they are not imbued with� under the 1999 Constitution. In the lead judgment delivered by Justice Chioma Nwosu-Iheme, she held that by fining Mobil, NOSDRA constituteditself into a court with judicial or quasi-judicial powers, when in fact the law creating it did not donate such jurisdiction to it. She noted that the federal agency by imposing fine on Mobil, became the complainant as well as the judge in its own cause. Justice Nwosu-Iheme submitted that penalties or fines are imposed as punishment for an offence or violation of the law, adding that the power as well as competence to come to that finding belong to the courts and that NOSDRA is not clothed with the power to properly exercise that function in view of the law creating it. She held that since Section 6(6) of the Constitution in Section vests judicial powers on the courts, sentence can safely be pronounced after a conviction for an offence has been made by a court of competent jurisdiction. “Penalties or fines are imposed as punishment for an offence or violation of the law. The power as well as competence to come to that finding belong to the courts and the appellant is not clothed with the power to properly exercise that function in view of the law creating the appellant. The same constitution in Section 6(6) vests judicial powers on the courts. A sentence can safely be pronounced after a conviction for an offence has been made by a court of competent jurisdiction.�
Further submitting that it is very well known in law that a fine is a criminal sanction, the Appeal Court judge cited the judgment delivered by Justice Abba Aji of the same court in the Abdullahi vs. Kano State (2015) LPELR – 25928 where he defined fine “as a payment of money ordered by a court from a person who has been found guilty of violating law, it may be specified as the punishment for an offender, usually a minor offence, but could also be specified and used as an option to imprisonment for major crimes or a complement to other punishments specified for such crimes. I must here underline the fact that awarding a fine is a judicial act and it is the sole prerogative of a court of law under Section 6 of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended). No other organizations or bodies can usurp that power. Any law that would consign to anybody other than the courts the power to award fine is unconstitutional.� She held that the courts would not allow any authority to act ultra vires its powers under the Constitution, adding that Sections 1 and 6 of the 1999 Constitution empowers the courts to declare any Act of the National Assembly inconsistent with the provisions of the Constitution, null and void. The panel consequently, restated the power of the courts under the constitution to declare any Act of the National Assembly that is inconsistent with the constitution as null and void and pronounced that the offending provisions of the NOSDRA Act which provided the basis for the arbitrary imposition of fine by the federal agency constitutes a lacuna in the NOSDRA Act. “By the provisions of Sections 1(1) and (3) of the 1999 Constitution, the Constitution is supreme and its provisions are binding on all authorities and persons in Nigeria. Therefore, if any law is inconsistent with any provisions of the constitution, the constitution shall prevail and the other law shall to the extent of that inconsistency be void,� Justice Nwosu-Iheme held. Lately, federal and state government agencies have been arbitrarily imposing fines on organsiations they regulate. The judgment by the Court of Appeal not only show how seriously the courts take the issue of right to fair hearing, but a way of cautioning regulatory agencies against acting in a judicial capacity which they are not imbued with under the 1999 Constitution.
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T H I S D AY ˾ TUESDAY, APRIL 24, 2018
PROPERTY & ENVIRONMENT UNILAG Wades into LUC Controversy, Recommends Rental, not Capital-based Property Assessment The Department of Estate Management in the Faculty of Environmental Sciences, University of Lagos has volunteered to assist the Lagos State Government to enthrone sustainable Land Use Charge Administration to resolve the current impasse. This is in line with what the Vice Chancellor of the University, Professor Oluwatoyin Ogundipe described as desirable engagement between Town and Gown. Bennett Oghifo reports
T
he implementation of the new Land Use Charge of the Lagos State Government has, no doubt, hit a major dilemma. Regardless, the impasse, according to the University of Lagos, could be resolved if the government accepted its rich research-based findings on property tax. The University made its honourable intentions known at ‘A Round Table/Expert Panel Discussion on Property Tax Reform: Towards Sustainable Land Use Charge Administration in Lagos State,’ organised by the Department of Estate Management, Faculty of Environmental Sciences, University of Lagos, last week. Setting a tone for discussions, the Vice Chancellor, Prof. Oluwatoyin Ogundipe said the expert panel set up by the Department was desirable because it was necessary to have quality engagement between Town and Gown to “make positive impact in the environment where we live.” The VC, represented by the DVC, Management Services, Prof Emukufia Oghojafor, said
it was very pleasing that the Department of Estate Management rose to the challenge posed by the controversial new Land Use Charge Law. He charged them to make the outcome of the roundtable available to the Lagos State government, Federal Ministry of Power, Works and Housing and to the University of Lagos. In her presentation, the Head, Department of Estate Management, Prof. Modupe M. Omirin commended the state government for its desire to better the lot of residents, but observed that the reviewed Land Use Charge Law lacked key ingredients and thus counterproductive. The HOD, and other experts, who discussed the new law, also provided an alternative. Prof. Modupe M. Omiri stated that the purposes of the Land Use Charge Law are quite laudable. But, “We are advocating a careful reconsideration of the key issues underlying the Law in order to ensure sustainable administration which, in addition to Adam Smith’s canons of taxation – certainty, equity, convenience and economy; will include acceptability; enforceability; affordability; legality or
L-R: Professor of Tax & Fiscal Matters, University of Lagos, Prof Abiola Sanni; UNILAG DVC, Management Services, Prof Emukufia Oghojafor; Head of Department Estate Management, Prof Modupe Omirin; and Dean, Faculty of Environmental Sciences, Prof Micheal Adebamowo, at the expert roundtable in the Department’s conference room… recently
legitimacy; and transparency. “A good property tax system and the Land Use charge for that matter must be seen to comply with the principles of good governance which also include inclusiveness, subsidiarity, accountability and efficiency. It is the seeming absence of evidence of some of these characteristics that has engendered so much of the negative reactions seen so far.” She said there are some fine
points in the new LUC Law, but that what is wrong with it is the “adoption of capital values as basis of assessment of all properties. Unlike annual rental values which are receivable by property owners and evidence of which is easier to obtain through market surveys and records of actual collection, Capital values are not realisable until a sale occurs. Their determination is not as clear and the fact that transactions
that yield evidence of capital values are very infrequent and are subject to various influences make them suspect as a basis for an annual levy. Without gainsaying, the new tax regime may discourage real estate investments in an already depressed market plagued by a rising housing deficit. “The 40% general relief on all assessed capital values does not in any way provide any relief for persons not in
beneficial occupation of their properties. A recourse to the use of Annual rental value (or in the case of properties not let, the annual equivalent of the capital value) should be the basis because; It is more transparent and easier to achieve; The incidence will be on actual earnings from the property; There will be reduced need to adopt an arbitrary general relief rate; The potential inflationary effect of the LUC rate review will be better understood and dealt with; Assessment will be easier based on abundant actual evidence or comparables; Capital values are subjective and ‘unreal’ because they do not actually accrue to landlords until a sale occurs and may never do.” Landlords, she said would shift the incidence of increased LUC by charging higher rents on residential, commercial and other types of property. “Tenants will in turn shift the incidence to goods sold, services rendered, thereby causing widespread inflation and hardship for all citizens. In an economy that is already seriously constrained this is a dangerous trend.”
Obika Realtors Promises Royal Residence Estate Subscribers Lagos Outlines Strategies to Returns within 24 Months Remove Refuse Heaps Bennett Oghifo Subscribers to Royal Residence Estate, being developed by Messrs Obika Realtors Ltd on the Lekki – Epe corridor of Lagos, have been assured of good earnings on their investment within the next 24 months. Similarly, Obika Realtors has urged prospective investors in the middle class, who desire to own property at an affordable rate, to take advantage of the real estate stride taking place in a fast-growing area like Ibeju–Lekki that is housing the largest development in Lagos, the Centre of Excellence, in recent times. Managing Director, Obika Realtors, Mrs. Ekamma Ufot made these remarks while carrying out the second physical allocation exercise to some of the allottees of Royal Residence Estate at the site in Eluju Town, Ibeju – Lekki Local Government, in company of the company chairman ,Barrister Paul Obi . According to her, the title documents presented at the event included Deeds of Assignment, which give the subscribers full ownership of the plots paid for, and other related documents the allottees would need at the town planning office in the course
Chairman, Obika Realtors Ltd., Chief Paul Obi; his wife, Mrs. Maryann Obi; and Managing Director of the company, Mrs. Ekamma Ufot, at the second physical allocation and presentation of title documents to allottees of Royal Residence Estate in Eluju, Ibeju -Lekki LGA, Lagos
of developing the property. The developer received commendation from the subscribers after they saw the high class infrastructure that had been put in place to aid decent living in the estate, few months after it was launched. Mrs Ufot listed some of the facilities already inaugurated in the estate as the inner roads into the well-mapped-out plots, perimeter fencing of the 10 acre land, grading of the main link road to the estate from the Lekki – Epe expressway, magnificent gate house, site office to provide ancillary services to allottees in the process of their property
development. She said the estate, which first phase development covers 54 plots with over 80% already paid for, would have very fast level of financial appreciation in view of its excellent location and the peculiarity of being free from any interference from local inhabitants of the area, popularly referred to as Omoniles. The Managing Director noted that even the locals have been of good assistance to them in their ongoing operations on site, and to some allottees who had indicated interest in commencing development on
their plots. According to her, security of lives and property in the course of the development is of utmost priority to the company, as there are plans for 24/7 security cover in the estate as part of the services to allottees of the scheme. Mrs Ufot briefed the subscribers on the advantages of what she described as “the good neighbours of the estate”, including the Lekki Free Trade Zone, Dangote Refinery, Lekki Deep Sea Port and New International Airport, among others, stressing that the estate offers close proximity to great developments. Reflecting on the past few months when the estate was launched, she expressed optimism about the project, stressing that the company was on the verge of embarking on the second phase of the scheme, stating, “we are upbeat on the project and assurances of keen interest on the scheme is spurring us to move to the next three phases.” She said all the organisation had been doing was in line with its goal of transforming dreams to reality for all prospective landed property owners within the ambit of all government regulations. Mr Ade Adefalu , one of the
Bennett Oghifo Lagos State Government has assured that heaps of refuse would disappear from the streets of Lagos in a few days with the renewed collaboration among the government, waste collection operators and Visionscape. Giving this assurance at the weekend, the Special Adviser to the Governor on the Cleaner Lagos Initiative, Engineer Adebola Shabi stated that the concerted efforts of the stakeholders would lead to an imminent total evacuation of waste from the streets. “We have been engaging different stakeholders, the waste collection operators, the community development committees, the market women, the civil societies, landlords and tenants’ associations and various NGOs in the state to assess how we have performed in the last one year. “There are still ongoing discussions with the waste collection operators, the former PSP operators and the state government, in conjunction with Visionscape to have as many Transfer Loading Stations, to ease the disposal of waste in the state. “Olusosun dumpsite has been shut down by His Excellency because of the safety of the
people working there and public health. And we have been asking the trucks to be going down to Ewe Elepe and Epe and we are looking at the distance, as most of the waste collectors’ trucks cannot go far distance, “ Shabi stated. The S.A to the governor said 60 per cent of waste generated in Lagos would end up at the Epe landfill while the remaining 40 per cent would be recycled and used for other purposes. “In the next few months, Visionscape will take stock of more trucks to enhance performance in waste collection,” he said. According to him, Visionscape has distributed over eight million garbage bags and over 400,000 garbage bins in the last two months. “What we want from people living in Lagos is to generate your waste, bag your waste and drop them in front of the houses, for effective cleaning and preventive blockage of our drainages and canals. “The garbage bags and bins are meant for the waste generated, so please ensure that the wastes are being packaged and kept at the front of the houses,” he said. Shabi also said the state government will establish plastic collection centres in 57 council areas of the state.
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T H I S D AY ˾ TUESDAY, APRIL 24, 2018
PROPERTY & ENVIRONMENT
Housing Challenge: Understand the Process of Buying a Property in Lagos State Olusola Oduleye Nigerians abroad and those living in the country have been scammed several times trying to purchase a property. This can be traced to either they don’t understand the process involved in acquiring a property or chose not to carry out due diligence. As a property professional, I have seen people fall prey to scam and other dubious acts making them lose millions of Naira. Even though we know that government have not played its role in providing affordable housing, the onus is up to individuals and corporate organisation to know the
process involved in buying a property. With this knowledge, they would know if they are involved in the right transaction or are being scammed. After several years as a Real Estate consultant, it is no news that the government is not taking the appropriate step to combat the bureaucratic process involved in verifying a property and the lack of affordable housing in Nigeria. Abraham Maslow’s Hierarchy of Needs puts shelter as a basic need for every human. Without shelter, a man’s social activities and other areas of life will be distorted. Also, adding to the fact that man needs a place to rest after the day’s work.
What should have been a basic provision by the government has become a den of lions for scammers and fraudsters who claim to be Real Estate professionals. According to 2011 housing survey report, there is 17million housing deficit in Nigeria. These challenges of housing in Nigeria can existed in previous administrations. In 1991 the government of Ibrahim Babangida promulgated the National Housing Policy aimed at making housing affordable and accessible, but the policy failed. I would not bore you with the failures of the past administrations. Even the current administration under the
leadership of Babatunde Fashola as the Minister of Works, Power and Housing also introduced a policy to address the challenge of housing in the country, you can tell the result. The foregoing shows that Nigeria is not bereft of policies. And I’m sure it’s not stopping soon; this is the reason I believe you should understand the process involved in purchasing a property of your own so you are not scammed. What both the state and federal government have failed to address is an indicator of the many abnormalities that happening in the housing industry. Every adult at a time or another would get involved in housing transaction, either for
outright acquisition (purchase) or on Lease (rent). My focus as a practising real estate professional is to explain the p process involved in the acquisition of properties (Virgin Land or a House). And to help individuals and corporate organisations who want to buy properties have the basic knowledge of what to look out for when involved in buying a property. I tailor this article to properties in Lagos, but I’m sure it can be applied in other parts of the state. When considering buying a property the first process is to sort out the aspect of finance, location & housing type. Immediately you find
a property of interest and have agreed on a purchase price, quickly request for the copy of the subsisting Title or registration details of the property for a Title search at the Lagos State Lands Bureau. The essence of Title verification at the Lands Bureau is to ensure that there is no encumbrance(s) on the property. You may not do this yourself; the service of a Professional is required in the verification of Title. This is one of the most important aspects of buying a property, in the real sense; it is the residual interest in the property that will be transferred. This aspect must be handled with utmost professionalism.
Africa Crafts Message of Sustainability for International Climate Negotiations Action on climate change and sustainable development together is the way forward for Africa. That is the top-line message that regional, public and private sector delegates will carry to international climate negotiations after a week of deliberations in Nairobi, the Kenyan capital. Some 800 delegates from 59 countries, including ministers and other high-level government and international officials, together with non-state delegates, offered their insights into the challenges and possible responses to climate change, and harvested those insights for consideration in the official international climate negotiation process. The collecting of views – under the banner of the year-long Talanoa Dialogue launched at negotiations in Bonn, Germany, in November 2017 – was a key part of Africa Climate Week that just concluded in Nairobi. At the first regional Talanoa event since the launch in Bonn, delegates distilled their deliberations into key messages: Finance – Public finance must be instrumental in unlocking private finance Markets – Carbon markets are about doing more together, and doing more with less Energy – Energy is a high priority, affecting everything. Financial instruments should be put in place to de-risk investment and enhance involvement in smaller and medium-sized enterprises Sustainable Development Goals (SDGs) – Achieving the SDGs, including the climate one is the only way forward Technology – Businesses are ready to pick up new technology solutions, provided there is a good business case. The voice of the private sector is needed now more than ever. The top-line message of delegates, that action on climate change is essential for sustainable development, was echoed in remarks by Erik Solheim, Executive Director, UN Environment, at the closing of the first Africa Climate Week, and of the Week’s cornerstone event, the 10th Africa Carbon Forum. “We are engaged across most of the Sustainable Development Goals and clearly focusing on
how to create synergy between the different goals and especially with the climate goal, which is essential for achievement of all the other goals,” said Mr. Solheim. The UN’s 2030 Sustainable Development Agenda details 17 global goals covering poverty, hunger, health, education, climate change, gender equality, water, sanitation, energy, urbanization, environment and social justice. “Africa can, should and will be the leader of ambitious climate change action in the world,” said David On’are, a Director at Kenya’s National Environment Management Authority (NEMA), citing a key message coming out of regional ministerial discussions that took place this week in Nairobi. “There is the need to raise ambition, interest, innovation and mobilize the necessary means of implementation to address climate change.” Countries agreed in Paris in December 2015 to limit global average temperature rise to 2 degrees Celsius and work toward a safer 1.5-degree goal. In coming to their agreement in Paris, countries also recognized that success will require broad-based climate action by all sectors of society, both public and private, and by individuals. “To achieve our goals, we need more ambition and action. Not just by national governments—they cannot do it on their own—but by all levels of government, business, investors and everyday people working together,” said Patricia Espinosa, Executive Secretary, UN Climate Change, at a highlevel session on Thursday. “The good news is that momentum is picking up and we’re beginning to see the transformational shifts we need.” Africa Climate Week, 9-13 April, was hosted and supported by the Government of Kenya and organized by the Nairobi Framework Partnership, together with NEMA. The Nairobi Framework Partnership (NFP) is celebrating this year its 10th anniversary, as is the Africa Carbon Forum, which was launched by NFP to spur investment in climate action through carbon markets, mechanisms and finance.
L-R: The ALSF Management Board, Amadou Dieng (Senegal); Stephen Karangizi, the Director and CEO of the ALSF; Dorcas Achapa (Kenya) as Chairperson; Dandi Gnamou (Benin); Mohammed Rafique (Mozambique); and Bruce Montador (Canada)
Lagos Tasks Manufacturers Lagos Dissociates Itself from Associations on Recycling of Mayfair Gardens Water Rate Crisis Wastes The Lagos State Government has charged members of the Manufacturers Associations of Nigeria (MAN) to be part of the solution to environmental pollution and waste management challenge by tapping into the enormous opportunity in waste recycling in Lagos State. The Commissioner for the Environment, Babatunde Durosinmi-Etti, gave this charge when members of Manufacturers Associations of Nigeria, Ikeja branch, paid him a courtesy visit in his office at Alausa on Wednesday. Durosinmi-Etti stated that the Lagos State Government was preoccupied with creating an enabling environment where manufacturing and commerce could thrive. His words: “We have to continue to think of how to create an enabling environment and build infrastructure so as to continue to encourage manufacturing and Commerce” He explained that the environment must be of paramount concern to both government and investors as it was a consideration for the ease of doing business. “We recognize that members of your association (MAN) are employers of labour and equally generators of waste. Consequently you ought to take cognizance of waste to wealth initiatives to provide solutions and create more
employment, while government build the necessary infrastructure and create the needed environment for business to thrive”, he said. The Commissioner emphasised that Lagos State was in the forefront of efforts to build local capacity and entrepreneurship as exemplified by achievements of the Lagos State Employment Trust Fund (LSTF) and the ongoing partnership with the Lagos State Welders Association, through the Lagos State Vocational Education Board (LSVEB) for the manufacturing of wastes bins. The Chairman, Ikeja Branch of the Manufacturers Associations of Nigeria, Otunba Francis Meshioye, commended the cordial relationship between manufacturers and the Lagos State Government as he called for more harmonious relationship with State Government Agencies. Also, the government has partnered a community, and an asphalt company on emission control. Following media reports and subsequent sealing of Righteous Construction Company Nigeria Limited, the Lagos State Government has mediated between the asphalt producing company and the host community to foster understanding and guide the abatement process.
The Lagos State Government has dissociated itself from the water rate crisis currently causing disaffection between residents and the management of the Mayfair Gardens Estate, located along Lekki Epe Expressway, saying that no such rates emanated from the Government. This was disclosed by the Commissioner for the Environment, Mr. Babatunde Durosinmi- Etti in his office in Alausa on Monday during a meeting with the Heads of the Lagos State Water Regulatory Commission, Architect Kabir Abdullahi and Lagos Water Corporation, Engr. Munir Badmus. The Environment Commissioner urged Lagosians to report any illegal billing or borehole closure to the Ministry of the Environment, stating that government would not authorize the closure of any borehole in the state except where such borehole was found to be contaminated and unfit for domestic use. Durosinmi- Etti said that Mayfair Gardens was a private residential Estate, built and maintained by HFP Engineering. “Being a private Estate, HFP Engineering has been responsible for servicing the Estate with social amenities such as water. This is an indication that the Estate, not being serviced by the Lagos Water Corporation, could not have received bills from the
water Agency”, he said. He stated further that for selling water to its residents, the Estate could be categorized as commercial users of water, adding that government would not hesitate to give charges where applicable to promote responsible commercial usage of water in Lagos State. The Environment Commissioner emphasised that the State Government had introduced some measures of control for commercial usage of water, because water is a resource that must be protected. He said that regulation, control and monitoring of all state water resources was to take inventory of the sources, quality of water produced and consumed by citizens and also to promptly identify any known sources of pollution of the underground water. He said that Government was not unaware of the hardship that the misunderstanding between the management and residents of the Estate had caused, stressing that State Government was prepared to intervene and help the two parties resolve the contentions issues. In his wards: “the environment and wellbeing of the people is our concern. This is why we must wade in to the crisis to stem any form of environmental degradation that could be the outcome of water crisis in that Estate.”
