Tuesday 8th May 2018

UBA Partners MasterCard to Ease Payments by SMEs Obinna Chima The pan-African financial services institution, United Bank for Africa (UBA) in partnership with MasterCard International has released a revolutionary solution to one of the critical

challenges being faced by small and medium scale enterprises (SMEs) and micro small businesses in Nigeria and across Africa, with the introduction of UBA MasterPass QR Bot, which will ensure faster and easier payment for goods and services

provided by these important economic groups. MasterPass QR Bot is part of UBA’s efforts targeted at supporting SMEs, which remains a critical catalyst for the overall development of the continent’s economies. It

is also in line with the bank’s vision to create a sustainable and all-inclusive solution to the digital needs of businesses and individuals on the African continent. Specifically, this revolutionary solution developed by

MasterCard International in partnership with Facebook will also enable small businesses in Nigeria and across Africa to receive digital payments from their customers through scanning, using their Facebook accounts and, Master Pass

‘Quick Response’ (QR). More importantly, with the UBA’s MasterPass QR, small and medium scale enterprises (MSMEs) will enjoy zero cost of enrollment, as they do not Continued on page 6

Birnin Gwari Attack: Death Toll Rises to 61, El-Rufai Visits Community… Page 8 Tuesday 8 May, 2018 Vol 23. No 8419. Price: N250

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President Meets Saraki, Dogara, Says N’Assembly Invasion an Embarrassment Leadership of legislature reports IG to president, discusses Melaye’s ordeal Senate President: Budget to be passed next week Omololu Ogunmade in Abuja and Yekini Jimoh in Lokoja President Muhammadu Buhari has frowned at the recent invasion of the National

Assembly by unknown persons who carted away its mace, describing the development as an embarrassment and promising to investigate the incident.

Buhari whose reaction came at a private meeting he held with Senate President Bukola Saraki and his House of Representatives counterpart, Yakubu Dogara reportedly

said the development was not only an embarrassment to the legislature but also to the entire country, adding that a proper investigation to unravel the masterminds

was imperative. Briefing State House Correspondent after the meeting, the Senate President said the meeting was summoned at the instance of

the president with the aim of briefing them on the outcome of his trip to the United States and also to find out the state Continued on page 6

Buhari Heads to London on a Four-day Medical Trip Omololu Ogunmade in Abuja Muhammadu President Buhari will today embark on a four-day trip to the United Kingdom where he will see his doctors. A statement by Malam Garba Shehu, his Senior Special Assistant, Media and Publicity last night, said the president had a meeting with his doctor last Thursday when he had a “technical stopover” for aircraft maintenance in London on his way back to Nigeria from Washington where he had met United States President Donald Trump. According to Shehu, the doctor asked the president to return for another meeting, which he said Buhari agreed to do. The statement added: “President Buhari will return on Saturday, May 12th. Continued on page 6

STATE OF THE NATION… President Muhammadu Buhari (middle) receives President of the Senate, Senator Abubakar Bukola Saraki (left) and Speaker of the Federal House of Representatives, Rt. Hon. Yakubu Dogara, at the State House in Abuja… yesterday state house

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PAGE SIX B U H A R I H E A D S TO LO N D O N O N A F O U R - DAY M E D I C A L T R I P “On his return, the president’s two-day state visit to Jigawa, which was postponed because of the All Progressives Congress’ (APC) ward congresses will now take place on Monday 14th and Tuesday 15th May.� Buhari’s four-day medical trip to the UK will be his fifth to the country that will be made public since he assumed office three years ago.

The president first proceeded on medical vacation on June 7, 2016 over what the presidency described as a persistent “ear infectionâ€?. At the time, Buhari was forced to cancel a two-day visit to Lagos to inaugurate projects in the state due to the “ear infectionâ€? suspected to be MĂŠnière’s disease. His trip at the time occurred

days after presidential spokesman Femi Adesina was quoted as saying Buhari was as “fit as fiddle� and “hale and hearty�, to much criticism by political analysts and several Nigerians. On January 19, 2017, the president embarked on yet another medical vacation and was billed to return on February 6, 2017, following what was

described as a “routine medical check up�, but did not return until March 10, 2017. Although information was limited during his stay in London, he was pictured on March 9 meeting with the Archbishop of Canterbury, Justin Welby, at Abuja House, the official residence of the Nigerian High Commissioner to the UK.

On his return, Vice-President Yemi Osinbajo continued to steer the ship of the country while the president recovered in Abuja. Buhari during this period missed several major official and public engagements, and appeared very frail the few times he appeared in public, until his return to the UK on May 7, 2017 for medical reasons.

He eventually returned to Nigeria from his medical leave 104 days later on August 19, 2017. His four-day trip to the UK to see his doctors again is bound to set tongues wagging and raise questions over his ability to run the country. Buhari, 75, has announced his intention to seek re-election in the 2019 presidential election.

P R E S I D E N T M E E T S SA R A K I , D O GA R A , SAYS ' N ’AS S E M B LY I N VAS I O N A N E M B A R R AS S M E N T ' of the budget. According to him, they reported the invasion of National Assembly to him, pointing out that the president expressed concern over the development, describing it as an embarrassment and promised to ensure that it is investigated. "Well, we came on the invitation of Mr. President. He wanted to brief us on his trip to the United States and also the issue of the budget. We also talked on the issues of concern to us - the invasion of the National Assembly, which he showed great concern about and said action would be taken to investigate that. "Of course, he sees it as an embarrassment to the country and that there will be a proper investigation because it is something that is not just about the National Assembly, it is about the country," Saraki said. On when the 2018 budget will be passed, he said the Appropriation Committee would submit its report to the Senate this week and the Appropriation Bill would be passed next week. "Well, hopefully, it should be laid this week. If it can be laid this week, it can be passed early next week but we are hoping it will be laid this week," he added. On the cat and mouse relationship between the two arms of government, Saraki who said the National Assembly was ready to give the required support to the executive, disclosed that they reported the Inspector-General of Police, Ibrahim Idris' perceived penchant for disobedience to constituted authority to the president. According to him, the meeting was a good one because it gave them the opportunity to touch

all issues of concern. "You see, we are here today. It was the initiative of Mr. President to brief us on his visit to America and to engage in discussions and I think that is a good sign. "We as members of the National Assembly have always been ready to give all our support to the executive and we will continue to work along those lines. "As I said, the presidential system that we operate, we sometimes have the responsibility to check the excesses of the executive. So, there will always be times we will disagree but by and large, we will always work for the interests of Nigerians and always. Keep on moving on. "Just talking about the issue of the police, we also raised the issue of the non-appearance of the IG at the Senate and felt that they must continue to ensure that he continues to apply obedience to the issue of constituted authority. "We are of great concern that this is not the first time this is happening and that matter needs to be addressed considering the importance of the powers of the constitution that gives investigative powers to us and that there is the need for police to accept that they too are under the constitution and they must obey that. We raised that concern. "Yes, of course. I think it is good that we touch on some of the important issues, as I said it is a continuous process," Saraki stated. Also in his briefing, when asked to comment on the impeachment threats looming over the president, the Speaker, House of Representatives, Yakubu Dogara said himself and Senate President Bukola Saraki had

no authority to discuss the impeachment of President Muhammadu Buhari. Dogara's comment that they had no authority to discuss the president's impeachment looked shocking, coming few days after both chambers of the National Assembly had threatened him with impeachment over his decision to withdraw $496 million from Excess Crude Account to buy Tucano aircraft without authorisation. Dogara who said neither the president nor themselves raised the matter of impeachment, added that impeachment was a political offence and nothing called for that now. "Well, I don’t think we have the authority to discuss issues of impeachment. lmpeachment is a political offence and I don’t think we are there yet," he said. On whether the president expressed his feelings about the threat, Dogara said: "No, never. It wasn’t part of the agenda." Dogara also said they expressed their displeasure to the president over the manner of Senator Dino Melaye's arraignment in Lokoja last week, described the experience as uncivilised and uncalled for. Dogara who said they did not say the law should not take its course if Melaye is found wanting under it, insisted that a situation where the police behaved as "upgraded barbarians" in a democracy is unacceptable. "On the issue of Senator Dino, of course, anything that happens to one of our members or any member of the National Assembly is of concern to us. And there is no way we can have this kind of meeting without raising that.

"This is a civilian administration. It is a democracy and it is imperative and very very important that all institutions of democracy operate within the ambit of the rule of law. "There is nowhere, I have said it before, that police will behave in a democracy like a clan of tribesmen, like an upgraded barbarians sort of. So, there is a need for us to act with civility. We are not saying that anybody should be protected and defended. "Once you have committed an offence, our law said you should answer it but you just have to utilise the provision of our constitution and the rule of law and this administration of President Muhammadu Buhari has over-emphasized it in order to bring people to book. "But a situation where people are wheeled to court, that doesn’t give a good image of our democracy. I have not seen a democracy where people are wheeled to court. They are not in the proper frame of mind and they are forced to undergo trial. "Whatever it is, even if Dino is pretending as some have said in some section of the media, he cannot pretend forever. He is there, he will not run away. He is a senator and he can be tried any time he is in a proper frame of mind. "As a lawyer, I can tell you. Any judge that assesses an accused person that is not in a proper frame of mind, even if the accused person pleads guilty, he is duty bound by law to record a plea of guilty if he is not satisfied as to the soundness of the mind of the accused person.

"So, the emphasis is there and I believe the president, being a listening president, will definitely take steps and do something about it," he submitted.

Melaye’s Bail Application for Thursday The Kogi State High Court sitting in Lokoja yesterday adjourned Senator Dino Melaye’s bail application for further hearing on Thursday. Melaye is standing trial on a seven-count charge bordering on illegal possession of firearm, among other charges before the court. The trial judge, who is also the Chief Judge of Kogi State, Justice Nasir Ajanah gave the ruling at the resumed hearing of the motions in Lokoja. He said the adjournment was to enable the defence file its affidavit on the bail application. Ajanah said the adjournment would also enable him to study the counter motions to be able to adjudicate on the matter judiciously. The prosecution led by Dr. Alex Izinyon (SAN) urged the court not to grant the application, arguing that the Senator would jump bail if his application was granted as he had once escaped lawful custody. Izinyon said that the Senator while in police custody as he was being taken from Abuja to Lokoja for arraignment, jumped out of police bus and escaped. He argued that there was no guarantee that Melaye would make himself available for trial if granted bail, adding that his

conduct in the alleged escape from lawful custody did not portray him as someone that will not jump bail. However, counsel to Senator Dino Melaye, Chief Mike Ozekhome in the bid to sway the court in favour of his client in a counter affidavit explained the circumstances that led to the alleged escape. He pointed out that initially the same police told Senator Dino that they will take him to a High Court in Abuja for prosecution, but decided to head towards Lokoja for prosecution. According to him, while they were in the vehicle, the police teargassed Dino twice when he was protesting vehemently why they were taking him to Lokoja instead of Abuja. He explained further that while the vehicle carrying the Senator came to a standstill at Area One intersection roundabout in Abuja, Dino forced the door of the vehicle open and jumped down because he was gasping for breath so that he will not suffocate and die. Melaye was earlier arraigned on a stretcher along with others before a Lokoja Senior Magistrate Court which ordered his remand in police custody. He however had the ruling of the magistrate varied and was remanded in the National Hospital, Abuja by Justice Ajanah who slated Monday for hearing in the bail application. The senator, along with Kabiru Seidu, aka Osama and Nuhu Salihu, aka Small are standing trial on a seven-count charge bordering on illegal possession of firearms, criminal conspiracy and illegal dealing in arms.

U B A PA RT N E R S M AST E R CA R D TO E AS E PAY M E N T S BY S M E S have to pay to enroll, while transaction costs will remain at par with existing charges used at PoS. Apart from assuring the freedom to shop across devices and channels, UBA’s MasterPass QR will revolutionise payment by democratising the payment process, thereby eliminating a key challenge that merchants currently face, which is payment for goods and services beyond their current location. UBA Masterpass QR enables merchants, small and informal micro merchants, large corporates and governments pay and receive payments for goods and services using mobile phones. It also allows payment collection by SMEs through Facebook Messenger, delivering unified and instant self-service across a range of interconnected payment solutions. Throwing more light on this priceless solution, UBA’s Group Executive, Digital & Consumer Banking, Mr. Anant Rao, said: “Our customers are at the heart

of our business, that’s why we keep going the extra mile to satisfy them. As we very well know that Micro, Small and Medium Enterprises (MSMEs) contribute significantly to the economy but remain heavily dependent on cash to run their business; however, consumers are demanding safer and more convenient ways to pay. The innovative new platform enables micro, small and medium enterprises (MSMEs) in Nigeria receive digital payments from millions of customers by simply scanning�. He noted that, access to mobile technology presents an opportunity to meet this demand, and the new UBA Masterpass QR Merchant App is set to change the payment landscape to the benefits of micro merchants across the country. Rao further explained that, Banking is going conversational and UBA in partnership with Facebook is at the forefront of driving this innovation globally. “It is 100% self-service

and generation of the QR is immediate. Acceptance of payments can begin immediately the QR is generated, it is making banking simple.� The announcement follows the commitment made by UBA to introduce safer and more convenient ways to pay for goods and services in Nigeria and across the African continent. “As a group, we are committed to driving financial inclusion and empowering businesses across Africa. Our partnership with Mastercard enables us to deploy safe digital solutions for customers, and the UBA Masterpass QR Merchant App is just such a solution,� said Rao. Rao confirmed that UBA will be working with other Mastercard partners that are experts in their respective fields thereby further supporting the local industry. “By using Masterpass, our customers can know with confidence that they are paying with trusted technology, whether they are a small business buying equipment