T H I S D AY ˞ ˜ APRIL 24, 2018
30
BUSINESS/MONEYGUIDE
Survey Highlights Likely Effects of Higher Ination Rate on Economy Obinna Chima Respondents to a survey conducted by the Central Bank of Nigeria (CBN) believe the economy would end up weaker if prices of goods and services begin to rise faster than they are presently. The CBN stated this in its “Inflation Attitudes Survey Report,â€? for the first quarter (Q1) 2018, that was obtained on its website. The survey was conducted from March 19 - 24, 2018, from a sample size of 2,070 Households that were randomly selected from 207 Enumeration Areas (EAs) across the country, with a response rate of 83.5percent. According to the report, respondents were asked what would become of the Nigerian economy if prices started to rise faster than they do now. But the result showed that 54.7 per cent of the respondents believed that the economy would end up weaker as 11.6 per cent stated that it would be stronger; 16.2 per cent of the respondents believed it would make a little difference, while 17.2 per cent stated that they did not know. “The responses suggest considerable support for price stability, as majority (54.7 per cent) agreed that the economy
will end up weaker. This is consistent with the notion that inflation is constrains economic growth. “When asked how prices have changed over the past 12 months, respondents gave a median answer of 4.7 per cent. “Of the total respondents, 16.2 per cent thought prices had gone down or not changed, 61.2 per cent felt that prices had risen least three per cent, while 16.9 per cent felt that prices inched up by more than oneper cent, but less than three per cent. “Those that had no idea were 5.8 per cent. The median expectation of price changes over the next 12 months was that prices would inch up by 2.3 per cent,� it stated. Furthermore, it showed that from the total responses, 41.1 per cent of the respondents expected prices to rise by at least three per cent over the next 12 months; 14.2 per cent expected prices to increase by more than oneper cent, but less than 3 per cent. Similarly, 36.9 per cent of the respondents were optimistic that prices over the next 12 months would either go down or remain the same. “The percentage of re-
spondent households who felt that interest rates had risen in the last 12 months fell by 14.7 points to 31.6 points in the current quarter when compared to 56.3 points attained in Q4, 2017. “On the other hand, 8.8 per cent of respondents believed that interest rates had fallen, 15.3 per cent of the respondents believed the rates stayed about the same in the last 12 months, while 44.3 per cent of the households had no idea. “The result revealed that more households perceived that interest on bank loans and savings rose over the past 12 months. “On the expected change in interest rates on bank loans and savings over the next 12 months, more respondents (26.9 per cent) were of the view that the rates will rise, while 17.5 per cent believed that the rates will fall. “A net rise value of 9.4 per cent was recorded compared to 6.5 per cent attained in the previous quarter. About 59.6 percent of the respondents either expected no change or had no idea. “Similarly, the respondents were asked whether it would be best for the Nigerian economy for interest rates to rise or fall,� it added.
Ecobank Supports African Start-ups The Ecobank Group has invited African fintech entrepreneurs to enter for its Ecobank Fintech Challenge. Now in its second year, a statement yesterday explained that the initiative gives African start-ups the chance to promote their fintech solutions, and potentially to partner the panAfrican bank in rolling-out their solutions across Ecobank’s 33 markets. The bank announced that it is currently welcoming submissions from all start-ups and developers in any of Africa’s 54 countries to enter its 2018 competition. Applications for the competition will close on 20th May, 2018 “Ten finalists will be selected to participate in an Awards and Innovation Fair at the global headquarters of Ecobank in LomĂŠ, Togo in July 2018.
Following a series of pitches from the finalists, a panel of judges will select the top three winners, who will receive cash prizes worth $10,000, $7,000, and $5,000 respectively,� it stated. Furthermore, it revealed that all 10 finalists woul also be conferred with the “Ecobank Fintech Fellows,� and would among others, qualify to explore opportunities to partner with Ecobank including: Multinational product roll-out:the most commercially viable start-ups can launch their products in Ecobank’s 33 markets across Africa; service provider partner deals- start-ups with deep capabilities to become pan-African service partners within Ecobank’s ecosystem; and mentoring and networking support. The Group CEO, Ecobank, Mr. Ade Ayeyemi, reiterated the
bank’s dedication to support innovations in banking and finance across the continent. “We, at Ecobank, believe that the current winds of change led by technology and innovation will redefine how banks do business, and indeed the relationships people have with their money. “We want to be at the forefront of this change, in partnership with Africa’s rising start-ups, and that is why we created the Ecobank Fintech Challenge,� he added. Also, the Ecobank Group Executive for Operations and Technology, Mr. Eddy Ogbogu said “the maiden 2017 edition of the Challenge proved that Africa has an impressive army of highly capable fintech start-ups. Ecobank is looking forward to another successful competition.�
FCAM’s Legacy USD Bond Listed on NSE The Legacy USD Bond Fund, a mutual fund managed by First City Asset Management Limited (FCAM) and registered with the Securities and Exchange Commission (SEC), has been listed on the Nigerian Stock Exchange (NSE). The Fund, which recorded a 244.44 per cent subscription in its initial public offering (IPO), had raised over $6 million. A statement quoted the Chief Executive Officer of FCAM, Mr. James Ilori to have commended the NSE for working with the FCAM on listing the investment. “We believe that the listing is another step towards making our mutual funds easily available to the investing public, irrespective of where they are based. We will continue to work with the NSE in creating opportunities for investors to efficiently access safe and value-adding investment
products and services. Legacy USD Bond Fund has now reopened to new and existing investors,� Ilori added. The Legacy USD Bond Fund is an open-ended investment vehicle registered with the SEC and managed by FCAM. It gives investors the opportunity to invest in US dollar denominated fixed income securities on a continuous basis and aids currency diversification. It also provides flexibility with respect to the timing of investments in, and redemptions from the Fund. The objective of the Legacy USD Bond Fund is to generate stable income over the long-term. The Fund is being managed as a unit trust scheme designed for investors seeking an efficient way to earn stable income in US Dollar, from investing in a portfolio comprising
of high quality, registered, and tradeable US Dollar fixed income securities. According to the statement, FCAM, which also manages two of Nigeria’s mutual funds -Legacy Debt Fund and Legacy Equity Fund- provides services that cut-across collective investment schemes such as mutual funds, which are predominantly for retail investors, as well as specialised discretionary portfolio management, for ultra-high and high networth individuals and institutional investors. “The company has consistently focused on delivering international standard wealth and investment management services, aimed at meeting investors’ desire for safety of investments, diversification and good returns,� the statement added.
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
AUGUST 2017 Broad Money (M2)
21,851,454.31
-- Narrow Money (M1)
9,890,813.10
---- Currency Outside Banks
1,523,239.91
---- Demand Deposits
8,367,573.19
-- Quasi Money
11,960,641.22
Net Foreign Assets (NFA)
9,732,990.89
Net Domestic Assets(NDA)
12,118,463.42
-- Net Domestic Credit (NDC)
26,821,446.81
---- Credit to Government (Net)
4,824,226.22
---- Memo: Credit to Govt. (Net) less FMA
7,834,536.74
---- Memo: Fed. and Mirror Accounts (FMA)
--3,010,310.52
---- Credit to Private Sector (CPS)
21,997,220.59
--Other Assets Net
--14,702,983.39
Reserve Money (Base Money)
5,486,804.65
--Currency in Circulation
1,868,735.07
--Banks Reserves
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 20, 2018
The price of OPEC basket of fourteen crudes stood at $70.36 a barrel on Friday, compared with $70.96 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela SOURCE: OPEC headquarters, Vienna
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T H I S D AY ˾ ˜ ͰͲ˜ ͰͮͯͶ
MARKET NEWS
UBA Shareholders Hail Performance, Higher Dividend Payout Goddy Egene Shareholders of United Bank for Africa (UBA) Plc yesterday hailed the board and management of the bank for the impressive performance recorded in 2017 and were highly pleased with the remarkable contributions of its African subsidiaries that accounted for over 45 percent of the group’s income. The shareholders gave the commendation at the 56th
annual general meeting in Lagos. UBA posted profit after tax (PAT) of N78.6 billion for the 2017 financial year and recommended a total dividend of 85 kobo per share, which ratified at the AGM. Speaking at the meeting, the Chairman, Progressive Shareholders Association of Nigeria, Mr. Boniface Okezie: “I want to especially commend the management of UBA especially the Chairman, Tony Elumelu and Group
P R I C E S MAIN BOARD
F O R DEALS
Managing Director/CEO, Kennedy Uzoka, who have been managing activities of this great institution for the past two years. We, the shareholders are impressed with results that you have recorded so far and the achievements that the bank has recorded under your leadership, especially the sterling contributions of our subsidiaries in Africa. We are especially impressed with what the bank has been doing
S E C U R I T I E S MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
in Africa. It has gone a long way to show that good things can come from Africa. UBA has showcased a high level of ingenuity in the banking space, and we are glad for how this is translating into gains for our business.” Another shareholder, Mr. Timothy Adesiyan, commended the bank for being the first bank in Africa to embrace Artificial Intelligence technology into the banking space, through
T R A D E D MAIN BOARD
A S
the introduction of UBA’s Leo. Also, speaking at the meeting, Nonah Awoh, who commended the bank for the performance, equally tasked the management to do more to ensure that all the African subsidiaries contribute at least 50 per cent to the bottom-line. In his address to shareholders, Elumelu, said the bank recorded strong growth in both top and bottom lines in 2017. He said: “Overall, our bank
O F
grew profit before tax by 16.1 per cent to N105.3 billion. More importantly, the bank remains financially strong, our balance sheet is well protected and our commitment to exceeding regulatory requirements remains. We recently opened for operations in Mali, because that economy is a viable one and would contribute to our bottom-line. Mali will benefit from UBA’s presence there while UBA will also benefit from Mali.”
2 3 / 0 4 / 2 0 1 8 DEALS
MARKET PRICE
QUANTITY TRADED
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˾ TUESDAY, APRIL 24, 2018
32
Nigeria Daily Stock Market Report: dŚŝƐ ĂLJ ĨƌŝŶǀĞƐƚ ϰϬ ŐĂŝŶƐ ϭϲďƉƐ
THISDAY AFRINVEST 40 INDEX
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Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
Ticker
ƋƵŝƟĞƐ DĂƌŬĞƚ džƚĞŶĚƐ ĞĂƌŝƐŚ WĞƌĨŽƌŵĂŶĐĞ͙ E^ ^/ ĚŽǁŶ ϭϮďƉƐ dŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ ŽĨ ƚŚĞ ĚŽŵĞƐƟĐ ďŽƵƌƐĞ ǁĂƐ ƐƵƐƚĂŝŶĞĚ ĂƐ ƚŚĞ ůů ^ŚĂƌĞ /ŶĚĞdž ; ^/Ϳ ĨĞůů ϭϮďƉƐ ƚŽ ƐĞƩůĞ Ăƚ ϰϬ͕ϳϲϯ͘ϵϯ ƉŽŝŶƚƐ ǁŚŝůĞ zd ƌĞƚƵƌŶ ŵŽĚĞƌĂƚĞĚ ƚŽ ϲ͘ϲй͘ ŽŶƐĞƋƵĞŶƚůLJ͕ ŝŶǀĞƐƚŽƌƐ ůŽƐƚ Eϭϴ͘ϰďŶ ĂƐ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝnjĂƟŽŶ ĚĞĐůŝŶĞĚ ƚŽ Eϭϰ͘ϳƚŶ͘ zĞƐƚĞƌĚĂLJ͛Ɛ ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ůĂƌŐĞůLJ ŽŶ ĂĐĐŽƵŶƚ ŽĨ ƐĞůůͲŽīƐ ŝŶ ŵĂƌŬĞƚ ďĞůůǁĞƚŚĞƌƐ Ͳ E' D ;ͲϮ͘ϭйͿ͕ 'h Z Edz ;ͲϬ͘ϲйͿ ĂŶĚ t W K ;Ͳϱ͘ϭйͿ͘ ĞƐƉŝƚĞ ƚŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ͕ ĂĐƟǀŝƚLJ ůĞǀĞů ƐƚƌĞŶŐƚŚĞŶĞĚ ĂƐ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ĂƉƉƌĞĐŝĂƚĞĚ Ϯϳ͘ϳй ĂŶĚ ϭϰϴ͘ϯй ƚŽ ϯϬϵ͘ϰŵ ƵŶŝƚƐ ĂŶĚ Eϳ͘ϱďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ dŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀŽůƵŵĞ ǁĞƌĞ E/d, ;ϳϲ͘ϳŵͿ͕ & E, ;Ϯϰ͘ϯŵͿ ĂŶĚ E/' Z/ E Z t Z/ ^ ;Ϯϭ͘ϬŵͿ ǁŚŝůĞ E/' Z/ E Z t Z/ ^ ;EϮ͘ϳďŶͿ͕ E/d, ;EϮ͘ϭďŶͿ ĂŶĚ /Ed Z t ;EϳϲϬ͘ϭŵͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀĂůƵĞ͘ Kŝů Θ 'ĂƐ ĂŶĚ ŽŶƐƵŵĞƌ 'ŽŽĚƐ /ŶĚŝĐĞƐ dƌĞŶĚ EŽƌƚŚǁĂƌĚƐ ĂŵŝĚƐƚ ĞĂƌŝƐŚ ^ĞĐƚŽƌ WĞƌĨŽƌŵĂŶĐĞ WĞƌĨŽƌŵĂŶĐĞ ĂĐƌŽƐƐ ƐĞĐƚŽƌƐ ǁĂƐ ďƌŽĂĚůLJ ďĞĂƌŝƐŚ ĂƐ ϯ ŽĨ ϱ ŝŶĚŝĐĞƐ ƵŶĚĞƌ ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ ƐŽƵƚŚǁĂƌĚƐ ƐĂǀĞ ƚŚĞ Kŝů Θ 'ĂƐ ĂŶĚ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚŝĐĞƐ͘ dŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ĚĞƉƌĞĐŝĂƚĞĚ ƚŚĞ ŵŽƐƚ͕ ƐŚĞĚĚŝŶŐ Ϯ͘ϳй ĚƵĞ ƚŽ ƐĞůůŽīƐ ŝŶ E' D ;ͲϬ͘ϲйͿ ĂŶĚ t W K ;Ͳϱ͘ϭйͿ͘ dŚĞ ĂŶŬŝŶŐ ĂŶĚ /ŶƐƵƌĂŶĐĞ ŝŶĚŝĐĞƐ ĂůƐŽ ůŽƐƚ Ϭ͘ϲй ĂŶĚ Ϭ͘ϰй ƌĞƐƉĞĐƟǀĞůLJ ŽŶ ĂĐĐŽƵŶƚ ŽĨ ƉƌŽĮƚ ƚĂŬŝŶŐ ŝŶ 'h Z Edz ;ͲϮ͘ϭйͿ͕ t D ;Ͳϯ͘ϮйͿ ĂŶĚ KEd/E^hZ ;Ͳϱ͘ϭйͿ͘ KŶ ƚŚĞ ŇŝƉ ƐŝĚĞ͕ ƚŚĞ Kŝů Θ 'ĂƐ ŝŶĚĞdž ŐĂŝŶĞĚ Ϭ͘ϲй ĨŽůůŽǁŝŶŐ ďƵLJŝŶŐ ŝŶƚĞƌĞƐƚ ŝŶ &KZd ;нϰ͘ϵйͿ ĂŶĚ d ZE ;нϯ͘ϰйͿ ǁŚŝůĞ ƚŚĞ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚĞdž ŝŶĐŚĞĚ Ϭ͘ϯй ŚŝŐŚĞƌ͕ ĂƐ Ă ƌĞƐƵůƚ ŽĨ ďĂƌŐĂŝŶ ŚƵŶƟŶŐ ŝŶ E/' Z/ E Z t Z/ ^ ;нϮ͘ϵйͿ͘ /ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ ^ƚƌĞŶŐƚŚĞŶƐ ůƐŽ͕ /ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ ŝŵƉƌŽǀĞĚ ĨƌŽŵ Ϭ͘ϳdž ƌĞĐŽƌĚĞĚ ŝŶ ƚŚĞ ƉƌĞǀŝŽƵƐ ƐĞƐƐŝŽŶ ƚŽ Ϭ͘ϴdž ĂƐ ϭϵ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ Ϯϰ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŚĞ ƚŽƉ ƉĞƌĨŽƌŵŝŶŐ ƐƚŽĐŬƐ ǁĞƌĞ > ZE &Z ;нϵ͘ϮйͿ͕ dZ E^ KZW ;нϴ͘ϬйͿ ĂŶĚ '> yK^D/d, ;нϱ͘ϲйͿ ǁŚŝůĞ KEd/E^hZ ;Ͳϱ͘ϭйͿ͕ hE/dz ;Ͳϰ͘ϳйͿ ĂŶĚ &>KhZD/>> ;Ͳϰ͘ϳйͿ ǁĞƌĞ ƚŚĞ ůĞĂƐƚ ƉĞƌĨŽƌŵŝŶŐ ƐƚŽĐŬƐ͘ &ŽůůŽǁŝŶŐ ƚŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ ŝŶ LJĞƐƚĞƌĚĂLJ͛Ɛ ƐĞƐƐŝŽŶ ĂůďĞŝƚ ƚŚĞ ŝŵƉƌŽǀĞŵĞŶƚ ŝŶ ŝŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ͕ ǁĞ ĞdžƉĞĐƚ ďĂƌŐĂŝŶ ŚƵŶƟŶŐ ƚŽ ĐŽŶƟŶƵĞ ƚŽ ĚƌŝǀĞ ƉŽƐŝƟǀĞ ŵĂƌŬĞƚ ƉĞƌĨŽƌŵĂŶĐĞ ŝŶ ƚŚĞ ŶĞĂƌ ƚĞƌŵ ĂƐ Yϭ͗ϮϬϭϴ ĞĂƌŶŝŶŐƐ ƌĞƉŽƌƚƐ ƌŽůů ŽƵƚ͘ ŽŵƉĂŶLJ ŝŶ &ŽĐƵƐ͗ hŶŝŽŶ ĂŶŬ ŽĨ EŝŐĞƌŝĂ WůĐ ;h EͿ hŶŝŽŶ ĂŶŬ ŽĨ EŝŐĞƌŝĂ WůĐ ;͞hŶŝŽŶ͟ Žƌ ͞ƚŚĞ ĂŶŬ͟Ϳ ďĞŐĂŶ ŽƉĞƌĂƟŽŶƐ ŝŶ ϭϵϭϳ ĂŶĚ ƌĞĐĞŶƚůLJ ĐĞůĞďƌĂƚĞĚ ŝƚƐ ϭϬϬƚŚ ĂŶŶŝǀĞƌƐĂƌLJ ǁŚŝůĞ ĂĚŽƉƟŶŐ ƚŚĞ ƐůŽŐĂŶ ŽĨ ͞zŽƵƌ ^ŝŵƉůĞƌ ĂŶĚ ^ŵĂƌƚĞƌ ĂŶŬ͘͟ KŶ ƌĞĂĐŚŝŶŐ ŝƚƐ ϭϬϬƚŚ ĂŶŶŝǀĞƌƐĂƌLJ ƚŚĞ ĂŶŬ͛Ɛ ĨŽĐƵƐ ǁĂƐ ƚŽ ͞ ĞůĞďƌĂƚĞ͕ /ŵƉĂĐƚ ĂŶĚ >ĞĂĚ͟ ǁŚŝůĞ ĞdžƉĂŶĚŝŶŐ ŝƚƐ ƉƌŽĚƵĐƚ ƉŽƌƞŽůŝŽ͘ dŚĞ 'ƌŽƵƉ ĐƵƌƌĞŶƚůLJ ĐŽŶƐŝƐƚƐ ŽĨ hŶŝŽŶ ĂŶŬ ŽĨ EŝŐĞƌŝĂ WůĐ ĂŶĚ hŶŝŽŶ ĂŶŬ h< WůĐ ĂŌĞƌ ĞŵďĂƌŬŝŶŐ ŽŶ Ă ƐĂůĞ ŽĨ ŝƚƐ ƐƵďƐŝĚŝĂƌŝĞƐ ŝŶ ϮϬϭϰ ƚŽ ĨŽĐƵƐ ŽŶ ĐŽƌĞ ďĂŶŬŝŶŐ͘ /Ŷ ϮϬϭϲ͕ ƐŚĂƌĞŚŽůĚĞƌƐ ŽĨ hŶŝŽŶ ďĂŶŬ ĂƵƚŚŽƌŝnjĞĚ ƚŚĞ ďĂŶŬ ƚŽ ƌĂŝƐĞ ƵƉ ƚŽ EϱϬ͘ϬďŶ ǀŝĂ Ă ƌŝŐŚƚƐ ŝƐƐƵĞ͘ hŶŝŽŶ ŝƐ ĐƵƌƌĞŶƚůLJ ƌĂƚĞĚ ͞ ͟ ďLJ &ŝƚĐŚ ƌĂƟŶŐƐ͘