at an office supply store or a family of four dining at their favourite neighbourhood restaurant." Earlier this year, UBA launched a chat banking personality named LEO that enables its customers make use of their Facebook chat function to carry out key banking transactions. LEO helps customers open new accounts, receive instant transaction notifications, check their balances on the go, transfer funds and airtime top up. You can also confirm cheques, pay bills, apply for loans, freeze accounts, ask for mini statements, among other things and even check the weather. The introduction of MasterPass QR Bot is coming on the heels of the recent agreements reached between United Bank for Africa Plc and Agence Française de Development (AFD), France’s public and solidarity-based development bank to utilise the EURIZ and ARIZ schemes offered by AFD to facilitate the

financing of the Small and Medium-scale Enterprises and startups across the 20 countries where UBA operates in Africa. Also, earlier in the year, United Bank for Africa (UBA) Plc and China Development Bank (CDB), the world’s largest development finance institution signed a letter of intent for a $100 million seven-year loan agreement to finance the development of small and medium enterprises (SMEs) in Africa. UBA, Africa’s global bank, is one of the largest commercial banks incorporated in Nigeria which operates in 19 African countries whilst providing a wide range of products and services. UBA is a leading bank in infrastructure financing particularly in the Power, Telecoms and Transport sectors. UBA leads in social infrastructure provision such as hospitals and education facilities to various countries in Africa. In Nigeria, the bank operates in each of the country’s 36 states, helping

to deepen financial inclusion through its brick and mortar network as well as through its cutting edge digital platforms. Globally, UBA has over 1,000 branches and customer touch points, serving over 14 million customers.

TOP GAINERS NGN NGN C & I LEASING 0.13 1.52 CONSHALLMARK 0.02 0.34 BETAGLASS 3.75 79.25 CCNN 0.95 20.45 VITAFOAM 0.14 3.24 TOP LOSERS NGN NGN DANGFLOUR 0.70 13.30 ETERNA 0.33 6.27 SOVEREIGNTRUST 0.01 0.22 DANGSUGAR 0.90 20.50 JAPAULOIL 0.02 0.48 HPE Nestle Nig Plc â‚Ś 1,599.00 Volume: 450.522 million shares Value: N 4.958 billion Deals: 4,699 As at 7/5/18 See details on Page 31

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Birnin Gwari Attack: Death Toll Rises to 61, El-Rufai Visits Community

Two-Minute BrieďŹ ng NEWS US Blocks Malami’s Lawyers

from Taking a Cut on $500m Abacha Loot The United States has said it will only deal with Nigeria on a governmentto-government basis for the restitution of $500 million Abacha loot‌ Page 10

EDITORIAL The SenaTor Melaye recall

Fiasco The failed attempt last week to recall Dino Melaye, the loud and controver- sial senator representing Kogi West, suggests something very troubling. Page 15

POLITICS APC on a Familiar Path Governor El-Rufai (middle) visits Birnin Gwari‌ yesterday

John Shiklam in Kaduna, Omololu Ogunmade and Paul Obi in Abuja The death toll in Saturday's attack by armed bandits in Gwaska Community, Birnin Gwari Local Government of Kaduna State has reportedly risen to 61. Sources said more corpses were recovered in the surrounding bushes during a search for missing persons by members of the local vigilante group and security agents. Meanwhile to forestall a recurrence of the incessant killings around the communities, President Muhammadu Buhari yesterday approved the establishment of a new Battalion of the Nigerian Army, and a new Police Area Command, in the area. The president, according to a statement by his media aide, Malam Garba Shehu, strongly condemned the latest massacre of innocent Nigerians in the area. The military in its ongoing onslaught against terrorists scored a major victory as the troops of the 22 Brigade, Borno State yesterday rescued about 1000 hostages captured by Boko Haram terrorists. The rescue of the hostages was as a result of the combined efforts of troops in the North East, where the military have continued to engage the Boko Haram terrorists. Meanwhile, the Kaduna State governor, Mallam Nasir El-Rufai on Monday visited Gwaska community to commiserate with the people over the killings. Before proceeding to the village, ElRufai visited the Emir of Birnin Gwari, Mallam Jibril Zubair II in his palace to commiserate with the traditional ruler over the killings. “I came here to share the pains and anguish of our people, the predicament of innocent citizens whose lives were cut short due to the terrorism of bandits and criminals who have been tormenting us," the governor told the emir. He said the purpose of the visit was to console the people, see things for himself and talk directly to the people. He assured that everything was being done to end the killings. "I want to say again, that we are not sleeping and by the grace of God we will overcome this evil act and the terrorism being unleashed on our people," the governor said. In his response, the Emir commended the federal and state governments for demonstrating the commitment to address the security challenges facing his people. “We are grateful for your deep condolences and empathy. We are grateful for all your commitment to resolving the plight of Birnin Gwari people. As a member of the State Security Council, I am in the know of Federal and State Government commitment. “The IG and the GOC were here and have confirmed the establishment of a Battalion of the army and Police Area

Command. I am happy that you are going to Gwaska and other communities to see for yourself" the Emir said. On arrival at Gwaska, the governor was received by the community leader, Mallam Isa Musa who briefed the governor on how the attackers invaded his community. Musa said the attackers “were heavily armed with sophisticated weapons and are not ordinary gunmen". He said: "They came from different directions and encircled us shooting and burning our houses with impunity. “We appreciate all your commitment but we wish to let you know that only full military action on both land and air can match these terrorists. "They are mercenaries and marksmen. As you can see it is about seven kilometres to Dansadau in Zamfara State. We also share boundaries with Katsina and Niger states.� While commiserating with the community, El-Rufai assured that both the state and federal governments were intensifying action to address the lingering problem of rural banditry. He promised that government will assist in rebuilding the affected communities and urged them to continue to be law abiding.

Buhari Condemns Attack, Approves New Battalion, Police Command Following the killings of 45 persons in Birnin Gwari Local Government Area of Kaduna State on Sunday, President Muhammadu Buhari yesterday approved the establishment of a new Battalion of the Nigerian Army, and a new Police Area Command, in the area. The president, according to a statement by his media aide, Malam Garba Shehu, strongly condemned the latest massacre of innocent Nigerians in the area. Shehu quoted the president as saying that he was "deeply outraged by this unwarranted, unprovoked and reckless destruction of lives by bandits who belong to the lowest level of civilisation. I feel the pains and devastation of the families of the victims, and this administration will do everything possible to ensure we defeat these enemies of humanity." The statement said the new Army Battalion and the Police Area Command were the latest in a series of law enforcement measures to ensure a more effective protection of lives and property, in and around Benue, Kaduna, Taraba, Zamfara and Nasarawa States. It also disclosed that last week, the Nigerian Air Force took delivery of two new helicopter gunships, for deployment to parts of the country affected by banditry. It also added that a Quick Response Wing has been established by the Nigerian

Air Force in Taraba State, while a Joint Military Intervention Force is fully on ground in Benue. According to the statement, Buhari assured that security remained a priority of his government, threatening that his administration would not tolerate the persistent killing of innocent people in order to set Nigerians against one another. The statement further quoted Buhari as saying "these persistent killings are not spontaneous; there are subterranean forces with a sinister agenda to instigate a war in the country for selfish purposes. "Although unconventional war is particularly complicated, our security forces are making rigorous efforts to better understand these enemies with a view to decisively checkmating their evil attacks.� It also said Buhari extended his condolences to the families of the victims, the government and the people of Kaduna State over the tragedy, assuring them that his government will never abandon them to their fate.

Troops Rescue 1000 hostages from Boko Haram terrorists In the latest development, troops of the 22 Brigade, Borno State yesterday rescued about 1000 hostages captured by Boko Haram terrorists The rescue of the hostages was as a result of the combined efforts of troops in the North East, where the military have continued to engage the Boko Haram terrorists. Director of Army Public Relations, Brig. Gen. Texas Chukwu told THISDAY that "the operation to rescue hostages captured by Boko Haram started on the 28th April 2018." He explained that hostages were kept by the terrorists in different locations in Borno State and other parts of the North East. Chukwu had earlier in a statement stated that the "troops of 22 Brigade deployed in Operation Lafiya Dole rescued over 1000 hostages from the Boko Haram Terrorists enclave. "The operation which was conducted in conjunction with allies of Multinational Joint Task Force (MNJTF), rescued the hostages from Malamkari, Amchaka, Walasa and Gora villages of Bama Local Government Area of Borno State. "The hostages consisted mainly of women, children as well as some young men who were forced to become Boko Haram fighters. "The Nigerian Army wishes to remind the public of its resolve to rout out Boko Haram and rescued all hostages. "The public is also advised to report any suspicious character to the appropriate authority for prompt action. However, the rescue persons are being attended to in a military medical facility," Chukwu stated.

Asking governors to cough out N250m each to support the All Progressives Congress has furtherr exposed the party that promised change as one that is insensitive to o workers’ plight, writes Davidson Iriekpen Page 16

FEATURES How Cough Syrup in Nigeria

is Creating a Generation of Addicts Chiemelie Ezeobi writes on the ordeal of some Nigerians including children, who were illegally brought back by a Gabonese passenger vessel alongside deportees from other African countries Page 18

BUSINESS Seplat Petroleum to Drill Five

New Wells in OMLs 4, 38, 41 Exactly two years after it last drilled ed production wells in OMLs 4, 38 and d nt 41, Seplat Petroleum Development Company Plc, which is listed in both Nigerian and London Stock Exchanges, will drill five new wells in the three acreages in 2018‌ Page 21

PROPERTY ArtiďŹ cial Pricing is a Major

Challenge in Nigeria’s Property y Market, Says Ogunniran nt Mr. Hakeem Ogunniran, a prominent operator in Nigeria’s real estate sector, believes the nation’s property market should be rid of artificial pricing. Page 28

INTERNATIONAL Putin Sworn in for Fourth Term as Russian President Vladimir Putin was sworn in as Russia’s president for a fourth term on Monday, extending his almost two-decade rule by another six years at a time of high tension with hisWestern rivals‌ Page 36

SPORTS ‘Ndidi Will Be Fit for World Cup’

Despite missing the rest of EPL season due to a hamstring injury, Wilfred Ndidi, 21, has been tipped to be fully fit to return to action before Nigeria plays her lastWorld Cup 2018 tune up game against Czech Republic on June 6. Page 47

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NEWS

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

US Blocks Malami’s Lawyers from Taking a Cut on $500m Abacha Loot The United States has said it will only deal with Nigeria on a government-to-government basis for the restitution of $500 million Abacha loot, senior presidency sources have informed TheCable. Officials of the US Department of Justice (DoJ), according to the sources, told President Muhammadu Buhari pointblank during his visit to the US that they would not deal with any third party in the restitution of the funds. The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, had attempted to engage private lawyers who were going to take a cut as “legal fees” — even though they did not play any role in the recovery of the stolen funds traced to the late former military Head of State, General Sani Abacha, who ruled Nigeria from 1993 to 1998. The recoveries were made in 2014 by President Goodluck Jonathan government and domiciled with the US government — and all the lawyers involved had been paid four per cent of the funds as their fees. The funds were to be returned to Nigeria on the condition that the federal government would sign a memorandum of understanding (MoU) to avoid the mismanagement associated with recoveries under former President Olusegun Obasanjo. In 2016, however, Malami went ahead to appoint two Nigerian lawyers again — in a pattern very similar to the $321 million Abacha loot recovered from Luxembourg also in 2014 for which the lawyers he hurriedly engaged were to be paid almost $17 million for doing nothing. In the Switzerland case, Malami appointed Oladipo Okpeseyi, a senior advocate, and Temitope Isaac Adebayo in 2016 apparently to replicate the job already done. Incidentally, Okpeseyi and Adebayo were lawyers to the

Congress for Progressive Change (CPC), the All Progressives Congress (APC) legacy party of which Malami was the legal adviser. He also proposed to use the same lawyers in the US case, but TheCable understands that the department of justice has consistently refused to entertain them, thereby stalling the return of the money to Nigeria. America has now promised to return the $500 million but without the involvement of the appointed intermediaries. The Nigerian Government has also undertaken to spend the money on social protection programmes. According to documents seen by TheCable, the DoJ initiated a legal action in November 2013 on the request of then attorney-general, Mohammed Bello Adoke, to confiscate assets worth $500 million traced to the Abacha family in France, Jersey and the UK. Although the funds were not in the US, they fell foul of America’s money laundering laws having passed through the country in one form or the other. Following a civil forfeiture complaint, the DoJ froze $280 million of Abacha Loot in Jersey, $140 million in France and $40 million in England. Under US rules, any claimants to the asset were required to file a claim not later than 35 days after direct notice was sent to them or 60 days after the publication of notice. Neither Mohammed Abacha, son of the late dictator, nor his companies filed any such complaint within the period until it expired. Adoke had instituted a criminal case against the Abachas in Nigeria which eventually forced the family to enter into a settlement with the federal government to return the looted funds. On June 2, 2014, the DoJ requested the US district court for the District of Columbia to enter into a default judgment against