/Ŷ ŝƚƐ ϵD͗ϮϬϭϳ ƌĞƐƵůƚ ƌĞůĞĂƐĞĚ ĞĂƌůŝĞƌ͕ ƚŚĞ ĂŶŬ͛Ɛ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ƌĂƚŚĞƌ ƵŶĚĞƌǁŚĞůŵŝŶŐ͘ 'ƌŽƐƐ ĞĂƌŶŝŶŐƐ ƌŽƐĞ ϭϱ͘ϲй zͲŽͲz ƚŽ EϭϬϵ͘ϱďŶ ŝŶ ϵD͗ϮϬϭϳ͕ ƐƵƉƉŽƌƚĞĚ ďLJ Ă ϮϮ͘ϰй zͲŽͲz ŝŶĐƌĞĂƐĞ ŝŶ ŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ;ĨƌŽŵ EϳϮ͘ϯďŶ ϵD͗ϮϬϭϲ ƚŽ Eϴϴ͘ϱďŶ ϵD͗ϮϬϭϳͿ͘ ŽŶƚƌĂƌLJ ƚŽ ƚŚĞ ŐƌŽǁƚŚ ƌĞĐŽƌĚĞĚ ŝŶ ŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ͕ ŶŽŶͲŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ƵŶĚĞƌƉĞƌĨŽƌŵĞĚ͕ ĨĂůůŝŶŐ ϲ͘ϯй ƚŽ EϮϭ͘ϬďŶ ŝŶ ϵD͗ϮϬϭϳ ;ĨƌŽŵ EϮϮ͘ϱďŶ ŝŶ ϵD͗ϮϬϭϲͿ͘ dŚĞ 'ƌŽǁƚŚ ŝŶ ŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ǁĂƐ ĚƌŝǀĞŶ ďLJ Ă Ϯϲ͘ϯй ƵƉƟĐŬ ŝŶ ůŽĂŶƐ ĂŶĚ ĂĚǀĂŶĐĞƐ ĂƐ ǁĞůů ĂƐ ĂŶ ŝŶĐƌĞĂƐĞ ŝŶ ŝŶƚĞƌĞƐƚ ĨƌŽŵ dƌĞĂƐƵƌLJ ŝůůƐ ;ƵƉ ϮϬ͘Ϭй zͲŽͲz ƚŽ EϮϭ͘ϵďŶͿ͘ DĞĂŶǁŚŝůĞ͕ ƚŚĞ ĂŶŬ͛Ɛ ŶŽŶͲŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ǁĂƐ ĚƌĂŐŐĞĚ ďLJ Ϯϭ͘ϲй ĚĞĐůŝŶĞ ŝŶ KƚŚĞƌ ŽƉĞƌĂƟŶŐ ŝŶĐŽŵĞ ĂƐ ǁĞůů ĂƐ Ă ϵϴ͘Ϯй ĚŝƉ ŝŶ ĞͲ ďƵƐŝŶĞƐƐ ŝŶĐŽŵĞ ǁŚŝĐŚ ĨĞůů ϲϭ͘ϱй ƚŽ EϬ͘ϳďŶ ĂƐ ĂƌĚ &y ŐĂŝŶ ƌĞĚƵĐĞĚ ĨƌŽŵ Eϭ͘ϰďŶ ŝŶ ϵD͗ϮϬϭϲ ƚŽ EϮϱ͘Ϭŵ ŝŶ ϵD͗ϮϬϭϳ͘ KŶ ƚŚĞ ŽƚŚĞƌ ŚĂŶĚ͕ ŽƉĞƌĂƟŶŐ ĞdžƉĞŶƐĞƐ ŐƌĞǁ ϭϬ͘ϭй zͲŽͲ z ƚŽ Eϰϵ͘ϬďŶ ĨƌŽŵ Eϰϰ͘ϲďŶ ŝŶ ϵD͗ϮϬϭϲ͘ ŽŶƐĞƋƵĞŶƚůLJ͕ W d ĂŶĚ W d ĨĞůů Ϯ͘ϭй ĂŶĚ ϰ͘ϲй ƚŽ Eϭϯ͘ϬďŶ ĂŶĚ EϭϮ͘ϰďŶ ƌĞƐƉĞĐƟǀĞůLJ ŝŶ ϵD͗ϮϬϭϳ͘ KŶ Ă ƋƵĂƌƚĞƌ ŽŶ ƋƵĂƌƚĞƌ ďĂƐŝƐ͕ Yϯ͗ϮϬϭϳ ƐƚĂŶĚĂůŽŶĞ ƐŚŽǁĞĚ ĂŶ ĞƋƵĂůůLJ ǁĞĂŬ ƉĞƌĨŽƌŵĂŶĐĞ͘ 'ƌŽƐƐ ĞĂƌŶŝŶŐƐ ĨĞůů ϭϵ͘ϰй YͲŽͲY ƚŽ EϮϬ͘ϯďŶ ;ĨƌŽŵ EϮϱ͘ϱďŶ ŝŶ YϮ͗ϮϬϭϳͿ͕ ĚƌĂŐŐĞĚ ďLJ ĚĞĐůŝŶĞƐ ŝŶ ŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ;ĚŽǁŶ Ϯ͘ϲй ƚŽ EϯϬ͘ϮďŶ ĨƌŽŵ Eϯϭ͘ϬďŶ ŝŶ YϮ͗ϮϬϭϳͿ ĂŶĚ ŶŽŶͲ ŝŶƚĞƌĞƐƚ ŝŶĐŽŵĞ ;ĚŽǁŶ ϯϳ͘ϯй ƚŽ Eϱ͘ϮďŶ ĨƌŽŵ Eϴ͘ϯďŶ ŝŶ YϮ͗ϮϬϭϳͿ͘ ůƐŽ͕ W d ĂŶĚ W d ĨĞůů Ϯϳ͘ϭй ĂŶĚ ϯϭ͘ϵй ƚŽ Eϯ͘ϱďŶ ĂŶĚ Eϯ͘ϮďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ ĞƐƉŝƚĞ ŝƚƐ ƵŶĚĞƌǁŚĞůŵŝŶŐ ϵD͗ϮϬϭϳ ĞĂƌŶŝŶŐƐ ƌĞƐƵůƚ͕ ǁĞ ĞdžƉĞĐƚ ƚŚĞ ďĂŶŬ ƚŽ ƚĂŬĞ ƐƚĞƉƐ ƚŽ ƌĞĚƵĐĞ ĐŽƐƚ ƉƌĞƐƐƵƌĞƐ ŽŶ ƉƌŽĮƚĂďŝůŝƚLJ ƚŽ Ɛƚ ƉĞƌĨŽƌŵĂŶĐĞ ĨŽƌ &z͗ϮϬϭϳ͘ /Ŷ ĂĚĚŝƟŽŶ͕ ǁĞ ďĞůŝĞǀĞ ŵĂŶĂŐĞŵĞŶƚ͛Ɛ ĐŽŵŵŝƚŵĞŶƚ ƚŽ Ɛƚ ŝƚƐ ƌĞƚĂŝů ƐĞŐŵĞŶƚ ďLJ ůĞǀĞƌĂŐŝŶŐ ŽŶ ƚĞĐŚŶŽůŽŐLJ ƚŽ ĚƌŝǀĞ ƉƌŽĮƚĂďŝůŝƚLJ͕ ǁŝůů ďĞ ƉŽƐŝƟǀĞ ĨŽƌ ƚŚĞ ďĂŶŬ͘
Afrinvest Securities Lim-
(RC 603 315)
(A Dealing Member of the Nigerian Stock Exchange)
Tuesday, April 24, 2018
Current Price
Previous Current Price Weighting Change
THISDAY AFRINVEST 40 1,718.88
0.16% -2.1%
Price Change YTD
Price Change Index to Date
ROE
ROA
P/E
P/BV
11.4%
71.9%
23.3%
8.0%
7.8x
1.0x
Divinden Earnings d Yield Yield
4.6%
12.3%
1
Guaranty Trust Bank PLC
43.90
20.7%
7.7%
8.3%
32.6%
5.2%
7.1x
2.5x
6.2%
14.0%
2
Zenith Bank PLC
27.20
0.7%
12.4%
6.1%
4.9%
26.3%
3.6%
4.6x
1.2x
9.9%
22.0%
3
Nigerian Brew eries PLC
129.70
2.9%
7.8%
-3.9%
-4.0%
19.2%
8.8%
31.3x
5.8x
3.2%
3.2%
4
Nestle Nigeria PLC
1,422.50
0.0%
6.6%
-8.6%
-8.6%
89.0%
21.3%
33.4x
25.1x
3.0%
3.0%
5
Dangote Cement PLC
248.00
-0.6%
6.0%
7.8%
7.8%
26.3%
12.4%
21.3x
5.5x
4.2%
4.7%
6
FBN Holdings Plc
13.45
4.7%
7.6%
52.8%
53.0%
2.6%
0.3%
21.9x
0.8x
1.5%
4.6%
7
Access Bank PLC
11.20
0.0%
4.3%
7.2%
5.7%
13.0%
1.6%
5.2x
0.6x
5.8%
19.4%
8
United Bank for Africa PLC
11.25
0.4%
4.3%
9.2%
8.1%
16.1%
2.0%
5.0x
0.8x
7.6%
20.1%
9
Ecobank Transnational Inc
19.50
0.0%
3.4%
14.7%
19.9%
10.3%
0.8%
7.3x
0.7x
3.1%
13.6%
10
SEPLAT Petroleum Development C
737.10
0.0%
3.3%
17.7%
17.7%
19.4%
11.1%
4.3x
0.8x
2.0%
23.4%
11
Stanbic IBTC Holdings PLC
50.00
3.1%
20.5%
22.2%
28.9%
3.8%
9.5x
2.8x
1.0%
10.6%
12
Unilever Nigeria PLC
53.00
0.0%
3.0%
29.3%
31.8%
19.2%
8.0%
28.4x
3.9x
0.9%
3.5%
13
Guinness Nigeria PLC
103.00
0.0%
2.3%
9.6%
9.6%
14.6%
5.6%
19.3x
2.7x
0.6%
5.2%
14
Lafarge Africa PLC
43.60
-1.9%
1.4%
-2.9%
-2.9%
-32.7%
-6.5%
1.5x
3.4%
-11.6%
15
Fidelity Bank PLC
2.55
-0.8%
1.2%
3.7%
-1.2%
8.0%
1.1%
0.4x
5.5%
44.9%
9.60
0.0%
1.9%
60.3%
60.3%
40.7%
4.2%
4.3x
1.0x
20.55
-4.0%
1.1%
2.8%
0.9%
43.2%
19.8%
8.0x
3.1x
12.1%
12.5%
4.1%
13.1%
2.2x
16
Oando PLC
17
Dangote Sugar Refinery PLC
23.1%
18
Okomu Oil Palm PLC
73.50
0.0%
1.1%
8.6%
8.6%
44.1%
32.7%
7.7x
2.9x
19
International Brew eries PLC
47.00
-1.1%
0.6%
-13.8%
-14.5%
24.6%
7.4%
49.2x
11.2x
20
Flour Mills of Nigeria PLC
33.55
-4.7%
0.7%
15.7%
15.7%
13.1%
3.0%
7.0x
0.8x
2.7%
14.3%
21
Transnational Corp of Nigeria
9.3%
2.0%
1.76
8.0%
0.6%
20.5%
18.9%
8.3%
1.8%
10.8x
1.2x
1.1%
0.6%
0.5%
0.6%
0.6%
2.2%
0.8%
23.0x
0.6x
3.8%
25.5%
2.5%
0.3%
7.9x
0.2x
22
UAC of Nigeria PLC
17.00
23
Diamond Bank PLC
1.97
0.0%
0.6%
31.3%
24
Total Nigeria PLC
233.80
0.0%
0.5%
1.7%
25
FCMB Group Plc
2.51
0.0%
0.7%
172.00
0.0%
4.3% 12.6%
1.7%
31.0%
6.5%
9.9x
2.8x
7.3%
10.1%
58.9%
5.1%
0.8%
5.3x
0.3x
4.0%
18.9%
4.7%
11.8%
26
11 PLC
0.4%
-11.6%
-11.6%
30.8%
11.0%
8.5x
2.3x
27
Forte Oil PLC
39.30
4.9%
0.4%
-9.6%
-6.4%
19.6%
1.8%
10.6x
3.4x
28
PZ Cussons Nigeria PLC
22.50
0.0%
0.4%
9.2%
6.4%
10.7%
5.0%
21.3x
2.2x
2.2%
29
Cadbury Nigeria PLC
14.50
0.0%
0.3%
-7.5%
-7.1%
2.6%
1.1%
57.1x
2.3x
1.1%
1.8%
30
Presco PLC
66.00
0.0%
0.3%
-3.6%
-3.6%
39.7%
28.0%
2.6x
0.9x
3.0%
38.5%
31
NASCON Allied Industries PLC
20.25
0.0%
0.3%
9.5%
5.4%
54.6%
19.5%
10.0x
4.7x
7.4%
10.0%
10.00
0.0%
0.8x
7.2%
32
UPDC Real Estate Investment Tr
0.3%
0.0%
0.0%
33
Union Bank of Nigeria PLC
6.10
0.0%
0.2%
-21.8%
-18.8%
5.6%
1.2%
7.8x
0.4x
34
Julius Berger Nigeria PLC
27.00
0.0%
0.3%
-3.6%
-3.6%
17.3%
1.8%
7.5x
1.2x
35
Sterling Bank PLC
36
Dangote Flour Mills Plc
37
GlaxoSmithKline Consumer Niger
32.00
5.6%
38
Chemical and Allied Products P
38.75
0.0%
39
Beta Glass PLC
75.50
0.0%
40
Transcorp Hotels Plc
7.45
0.0%
4.7%
12.8% 3.7%
13.4%
1.72
1.2%
0.4%
59.3%
52.2%
9.0%
0.9%
5.9x
0.5x
1.2%
17.1%
13.35
-0.4%
0.3%
9.9%
9.9%
61.6%
15.8%
4.3x
1.9x
1.5%
23.2%
0.3%
48.1%
48.1%
61.2%
23.6%
6.6x
2.4x
23.3%
15.1%
0.2%
14.0%
8.5%
66.2%
30.2%
18.1x
12.1x
5.3%
5.5%
0.1%
47.1%
47.1%
18.4%
11.9%
10.6x
1.8x
1.4%
9.4%
0.1%
3.3%
3.3%
5.3%
2.9%
19.5x
1.0x
1.8%
5.1%
T o p 10 G a ine r s T ic k er
9.4%
T o p 10 T r a d e s b y V o l u m e
P ric e
P ric e C hg %
Vo lum e
P ric e C hg %
LEA R N A F R C A
1.31
9.2%
GUA R A N T Y
67.4
0.6%
T R A N SC OR P
1.76
8.0%
F ID ELIT YB K
14.9
-1.6%
GLA XOSM IT H
32.00
5.6%
FB NH
14.7
1.6%
2.75
5.0%
J A P A ULOIL
12.9
3.8%
10.3
-0.8%
N EM FO
T ic k er
39.30
4.9%
FCM B
A F R IP R UD
4.40
4.8%
Z EN IT H B A N K
9.1
0.2%
H ON YF LOUR
2.67
4.7%
UB A
8.2
-0.4%
FB NH
13.45
4.7%
SOVR EN IN S
7.6
-4.3%
SOVR EN IN S
0.23
4.5%
A C C ESS
7.2
0.0%
J OH N H OLT
0.57
3.6%
SKYEB A N K
6.5
5.2%
P ric e
P ric e C hg %
Value
P ric e C hg %
C ON T IN SUR E
1.66
-5.1%
NB
2732.2
2.9%
UN IT YB N K
1.21
-4.7%
Z EN IT H B A N K
2070.4
0.7%
T o p 10 T r a d e s b y V a l u e
T o p 10 L o s e r s T ic k er
T ic k er
33.55
-4.7%
IN T B R EW
760.7
-1.1%
J A IZ B A N K
0.82
-4.7%
FB NH
318.7
4.7%
A F R IN SUR E
0.22
-4.3%
ST A N B IC
245.8
2.0%
SKYEB A N K
0.91
-4.2%
GUIN N ESS
164.6
0.0%
CHA M S
0.46
-4.2%
FO
158.5
4.9%
20.55
-4.0%
D A N GC EM
134.6
-0.6%
J A P A ULOIL
0.51
-3.8%
OA N D O
121.5
0.0%
M B EN EF IT
0.28
-3.4%
UA C N
121.1
0.6%
F LOUR M ILL
D A N GSUGA R
Investment Research
Brokerage Ayodeji Ebo | aebo@afrinvest.com
Robert Omotunde | romotunde@afrinvest.com
Bolaji Fajenyo | bfajenyo@afrinvest.com
Omotola Abimbola | oabimbola@afrinvest.com
33
˾ TUESDAY, APRIL 24, 2018
MARKET NEWS
Stanbic IBTC Nominees Highlight Opportunities in Custody Market Goddy Egene Stanbic IBTC Nominees Limited, a subsidiary of Stanbic IBTC Bank Plc, recently organised an investor services forum to interact with and update its existing and potential customers on developments in the market with the aim of unlocking new market opportunities and enhance participation of local investors in custody services. A custodial service refers to when a corporate entity or individual (custodian)
holds a property or asset on behalf of a client. Specifically, a custodian is a financial institution that holds clients’ securities for safekeeping in order to minimise the risk of theft or loss. Securities such as share certificates, bonds, stocks and treasury bills are some of the assets a custodian holds for clients. Speaking at the event, the Chief Executive of Stanbic IBTC Nominees Limited, Mr. Akeem Oyewale, said new opportunities for growth, triggered by a variety of factors, are consistently
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
emerging in the wealth creation and management space and tapping into such opportunities requires having the right information that aids successful planning and implementation. According to him, the realisation underlined Stanbic IBTC’s determination to arm its clients with requisite information and tools to stay ahead of the curve. “Custodianship is a pivotal component in the capital market value chain and as the level of awareness on how to harness the benefits
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 20Apr-2018, unless otherwise stated.
of custodianship is still low in Nigeria, all hands should be on deck to bring everyone on board for mutual benefit,” he said. Oyewale explained that said advances in technology had enabled custodians to expand product solutions well beyond their traditional roles of settlement and safekeeping to reporting on and monitoring fund investment portfolios, which is consistent with increasing demands on corporate governance, as well as the increased accountability
expected of fund managers and/or trustees. According to him, change is inevitable in life and in business, which makes it imperative to keep track of developments in the market. He said such new insights provided that vaunted springboard to opportunities that maximise business and investment success. “In the area of business we operate, change is a constant thing and as such it is critical to intimate our clients on what is changing in our market and in the industry.
Changes can be regulatory, industry or competition driven, or it could be set off by enhanced risk awareness, as well as environmental and technological changes,” Oyewale stated. He added that technological changes, for instance, had engendered big data analytics, which availed real-time information as well as generated actionable insights that helped managers enhance business performance, increase efficiency and lower structural costs and risks.
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 N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.86 0.87 4.23% ACAP Income Funds 0.66 0.66 8.66% 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 14.20% 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 160.04 160.84 5.40% AXA Mansard Money Market Fund 1.00 1.00 14.10% 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 13.91% Paramount Equity Fund 12.29 12.61 10.86% Women's Investment Fund 103.48 106.14 2.84% 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 100.00 100.00 13.90% 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 13.63% Coronation Balanced Fund 1.13 1.15 7.84% 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 1,148.30 1,149.46 0.10% FBN Heritage Fund 149.75 151.06 7.16% FBN Money Market Fund 100.00 100.00 14.03% FBN Nigeria Eurobond (USD) Fund - Institutional $112.44 $112.92 -0.56% FBN Nigeria Eurobond (USD) Fund - Retail $112.42 $112.90 -0.48% FBN Nigeria Smart Beta Equity Fund 181.44 183.93 10.84% 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 3.00 3.00 4.13% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,187.08 3,220.07 6.75% Coral Income Fund 2,579.17 2,579.17 5.41% 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 13.75% 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 14.04% Vantage Balanced Fund 2.18 2.20 3.41% Vantage Guaranteed Income Fund 1.00 1.00 15.63% Kedari Investment Fund (KIF) 119.61 120.03 4.02%
LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.17 1.20 2.53% Lotus Halal Fixed Income Fund 1,046.17 1,046.17 3.88% 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 16.10 16.24 14.21% Meristem Money Market Fund 10.00 10.00 14.00% 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 N/A N/A N/A PACAM Fixed Income Fund N/A N/A N/A PACAM Money Market Fund N/A N/A N/A 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 132.78 135.38 3.20% 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 N/A N/A N/A 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 2,369.47 2,389.94 5.65% Stanbic IBTC Bond Fund 185.56 185.56 5.16% Stanbic IBTC Ethical Fund 1.07 1.09 6.93% Stanbic IBTC Guaranteed Investment Fund 232.18 232.27 5.44% Stanbic IBTC Iman Fund 192.47 194.48 7.43% Stanbic IBTC Money Market Fund 100.00 100.00 14.05% Stanbic IBTC Nigerian Equity Fund 10,192.77 10,331.73 5.41% Stanbic IBTC Dollar Fund (USD) 1.08 1.08 2.35% 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 1.34 1.35 0.22% United Capital Bond Fund 1.66 1.66 5.93% United Capital Equity Fund 0.98 1.00 6.58% United Capital Money Market Fund 1.00 1.00 13.02% United Capital Eurobond Fund 105.40 105.40 2.43% United Capital Wealth for Women Fund 1.13 1.14 4.28% 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 13.43 13.63 7.06% Zenith Ethical Fund 14.07 14.23 6.69% Zenith Income Fund 19.94 19.94 5.36% Zenith Money Market Fund 1.00 1.00 13.08%
REITS NAV Per Share
Yield / T-Rtn
10.00 134.63
-11.35% 1.64%
Bid Price
Offer Price
Yield / T-Rtn
12.31 160.64 118.86
12.41 164.04 121.04
1.55% 12.46% 8.78%
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
5.12 9.49 18.81 21.63 160.31
5.16 9.57 18.91 21.83 162.31
7.99% -0.87% 5.89% 9.89% 7.85%
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.