Codeine Crisis: NAFDAC Shuts Emzor, Bioraj, Peace Standard Pharmaceuticals Martins Ifijeh The National Agency for Food and Drug Administration and Control (NAFDAC) has shut down Emzor Pharmaceuticals, Bioraj Pharmaceuticals and Peace Standard Pharmaceuticals for their alleged roles in the distribution of Codeine syrups in black market. Stating this in a statement made available to THISDAY last night, and signed by the Director General of the agency, Prof. Mojisola Adeyeye, the regulatory body said the decision to shut the three pharmaceutical firms was due to insufficient evidence gathered from them and their apparent resistance to provide needed documents during its inspection at the respective companies in Ilorin and Lagos. Adeyeye said: “It has become necessary to shut down all product lines of the three companies so as to allow for a full and comprehensive investigation. “The companies therefore remain closed. The reopening of the manufacturing companies

will depend on the level of cooperation that is shown during the comprehensive investigation.” The DG said the genesis of the shutting down of the companies started after she had a meeting with technical directors of NAFDAC on how to strengthen the weakness in the control of the manufacturing and distribution of codeine-containing medicines as demonstrated in the recently released BBC documentary. The DG noted that the stakeholders involved in the production and regulation of codeine containing products should hold a meeting as quickly as possible. The stakeholders, according to her include Pharmaceutical Manufacturers Group of Manufacturers Association of Nigeria (PMG- MAN), Pharmacists Council of Nigeria (PCN). Pharmaceutical Society of Nigeria (PSN), NAFDAC, National Drug Law Enforcement Agency (NDLEA) and Association of Community Pharmacists of Nigeria (ACPN).

the Abachas in the suit, United States of America v. All Assets Held in Account Number 80020796 in the Name of Doraville Properties Corporation at Deutsche Bank International Limited in Jersey, Channel Islands and All Interest, Benefits of Assets Traceable Thereto. However, some lawyers appeared on the scene claiming to have been engaged by Nigeria to handle the recovery of the funds. They showed a letter of authority signed by Akin Olujinmi, Nigeria’s attorney-general between 2003 and 2005 — even though the Nigerian Government had engaged Enrico Monfrini, a Swiss lawyer, to do the same job in 1999. The lawyers — Jude Chukwuma Ezeala, Kenneth A. Nnaka, Godson Nnaka and Charles Lion Agwumezie — were also said not to have done anything in 10 years since Olujinmi authorised them.

Their involvement was opposed by Adoke, who wrote a letter dated May 26, 2014, to the Asset Forfeiture Money Laundering Section, Criminal Division, US DoJ, to state that the lawyers were not authorised. Thereafter, specifically on June 27, 2014, the DoJ requested that US district court for the District of Columbia to strike out the complaint filed by the four lawyers. As a result, the DoJ got a motion in the US district court for DC on July 3, 2014 — finally allowing for the recovery of the funds. In all, well over $1 billion was traced to Abacha in the UK, Luxembourg and Liechtenstein as at 2012 when Jonathan was the president. The $321 million recovered from Luxembourg in 2014 under President Jonathan was domiciled with the attorney-

general of Switzerland pending the signing of an MoU to avoid the mismanagement associated with previous recoveries. Pio Wennubst, Assistant Director-General and head, Global Cooperation Department, Swiss Agency for Development and Cooperation, told the News Agency of Nigeria (NAN) recently that the money was returned to Nigeria with a $1.5 million interest, bringing it to a total of $322.5 million. TheCable reported Malami’s attempt to pay lawyers for the deal, prompting a parliamentary inquiry. The House of Representatives has set up a probe panel to investigate the suspected sleaze. The recovery was done by Enrico Monfrini, a Swiss lawyer, who vehemently denied syndicated media articles

that he was asking for another 20 per cent of the recovered funds for the final leg of the restitution to Nigeria. In an email to TheCable, however, Monfrini had explained that there is no truth in the allegation. “I never had the audacity to claim for additional fees. This figure of 20% is simply invented. I didn’t reject any proposal made by Mr. Malami since my fees were already paid a long time before Mr. Malami’s appointment as attorney general,” he said, adding that “any allegations against that would just be a lie.” “The repatriation of the $321 million was not completed by me. It’s a matter which is normally dealt between governments and which doesn’t entail the engagement of lawyers.” Malami does not respond to calls or text messages from TheCable.

DEVELOPMENT PARTNER

Vice President Yemi Osinbajo (left), with British High Commissioner to Nigeria , Mr. Paul Arkwright, at the Open Government week held at the NFA Conference Centre in Abuja.....yesterday Godwin Omoigui.

Marafa: Yari Working with Others to Sabotage Buhari’s Re-election Says no ward congress held in Zamfara Tobi Soniyi Zamfara State Governor, Alhajji Adul’azizi Yari, is working with some other members of the All Progressives Congress (APC) to sabotage the re-election bid of President Muhammadu Buhari, the senator representing Zamfara Central in the National Assembly, Garba Marafa, has alleged. Speaking with THISDAY on the phone, Marafa said contrary to the claim by Yari, no ward congress of the APC held in Zamfara last weekend. He said the governor wanted a congress by affirmation because he did not have enough support to go for election but the people objected. He accused the governor of planting land mines that would truncate Buhari’s ambition because the governor himself has intention to run for the office of president.

Marafa described Yari as “one of the fifth columnists within the party.” He said: “There was no congress in Zamfara because the guidelines said you either do consensus or you do election. There was no consensus. There was no election in Zamfara last Saturday, there was therefore no ward executive in the whole of Zamfara.” He blamed the illegality that took place in the state on the governor saying, he (the governor) does not have the majority and was afraid to go into election. Marafa said Yari disobeyed the president of the Federal Republic of Nigeria who has given instruction that congress should be by election. He said: ”There is a grand plan by some members of the party to frustrate the re-election of the president. The first thing they

came up with was extension of tenure. Funny enough, my governor, the governor of Zamfara State is one of the people that went to court to say that the extension was illegal and that we must go for elective congress. The question is, what has changed from that time and now? “Their plan now is that they would perpetuate this illegality, some people will go to court and the court will nullify the congresses after people have been elected based on that congresses. Such people would have their elections nullified.” He said the Local Government Congress Committee made the point very clear to all party members in the state that the congress would either be by election or affirmation. Marafa said when party members presented their payment slips to enable them collect accreditation forms that

would enable them vote, the committee chairman told them that there were not enough forms to go round. He said: “The chairman shouted that there is a problem. He said he did not have enough forms as he was only given 1,400 forms from the headquarters. And we need more than 4000 forms.” Marafa explained that the chairman asked that he be allowed to contact headquarters for directives. The senator said the guidelines required that each delegate returns the form to the committee 24 hours before election. Marafa said he demanded to see the members’ register with which the committee would conduct the election only to be told that there was no such register.