T H I S D AY ˾ ͰͲ˜ ͰͮͯͶ
34
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T H I S D AY ˾ TUESDAY APRIL 24, 2018
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T H I S D AY ˾ ͰͲ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY APRIL 24, 2018
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TUESDAY APRIL 24, 2018 ˾ T H I S D AY
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INTERNATIONAL
email:foreigndesk@thisdaylive.com
US Builds Drone Base in Niger, Crossroads of Extremism Fight In its bid to combat the growing extremist threat in Africa’s vast Sahel belt, the US Air Force is building a base for armed drones, according to an AP report on Monday. The base, which will be built on the scorching edge of the Sahara Desert, will the newest front in America’s anti-terrorism battle. Three hangars and the first layers of a runway command a sandy, barren field. Niger Air Base 201 is expected to be functional ea rly next year. The base, a few miles outside Agadez and built at the request of Niger’s government, will eventually house fighter jets and MQ-9 drones transferred from the capital Niamey. The drones, with surveillance and
added striking capabilities, will have a range enabling them to reach a number of West and North African countries. Few knew of the American military’s presence in Niger until October, when an ambush by Islamic State group-linked extremists killed four US soldiers and five Nigeriens. The $110 million project is the largest troop labour construction project in US history, AP reported Air Force officials as sayin. It will cost $15 million annually to operate. Citing security reasons, no official will say how many drones will be housed at the base or whether more US personnel will
be brought to the region. Already the U.S. military presence here is the second largest in Africa behind the sole permanent US base on the continent, in the tiny Horn of Africa nation of Djibouti. The drones at the base are expected to target several different al-Qaida and Islamic State groupaffiliated fighters in countries throughout the Sahel, a sprawling region just south of the Sahara, including the area around Lake Chad, where the Nigeria’s Boko Haram insurgency has spread. As the U.S. puts drones at the forefront of the fight against extremists, some worry that civilians will be mistaken for fighters.
INVITATION TO TENDER Purpose: Motor Vehicle Procurement th Issuance Date: 24 April, 2018 Deadline for Submissions: 14thMay, 2018 The Johns Hopkins University Centre for Communication Programs (JHUCCP), has received USAID funding, under the Breakthrough Action project, to implement SBC activities across health areas in Nigeria from2017-2022. Purpose & Specifications Breakthrough Action seeks to invite competent and interested vendors who are legally registered in Nigeria to submit bids for the supply, delivery and maintenance of vehicles. Quantity: 4
Quantity: 16
Armenian PM Resigns after Days of Protests Armenian Prime Minister Serzh Sargsyan has resigned after days of large-scale street protests against him, according to BBC. Opposition supporters accused Mr Sargsyan of clinging to power after he was appointed prime minister last Tuesday, soon after finishing two five-year
terms as president. “The street movement is against my tenure. I am fulfilling your demand,” he said in a statement. Former prime minister Karen Karapetyan takes over as acting PM, reports said. The announcement came soon
after opposition leader Nikol Pashinyan was released from detention. Mr Pashinyan had been arrested on Sunday after televised talks with Mr Sargsyan collapsed. As well as Mr Pashinyan, two other opposition politicians and some 200 demonstrators were held.
Last Paris Attacks Suspect Sentenced to 20 Years over Brussels Shootout A Belgian court on Monday sentenced the sole surviving suspect in the Paris attacks, Salah Abdeslam, to 20 years in prison on terror charges over a bloody gun battle with police in Brussels days before his capture in 2016., AFP reported. Abdeslam’s co-defendant Sofiane Ayari received the same sentence
after the pair were convicted of terrorism-related attempted murder over the shootout in which four police officers were wounded. Judges at the court in Brussels said that “there can be no doubt about their commitment to radicalism” as they handed down the maximum jail term as demanded by Belgian prosecutors
at the trial in February. “The terrorist nature of the facts under question in March 2016 appears to be established,” the judgment said. Neither Abdeslam, 28, a Belgian-born French national, nor Ayari, a 24-year-old Tunisian citizen, was in court to hear the verdict.
On Appeal, Serb Leader Slams ‘Myths’ about Bosnian War Once-feared Bosnian Serb leader Radovan Karadzic Monday urged UN judges to throw out his war crimes convictions, angrily denying he was behind a campaign of ethnic cleansing and murders in the Balkans conflict two decades ago, AFP reported. Addressing the start of a twoday appeal hearing, Karadzic, 72, fiercely denounced what he called “myths” about the permanent removals or expulsions of Bosnian Muslims and Croats during the 1992-95 war. In March 2016, he was sentenced to 40 years behind
bars for the bloodshed committed during the conflict which killed 100,000 people and left 2.2 million others homeless during the death throes of the former Yugoslavia. Once the most powerful Bosnian Serb leader, Karadzic became the highest-ranked person to be convicted and sentenced at the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, after Serbian expresident Slobodan Milosevic died while on trial. The trial judges ruled Karadzic was “at the apex of political and military structures” of the Bosnian
Serb leadership. But the former strongman hit back, lodging 50 grounds of appeal, claiming before the Mechanism for International Criminal Tribunals (MICT) -- which has taken over from the ICTY -- that he was not given a fair trial. He told the five appeals judges on Monday that he was a political leader seeking to protect Yugoslavia and its constitution, and that his statements made in the 1990s had been “distorted” and “his words travestied” during the trial.
G7 to Set Up Group to Study Russian ‘Malign Behaviour’ – UK Foreign ministers from the Group of Seven leading industrialized nations will create a working group to study Russia’s “malign behaviour” because of concerns about Moscow’s actions, Reuters reported British Foreign Secretary Boris Johnson as saying on Monday. Tensions with the West
have increased steadily over recent years as Russia becomes involved in conflicts in Syria and Ukraine. Russia is also blamed for a nerve agent attack on a former spy in Britain last month. Johnson said the G7, meeting in Toronto, had agreed on the need to be vigilant about Russia, which denies involvement in the
attack. “What we decided yesterday was that we were going to set up a G7 group that would look at Russian malign behaviour in all its manifestations – whether it’s cyber warfare, whether it’s disinformation, assassination attempts, whatever it happens to be and collectively try to call it out,” he told reporters.
Procedure Interested bidders must submit electronic bids addressed to: BA Nigeria: batenders@hc3nigeria.org. All bids must state the following in this order: Product Description:
Name/brand of vehicle Specificationsand the products they intend to supply including a full list of standard and features and details of any packages or options Model of vehicle Picture of vehicle or stock photograph Country of origin. Refers to the place where the vehicle was manufactured
Pricing & Pricing Methodology:
Price sheet should be included with the supplier's proposal indicating the pricing of each of the models they are offering; VAT inclusion or exclusion should be specified There should be no additional or handling charges apart from the price of each vehicle. Payment Terms: Please state your payment terms while quoting. BA Nigeria's preferred term is full payment after receipt of goods & services, when all invoices have been received and certification of products has been completed. BA Nigeria is VAT exempt, so please do not include VAT fees when quoting. Also note that BA Nigeria will deduct 5% withholding tax from the total value to be remitted to FIRS.
Validity: Validity period of bid. All bids must remain valid for a period of at least ninety (90) days Delivery lead time in the event that payment is made in advance All vehicles must be brand new. Warranty and repair/maintenance plan must be stated clearly for Abuja and other state locations. Eligibility of Bidders All bidders must show their eligibility to participate in this procurement by providing copies of the following documents.
Legal Certificate of Incorporation in Nigeria Tax Identification Certification Company Profile; with verifiable business address, valid email with telephone numbers and point of contact for the organization. Evidence of Tax Payment for the last 3 years. Bank reference letter Evidence of authorized partnership, dealership or distributorship certificate as applicable Bidders will be assessed on all parameters (Procedure and Eligibility)
Anticipated Tem & Condition:
All vehicles must be delivered to JHU within 90 days following the singing of a contractual agreement.
Submission of Quotes- All bids must be on company's official letterhead, duly signed and dated and scanned in colour and emailed. Any bids received without following the submission instructions will be disqualified. Only shortlisted vendors will be contacted for further discussions. Quotations should be emailed to: BA Nigeria: batenders@hc3nigeria.org Note BA Nigeria reserves the rights to consider any quotations received after the end of the deadline. Awards will be made for line item and or bulk purchase. Any deviation from the specifications contained in the RFQ will lead to the vendor's DISQUALIFICATION.
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T H I S D AY ˾ TUESDAY APRIL 24, 2018
COALITION FOR JUSTICE AND GOOD GOVERNANCE ADDRESS: Plot 20 Adeyosi Close Muray Plaza Abuja, Nigeria
OPEN LETTER TO HIS EXCELLENCY, PRESIDENT MOHAMMADU BUHARI, PRESIDENT, FEDERAL REPUBLIC OF NIGERIA, ASO ROCK VILLA, FEDERAL CAPITAL TERRITORY, ABUJA. Your Excellency,
REAPPOINTING ENGR. MUHAMMED JIBRIN, OUT-GONE DG NATIONAL BOARD FOR TECHNOLOGICAL INCUBATION IS DEATH SENTENCE FOR THE BOARD.
O
ur Coalition stands for justice and good governance in Nigeria. We believe that productivity in our entire national life can be best attained through collective adherence to rules and regulations that guide all our conducts. It is in the above light and resolution that we opine that reappointing the out gone Director General of NBTI will mean a death sentence for the board owing to the understated verifiable facts from the agency. The last four years of Engr. Muhammed Jibrin as the Director General of the National Board For Technology Incubation can best be described as the ‘dark age’ in the life of the board. The national board has become a shadow of itself and currently taking a retrogressive speed toward a catastrophic end if nothing is done to salvage the situation. It can be recalled that prior to the appointment of Engr. Jibrin, the board was one of the most vibrant government agencies in Nigeria. This was made possible by the robust relationship and collaboration that existed between the board and other relevant MDAs and stakeholders. All the departments were fully kept busy, delivering on their various statutory duties under a very conducive working environment with their working tools in surplus supply. Regrettably, the assumption of Engr. (Dr.) Muhammed Jibrin which many thought was supposed take the board to a new enviable level, has not only stagnated the board, but has grounded all activities in the agency. As things are today, the board is completely moribund. A glance at the following level of degradation in the agency will underscore the fact that it will be a deliberate act of pushing the agency into complete extinction if the DG is made to spend one more tenure on the board. In fact, it will be an invitation for a total annihilation of the board. First, lack of capacity building for staff. It is worth mentioning that since the assumption of office of Engr. Dr. Jibril, capacity building for all the staff at both the Headquarters and the Centres was brought to a halt. For the past four years, no single staff has undergone any form of training in the board. This has defectively affected staff productivity as most of the staff lack the requisite skill to deliver on their schedules. Worse still, the new staff have never tasted any form of induction/orientation course. Consequently, some of the staff, out of frustration and lack of capacity to cope with the demands of their duties, have painfully resigned. Second is unavailability of working materials. Describing the state of working materials like desktop computers, photocopiers, printers, printing papers and other stationeries in this agency as appalling is an understatement. The desktop computers which are the reservoirs of information and data in the agency have been so infested with virus that access to lots of useful information in the agency is now impossible, owing to inability to procure ordinary antivirus to safeguard the systems. Third is the comatose NBTI website/internet service. Before Engr. Jibril assumed office in 2014, the board’s website was alive and very active. Research and other official activities could practically be done with ease by all staff from the comfort of their offices. Unfortunately, many staff can only remember that old time with nostalgia, because all the internet facilities in the board have totally collapsed. This issue was even made public in the Daily Trust publication of 12th March, 2018, where the NBTI’s inactivity online via the website, despite gulping billions of Naira was reported on the front page, which was a serious national embarrassment. Fourth is the lack of linkages with the relevant agencies. Part of the mandate of the board is the commercialization of the Research and Development results in Nigeria. A major question to ask is this: where will NBTI source for R&D when there is no solid collaboration between the Board and Universities, Polytechnics and other institutions of higher learning? There was a linkage established by the board with the National Universities Commission which dovetailed into signing of a Memorandum of Understanding (MoU) since 2008. To that effect, a stakeholders’ workshop was held for the establishment of Institutional Based Technology Incubation Centres (TICs). So unfortunate that the whole idea/collaboration was jettisoned
by the DG/CEO as soon as he assumed office in 2014 and the MoU has long expired. The linkage was not only with the NUC, but with other agencies like ITF, NEPC and SMEDAN, all is now history. The fifth anomaly under this DG whose tenure expired since 8th April, 2018 is that, there is no existence of any relevant Unit/Committee in the Board. One would ask, is it not laughable that a reputable National Board like NBTI has no Budget Unit? More so, Contrary to the extant guidelines that made provision for Junior Staff Committee (JSC), which is to oversee the appointment/discipline of the Junior Staff, the DG did not deem it fit to constitute such a committee. In fact, a worrying trend at NBTI is that, staff at the centres are usually made to travel from their respective stations across the country for promotion exercises at the Headquarters in Abuja without any provision for their DTA and local runs. Some of them are always stranded and left without any alternative than to sleep at motor parks until they return to their various stations without any form of welfare. This, has unfortunately been a recurring decimal in the agency. Another abnormality in NBTI under Engr. Jibrin is the general lack of provision for staff welfare. Since Dr Jibril stepped in as the as DG of NBTI, staff welfare is a no-go area. It is verifiable that of all the agencies under the aegis of the Federal Ministry of Science and Technology (FMST), NBTI is the only agency that has no Staff Bus for its staff. The situation is further worsened by the fact that most of the staff of the Board reside in the satellite towns and suburbs of the Federal Capital Territory. In fact, since the DG enjoys luxury of different exotic cars, the question of how the staff are fare never crosses his mind at all. Worse still, the interpersonal relationship and team-spirit that enhance effective productivity in an organization is lacking between the DG and even his management staff. In fact, the junior staff of the Board are always in mourning mood, wearing long faces because of the pitiable conditions under which they have to carry out their official duties. There other very pressing issues in the board that time and space would not accommodate here. But truth of the matter is that the DG has rendered NBTI impotent since his arrival in the agency as the head. Meanwhile, news making the rounds has it that the DG has been making frantic efforts and seriously lobbying the Presidency so that he can be handed a second tenure in office. However, if his non-performance in NBTI which is a function of his incompetence, and which has crumbled the board is not brought to the knowledge of President Mohammadu Buhari and other authorities concerned, it will cast an immeasurable aspersion Mr President who is reputable for due process and excellence in governance. Finally, it is also a worrisome development that in flagrant violation of Presidential directive on the appointments of Directors General/Chief Executives of MDAs, Engr. Jibrin, who was supposed to have handed over to the most senior director, has continued to keep his office under lock and key; nobody goes in there and nobody comes out. This shows the level of disregard the DG has for higher authorities. NBTI is, as we speak, is moribund. And this is a resultant effect of the ineptitude of Engr. Dr Mohammodu Jibrin, who has dragged the board in the mod for four long years now. The board, which is very strategic to technological advancement in this country will be as good as a decomposing waste on a dunghill if allowed to go through another four years of excruciating pains which it has suffered in the same period of time under Mohammed Jibrin. A stitch in time, they say, saves nine!
Ibrahim Ibn-Musa
National Coordinator COALITION FOR JUSTICE AND GOOD GOVERNANCE
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TUESDAY, ͺͼ˜ ͺ ˾ T H I S D AY
NEWS
Lagos Saves N4.5bn from Non-Sponsorship of Religious Pilgrims Registers 13,000 religious bodies, urges residents to report noise pollution Gboyega Akinsanmi The Lagos State Government has saved N4.5 billion in the last three years as a result of the decision of Governor Akinwunmi Ambode to stop the sponsorship of people for religious pilgrimages to Israel and Saudi Arabia, the Commissioner for Home Affairs, Dr. Abdulhakeem Abdullateef has revealed. Speaking yesterday at the annual ministerial press briefing to mark the third year in office of the administration, Abdullateef said the funds saved had been deployed in the construction of roads and other amenities to make life easier for residents. “Before the present administration came on board, the state government spent an average of N1.5 billion to sponsor people on pilgrimage free. But since Governor Ambode decided to stop the sponsorship of pilgrimage, we have saved N4.5 billion in the last three years and the governor has not changed his mind with regard to sponsorship of pilgrimages. “What the governor has said and we have been implementing is that the state government will provide for the welfare of the pilgrims; support them with medical tips; support them with clerics who would guide them to ensure that they are focused on the spiritual objectives of the pilgrimage and not something else. “So far, the funds saved from this have been deployed for the construction of roads and other amenities to make life easier
for residents,” Abdullateef said. Also expressing concern over the fact that some property owners were converting their residential buildings to religious centres in order to avoid paying the land use charge, the commissioner warned those indulging in such activities to desist, saying that it was important for all to operate within the ambit of the law. He said: “Do not convert your residential premises to religious premises. Many do that for the sake of being protected from paying their land use charge and that will not be tolerated. Whatever we want to do, let us keep ourselves within the ambit of the law. “As for those who are combining their residences with mosques or churches, we are not going to demolish them, but what we have said is that all residential premises are subject to the land use charge and so when officials of government come, don’t claim there is a mosque on the ground floor. “Always know that as soon as your property is declared a residential block, you will pay the land use charge.” The commissioner noted that the state government, through the Ministries of Home Affairs and Physical Planning, had also commenced moves to address the conversion of residential buildings to religious centres via engagement. “It is a violation of the state regulations for residential buildings to be converted to religious centres. When a building is approved for a
L-R: Permanent Secretary, Lagos State Ministry of Home Affairs, Mrs. Toyin Awoseyi; Commissioner for Home Affairs, Dr. Abdulhakeem Abdullateef; Special Adviser to the Governor, Information & Strategy, Mr. Idowu Ajanaku; and Permanent Secretary, Ministry of Information & Strategy, Mrs. Kofoworola Awobamise, after a media briefing by the commissioner to mark the third year in office of the Ambode administration, in Alausa, Ikeja, Lagos… yesterday purpose, it is an aberration for you to now convert it into something else without the approval of the Ministry of Physical Planning. “Recently, the commissioner in the ministry came to our ministry and met with Nigeria Inter-Religious Council (NIREC) to devise new means of engaging religious leaders so that they will not unnecessarily violate the state building regulations,” Abdullateef said. On noise pollution, he said his ministry had been working
in concert with the Lagos State Environmental Protection Agency (LASEPA) to address the menace, especially through engagement with religious leaders. “LASEPA is in charge of pollution generally but because we are very close to religious organisations, we work closely with LASEPA and so whenever there is any report of noise pollution by any religious body, just let us know in the Ministry of Home Affairs and we will deploy NIREC to address the
situation immediately. “What the governor has done with NIREC is that it is not only about enforcement but engagement. When we engage them, we are able to sit down with them and through that we get a lot of results than just charging them to court or sealing their premises. “We have worked effectively through NIREC to ensure that those ones who are constituting a nuisance in their environment are called to order and so whenever we have such cases,
residents are enjoined to let us know in the ministry,” the commissioner said. While reeling out the achievements of the ministry in the last one year, Abdullateef said through deliberate policies, the government was able to record unprecedented peace and harmonious relationship amongst diverse groups, while 13,000 religious institutions were registered in the period under review, just as he urged others to register with government at no cost to them.
friend have just been arrested by the police in front of my house. “We are in a civil society. No warrant and the case is in court, yet this lawlessness. I’m a responsible NIGERIAN and law abiding. There is a plan to kill me and I know about it. We are not in a Banana Republic. I can not be silenced,” his tweets said. When THISDAY visited Melaye’s residence located at 11 Sangha Street, Off Mississipi Street, Maitama, Abuja, a team of mobile policemen had cordoned off both ends of the street. A Deputy Commissioner of Police (DCP) who led the police team refused to speak with THISDAY, but directed that the Police Public Relations Officer, ACP Jimoh
Moshood should be contacted. Women and youths wearing T-shirts with inscriptions such as “I Stand with Dino” were seen at the front of Melaye’s house in solidarity with the Kogi senator. Eventually, the police said Melaye’s arrest at the airport and siege to his home were as a result of his indictment of unlawful possession of illegal firearms. Police Deputy Public Relations Officer, DSP Aremu Adeniran said: “It was because he was indicted in a case of unlawful possession of prohibited firearms and other violent crimes. He was invited by the police but failed to honour it,” he said. The police and DSS were still at Melaye’s residence at the time of filing this report.