Cont’d on page 45

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COMMENT

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

UNDERAGEVOTING IN KANO (1)

The Independent National Electoral Commission should not be blamed for the crime, writes Mahmood Yakubu

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ollowing the Kano State Local Government election held on February 10, 2018, there were several reports in the media, particularly the social media, alleging that underage persons voted in the election. Both explicit and implicit in some of these reports was the suggestion that since the National Register of Voters compiled by INEC was used in the election, the alleged problem of underage voting in the Kano Local Government election is linked to a prevalence of underage registrants in the National Register of Voters. I must note that till date, not a single formal complaint on this matter has been received by the commission. Rather, some stakeholders, including a political party, have taken to the media to criticise INEC and in some cases to impugn the integrity of the National Register of Voters. Concerned that some of the claims being made about the register could create doubts in the minds of citizens about INEC’s preparations for the forthcoming general elections, the commission on February 21, 2018 set up an investigation panel into the allegations that underage persons voted in the Kano State Local Government election, using the register of voters given to the Kano State Independent Electoral Commission (KANSIEC) by INEC, as prescribed by law. For the avoidance of doubt, let me emphasise first, that INEC was not in any way involved in organising the Kano State Local Government election beyond the legal requirement that the register of voters compiled by INEC should be used in all local government elections nationwide. The conduct of that election was entirely the responsibility of KANSIEC. Secondly, let me also emphasise that the investigative committee was not established to inquire into the general conduct of the Kano State Local Government election or to inquire into the organisation or challenges of KANSIEC. Indeed, INEC has no legal remit to do so. Rather, as the terms of reference of the committee show, its role was strictly to inquire into claims linking the register of voters compiled by INEC and the alleged incidents of underage voting in the election. The investigative committee had national commissioner, Mr. Abubakar Nahuche as chairman, May Agbamuche-Mbu also a national commissioner; two resident electoral commissioners (Mr. Mike Igini and Mr.Kassim Geidam) as well as some directors and staff of the commission, who are experts in ICT, as members. It has since submitted its report. The commission has carefully considered the report and accepted its findings and recommendations. Based on its terms of reference, there are four key points in the findings and recommendations of the committee, which may be summarised as follows: One, Kano State Independent Electoral Commission requested for and received from INEC the Kano State Register of Voters for the election. The register was produced for use for the elections. However, the register was only sighted in a few polling units. In other words, the register was not used in most of the polling units. In fact, accreditation using the Permanent Voter’s Card (PVC) largely did not take place. Two, given that the register was substantially not used to accredit voters before voting, it is logical to conclude that if underage voting occurred in the election, it was not due to any presence of underage registrants on the register of voters. However, after examining some of the images in circulation, the committee found that they have been available long before

THERE IS NEED AND AMPLE ROOM FOR COLLABORATION BETWEEN INEC AND ALL STAKEHOLDERS TO CONTINUE TO UPDATE AND IMPROVE THE NATIONAL REGISTER OF VOTERS TO ELIMINATE ALL INELIGIBLE REGISTRANTS FROM IT, INCLUDING DEAD PERSONS, ALIENS AND UNDERAGE REGISTRANTS.

the Kano Local Government Elections. The few images and video clips from Kano show no accreditation of voters or any relationship with the register of voters. Three, there is need and ample room for collaboration between INEC and all stakeholders to continue to update and improve the National Register of Voters to eliminate all ineligible registrants from it, including dead persons, aliens and underage registrants. Four, INEC should work with the State Independent Electoral Commissions (SIECs) to ensure continuous improvements in the quality of all elections conducted in Nigeria. Since the central interest of the commission and Nigerians in this remains the National Register of Voters because it is the bedrock of the 2019 general elections, let me share with you a few facts about the current register of voters. Essentially, the present register of voters is the one compiled by the last commission in 2011. Recall that before 2011, the register of voters was full of errors including strange entries like Mike Tyson, incorrect entries and misplaced records. Although the pre-2011 register was supposed to contain the fingerprints of registrants, the last commission found that most of the fingerprints were missing or of very poor quality. Also, there were integration issues and a lot of data were lost because they were collected using incompatible platforms. In addition, there were multiple registrations, as there was minimal attempt to remove multiple entries from the register. These were some of the problems that the last commission tried to solve by embarking on fresh registration of voters in 2011. Since the 2011 general elections, the commission has been updating this register in accordance with the law along three lines: addition of new registrants from the Continuous Voter Registration (CVR); more stringent running of the Automated Fingerprint Identification System (AFIS) to identify multiple registrants and remove them; and updating incomplete records such as entries with incomplete fingerprints and wrongly spelt names, among others. These became particularly important with the introduction of the PVC and Smart Card Reader (SCR). For this reason, records without fingerprints had to be updated, otherwise, the concerned voters will not be able to vote using the PVC and SCR. As a result of these updates and clean-up, a final register of 68,833,476 was used for the 2015 general elections. Consequently, this commission believes that it inherited a register that: meets a high standard of biometric registration. In fact, many other countries have subsequently learnt from INEC in handling their own registers. For instance, during the recent Presidential election in Liberia, the country’s National Electoral Commission (NEC), through the United Nations, the Economic Community of West African States (ECOWAS) and the ECOWAS Network of Electoral Commissions (ECONEC), which I currently chair, requested the services of INEC staff to sort out issues with their register. Their work has been highly commended by these organisations and the diplomatic community for contributing to the success of the Liberian election. Prof Yakubu is the Chairman, Independent National Electoral Commission.

THE DANGER OF NOT KNOWING (2) Godwin Etakibuebu argues that the best test of leadership is knowledge

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e laid the foundation of this topic earlier with the Holy Bible’s counsel on the need for acquisition of knowledge [Hosea 6:4 and Isaiah 5:13], saying that people without knowledge shall perish. In evaluating the position of our own President Muhammadu Buhari vis-Ă -vis “the danger of not knowingâ€? last week, l mentioned two events. The first being the president’s statement in London on Wednesday, April 11, 2018, while meeting the Archbishop of Canterbury, Justin Welby, where he exonerated Nigerian’s Fulani herdsmen from the killing of thousands of Nigerians across the country, but mostly in Benue, Plateau, Taraba, Adamawa, Edo, Delta and Enugu States. He instead blamed the late Libya leader, Muammar Gaddafi, as responsible for the killings taking place in Nigeria. We concluded last week that blaming Gaddafi seven years after the man died for what is taking place in present-day Nigeria is evidence of “not knowingâ€?, total “lack of knowledgeâ€? or “glorification of ignoranceâ€? on the subject matter. The second being President Buhari’s admission in Makurdi, the capital of Benue State, on Monday, March 12, 2018, that he did not know

that the Inspector-General of Police did not carry out the order he [president] gave to him [IGP] on January 9, 2018, to relocate to Benue State and remain there till solution to the genocide taking place there was settled. This genuine revelation of “not knowing� by the president is more embarrassing. The president gave the order and went to bed, or so it seemed, or worse still, he did not monitor his IGP on how effectively he was complying with the order he gave to him. Meanwhile, the IGP, maybe, knowing full well that his Commander-in-Chief lacked the instrumentality of monitoring him or believing that the C-in-C did not mean the order to be carried out, went to Benue State, spent a night and left for neighbouring Nasarawa State. Though the president might have admitted “not knowing� with a level of sincerity, that does not remove from the shocking embarrassment of having a leader who is “lacking� in knowledge. Let us come to synergise the relationship of both episodes of “not knowing� or “lack of knowledge� displayed by our president in above captured scenario and use them to evaluate the danger such portends to the citizenry. Let us start with his claim that Muammar Gadaffi was responsible for invasion of Nigeria by the killer herdsmen.

Yes, it is embarrassing because the president had earlier admitted at home that the herdsmen and those being killed “are brothers� when he received in audience delegates from Benue State at the Presidential Villa in Abuja. His Minister for Defence inadvertently admitted that the killer-herdsmen are Nigerians when he said that “the immediate cause of recent killing was the blockage of the herdsmen route for grazing�. The Inspector-General of Police collaborated this when he said that the “immediate cause for the killing was the anti-grazing laws of some states�. He was obviously referring to Benue and Taraba States’ anti-grazing laws. The Miyetti Allah Cattle Breeders Association of Nigeria [MACBAN] admitted that the herdsmen are Nigerians. It [MACBAN] threatened during a World Press Conference in Abuja that “we will not obey the anti-grazing law of Benue State� when the latter’s State House of Assembly enacted that law, adding that it would “go to war�. It is for these reasons and many others that the president’s claim that the late Gaddafi was behind the killing of Nigerians, killings co-ordinately carried out by a well-organised and sophisticatedly-armed herdsmen, shall remain mockery of knowledge. The second admission of the president of “not knowing� what his IGP did with his order,

ordinarily ought to attract sympathy for the president, for some reasons. First among these reasons was the fact that he genuinely told us what happened. Another reason for sympathy should be by considering the president’s age and his fragile health; mostly of recent times. We can count thousand reasons why the president needs to be “judged mercifully� on this admission. Yet however way we look at this issue, our collective tomorrow as a people is at stake, the liberty of unborn generations is being compromised and endangered as long as we have a leader who does not know for whatever reason. So, as we draw the curtain, we need to do a thorough soul-searching or embark on proper voyage of discovery on what we actually want to do with ourselves, what future we are chatting, what judgment is posterity preparing for us for having seen, but lacking the audacity to do the right thing. If we have a leader that “does not know� and is not willing to know, for whatever reason or reasons, and if this person is unfortunately surrounded by “unknowing� sycophants; such a leader definitely would be lost at the end, but not without consigning his people to perpetual and permanent peril, penury and annihilation. Etakibuebu, a veteran Journalist, wrote from Lagos

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T H I S D AY TUESDAY, MAY 8, 2018

EDITORIAL THE SENATOR MELAYE RECALL FIASCO Only the voters can decide the fate of Dino Melaye

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he failed attempt last week to recall Dino Melaye, the loud and controversial senator representing Kogi West, suggests something very troubling. Nearly a year after it was initiated the attempt floundered, thanks to the will of the people. But the exercise which, according to the Independent National Electoral Commission (INEC) cost about a N100 million leaves several questions that the authorities must unravel in the interest of our democracy. The whole issue started when a member of the All Progressives Congress (APC), Mr. Cornelius Olowo, led a delegation from Kogi West ferrying seven bags of signatures and petitions to the INEC headquarters in Abuja, insisting that Melaye’s constituents were unsatisfied with the quality of his representation. “We want Senator Melaye back because of poor representation; he is not accessible to us, he is unreachable and has no constituency projects. There is a major gap between the senator and the people he claims to represent,” Olowo said. Meanwhile, THE OUTCOME OF THE Section 14 (2) of the PROCESS HAS SHOWN 1999 Constitution (as THAT THE ULTIMATE amended) approves POWER TO DISCIPLINE of Olowo’s mission ANY WAYWARD as sovereignty lies LEGISLATOR RESTS WITH with the electorate. THE PEOPLE They have the right to recall a legislator who is deemed to be underperforming or working against the interest of the people. But there is a process to follow. After Melaye had exhausted all legal means to prevent the exercise, INEC which is empowered to supervise the recall process, conducted the verification of signatures last week and concluded that what Olowo’s delegation brought to the commission were bags of lies. Only 18,742, a mere 5.34 per cent of the total number of registered voters in the senatorial district,

Letters to the Editor

were confirmed to be authentic thus failing the crucial requirement of the law which demands a simple majority of the signatures of voters registered before moving to the final stage of a referendum. Indeed, many of the registered voters reportedly were unaware of the verification exercise itself as they went about their daily routine. The register of the petitioners is said to have been puffed up with ghost names, or even worse, names of the dead. Evidently relieved, Melaye who is battling with the police whose men practically still hold him hostage, thanked members of his constituency for staying away from an obviously manipulated exercise. “Thank you for the confidence reposed on me. Every lie has an expiry date. Forces of evil will never triumph over forces of light,” he said.

T T H I S DAY EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOLAJI ADEBIYI, JOSEPH USHIGIALE MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS PETER IWEGBU, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

he failed recall of Senator Melaye was simply dirty politics at work and the overriding motive is power. The subtext is Melaye’s feuding relationship with the sitting Governor Yahaya Bello, said to be desperate to get the garrulous senator out of the way by any means. But in dispiriting times such as these, stupendous amount of money was reportedly expended in the exercise by a state where civil servants easily take to suicide, mainly due to backlog of salaries owed them. Even though the government has denied the allegations, the outcome of the process has shown that the ultimate power to discipline any wayward legislator rests with the people. By refraining to rubber-stamp the orchestrated recall petitions, the people of Kogi West have made it clear to all: there is only one way to recall Melaye, and that decision lies with them. But it is also important that this kind of falsehood, which the Melaye recall is all about, is not repeated. The logistics of the exercise did not only cost INEC and by extension the tax payers so much time and money, forgery is a serious crime. That is why those who perpetrated the crime must be fished out and made to face the full wrath of the law.

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

UNCLAIMED PVCS AND POLITICAL APATHY

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niversally, democracy is referred to as the government of the people by the people and for the people to emphasise that it is the people that give impetus to democracy. In essence, democracy cannot exist without the people. It is the people that set democracy in motion. It is the people that act as the oil that galvanises the wheel of democracy. Therefore, democracy cannot thrive where people display an indifferent attitude towards the political process. The revelation that there are about 1.4 million unclaimed Permanent Voter Cards (PVCs) in Lagos State should undoubtedly get every enthusiast of democratic governance in the state and, indeed, the country concerned. According to reports, Lagos State has the highest number of unclaimed permanent voter cards in the country. According to a latest Independent National Electoral Commission, (INEC) statistics, Lagos has the highest number of (1,401,390) unclaimed PVC followed by Oyo with 647,586 and Edo which had 449,001, while Kano has 195,941. A further breakdown shows that Bauchi State has the least number of uncollected PVCs, with 15,542, followed by Bayelsa and Plateau which have 28,533 and 25,300 PVCs respectively. A 2012 INEC data aptly captures the sad trend in the nation’s political process. According to the statistics, only about 35% of the over 70 million who registered to vote in the 2011 general elections really participated in voting. This