DRAMA AS MELAYE IS STOPPED FROM TRAVELLING, POLICE, DSS LAY SIEGE TO HIS HOUSE allegations, which he said were politically motivated. “I have just been arrested at the international wing of the Nnamdi Azikiwe Airport on my way to Morocco for an official engagement sponsored by the federal government after checking in,” Melaye said in a tweet he posted at 7.32 a.m. The immigration service spokesman, Mr. Sunday James, in a chat with the News Agency of Nigeria (NAN), confirmed the arrest, saying it was “based on instructions”. Melaye was however released at about 10 a.m. after the police failed to show up to take him into custody. His media aide, Mr. Gideon Ayodele confirmed his release.
“The immigration officials who thought they were trying to help the police when they initially detained him were embarrassed that the police couldn’t take him into custody,” Ayodele said. But Melaye’s ordeal was far from over after his release, as the police which initially denied involvement in his detention by NIS, laid siege to his Maitama residence. The senator confirmed this yet again via a Twitter post from his home where he was evading arrest. “Over 30 heavily armed fierce looking mobile police men have just stormed my residence in Maitama, Abuja. All roads leading to the house have been cordoned off, as heavy mobile policemen blocked entry and exits of
the road. They currently laid siege to, in and around the house,” he said. With their Toyota Hilux vans blocking both ends of the street, the policemen also prevented visitors and even his colleagues from accessing the senator’s home. Some of the senators who were prevented from gaining entry to Melaye’s home included Rafiu Ibrahim (Kwara APC), Atai Aidoko (Kogi APC), Biodun Olujimi (Ekiti PDP), Isa Hamman Misau (Bauchi APC) and Phillip Aduda (FCT PDP). At 6.40 p.m., more policemen arrived to join their colleagues and were joined by DSS officials after protesters allegedly from the internally displaced persons’ camp around Abuja arrived
the area. The protesters bore placards expressing their support for Melaye. But the police and DSS refused to budge and went ahead to arrest Melaye’s brother Moses and his friend who were outside his residence. The policemen attached to Melaye were also withdrawn. In a tweet at 9.17 p.m., the lawmaker said there was a fresh plan to frame him. He, however, did not provide details of why he was being framed. “All my policemen have been taken away with their arms. One CP came and took them away. There is also a plan to set me up again. But in God I trust. Truth will always prevail,” he said. “My brother Moses and his
N’ASSEMBLY, EXECUTIVE HEAD FOR SHOWDOWN OVER UNAPPROVED $496M WITHDRAWAL FROM ECA said had violated the statutory provisions of the Constitution to pursue a selfish agenda. “We therefore charge the National Assembly to investigate the whereabouts of the balance from the $1 billion ECA funds and the purposes for which it has been used, as well as save our democracy and constitutional order by invoking the appropriate legislative processes against President Buhari for this violation before it becomes too late,” said the PDP. According to the party, the president was aware that his unilateral spending of $496 million from the ECA without recourse to
the National Assembly was a gross violation of the laws and Constitution of Nigeria and a direct affront to the statutory order as a democratic state. “By this action, President Buhari has technically suspended the 1999 Constitution (as amended), plundered the inherent powers of the National Assembly as the principal institution of democratic rule, while re-enacting a sole administratorship in governance as if our nation is operating a military regime. “More disturbing is the revelation that President Buhari paid the $496 million for the purchase of military
aircraft from the United States, ignoring allegations of overpricing and issues concerning due process, just to achieve political expediency of currying President Donald Trump’s support for his 2019 re-election bid,” it said. PDP further said that Buhari’s action amounted to a gross misconduct and betrayal of public trust because, in the bid to push a personal agenda, he deliberately side-stepped statutory legislative scrutiny and acted in clear breach of Section 80(3) and (4) of the 1999 Constitution. It noted that whereas Section 80(3) states that “no moneys shall be withdrawn
from any public fund of the Federation, other than the Consolidated Revenue Fund of the Federation, unless the issue of those moneys has been authorised by an act of the National Assembly”, Section 80(4) provides that “no moneys shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation except in the manner prescribed by the National Assembly”. “It is shocking that President Buhari whose administration prides itself on claims of transparency and zero tolerance for corruption, and was elected on a platform that lays claim to the height of progressivism,
who boasts of the highest standards of integrity, can mundanely resort to a violent abuse of our Constitution just to suit a desperate passion of seeking re-election,” the party added. PDP further recalled that when there was an outcry after the defence minister, Dan-Ali revealed earlier this month that Buhari had given approval for the withdrawal of the $1 billion from the ECA, the presidency had strenuously denied it. “It would be recalled that following the public outcry over the announcement that President Buhari had unilaterally approved the
withdrawal of $1 billion from the ECA, the presidency, through the president’s Special Adviser on National Assembly Matters, Senator Ita Enang, on April 9, 2018 stated that no such approval had been made, adding that President Buhari would never act in breach of Section 80 of the constitution. Yet, they were aware that payment had been made. “The resort to falsehood, deception and secrecy in the withdrawal from the ECA and the reported $496 million payment for the military aircraft raises very serious issues regarding the integrity of the Buhari presidency,” said the PDP.
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NEWS
News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081
2019 Election Will Be Tough for APC, Oyegun Admits
APC dismisses alleged plan by Saraki, Tambuwal, Kwankwaso to quit party
Omololu Ogunmade and Onyebuchi Ezigbo in Abuja The National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, has admited that next year’s general election will be a difficult contest for the ruling party. This is as the party yesterday dismissed as untrue reports that Senate President Bukola Saraki, Sokoto State Governor, Aminu Tambuwal, and Senator Rabiu Kwankwaso had given conditions to the Peoples Democratic Party (PDP) for their returns to the party. Oyegun said the party cannot afford to allow an air of uncertainty to continue to surround its national leadership if it hopes to be in the right fighting spirit for election. Speaking while inaugurating the APC national convention committee headed by Jigawa State Governor, Mohammed Badaru, at the party’s national secretariat in Abuja, Oyegun said the main task before the committee is to organise free, fair and credible congresses and convention devoid of any rancour.
“We have a tough election ahead of us and we must prime ourselves well for that election. We must not cuddle ourselves with any false sense of a party in power, our population as at today is much more aware of their rights than they have ever been before. So let it be part of your task to ensure that all the dissenting opinions are bought together under one single, united APC,” he said. Oyegun explained that the party had to undertake to organise the congresses and convention within a short time frame in order to make way for Muslim members who are expected to begin their fasting later in May. He said the committee has the onerous task of organising a convention that is free and fair to produce a new APC leadership in the shortest possible time. Oyegun said he expects at the end of the exercise to see a reunited APC under whatever leadership that would emerge. “The task that you have undertaken to perform is a tough one; first the APC is known for,
NCAA Reviews Engines of Aircraft Operated by Local Airlines over FAA Directive Chinedu Eze The Nigerian Civil Aviation Authority (NCAA) has started reviewing the engines of some commercial aircraft types manufactured by Boeing, especially Boeing B737, in reaction to the United States Federal Aviation Administration (FAA), which ordered test on the aircraft engine types of South West Airlines flight 1380, which exploded recently while airborne. Last week, one of the two engines of South West Airline flight 1380 exploded while travelling from New York to Dallas with 149 passengers onboard. The pilot of the flight declared emergency landing and took the airplane to rapid descent and landed successfully in Philadelphia. The flight was operated by Boeing B737-700 with engines manufactured by CFM. After the incident, signals went all over the world for the inspection of the engine type, which is CFM 56-7B. The Director General of NCAA, Captain Muhtar Usman, told THISDAY that the agency was reviewing the aircraft being operated by Nigerian airlines and dismissed the report that Arik Air and Air Peace would ground their operations because their aircraft have the engine type that exploded in the US. Captain Usman said after the review, if any aircraft engine is affected, NCAA would take appropriate action. THISDAY learnt that Arik Air has four Boeing B737-700 but informed source from the airline said the engine type was manufactured later than 2000-2001 when the engines of the Flight 1380 aircraft was manufactured. Besides, FAA indicated that the
engines that are being targeted are those that have undergone 3000 cycles. However, FAA said it would issue an Airworthiness Directive (AD) within the next two weeks that would require inspections of certain CFM56-7B engines. The directive requires an ultrasonic inspection of fan blades when they reach a certain number of takeoffs and landings (3000 cycles). Any blades that fail the inspection would have to be replaced, the FAA said in a statement. Meanwhile, Air Peace has reassured its passengers, explaining that its aircraft were different from the Boeing 737-700 involved in the U.S. incident. The airline said in a statement signed by its spokesman, Chris Iwarah, that it had Boeing 737-300 and 737-500 aircraft, “which had been credited with perfect engine performance,” in its fleet. The B737-300 and B737-500 aircraft are fitted with a CFM56-3C engine,” he said. The airline said besides contracting one of the best aircraft maintenance companies in the world, BCT Aviation, to do routine maintenance of its fleet on ground, its base in Lagos, it was spending huge foreign exchange to maintain its aircraft in some of the best facilities in the world to ensure that the safety of the flying public was not compromised. “The FAA directive to airlines which operate aircraft with the same engine with the US carrier to perform ultrasonic inspection on the engines installed on NG B737-700 does not extend to engines installed on the classic aircraft, which we have in our fleet. Besides, our aircraft are maintained in accordance with the approved maintenance programme and manufacturer maintenance document,” Air Peace said.
despite induced controversies, for the cleanest primaries, congresses and convention.” Oyegun also sought to address the concerns raised by some stakeholders over the sincerity of the leadership on an elective convention, saying the reason for fixing the event within a short period was to make way for Muslim fast which
would soon set in. He said: “Let me take the opportunity to explain this because I have seen many interpretations and renditions in the media that we are having short, sharp elective convention for good reason. “For months, we have been tussling forward and backwards to agree on acceptable terms
regarding the leadership of the party. No responsible organisation will allow these doubts to continue unabated. “The earlier it is resolved the better so that this party can move and forge ahead. So we decided on a short and sharp period of elections from ward levels until the final event on May 14.”
Oyegun said given what has happened in the last few months, “the see-saw” that the party witnessed, he was pleasantly surprised at the response to yesterday’s inauguration by members of the convention committee.
Cont’d on page 46
MONETARY EXPERTS
L-R: Minister of Finance, Mrs. Kemi Adeosun; Managing Director, International Monetary Fund (IMF), Ms. Christine Lagarde; and Governor, Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, after a meeting during the IMF/World Bank Group Spring Meetings in Washington DC....Sunday
Herdsmen Killings: PDP Slams Buhari, APC for Blaming Opposition
Demands release of findings on underage voters Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) has described the President Muhammadu Buhari-led All Progressives Congress (APC) administration as a confused buck for engaging in the blame game rather than tackling the menace of the herdsmen marauders. The party said the allegation by the presidency that the opposition was responsible for the failure of the APC-led federal government to stem the killings by marauders in the Middle Belt has further confirmed that “the administration is completely confused, incompetent and lacks the capacity to secure our nation.” It said in a statement issued yesterday by its spokesman, Kola Ologbondiyan, that it was totally atrocious that instead of waking up to its responsibility or accepting failure and seeking help, Buhari and his officials have been resorting to the blame game in the face of daily bloodletting and mass killings in the country. According to the party, only recently, Buhari ran to the Archbishop of Canterbury, Justin Welby, to blame deserters from the late Muammah Gaddafi’s Libya as being responsible for the killings. “In the last three years, the Buhari presidency had placed blames on past administration, demographic changes, climate change, conflict over cattle routes, decreased farmland space against increased number of cattle and
human population. Today, it is the opposition that is responsible for their failure to secure the people. “It is unfortunate that instead of defining and facing the challenges confronting our nation, the presidency is busy chasing straws thereby failing to nip in the bud a dangerous dimension in our national history. PDP said President Buhari and APC must be held responsible for the escalation of the killings across country in the last three years, adding that it is a direct consequence of their incompetence, harsh policies, nepotic proclivities and general failure in governance. “We know that the latest allegations against the opposition is in furtherance of the plot by the failed APC to set up innocent Nigerians as a face saving stunt to divert attention from their failures. “The fact remains that President Buhari has failed after winning power on the basis of false promises but more heartrending is this attempt by the presidency to play politics with human lives. “As a party, we stand with all Nigerians, especially the victims of the killings under the APC. We invite all Nigerians to join hands with the repositioned PDP as we work towards a national rebirth and the enthronement of a government that truly cares for the people come 2019.” Also, yesterday, the party asked the Independent National Electoral Commission (INEC) to stop pandering to the wishes of
the APC by making public its findings on underage voters in various states, particularly Kano and Katsina. It said it was aware that the investigation unearthed a multitude of underage voters, particularly in Kano and Katsina State, but that INEC has been allegedly instructed by the APC and the presidency cabal to conceal the atrocity, which they plan to use to rig the 2019 presidential election for Buhari. PDP alleged that the presidency and APC agents were pressurising INEC to drop the findings of the committee on under-aged voters. According to the statement, “Our investigation reveals that beyond underage voters, the INEC panel discovered other atrocities, which the APC and the presidency agents have been suppressing. “We are also aware of the manipulations in INEC computer data centre, which have been handed over to a compromised official known to be related to President Buhari.” PDP said it is shocking to note that the INEC Chairman, Prof. Mahmood Yakubu, is allowing the APC and the presidency cabal to use him in their desperation to rig the 2019 election for President Buhari despite his overt rejection by the citizens as a result of the failures of his administration. “Only last week, Nigerians were stunned by revelations that INEC under Yakubu is plotting to create 30,000 illegal polling centres in soft and compromised areas through
which they plan to allocate free votes for Buhari. “This is in addition to plots to compromise other voting processes, including the card readers to favour the APC. “We invite Nigerians and the international community to note the various attempts by INEC to conceal the underage voters, particularly in Kano State and President Buhari’s home state, Katsina. According to the party when the issue first came to the public domain, the APC issued a staunch defence while INEC blamed the Kano State Government, adding that the commission had to back down to institute an inquest when confronted with facts showing that it registered the minors. “Furthermore, Yakubu refused to allow for an all-inclusive panel of political parties and credible groups but went ahead to handpick INEC officials with a view to cover the illegality. “Nigerians may recall that when we challenged the veracity of the preliminary report with documentary evidence, INEC promised to make public its final findings, but has refused to do so since the end of the inquest. “We charge Prof. Yakubu to find the strength to resist the pressure by theAPCandthepresidency or quit the office, as they will definitely put him on collision course with Nigerians, who are already anxious about the election and are ready to stiffly resist anything short of credible, free and fair polls,” PDP said.
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TUESDAY APRIL 24, 2018 ˾ T H I S D AY
NEWSEXTRA
FG Explains Absence of Ministers at US-Nigeria Investment Forum We were not billed to attend summit, say Kachikwu, Fayemi Tobi Soniyi in Lagos. Chineme Okafor and Kasim Sumaina in Abuja The federal government has explained why the Nigerian Government officials were absent at the United States Nigeria Investment Summit in Washington, DC, on April 19. 2018. In a statement issued in London yesterday, the Minister of Information and Culture, Alhaji Lai Mohammed, said most of the ministers who were slated to attend the event were not invited and were not in Washington DC at the time. He also dismissed as baseless, the insinuation that some ministers collected estacodes without attending the forum. Mohammed said the Ministers of Agriculture; Power Works and Housing and Budget and National Planning did not get any invitation from the organisers even though they were listed among those who were expected to attend. Mohammed said the Minister of Industry, Trade and Investment, who was invited, was with President Muhammadu Buhari at the Commonwealth Heads of Government Meeting (CHOGM) in London at the time of the summit, while the Minister of Finance, who was in Washington DC at the time, was there to attend the 2018 Spring Meetings of the World Bank and the International Monetary Fund (IMF). He said though he (Minister of Information and Culture) was invited to the forum, he wrote back to inform the organisers that he would not be able to make the trip due to conflicting schedules. ‘’It is clear from the foregoing that no minister shunned the US- Nigeria Investment Summit and that the reports being circulated in that regard are bereft of facts,’’ the minister said. There were reports that Nigerian representatives were absent at an investment programme organised by the Nigerian embassy in Washington DC last Saturday. The government officials, who were supposed to have sessions at the event, were
conspicuously absent, raising worries that Nigeria might lose investment opportunities by their absence. The report further claimed that officials who were billed to have sessions at the programme but were absent included the Vice President, Yemi Osinbajo; the Minister of Finance, Kemi Adeosun; Minister of State for Petroleum, Ibe Kwachukwu; Minister of Agriculture, Audu Ogbeh; Minister of Science and Technology, Ogbonnaya Onu; Minister of Information, Lai Mohammed; Minister of Solid Minerals Development, Kayode Fayemi; and the Minister of Industry, Trade and Investment, Okechukwu Enelamah, The Emir of Kano, Sanusi Lamido, who was at the event, found it outrageous that Nigerian Government’s officials were not there to represent the country. He said: “For the person sitting in London and who has a billion dollars to invest, he’s got Nigeria, he’s got Ghana, he’s got Rwanda, Kenya, South Africa. You may be the biggest economy, but he may decide that rather than go through the hassle of investing $500 million in Nigeria, why not put $100 million in Ghana, $100 million in Rwanda, $100 million in Cote d’Ivoire, just to have diversification benefit and the benefit of reaching out. “We had a meeting today with investors, we were supposed to start by 9a.m. we started at 10a.m. When I came in, they took me to the ambassador’s office to sit down, when investors were waiting down there. We had a list of people who were to be here, vice president, ministers, some of them are in town, but they haven’t come up.” Sanusi, a former Governor of the Central Bank of Nigeria (CBN), said the ministers’ absence was not good for Nigeria’s efforts to attract investment opportunities to the country. He said: “You invite top investors, your ministers are in Washington and they do not come to talk to the investors about Nigeria. That is not how you attract investors. If you have this forum in the Rwandan embassy, I assure you President Kagame himself would be there telling people
Delta Senator, Nwaobashi in EFCC Custody The Economic and Financial Crimes Commission (EFCC) yesterday confirmed that the Chairman, Senate Committee on Niger Delta, Senator Peter Nwaobashi, representing Delta North senatorial district in the National Assembly was in its custody. EFCC Head of Media and Publicity, Wilson Uwujaren, informed THISDAY that he was under investigation and currently in custody of the EFCC. Nwaobashi was believed to have diverted a N1.2 billion loan from NEXIM Bank when he was a board member
of the bank to purchase ‘Guinea House’ in Lagos, a property owned by Delta State Government. He was also alleged to have been involved in the diversion of a N1.5 billion contract sum for the supply of equipment and construction materials to the Delta State Government. Some of the sums were said to have also been diverted to the purchase of the 12-storey ‘Guinea House’ in Lagos. The EFCC had in 2017 through a Federal High Court obtained an order for the temporary forfeiture of the said property in Lagos.
to come to Rwanda. “Sometimes it is about how we market ourselves, how we package ourselves. There is absolutely no reason for the Nigerian embassy to arrange a Nigeria is open for Business forum with ministers in town, with governors in town and not have the coordination that they are actually here to meet with these investors. “There is no reason why we should start one hour late, and there is no reason why the public address system should not work. Because at the end of the day, this is the first point of the country, he hasn’t even come to Nigeria so what will be his experience in Abuja and he is saying if I am having this experience in Washington, what will happen when I go to Abuja, when I go to Kano, how do I get to see the governor will it take me 10 hours?” The event had in attendance Wilbur Ross, United States Secretary of Commerce; Sergio Pimenta, IFC Regional Vice President ( Middle East and Africa); C.D Glin, President and CEO, U.S African Development Foundation ((USADF), among others. Also yesterday, the Minister of State for Petroleum Resources, Kachikwu and his coounterpart in the Ministry of Mines and
Steel Development, Dr. Kayode Fayemi, stated that they were not scheduled to attend a USNigeria Investment Summit organised by the Nigerian Embassy in Washington, DC, and so, they could not have been said to be absent from it. A statement from the Director of press in the ministry in Abuja, Mr. Idang Alibi, stated that Kachikwu was not invited for the summit which most Nigerian federal ministers reportedly failed to turn up for, a development that was widely condemned by Nigerians including the Emir of Kano, Muhammadu Sanusi II. The statement from the ministry stated that: “The office of the Minister of State for Petroleum Resources, Dr. Emmanuel Ibe Kachikwu, has recently been beleaguered with various media reports concerning the absence of the Minister of State at the recent US-Nigeria Investment Summit held in Washington DC. “It is important to note that Kachikwu was not in the US as reported and was not billed to attend the summit. He was in the United Kingdom where he had just concluded the facilitation of a key investment meeting between President Buhari and the Royal Dutch Shell Plc. led by the CEO, Bernardus
Van Beurden, in London, United Kingdom.” The statement further stated that Kachikwu was committed to delivering the major aspirations of the government for the country’s petroleum industry as contained in the 7BigWins of which it said business and investment drive is a key theme. On his part, Fayemi in a statement through his Special Adviser on Media in Abuja, hinted that he did not confirm attendance at any investment forum in Washington DC, USA, hence cannot be accused of shunning the event. According to it, “Attention of the Media office of the Minister of Mines and Steel Development has been drawn to media reports, quoting Sanusi as criticising some ministers for their absence at an investment forum organised by the Nigerian Embassy in Washington DC, USA.” It further revealed that, “in the reports, the respected Emir who is a former CBN Governor, had expressed his disappointment with some ministers, including Fayemi, for failing to attend the forum, despite being in Washington DC during the time of the event. “We however deem it necessary to correct some wrong impressions created
KEEPING VIGIL FOR DINO
Policemen laying siege at Senator Dino Melaye’s residence in Abuja....yeseterday
in the reports as a result of incomplete information. This is important for the sake of the public, who deserve to know the true position as follows: “As a matter of fact, the Minister and a few of his colleagues, during the said period were attending some investment forum organized by the Nigeria Investment Promotion Commission (NIPC) on the sidelines of the Commonwealth Head of Government meeting (CHOGM), in London, UK. “There have been instances where names of Ministers and top government officials were announced as participants in some events without proper invitation and confirmation of attendance. This is certainly the case with the Washington event. “So, to suggest that that Fayemi was in Washington and chose not to attend the event could not have been an accurate account of what transpired. He was certainly nowhere near America and the organisers cannot say he confirmed to be at the event. “Organisers of important events should not always assume they have put the necessary steps in place when they simply have not taken the pain to invite and also confirm attendance at an event.”
Julius Atoi
Shiites Protest Killing of Member, Storm Human Rights Commission Olawale Ajimotokan in Abuja The members of the Islamic Movement of Nigeria (IMN) otherwise known as Shiites, yesterday stormed the headquarters of National Human Rights Commission (NHRC) to protest the killing of one of their members. Shiites have been protesting against the continued detention of their spiritual leader, Ibrahim
El-Zakzaky, held by the Nigerian Government since December 2015 and last week had three confrontations with the Nigerian security operatives in Abuja. Police officers were deployed in the NHRC headquarters at Aguiyi-Ironsi Street to prevent the protest from escalating to violence and breaching public order. THISDAY gathered that the march to the NHRC offices was
to protest against the death of Dodo Ahmed, said to have died last week after he was allegedly shot at the head by the police Ahmed, a member of the sect from Bauchi State, was allegedly struck by a bullet in the head, when the Shittes were holding a procession in Maitama of the second day protest last week. He was said to have died in the hospital four days after the confrontation.
Over 115 Shiite members were arrested and arraigned before the magistrate court for their roles in the clashes that broke out last week following police refusal to allow the group hold a rally at the Unity Fountain in Abuja. The confrontation was on an unprecedented scope as members of the group hauled rocks at security operatives and destroyed several police vehicles.
TUESDAY APRIL 24, 2018 ˾ T H I S D AY
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NEWSEXTRA
Presidency Kicks as Another Nigerian is Burnt Alive by South African Mob Alex Enumah in Abuja with agency report The Nigerian community in South Africa has announced the killing of Clement Nwaogu, who was burnt alive by a mob in the latest xenophobic attack in that country. The Publicity Secretary of the Nigeria Union in South Africa, Habib Miller, confirmed the killing from Pretoria in a telephone interview with the News Agency of Nigeria (NAN) in Port Harcourt yesterday. He said the victim, a native of Njikoka in Anambra State and an upholsterer in South Africa, was attacked and killed by a mob in Rustenburg, North West Province. Miller said the victim was murdered in cold blood over his accent and habit, which the mobsters supposedly found offensive. “The mob descended on him like a common criminal with all sorts of dangerous weapons in the presence of South African police officers. “Eyewitnesses say the victim beckoned for help from the police to intervene and help him, but they turned a blind eye. “When Nwaogu could no longer persevere, he ran for safety; the mob chased and caught him, poured petrol on him and set him ablaze,” he said. Miller said the mob then left Nwaogu when they thought he had died. The spokesman said that shortly after the mob left Nwaogu that some passersby called emergency personnel, who later took the victim’s charred body to the hospital. “The eyewitnesses feeling that the victim was still alive called for help; unfortunately, Nwaogu could not survive the ordeal and died at Job Shimankane Hospital in Rustenburg,” he said.
In another development, Miller said 14 Nigerians, who protested the killing of a fellow citizen in that country’s North West Province in February are still in detention. He said thezpolice officers murdered the Nigerian in cold blood on December 17 after failing to extort money from the victim. Miller said the police officers had since been released on bail while those who protested the killing were still languishing in detention. “Our legal team is doing everything possible to facilitate the release of the protesters. “We are worried that nothing has been done by the Nigerian government to stop the killings. “We once again call on the Nigerian mission in South Africa to do the needful urgently because things are getting out of hand. “The union with its legal desk will follow up the matter with the appropriate institutions until justice prevails,” he added. Nwaogu was married to a South African and was blessed with two children; aged three and five years. The News Agency of Nigeria (NAN) recalled that the killing of Nwaogu follows extra-judicial killing of another Nigerian, ThankGod Okoro, 30, by the South African Police Flying Squad. Okoro, a native of Ogbaku in Awgwu Local Government Area of Enugu State, was shot dead at Hamburg, Florida West Rand, Johannesburg on April 9. Records show that no fewer than 118 Nigerians have been killed in South Africa since February 2016. However, the Senior Special Assistant to President Muhammadu Buhari on Foreign Affairs and Diaspora, Abike
Atiku to Unveil Agenda to Get Nigeria Working Again How to unlock the immeasurable potential of Nigeria to the benefits of its people to deliver jobs, prosperity and security to all component units will take centre stage at the London Royal Institute of International Affairs (Chatham House), United Kingdom tomorrow, when former Vice President and presidential aspirant of the Peoples Democratic Party (PDP), Atiku Abubakar, will deliver a major economic speech. The keynote speech entitled: ‘The Importance of Strengthening State Economic Management Systems,’ will lay bare novel and real prescriptions that when implemented, will help Nigerian states come out from their economic quagmire and ultimately gets Nigeria working again. The Chatham keynote speech is one in a series of engagements by the PDP presidential hopeful to showcase the possibilities that exist in Nigeria and how to unlock its huge potential to the good of all Nigerians. According to a statement from his media office, Atiku will also deliver another major keynote speech at the Invest Africa and British Council for Africa ‘Annual Debate’.
The former vice president will be speaking alongside Dr Liam Fox, International Trade Secretary of the United Kingdom Government, on the subject of ‘Building new trade partnerships in Africa.’ These engagements are a followup to Atiku’s meeting in June of 2017 with Liam Fox and Prime Minister Theresa May where they discussed the UK’s plan for increased trade with Nigeria post-Brexit. The PDP presidential hopeful will also be the guest of honour at a lunch on Nigerian inward investment to be hosted by Lord Anthony St. John, former UK Minister for Africa, and be a guest speaker at roundtable of key UK business leaders keen in investing in Nigeria at the Institute of Directors, Pall Mall. The visit to the UK by Atiku, one of Nigeria’s most successful business leaders and foremost advocates for restructuring and free trade, is a continuation of his life-long commitment to find real solutions to help rescue Nigeria from its current economic crisis and set it on the path of economic growth and prosperity.
Dabiri–Erewa, has condemned the killing, describing his death as unfortunate. Dabiri-Erewa while condemning the act, called on the South African authorities to find lasting solution to the incessant killing of Nigerians in that country. The SSA however, admonished Nigerians in outside the country to obey the laws of where they live, and avoid crime and criminality to avoid unwarranted attacks and killings. She said Rustenburg where the incident happened was a particularly hostile and volatile
community, adding that 14 Nigerians, who protested the killing of a fellow citizen in that country’s North West Province some months ago are still in detention. The SSA said though the offence they were been held are bail able but, the judge has been threatened not to released them. “That if they are released and returned to the community, all houses of Nigerians living there will be burnt down, accusing the Nigerians of being responsible for drugs and crime in that community. “Just a few days ago, on
the April 17, the case came up in court. “There was so much tension that even the Nigerian lawyers representing the Nigerians had to be escorted to court by diplomatic police. “The community has vowed to deal with anyone who plays a positive role in getting the accused Nigerians return to Rustenberg,” she said. According to her, the latest incident is apparently a reaction to their threat of dealing with any Nigerian that they find in their community. She said both the mission in Pretoria and the consulate
in Joburg had done everything possible in the recent past to get justice for Nigerians in South Africa “Four South African policemen are currently in court for killing, maltreating Nigerians with embassy officials constantly present in court for the hearings. This is the first time this would be happening,” she said. Dabiri-Erewa, however, called for the review of the early warning signal put in place by the Ministries of Foreign Affairs and Interiors of both countries in addressing the situation.
APC AFFAIRS
L-R: Members of the National Convention Committee, All Progressives Congress (APC), Governor Yahaya Bello; Senator Danjuma Goje; Adamawa State Governor, Alhaji Jibrila Bindow; and Plateau State Governor, Simon Lalong, during the inauguration of the committee at the party’s National Secretariat in Abuja ....yesterday.
Court Restrains FG, Others from Further Mention of Secondus in Looters’ List Ernest Chinwo in Port Harcourt The Rivers State High Court sitting in Port Harcourt has issued an order restraining the federal government, Minister of Information and Culture, Alhaji Lai Mohammed, and Vintage Press Limited, publishers of The Nation Newspapers, from further publishing the name of the National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, in the list of looters. Secondus had slammed a N1.5 billion suit against Mohammed, the federal government and Vintage Press in suit No. Suit PHC/1013/2018 as damages for alleged defamation as his name was listed as a looter in the list published by the minister of information and culture for allegedly collecting N200 million on February 19, 2015, from the office of then National Security Adviser (NSA), Col. Sambo Dasuki (rtd). In the suit, Secondus, among other reliefs, asked the court to order the defendants to retract the publications in as many media houses as they published the list and pay N1.5 billion as damages. As the matter came up yesterday at the state High Court 1, the
trial judge and Chief Judge of Rivers State, Justice Adama Iyayi-Lamikanra, granted one of two prayers sought by counsel to Secondus, Emeka Etiaba (SAN), and restrained the defendants from further publication of the name of the PDP national chairman in the list of looters pending the determination of the matter before the court. The judge also ordered that hearing notice be served on the defendants as neither the defendants nor their counsel were present in court and adjourned the case to May 28. Secondus, had through his counsel, sought an interlocutory injunction retraining the defendants from further publication of his name as a looter and secondly, restraining them from publication of any other list. While the court granted the first, it refused the second on grounds that it was “at large.” Addressing journalists shortly after the proceedings, the plaintiff’s counsel, Etiaba, who led Emeka Okpoko (SAN) and others, said Secondus instituted the matter in court because the defendants included him in the list of looters, accusing him of collecting N200 million on February 19, 2015, when
they (the defendants) knew that he never collected any such money. He expressed satisfaction with the order issued by the court and said at the end of the matter, Nigerians would know that the federal government and its agents lied. “The judge has granted a restraining order. We moved our motion seeking interlocutory injunction to restrain the defendants from further publishing the libellous materials. Prayer one was granted but prayer two was not granted because the honourable court felt it was at large. But we are very satisfied with prayer one which effectively put a halt to further libel,” he said. Secondus said the defendants were not in court perhaps because they knew that there was no truth in what they published. He added: “There is no truth in what they published, so I can understand why they are not in court. But by the time the restraining order comes, may be they will take us more seriously. But we have told Nigerians that this is one case of executive recklessness which comes up once in a while but we hope at the end of the day to prove to Nigerians that this is nothing but a gimmick, a ploy to destroy the
PDP and its leadership because of the 2019 election coming up.” On why the suit was filed at a state High Court, Etiaba said: “It is a matter for the state High Court. It is a matter that relates to libel and the state High Court has absolute jurisdiction to try the matter. That is actually the main claim in the suit; that he was defamed and the state high court has jurisdiction. And the Rivers State High Court, especially Port Harcourt, where we are, is best suited for the matter because the publication was made all around the world and Nigeria, but specifically in Port Harcourt where it was read by people who complained and confronted him (Secondus). So where the publication was made and we are relying on is in Port Harcourt and that is why we are here.” On the progress of the matter, Etiaba said: “The matter has been adjourned to May 28. On that day, we believe we will go into the merit of the case. The court also ordered that we serve them hearing notice and that we will do just as we served them the court processes. We will serve them vide the newspapers and deposit same at the office of the attorney general of the federation.”
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Suspension of Legislators Illegal, Says Falana Ejiofor Alike A human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has described as illegal, the current penchant of the current National Assembly to suspend members. In a statement he issued yesterday, Falana cited the celebrated case of The Speaker, Bauchi House of Assembly v Hon. Rifkatu Danna (2017) 49 WRN 52, where the Court of Appeal affirmed the judgment of the Bauchi State High Court, which had set aside the indefinite suspension of the respondent as a member of the Bauchi State House of Assembly.
He argued that the suspension of a legislator amounts to a denial of representation by his/her constituency. Citing the Bauchi case, the senior lawyer noted that “the fact that the respondent was re-elected for another four-year term by the people of Bogoro Constituency in Bauchi State to represent them in the House of Assembly was to ensure that she had the right to be in the House of Assembly for another four year term to serve the constituency without undue interference.” According to him, the reelection was also to ensure that the constituency is represented in
FG Develops National Strategy to Phase out Plastics Adedayo Akinwale in Abuja The federal government has revealed that it has developed a national strategy to phase-out non-biodegradable plastics as part of effort aimed at addressing the menace of plastic pollution in Nigeria. The Minister of State for Environment, Ibrahim Jibril, disclosed this in a statement issued yesterday in Abuja to commemorate 2018 Earth Day with the theme: ‘End Plastic Pollution’. He said the national strategy is being developed in collaboration with critical stakeholders in the sector. The minsiter said the federal government is exploring the possibility of banning plastic bags with availability of alternatives; while also encouraging household and community recycling of plastic bottles as a matter of community action and of state legislation. He stressed that the federal government is presently developing
a National Policy on Plastic Waste Management, while also implementing a National Plastic Waste Recycling Programme to establish plastic waste recycling plants across the country in partnership with state governments. Jibril also revealed that eight plants had already been completed and handed over to the states while 18 others are at various stages of completion. He noted: “Government is also collaborating with states to establish plastic waste recycling plants under the community-based waste management programme of the ministry. “Two plants have been completed in Ilorin, Kwara State, while one is in Lokoja, Kogi State. Work on another plant is on-going in Karu Local Government Area (LGA) of Nasarawa State. Other locations include Bola Jari in Gombe State and Leda Jari in Kano State.” Earth Day is celebrated April 22 every year.
House Dashes Hope on Budget Passage Today As appropriation c’ttee threatens to impose estimates over delayed reports James Emejo in Abuja The House of Representatives may have reneged on its promise to pass the 2018 Appropriation Bill today. The Speaker of the House, Hon. Yakubu Dogara, had on March 21 announced that the budget will be passed in the lower chamber on April 24- igniting hopes that the lingering controversy over its passage by the parliament would finally be brought to an end- after months of rivalry between the executive and the legislature over the issue. As a result, all standing committees were required to submit their budget reports to the House Committee on Appropriation Committee by April 19. However, THISDAY findings from the House Committee on Rules and Business yesterday indicated that the budget would not be listed for consideration today after all. A source confided in THISDAY that the inability to present the budget for passage in the House might not be unconnected with the fact that some of the committees were yet to submit their reports, in spite of appeals by the leadership.
It added that the tardiness on the part of the committees to submit reports might have to do with the fact that some agencies of government may not have submitted their budgets as well. Only recently, the Appropriation Committee was said to have warned relevant standing committees to adhere to the time line for submission of their reports or risk consequences. It further cautioned that it may be left with no other option than to write the budgets for such agencies whose estimates are not turned in on the scheduled date. Nevertheless, cracks became noticeable in the April 24 passage last week when the spokesman of the House, Hon. Abdulrasaq Namdas, commented on the planned passage with tongue in cheek. He had suggested that the passage had become unlikely, adding however, that the budget would still be passed by the end of April should there be a hitch on the initial date. A source further told THISDAY it’s much likely that the budget will now be passed next week in the green chamber.
the Bauchi State House of Assembly for the four- year lifespan of the Assembly. Falana also cited section 117(1) of the Constitution, which provides that “117(1) Subject to the provisions of this constitution, every State constituency established in accordance with the provisions of this part of this chapter shall return one member who shall be directly elected to a House of Assembly in such manner as may be prescribed by an Act of the National Assembly.” He added that Bogoro Constituency in Bauchi State has to always have an elected member representing her interests in the House of Assembly. “That is a constitutional guarantee, a violation of which the respondent is seeking to be protected in the originating
summons proceedings. But the indefinite suspension of the respondent was a calculated attempt to silence the respondent from opposing the relocation of Tafawa Balewa Local Government Headquarters to Bununu District without the benefit of a dissenting voice,” he explained. He added that to suspend the respondent indefinitely is to preclude her from participating in the deliberations of the Bauchi State House of Assembly. “In my humble opinion, any member of the Bogoro Constituency could have timeously challenged the indefinite suspension of their choice representative in the Bauchi State House of Assembly on the grounds that their accrued rights had been violated or breached by the appellants,” he said. Falana further cited the South
African case of Speaker of the National Assembly v. Patricia De Lille MP & Anor. (1999) ZASCA 50; (1999) 4 All SA 241 (A) where the respondent, a member of the South African National Assembly made a number of unsubstantiated allegations against other members in the course of a debate. On being reprimanded by the Speaker, the respondent unconditionally withdrew her remarks. But despite this, the South African House of Assembly punished the member by suspension for 15 days. The suspension was challenged in the High Court of Justice and the High Court set aside the suspension. According to the senior lawyer, when the National Assembly appealed to the South African Supreme Court, the court held: “More directly, there is nothing
which provides any constitutional authority for the assembly, to punish any member of the Assembly, for making any speech, through an order suspending such member from the proceedings of the assembly. “The right of free speech in the assembly protected by section 58(1) is a fundamental right crucial to representative government in a democratic society,” the court held. The learned silk further referred to Ezeoke v. Makarfi (1982) 3 NCLR 663 at 674 where Nasir, P.J.; Utit v. Odukpani (1959) 3 ENLR 28 ; Hanley v. Peace Partners (1914 – 1915) All E.R Rep. 984, and Chief Nzeribe v. Senate President (unreported suit Number FHC/ABJ/380/2002 of 5th May, 2003, to buttress the illegality of the suspension of legislators.
WE ARE ON COURSE
Yobe State Governor, Alhaji Ibrahim Gaidam (left), in a handshake with the National Chairman of the All Progressives Congress (APC) Chief John Odigie-Oyegun, during the inauguration of the party’s National Convention Committee at its headquarters in Abuja .....yesterday
Presidential Panel Asks Court to Stop House Probe Alex Enumah in Abuja The Special Presidential Investigation Panel for the Recovery of Public Property has asked a Federal High Court in Abuja to stop the probe of its activities by the House of Representatives. The panel in the suit marked FHC/ABJ/CS/374/2018, is seeking “an order of perpetual injunction restraining the defendants whether by themselves, their officers, agents, servants, privies or otherwise howsoever from further taking any step or doing anything at all against the plaintiffs in respect of the resolution passed by it on March 22, 2018.” The suit filed on behalf of the panel and its Chairman, Okoi Obono-Obla has the House of Representatives and its Ad hoc Committee on Activities of the Special Investigative Panel as defendants. The House of Representatives in its resolution of March 22, 2018, set up an ad hoc committee to investigate the legality of the special investigation panel on recovery of public property. The legislators had in a letter also requested the chairman of the panel, Obono-Obla to provide certain documents regarding the panel to the House committee. But in a swift reaction, the panel
and its chairman approached the Federal High Court challenging the legality of the legislators to exercise judicial powers over them. The suit was brought pursuant to order 3 rules 6 and 7 of the Federal High Court (Civil Procedure) Rules 2009. In the originating summons filed on their behalf by their counsel, Festus Keyamo (SAN), the plaintiffs posed the following questions before the court for determination: Whether the resolution passed by the 1st defendant on March 22, 2018 to set up the 2nd defendant to investigate the “Modus Operandi” of the 1st plaintiff is not tantamount to the exercise of executive/supervisory powers over the plaintiffs. “Whether the resolution passed by the 1st defendant on March 22, 2018 to set up the 2nd defendant to investigate the “Legality” of the 1st plaintiff is not tantamount to the exercise of judicial powers over the plaintiffs. The plaintiffs assuming the answer to the first question is the positive wants to court to determine whether by the provisions of section 88 of the 1999 Constitution as amended the defendants are legally empowered to exercise executive/supervisory powers over them by resolving “To investigate the” Modus Operandi “of the plaintiffs to
“Ensure that it is in tandem with the law and that it conforms to best practices.” The plaintiffs are further asking of view of the provisions of section 88 of the 1999 whether the letter written to the 2nd plaintiff on March 28, 2018, compelling him to forward certain documents listed in the said letter to the 2nd defendant is not illegal, null and void, especially in view of section 88 of the 1999 Constitution. The plaintiffs therefore want the court to declare that the decision of the House of Representatives to investigate the activities of the panel is tantamount to the exercise of executive/supervisory powers over the plaintiffs. “A declaration that the resolution passed by the 1st defendant on March 22, 2018 to set up the 2nd defendant to investigate the “Legality” of the 1st plaintiff is tantamount to the exercise of judicial powers over the plaintiffs. “A declaration that by the provisions of section 88 of the 1999 constitution of the Federal Republic of Nigeria (as amended) the defendants are not legally empowered to exercise executive/ supervisory powers over the plaintiffs by resolving to investigate the “ Modus Operandi of the plaintiffs to “Ensure that it is in
tandem with the law and that it conforms to best practices. “A declaration that the letter written to the 2nd plaintiff on March 28, 2018, compelling him to forward certain documents listed in the said letter to the 2nd defendant is illegal, null and void, especially in view of section 88 of the 1999 constitution of the Federal Republic of Nigeria (as amended). The originating summons was supported by a six paragraph affidavit deposed to by one Yohanna Shankuk, who averred that the 1st plaintiff is a Panel constituted by the President of the Federal Republic of Nigeria, pursuant to the Powers vested on the president by Section 1 of the Recovery of Public Property (Special Provisions) Act. “That the 2nd plaintiff is the chairman of the 1st plaintiff.” According to the deponent, the laws upon which the 1st plaintiff was set up, headed by the 2nd plaintiff, has not been repealed. While claiming that the 2nd applicant received a letter from the 2nd respondent on or about March 28, 2018, he averred that the 2nd plaintiff verily believes that the resolution contained in Exhibit B is beyond the constitutional powers of the defendants/respondents.
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Nigeria’s Oil Industry Not Yet Transparent, Says Former NNPC Boss Chineme Okafor in Abuja A former Group Managing Director of the Nigerian National Petroleum
Corporation (NNPC), Mr. Funsho Kupolokun, yesterday stated that Nigeria’s oil and gas industry is still not transparent in its operations,
FG Institutes C’ttee to Review Striking Health Workers’ Demands Olawale Ajimotokan in Abuja The federal government has mandated a committee to review the technical and financial related aspects involved in the demands of Joint Health Sector Unions (JOHESU). The decision was made to restore normalcy in the health sector and end the inconvenience inflicted on patients across the country by the strike. A statement issued yesterday by the Director of Information in the Office of Secretary to Government of the Federation (OSGF), Lawrence Ojabo, confirmed that the position was taken when high level government officials met last Sunday on the crisis. Ojabo said the meeting was called to explore means of ending the ongoing strike by JOHESU and finding a lasting solutions to the issues. He also added that the high level government team which met yesterday, will continue its sitting today.
“Government continues to reassure members of the public that the health facilities nationwide shall provide normal services and urges all employees to go about their duties peacefully as adequate security protection shall be ensured,” the statement said. The industrial action has already paralysed the National Hospital Abuja and other secondary health institutions across the country. The workers are at accusing the federal government of insensitivity to their plight and for failing to uphold the agreement with the health workers since 2009 till 2017. The union were demanding payment of promotion arrears, corrections of promotion irregularity, skewed appointments of Chief Medical Directors and Chairmen of Medical Advisory Committee, among others. In addition, they were also demanding the implementation of CONHESS Salary Scale at Medical and Dental Council of Nigeria (MDCN) as well as all court judgments obtained by the union.
adding that despite claims of improvement in its transparency index, the situation has not changed much since he left office some years back. Speaking at the 11th annual conference of the Nigerian Association for Energy Economics (NAEE) in Abuja, Kupolokun, explained that at the moment, the country only talks about transparency in the oil industry but hardly practice it. He also noted that the country has continued to talk about deregulating its downstream petroleum sector since 1993, but still unable to do that about 25 years after. This, he added, has very dire repercussions on the industry. “Everybody is talking about transparency in the petroleum industry. Everybody is talking about it, what is happening is that we are still not doing it. We keep talking about it. “In 1999 when I came back into the government system, it was a key issue; a number of bodies were set up by the government; yet today, we are still talking about it,” said Kupolokun. On deregulation of the
downstream sector, he stated: “We have been talking about deregulation since 1993. It went up and down with fuel price moving up and down. “The resultant effect is that if we have continued moving gradually that way, we would have finished the liberalisation of the downstream sector. But we reversed ourselves and today, we are in a scenario where we are still talking about deregulation. How many years, some 25 solid years we have been talking of deregulating the downstream sector, yet, it is still undone. “I just hope we do it and do it rapidly, because unless and until it is done, we would continue to have the problems that we are having in the downstream petroleum sector. “Ensuring Nigeria shift from rent-seeking to value creation is also very key. We have to move from where we are now, rent-seeking and think of how we can begin to create value. Unless and until we do that, I am not sure we are getting it right,” Kupolokun, added. Similarly, the Executive Secretary of the Petroleum Technology Development Fund (PTDF), Dr. Aliyu Gusau, in his remarks at
the event, stated that oil was still central to Nigeria’s development but that its value-addition to the economy must be redefined to have its operations focused on the downstream and mid-stream sectors of the industry. “There is no doubt we are very familiar with some of the happenings in the global oil and gas industry. We all know about the impact of the shale gas phenomenon on both pricing and market share for some countries. Anyhow you put it, in the increasing quest for cleaner energy, there is no doubt this is going to impact on the Nigerian oil and gas industry. I think we all can attest to that. “What is not certain is whether we are ready for that. For me, there are great opportunities in this journey. We must cease these opportunities to commence the journey of a post-oil economy,” Gusau explained. According to him: “I still believe that oil is still central. The oil industry in Nigeria is the only sector that has the capacity to provide the foundation for that journey. But it cannot be done with the current business model, that is focused
essentially on the upstream. “The business of taking oil from the ground and marketing it across the globe has to stop. The only way that the oil and gas industry can provide the foundation for the journey of a post-oil economy is to move from its focus on the upstream, down to the mid-stream and downstream where value is created.” Continuing, he stated: “This is the area where value, wealth and jobs would be created. This is the area that would create the fertilizer, the electricity, the petrochemicals that we require would all come into play. This should be, going forward, the norm in the Nigerian oil and gas industry. “What is the strategy to achieve this? Unfortunately, I have gone through all the four bills of the petroleum industry waiting to become law, I have seen fiscal and regulatory provision about the mid-stream and the downstream, but I have not seen anything in all the four bills that incentivises value generation. This is the challenge I must put forward, because this is the key in our journey to a post-oil economy in Nigeria.”
Presidency: Youths Not Oil are Nigeria’s Greatest Resources Okon Bassey in Uyo The presidency has stated that the greatest resources the country have are its youths who constitute the country’s workforce and not the oil. Making this known yesterday, the president’s Senior Special Assistant on National Assembly Matters (Senate), Senator Ita Enang, who spoke in Uyo, the Akwa Ibom State capital, at the official inauguration of the state secretariat of the National Committee of Buhari Support Groups (NCBSG), said President Muhammadu Buhari has enormous respect for Nigerian youths. Enang, who inaugurated the campaign office in the state on behalf of Buhari, said the president would continue to honour and treasure the youths of the country, and will at all times welcome them to participate in all that the country has to do. “Again, I reassure you that the president really respects the youths and will offer you all opportunities to maximise your potential in different areas you choose,” he declared. TheAllProgressivesCongress(APC), he said, was doing everything to ensure it wins all the seats in the state House ofAssembly, House of Representatives and the Senate as well as the Akwa Ibom State governorship contest in 2019 and also ensure Buhari wins a second term. Also speaking, a member of the Board of Trustees (BoT) of NCBSC, Senator Abu Ibrahim, said the body has opened offices in all the states in the South-south region. This, he said, was the formal beginning of the political process of deepening consultations and engagements with different stakeholders and shades of opinions across the South-south zone to ensure continuing peace needed for
national cohesion and sustainable development of the zone and the country at large. He maintained that the opening of the offices provided a platform for agenda-setting not only to secure the election of President Buhari for a second term but to guarantee the sustained mainstreaming of Southsouth interests in national discourse. Ibrahim, who represents APC Katsina South in the Senate, lauded the president’s unwavering commitment to put Nigeria back on the path of cohesive national growth and development hinged on huge human and natural assets. According to him, “In President Buhari we have a leader we can be sure will never abuse his office and use our collective sacrifices to feed his personal financial empire. “He is true to his promises and will do everything humanly possible to fulfill them. The people of the South-south should therefore have no fear that his promises through the engagement with the Pan Niger Delta Forum (PANDEF) shall be fulfilled to the letter. “Already, the Maritime University has taken off fully; the Amnesty Programme has been infused with new life, the East-West road project has come back to life, the commitment to clean up Ogoni and other impacted lands in the zone remains unshaken, and the long-awaited modular refineries are beginning to spring up with several of them now lined up for completion. “As you are aware, the APC is making progress with the intra and inter-party consultative processes of constitutional change on the vexed issue of the nature of our federalism (and associated matters of interest to the South-south), and these too shall soon be put behind us.
WE APPRECIATE YOU SIR
President, Association of Indigenous Construction Contractors of Nigeria (AICCON), Oluwaranti Lekan Osifeso (left), presenting a plaque to the Minister of Power, Works and Housing, Mr. Babatunde Fashola (middle), in appreciation of the transparency and ease of payments to contractors shortly after the minister’s meeting with AICCON at ministry’s headquarters in Abuja....yesterday. With them is the Permanent Secretary in the Ministry of Power, Works and Housing, Mr. Mohammed Bukar
Lagos Police Arrest Man for Impregnating Daughter Chiemelie Ezeobi The Lagos State Police Command yesterday arrested one Taiwo Oyelabi for allegedly committing incest with one of his twin daughters, Nibila, and in the process, put her in the family way. The 50-year-old suspect was said to have been reported at Igando Police Division through information given by concerned neighbours in his community, who had earlier noticed the unlikely relationship with his daughter. The state Commissioner of Police, Imohimi Edgal, who paraded the suspect yesterday, said after preliminary investigation by Igando Police, the matter was called up by the Gender Section of the state command for a more
in-depth investigation. The suspect was said to have divorced his wife when Nibila and her twin sister, Kehinde, were still in their infancy. As a result, the twins were taken to the suspect’s younger sister in Warri, Delta State, who raised them from infancy until last year November, when the suspect requested for Nibila to be brought to Lagos. Edgal said: “However, sometime in November 2017, the suspect took the now grown Nibila from his sister and brought her home to live with him in his house at Iyana-oba. “Since then, the suspect had been having inappropriate sexual relationship with his daughter, and the result of the unholy act
between father and daughter, resulted in pregnancy. “Investigation into the case revealed that the suspect is a security man but the strange part of his work was that whenever he was going to work, he goes with his daughter. “This strange behavior attracted the attention of the community and they reported to the police. Meanwhile, the suspect would be processed to the special sexual offences court in Ikeja.” In his confession, the suspect blamed the devil for his act, adding that it was his daughter that first approached him for the sexual affair. He alleged that “initially, I rejected her advances and I had to take her to a white garment
church for deliverance but she continued her advances. She will lie on me and kiss me. “I finally gave in and we did it five times but then she took in. When I discovered she was pregnant, I tried to kill myself three times but people stopped me. “The first time I tried to drink ‘Snipper’ insecticide but a neighbour stopped me. I later jumped into a well but I was rescued alive by some Hausa workers who came to fetch water from the well. “Meanwhile, when she got pregnant, I asked her if I was responsible but she said no, that it belongs to her boyfriend, Azeez. It was the police that told me that I was responsible.”
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Face Your Alleged Corruption Trial, Court Tells Suspended FHC Judge Akinwale Akintunde A Special Offences Court sitting in Ikeja has ordered a suspended judge of the Federal High Court in Lagos, Justice Mohammed Yunusa,
to face trial for alleged corruption. Justice Sherifat Solebo gave this order yesterday while ruling on a preliminary objection filed by the judge through his lawyer, Chief Robert Clarke (SAN).
Police Parade Suspects Who Invaded Magu’s Farmhouse, Killed Sergeant Paul Obi in Abuja The Nigerian Police yesterday paraded suspects who invaded the farmhouse of the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, killing a police sergeant on guard duty and carting away two AK47 rifles. The Police Deputy Police Public Relations, Aremu Adeniran, explained that “on December 12, 2017, some suspected criminals invaded the farmhouse of Magu. “Hence, the Inspector General of Police (IG) Ibrahim K. Idris, directed the IG Intelligence Response Team to carry out a discreet investigation into the invasion/attack, arrest and bring perpetrators to justice.” Adeniran said: “The principal suspects were arrested by the Police team in their various criminal hideouts after an unrelenting trail on the perpetrators of the unfortunate incident by the personnel of the IG Intelligence Response Team and the two police AK47 rifles carted away from the slain police sergeant and one other Police personnel on duty were recovered from the possession of a member of
the gang in his village home in Otukpo, Benue State. “One of the suspects, according to the police “is the gang leader who contacted Lance CPL Vincent, having received information on the location from one of his gang members. “They confessed to have discovered the location and informed their gang leader Inalegwu Omikpa for them to strike. “Dismissed NAF 12/26972 L/CPL Vincent confessed to have recruited two other gang members currently in custody of the Nigerian Air Force. He was handed over to the police by the Nigerian Air Force after being dismissed for the commission of other crimes. “He also confessed to the criminal role he played in the commission of the crime and led IRT operatives to Otukpo Local Government Area of Benue State where two AK47 rifles were recovered from him.” He stated that “the other two gang members are Air Force personnel currently facing disciplinary action with the Nigerian Air Force.
Clarke had in a preliminary objection filed on March 9, said the embattled judge had been absolved of the corruption charges by the National Judicial Council (NJC). Citing the case of Federal Republic of Nigeria Vs Nganjiwa, Clarke had said for Yunusa’s dismissal to be valid, President Muhammadu Buhari had to give a recommendation for his suspension. Solebo in the lengthy two hour ruling, however held a contrary view. Referring to a November 8, 2016 letter from the NJC to the Economic and Financial Crimes Commission (EFCC) suspending the judge, Justice Solebo noted that the NJC had already exercised disciplinary action against the embattled judge. “I do not think that the defendant is a sitting judge having been suspended, I thereby agree that prosecution cannot be brought until the NJC exercises its disciplinary powers against a judicial officer. “Going through Nganjiwa’s case there is no evidence that the NJC investigated Nganjiwa but in the case against the first defendant (Yunusa) the NJC on its 76th meeting investigated him. “What is left to be done? The NJC has done what it is empowered to do, it is my decision that I am not bound by Nganjiwa Vs Federal Republic of Nigeria. “It is my conclusion that the first
defendant has to defend himself in the information filed by the prosecution. “It is my decision that this court has jurisdiction on the charges filed against the first defendant in this case and the notice of preliminary objection is dismissed,” Justice Solebo said. Reacting to the prosecution judgment, Mr Wahab Shittu, the prosecuting counsel for the EFCC thanked the judge for her decision. “I thank My Lord for this ruling, this is an uncommon display of judicial courage this cannot be called judicial rascality, we commend this ruling,” Shittu said. The EFCC had arraigned Yunusa, formerly a judge of the Lagos Division of Federal High Court, alongside Esther Agbo, a staff of the law chambers of Mr. Rickey Tarfa (SAN) on January 17, 2018. Yunusa was arraigned on four counts bordering on attempted perversion of the course of justice and corruption by a public official, while Agbo was charged with offering gratification to a public official. They, however, denied the charges. According to the EFCC, Yunusa had constant and confidential communications with Tarfa, who was handling three lawsuits marked FHC/L/CS/714/2015, FHC/L/ CS/715/2015 and FHC/L/ CS/716/2015 before him. It also alleged that Yunusa collected N1.5 million bribe from Tarfa for the purpose of giving
favourable rulings and judgments in the cases. The judge is also accused of receiving N750,000 from Joseph Nwobike (SAN), between March 2015 and September, 2015, to get “favourable” judgment in some cases. Agbo, the second defendant who is an employee of Rickey Tarfa and Co., on May 14, 2015 paid the N1.5 million allegedly from Tarfa into Yunusa’s UBA account number 1005055617. The offences violated Sections 64(1)(a) and 97(3) of the Criminal Law of Lagos State, 2011. Earlier during yesterday’s proceedings, Justice Solebo had in the ruling also dismissed the three grounds in a preliminary objection filed by Mr. John Odubela (SAN), Agbo’s defence counsel. On March 9, Odubela had also asked the court to dismiss the charges against Agbo on three grounds - the first is that the amended information was incompetent because it was signed by Mr. E. E Iheanacho an EFCC official, instead of the Attorney-General (A-G) or an official from the A-G’s office. The other two grounds are that the National Industrial Court is the court with jurisdiction because the alleged crime was made in the course of Agbo’s employment and that the case against her is unknown to law. Citing Section 174 of the
Constitution, Justice Solebo said “The EFCC does not require a fiat or the consent of the A-G to prosecute as contained in Section 43 of the EFCC Act. “General prosecutorial power has been delegated by the A-G to the EFCC. “It is my modest view as presented, that the amended charge filed by the applicant is competent and validly signed by E. E Iheanacho and this court is competent to adjudicate same,” Solebo said. On the issue of jurisdiction, the judge said: “It is my modest opinion that for criminal matters exclusive jurisdiction is not conferred on the National Industrial Court (NIC) according to Section 254(C) (5) of the Constitution. “I therefore hold that this court has concurrent jurisdiction with the NIC to hear criminal matters that arise in the course of employment,” she said. Justice Solebo in the ruling noted that the offence in which Agbo was charged under Section 64(1) (a) of the Criminal Law of Lagos was known to law. “It is my opinion that the amended information is validly issued, I do not find merit in the objection and same is held in favour of the applicant,” the judge said. Justice Sherifat Solebo adjourned the case till June 11, 13 and 14 for trial.
Vote out APC for CallingYou Lazy, Wike ChargesYouths Ernest Chinwo in Port Harcourt Rivers State Governor, Nyesom Wike, has said Nigerian youths have a responsibility to vote out the All Progressives Congress (APC)-led federal government in 2019 for allegedly destroying the country. This is as the Rivers State Branch of the Nigeria Automobile Technicians Association endorsed the governor for a second term, citing his performance as the reason behind their decision. Speaking during a solidarity visit by the Association, yesterday at the Government House Port Harcourt, Wike said the federal government has no plan for the future of the country , hence they have destroyed all viable sectors. He said: “A government that has no plan for the people, does not think of their welfare and security, goes ahead to say that the youths are lazy. “Having collapsed the country, they want to blame it on others. Things were not like this before they worsened the situation. I am happy that we now know our mistakes and we are not going to continue with that mistake in 2019”. The governor declared that contrary to the presidential declaration, Nigerian youths are not lazy. “I know that our youths are not lazy. The only power we have is
our permanent voter card. If you don’t have yours’ then you are lazy. We must use our permanent voters cards to chase away this lazy party out of Nigeria,” Wike said. On national security, Wike stated that the federal government should be held responsible for the unbridled killing of innocent Nigerians across the country. “APC is responsible for the bloodshed in the country. This is a party that believes in sucking blood. If the party does not believe in sucking blood, they would have checked the shedding of innocent blood,” he said. Wike said his administration has a deliberate policy to grow the state’s economy and empower the youths. “Members of the Nigeria Automobile Technicians Association, Rivers State Branch will benefit from the monthly N200million interest-free loans set aside by the state government. The funds will be released to different traders and young entrepreneurs on a phased basis,” he said. Earlier, the Chairman of the Association, Stanley Amadi, announced the endorsement of Wike for a second term. He said 20,000 mechanics working in the state would work hard to ensure that the governor emerges victorious at the polls. He said the endorsement was to allow him complete all on-going projects and consolidate on the gains of his first term.
SCHOLARS
L-R: Prof. A. Oyewunmi; Prof. I. Smith; Prof. I. Bolodeoku; Pro-Chancellor, University of Lagos (UNILAG), Dr. Wale Babalakin; Dean, Faculty of Law, UNILAG, Prof. Ayodele Atsenuwa; Dr. A.K. Amusa and Prof. P.K. Fogam, during the deans visit to the pro-chancellor in Lagos...yesterday.
2019 ELECTION WILL BE TOUGH FOR APC, OYEGUN ADMITS While speaking to journalists after the inauguration, the Governor of Jigawa State and the Chairman of the convention committee, Badaru sad the party has decided that the national convention will be held in Abuja on May 14. He gave the assurance that the committee would be fair to all, adding that sale of nomination forms will commence next Wednesday. Badaru also said that the party has decided to retain the existing zoning arrangement for all the positions. Meanwhile, the party also yesterday dismissed as untrue reports that Saraki, Tambuwal, and Kwankwaso had given conditions to the Peoples Democratic Party (PDP) for their returns to the party. A national daily (not THISDAY)
had reported yesterday that these APC stalwarts had been wooed by the PDP to return to the party. According to the newspaper, the APC bigwigs had however stated that they would only return to the party on a condition that the name of the PDP is changed. But answering questions from journalists in the State House yesterday, Chairman of APC Convention Planning Committee, Badaru, dismissed the insinuation as a mere rumour, insisting that the men remain loyal party members. “No. I don’t think so and I have not heard that rumour and I don’t think there is such negotiation going on. It is not true that Tambuwal and Saraki are negotiating with the PDP. We have not heard of that. Some few weeks back, there was rumour about the governor
of Benue State but he made it clear at our last (National Executive Committee) NEC meeting that he is not moving anywhere. Those are rumours flying around but they don’t have consequence. “We are united. Tambuwal is with us and the distinguished Senator Bukola Saraki, the Senate President, is also with APC and we have not had any reason to think that they are negotiating elsewhere,” Badaru said. Asked how he hopes to handle the convention plans in a way that existing division in the party will not be widened, the governor said he was rather sure that the event would promote unity in the party. “They are all united and I am sure the convention will bring
everybody together and in democracy, if you are open and straight forward, things get done well. I don’t think there should be any problem,” he said. On the perceived recent political unrest in his state, Badaru said it was not a political unrest rather, political horse trading among politicians. “Political unrest, no, it is not true. It is a normal political chanting. Chanting between groups that are contesting the same position. People passing by and some groups will chant for their own and others will chant for another person and that was what happened. That was a great rally. It is normal in every gathering. You have different supporters supporting different people contesting the same position,” he said.
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T H I S D AY ˾ TUESDAY, APRIL 24, 2018
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
U E FA C H A M P I O N S L E AG U E
Liverpool Set to Put Roma to Sword at Anfield The 180 minutes to decide the two finalists of this year’s UEFA Champions League begin tonight at Anfield as title contender, Liverpool FC, plays host to AS Roma. Tomorrow, it will be the turn of Bayern Munich and Real Madrid in the second semi-final at the Allianz Arena in Germany. Both Liverpool and AS Roma put up good performances to reach this stage of the competition but it was the Italian side that actually upset the formbook when they eliminated tournament favourites, FC Barcelona over the two legs to reach the semi final. The host this evening, Liverpool, also put up a
phenomenal performance against Premier League champions Manchester City, beating them twice to make it to the semis, while AS Roma staged a dramatic comeback against Barcelona. However of the two teams, Liverpool has been one of the most rampant sides in Europe this season. Their front three comprising of Sadio Mane, Roberto Firmino and Mo Sallah have been on a free-scoring run. In a bid to avoid the ugly incident that almost marred
the their quarter final match against Manchester City early this month, Liverpool Manager, Jurgen Klopp, yesterday urged the club’s fans to show respect to their opponent, AS Roma when they arrive at the stadium this evening. Liverpool is being investigated by UEFA after the Reds supporters threw objects at the Manchester City
bus, causing damage, as they arrived for the quarterfinal first leg at Anfield this month. Klopp said he wanted to see the same passion and noise from the Liverpool fans inside the ground but better behaviour on the streets outside. “I think in the stadium, do it again, but outside, show the respect we have to show,” Klopp told reporters
yesterday. “This is such a fantastic football club and family. Known for fantastic atmospheres around the world, so we don’t need to throw whatever at the Roma bus. Please, show them the respect. “We are only opponents on the pitch. Everyone knows what a wonderful place Rome is and not all people know
how wonderful Liverpool is and we can show that in twenty minutes,” he said. Klopp thinks he does not need to tell Liverpool fans about the importance of a good atmosphere for his team. “They create the most special atmosphere in world football. I don’t know if it can be better than against Man City but if it is possible let’s try,” the German said.
TODAY (7:45pm) Liverpool Vs Roma WEDNESDAY Bayern Munich Vs Real Madrid
Greensprings/Kanu Football Camp Has Impacted Lives, Says LSFA The Chairman of the Lagos State Football Association (LSFA), Seyi Akinwunmi has said that the annual Greensprings/Kanu Football Camp has impacted positively on the lives of less privilege in the country. Also, winner of this year’s scholarship, 11-year-old Abbey Fawaz is yet to come to terms with the prospect of completing his education at Greensprings School. Fawaz who is the ninth beneficiary of the scholarship was full of appreciation to the management of the school, saying that, “I cannot believe that I will be attending Greensprings School having attended public schools all my life. But now life has changed for me through my talent in football. I am so grateful to the management of the school and I am looking forward to resume,” the junior class student of Jubilee Model School in Surulere said. For Akinwunmi who also doubles as the vice-president of the Nigeria Football Federation (NFF), the management of Greensprings particularly the Director, Mrs. Lai Koiki should be commended for keeping faith with the camp since its
inception in 2012. “The partnership with Greensprings/Kanu Football Camp can be described as God sent for the Lagos State Football Association because it gives us something tangible to report and it also vindicates the families of the children because they benefit so much from it. Every year we have a new family who would not have dreamt of sending their child to Greensprings School, but for the charitable act of the leadership of the school, they now have their kids getting quality education,” he said. He added: “We are happy now that some of the scholars are graduating from Greensprings while new ones are still coming in. It has been wonderful journey and on behalf of the Lagos State Government, we say a very big thank you to the management of the school and especially to Mrs. Lai Koiki.” Over 200 participants from various parts of the country took part in this year’s camp while former Super Eagles captain Nwankwo Kanu also took time out to tutor and inspire the students during the camping period.
Sterling Jets Win Whytecleon Sports Festival Ugo Aliogo and Amaka Akpa Whytecleon Limited’s annual sports festival aimed at engendering unity and strong bond amongst staff and stakeholders has ended in Lagos with Sterling Bank Jets emerging champions. Sterling Bank Jets defeated Whytecleon Limited 1-0 to clinch the grand prize of the competition. Speaking at the end of the competition tagged ‘Whytecleon Funtastic Weekend 2018’, the Chief Executive Officer of Whytecleon Limited, Nireti Adebayo, said the aim of the event was to engender oneness and create a greater bond amongst staff and stakeholders.
Adebayo stressed that the competition which is in its third edition has provided employers the opportunity to engage their staff, stressing that, this is a vital aspect of the event which they have been preaching for years. “For you to have quality performance of your employees in an organisation, you have to ensure that you engage them emotionally. Here, the focus is on those things that they care about,” she noted. The Whytecleon boss remarked that there was the need for organisation’s executives to examine the selfdevelopment and motivational training of their employees, while calling on other firms to realise that people are assets.
DOING AFRICA PROUD...
Egypt and Liverpool forward, Mohamed Salah, voted PFA Player of the Year in England on Sunday night admiring his trophy
Abuja Unity Polo Stakes President Cup, Legislative Shield Olawale Ajimotokan in Abuja The President Cup, Legislative Shield and Guards Challenge will be at stake at the 9th Abuja Unity Polo Tournament coming up between May 8 and May13 at the Guards Club, Abuja. The prestigious Abuja Unity Tournament, in its ninth edition, is to celebrate Nigeria’s democracy. The Tournament Manager, Ben Garba, announced at the weekend that participation for the major championship and subsidiary prizes, would
be limited to 12 teams. He said though many of the teams will be vying for the traditional cups, the organisers are expecting new teams to enhance the overall attraction of the tournament. Garba, who addressed the media jointly with the Grounds Manager, Guards Polo Club, Aliyu Umar; Second Vice Chairman, Awwal Ibrahim and the Treasurer; Gidado Abdullahi, said a draw will be used to decide the 12 teams that will participate given that many teams have indicated desire to attend.
He said the organisers would limit the teams to each cup , including the High Goal, the Intermediate and Medium Cups. Garba prided Guards Polo for waxing stronger, noting teams affiliated to it have won the coveted Georgian Cup in Kaduna in addition to laurels in Lagos, Port Harcourt and Kano. He added that a lot had gone in the planning of this year’s tournament expected to feature several foreign players and some of Nigeria’s top jockeys.
There are indications that Nigeria’s highest ranked Polo player, Bello Buba +4 , will feature while the highest ranked foreign professional will parade an handicap ranging from +6 to +7. Umar added that the club had invested in irrigation of the polo ground, specially manicured in the past six months in readiness for the tournament. “We don’t have irrigation problem. We boast of one of the best pitches in Northern Nigeria and the entire country, “ Umar said.
Nigerian Breweries Backs Okpekpe Race The Nigerian Breweries Plc has joined the growing list of corporate organisations who have thrown their weights behind the first IAAF silver label road race in Nigeria nay West Africa, the Okpekpe international 10km road race. Spokesman for the race Dare Esan revealed yesterday that the company is coming in as a Friend of the Race. “It is a massive boost for the image of the race to have a pioneer brewing company support an event in which history will be made on May 12, 2018. Remember the race next month is the first ever IAAF silver label road race in Nigeria and West Africa.
‘’In 2015, we became the first road race in Nigeria to be granted an IAAF label status. This means the Okpekpe race is regarded as one of the world’s leading road running events,” said Esan who explains that a label certifies the global sporting significance of the race, the organisational quality and the compliance with relevant IAAF competition rules. Nigerian Breweries Plc will support the race with cash and some of their products. “Nigerian Breweries have offered a cash support as well as some quantities of its non-alcoholic brand, Amstel
Malta for the race. “We are delighted to have the first and largest brewing company in Nigeria, a socially responsible corporate organisation with a good track record of corporate social initiatives back the first IAAF label road race in Nigeria. ‘Nigerian Breweries is a major player in sports sponsorship and promotion in Nigeria and it is to our credit that a company that supports the Nigerian senior football team, the Super Eagles and the historic Nigerian winter Olympics team is also throwing its weight behind another
historic event. This is a testimony to the growing popularity of the Okpekpe road race,” said Esan who further revealed that the theme song for the race will soon be released. The sixth edition of the Okpekpe International 10km Road Race will be broadcast live on television across the globe as all arrangements have been concluded with SuperSport for a live telecast of the historic race in Okpekpe near Auchi, Edo State.
NPFL Heartland 1-1 Plateau Utd MFM FC 1-1 Rivers Utd
Tuesday April 24, 2018
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Price: N250
MISSILE Presidency to Third Force
“A so-called Third Force has failed to get political traction since its birth... Certainly, there is no face that can be called the President of Nigeria� – Presidential spokesman, Garba Shehu literally declaring in a recently published column that there is no vacancy in Aso Villa.
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TUESDAY WITH REUBENABATI abati1990@gmail.com
2019: Nigeria’s Emerging Political Leaders
A
strong indication of both the quality and failure of politics in Nigeria, as the people look forward to the next general elections in 2019, is the manner in which virtually “every� Nigerian believes that he or she is good enough to be President of Nigeria. This may speak to a deepening of political consciousness, but it is also a reflection of the people’s anxiety and frustration about how the office and position of the President of Nigeria seems to have been mishandled and demystified. The process of that demystification has taken different shapes and tones since the return to civilian rule in 1999, but now everything seems to have gone so bad, far beyond expectation. My mechanic couldn’t have phrased this national dilemma better. He came to see me the other day, full of excitement. “Oga, it’s you I have come to see oh.� Typical Nigerian manner of speaking: you are right in front of me, and yet you still consider it necessary to announce your presence. Anyhow, I nodded affirmatively, already working out a response to a likely solicitation for money. It is school resumption time, and it is usual for people to go soliciting for help to pay children’s school fees in a country where basic education is so unaffordable. “Oga, I have come to inform you that I am thinking of running for President.� I thought the guy was talking about the Presidency of the Mechanics Village Association. So, I brightened up. No, he meant President of Nigeria. I removed my eyeglasses and dropped my pen. “President of Nigeria? How? Look, have you been drinking?� “Oga, you know I am a Christian. I don’t drink. I am serious oh. I have been thinking about it for a while. I can do a better job. The way these people are running Nigeria, some of us have good ideas about what can be done. If we leave this Nigeria to these politicians, they will finish all of us. Anybody that likes this country should get involved.� I paid attention to him. “Oga, look at me, I can do it. We can do it. I have worked it out. By the grace of God, I will be the next President of Nigeria.� I had known this mechanic for a while, but I never suspected he had very tall ambitions. I had not yet given him my honest opinion; he had already conscripted me. “We can do it�. We? Every Nigerian politician is an optimist, and the most optimistic are often the ones who don’t even stand a chance at the polls. I pretended to be interested all the same; so he continued with his campaign. “Oga, you know me. Am I a lazy man? No. I am not.� When people insist on answering their own questions the best you can do in the circumstance is to listen. “What this country needs now is a mechanic, somebody who can take a look at a vehicle that is having problems, and fix it. We mechanics do that every day. When they bring a car to you, first you diagnose. What is wrong with the car? Why is it not functioning well, and then you go straight to the problem and fix it. Why can’t people fix Nigeria? If we mechanics were to behave like politicians, this whole country will be littered with broken down vehicles. In the hands of these politicians, Nigeria is broken. E be like say Nigeria don knock engine sef. I am the man who will fix
Buhari that engine.� “But nobody will give you any chance. Everybody will laugh and think you are joking.� “I am not joking, Oga. What does it take to be President? I have done my homework. The only thing they are asking for is a WAEC certificate. I have my certificate ready and I can produce it to prove that I completed secondary school.� “How many credits?�, I asked, trying to humour him. “INEC does not ask for five credits. Even F9 parallel sef can be President of Nigeria. No be Nigeria?� “But you don’t have the resources. You’d need a lot of money.� “Oga, it is not about money. And if it is money, God will provide. Our Pastor in our church has been praying for me and God is speaking to us. When I become President, I will declare free education, free health and there will no lazy youth in Nigeria again!� “Why don’t you start at a lower level. may be local government chairman, gain some experience.� “Ha. Oga, Experience has shown that in Nigerian politics you don’t need experience. Who has experience helped? All those former Governors in the National Assembly, what kind of experience do they have? In fact, let me just say a lot of them go there to sleep and collect free money, travel free. I have seen their pictures. They go there to sleep. When some thugs stormed the place to steal the Mace, not one of them could stand up and protect the Mace. Lazy Senators. Only a woman, a sergeant at arms was courageous enough to challenge the Mace thieves. When I am President, nobody will dare steal the Mace. It won’t happen.� I felt like telling him that there has been too much drama over the significance of the Mace in our legislatures. It is at best a ceremonial symbol. For a session of the legislature to be valid under the 1999 Constitution what is required is a quorum as defined under Section 54, but of course the kind of criminal conduct that was put up at the Senate, last week, is condemnable and should be investigated and all authors of that act of impunity must be sanctioned accordingly. I didn’t say anything to him along these lines, rather I was more impressed by his passion, his
determination to save Nigeria and arrest the drift. I was also struck by the fact that he is not the only Nigerian with such passion. There have been many of his kind, now active on social media, promoting a vision of Nigeria and insisting that they would be better materials for 2019. The number of these aspiring Presidents keeps increasing everyday and while I consider some of their posters a bit curious and the candidates a bit unusual, taken together, the shared anxiety about the Presidency and who is best fit to lead Nigeria beyond 2019 says a lot about public expectations. There are online, video-tapes of a certain Aunty Monica, for example. She is based in Europe and she wants to come home to be President, to bring investment and tourism to the country, and she says she has “ideas in her head.â€? I have also seen such banners as “Vote Iya Bayo for president, Aunti Ramota for Vice Presidentâ€?, and “PFANN: A new refreshing wind blowing over the nation. Get ready. Elishama 2019.â€? The names of a popular Fuji musician, Wasiu Alabi Pasuma, and that of the legendary footballer, Kanu Nwankwo have also been mentioned as potential Presidents of Nigeria. Neither Pasuma nor Kanu has confirmed their interest in the job. But the social media is the forum where many ideas are hatched, and many of such ideas also die on social media, but what is said about public reality should not be ignored. Nigerians want what is now referred to as the #realchange. They are disappointed. They are angry. There is also a growing resentment to the repeated claim by the ruling All Progressives Congress (APC) and President Buhari’s handlers that there is no alternative to Buhari. In a most recent article, Garba Shehu, a Presidential spokesperson asks what he considers “an important questionâ€? - “who do you have that is better?. Then he answers it himself; â€œâ€Ś certainly there is no face (other than Buhari) that can be called the President of Nigeria.â€? Garba Shehu even scoffs at the Coalition Movement that started a protest against the two leading political parties in Nigeria - APC and PDP, and asked for a one-term Buhari Presidency. He says “a so-called Third Force has failed to gain political traction since its birth.â€? My mechanic, Aunty Monica, Iya Bayo, Aunti Ramota, and Elishama – these are ordinary Nigerianscertainly disagree that only one man’s face is good for the Nigerian Presidency. They in fact believe that they will do a much better job. But perhaps the more significant development is the emergence of new faces on the political scene who are also keenly interested in rescuing Nigeria and whose declared starting point is the Presidency. I once described them as products of the Trudeau-Macron effect. Justin Trudeau, 46, became Prime Minister of Canada in 2015. Emmanuel Macron, 39 assumed office as President of France in 2017. There is also the current Chancellor of Austria, Sebastian Kurz - he is the youngest President in the world. He is 31. An emerging group of Nigerian political leaders falls into this category: they are challenging current political orthodoxies; they are educated, they are internationally exposed, they can think out of the box and above all, they are united in their resolve that President Muhammadu Buhari is replaceable in 2019. They equally pose a challenge to the traditional political elite, which so far is yet to make up its mind about presidential candidates or alternative platforms for the 2019 Presidential
and general elections. The usual tendency is to dismiss them as “noise makers and attention seekersâ€?, but they probably constitute the real “Third Forceâ€? that will produce the traction that the Presidency is yet to see. One newspaper has identified up to about 24 of these emerging “game changersâ€?. There is Bukunyi Olateru-Olagbegi, 27 who has registered a political party – the Modern Democratic Party (MDP). He is not running for President but the MDP could become a useful platform for youth mobilization and conscientization. There is also Omoyele Sowore, 47, former students’ union leader, civil rights activist and founder of Sahara Reporters, an online newspaper. For the past month or so, Sowore has been on the campaign trail, addressing students and civil society groups. He has also appeared on radio and television. His main message is that Nigerian youth should “take back Nigeriaâ€? from those who have destroyed it. He has in particular been very critical of the Buhari government. “I can run Nigeria better than Buhari in my sleepâ€?, he says. When a serving Minister, Adebayo Shittu told Sowore to go and start as a councilor, during a radio programme, Sowore held his ground. Kingsley Moghalu, 55, former Deputy Governor of the Central Bank of Nigeria (CBN), an author and a scholar, has also declared his interest in the Nigerian Presidency. He is offering Nigeria, “bold and decisive leadership ‌something different ‌ by a capable, experienced technocrat.â€? Like Sowore, Moghalu means business. You also have Fela Durotoye, 47, a Presidential aspirant on the platform of the Alliance for New Nigeria (ANN). Durotoye wants to rebuild Nigeria through visionary and inspirational leadership. Alistair Soyode is the founder of BEN TV in the United Kingdom. For years, he has been reporting Nigerian stories to the world and to Africans in diaspora. Like Sowore, he has also decided to become directly involved in Nigerian politics. Other emerging aspirants include Professor Funmilayo Adesanya-Davies, 55 who says “power must go to women and the youthâ€?; Sam Nwanti, an international detective, and a member of the Labour party, who wants to “fight crime and corruptionâ€?. Others include US-based Omololu Omotosho, Lewis Omike, a filmmaker and photographer, Dr. Thomas-Wilson Ikubese, 47, of the National Conscience Party, and 35-year old Adamu Garba II. The temptation is to dismiss this category of aspirants as Minister Shittu has done, in part because they do not preach the message of religion, ethnicity and money, and they do not seem to have any Godfathers who can offer them existing structures in exchange for conditions of service. Many of them may even throw in the towel before the actual race begins. The old brigade of Nigerian politics is not in a hurry to retire, change tactics or yield space. People don’t become Presidents in Nigeria by merely pasting posters and social media messages or through sheer idealism. IN 2011, Dele Momodu, 51 at the time, tried to run for President. He has many stories to tell. The Trudeau-Macron effect in our politics may still take a few more years. But it would be wrong to ignore what the new faces represent: a more deep-seated yearning for change among the youth and the middle class, and at least two of them: Sowore and Durotoye are already exercising much influence among the Nigerian youth, not just on social media but also across the educational institutions and the streets.
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