implies that over 65% of registered voters did not partake in the process. This is not good enough as it has grievous implications on the prospect of democracy in the country. For one, it ensures that leaders who attain political power via the votes of the minority rule over the majority. Second, it casts serious aspersion on the kind of democracy we practice. Also, it makes it hypocritical for those who did not turn out to vote to criticise those who were elected through the same process that they shunned. As it is often said, ‘you cannot eat your cake and have it’. A lot of arguments have been put forward in defence of those who shun the political process. One of such is that votes don’t usually count in our country. This is anchored on the notion that the outcome of elections is often pre-determined. There is, thus, a conviction that the electoral process is a sham. Similarly, many consider the political class undeserving of their votes because of their perceived insincerity to electoral promises. Another factor is what has been termed as the failure of political parties to embrace internal democracy as evidenced in alleged imposition of candidates and other such undemocratic tendencies. However, irrespective of the genuineness of the argument, it is not enough for anyone to ignore the electoral process. In any case, when the majority refuse to participate in voting, that does not in any way invalidate the outcome of elections. Sadly, we all suffer the consequences of staying aloof when the wrong people get into power. Active involvement in the political process signifies that everyone is a critical stakeholder,

having the best interest of the country at heart. It is a practical demonstration of being a responsible citizen. It is, therefore, important that those with the unclaimed PVCs make concerted efforts to collect them at the designated points as directed by INEC. The worth of the PVC in the current political process cannot be over emphasised. For one, it offers the electorate the right to have a say in deciding those who would rule over them. Possession of this all important item, thus, puts an enormous responsibility on the electorate. It places the destiny of the state right in their hands. It is such an enormous responsibility that must be carried out with every sense of honour, dignity and patriotism. It is a sacred task that must be performed with utmost diligence and patriotism. This is because any slipshod choice that is made in the coming polls could portend great danger to the lives of generations yet unborn. It could jeopardise the future of the country. The destiny of this nation and that of future generations of Nigerians lies in the hands of the electorate. Whichever path the country would follow in the coming years would thus be a clear manifestation of the kind of choice the electorate makes. For our hues and cries over bad governance and poor leadership, we won’t be able to actually absolve ourselves of complicity if we disregard our civic duties. Unlike other forms of government, the beauty of democracy lies in the ability of the people to have a say in the choice of those who preside over the apparatus of governance. Tayo Ogunbiyi, Lagos State Ministry of Information & Strategy, Alausa, Ikeja

T H I S D AY ˾ TUESDAY, MAY 8, 2018

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POLITICS

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

EXECUTIVE BRIEFING

APC on a Familiar Path Asking governors to cough out N250m each to support the All Progressives Congress has further exposed the party that promised change as one that is insensitive to workers’ plight, writes Davidson Iriekpen

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he All Progressives Congress (APC) spent the better part of last week denying a report that it asked the 24 governors elected on its platform to contribute N6 billion. The story by an online medium, said 24 governors are to contribute N250 million each towards the paty’s congresses and national convention. But the party’s National Publicity Secretary, Malam Bolaji Abdullahi, in a statement, described the story as misleading. He explained that governors who were not up to date in payments were requested to pay up, especially in view of upcoming party activities. Abdullahi said it was, therefore, possible that a governor that fell in the category of those that had not paid since inception could owe up to N250 million, noting that it was, therefore, grossly misleading, if not downright malicious, for a report to simply apply this sum to everyone and multiply by the number of governors. “The APC denies the story and wishes to state that the story is misleading and has misrepresented our party. We, therefore, wish to make the following clarification. At the meeting of the National Working Committee (NWC) and the governors of the party held at the party secretariat on April 26, it was pointed out that many of the governors had fallen behind in the payment of their party dues. “While some of the governors have been up to date with the payments, a few others have not paid at all. For the avoidance of doubts, party dues are paid by all members of the party holding positions, either by election or appointment. Therefore, members of the National Assembly as well as cabinet ministers also remit a percentage of their earnings to the party. It is, therefore, false to say governors are expected to pay up with state money,” the APC spokesman said. Since the news broke last week, many observers have been condemning it, especially against the backdrop of the fact that 23 out of the 24 governors are having issues meeting their obligation to their workers. A recent study on the financial positions of states showed that only six out of the 36 states in the country are viable. Apart from Lagos State, many of the governors are owing salaries or pensions or both for extended periods ranging between four months and several years. These states remained largely unable to meet their obligations despite the bailout extended to them by President Muhammadu Buhari. The president also released about N1.9 trillion to them as part of the Paris Club refund windfall. Going by the party’s response, analysts are wondering how much elected officials and political appointees are expected to contribute to the party on monthly basis. For instance, in April 2017, when Governor Nasir el-Rufai of Kaduna State published his net monthly salary (after tax and other deductions), it was N470,521.74. They reasoned that going by the gross monthly pay which is N555,926.25, there is no way any defaulting governor would have accumulated a debt of N250million in party dues. They also wondered how come all governors are to pay the same sum of N250m? Besides, they wondered if APC could ask governors for such a whopping sum, how is it different from the Peoples Democratic Party (PDP) whose members it is currently prosecuting for receiving funds released to them for electioneering. As soon as President Muhammadu Buhari assumed power in 2015, PDP members such as its former spokesman, Olisa Metuh, former Minister of State for the Federal Capital Territory (FCT), Ms. Jumoke Akinjide, Dele Belgore (SAN) and former Minister of National Planning, Prof.

APC Chairman, Chief John Odigie-Oyegun

Abubakar Suleiman, Femi Fani-Kayode and many others were arraigned in courts over campaign funds. This is why in an article titled: ‘Dangers of using state funds for APC congresses’, punished in the Punch, Jide Ojo, expressed reservation over the party’s action. He said: “Truth be told, the APC is being clever by half. Though the governors are supposed to pay personal membership dues and donate a percentage of their earnings for the running of the party, in practice, what they simply do is to use the state funds to make the payment. “Using state funds to support political party activities is illegal, unconstitutional and an abuse of state and administrative resources. It is also unethical.” According to him, as of February, 23 out of the 24 governors were enmeshed in one salary row or the other, according to the Trade Union Congress. Only Lagos State has continued to meet its obligations to workers and pensioners. Many of the governors owe salaries or pensions or both for extended periods that range between four months and above. It therefore constitutes a moral burden to be owing workers’ salaries

If APC could ask governors for such a whopping sum, how is it different from the Peoples Democratic Party (PDP) whose members it is currently prosecuting for receiving funds released to them for electioneering

and find it convenient to give a princely sum of N250m to your party from the state purse. The only reason the APC governors will not run foul of law is if the monies are paid from their personal account and not the state coffers. He said “Another serious issue this donation to the party raises is the potential unsparing influence the governors will wield on the process and outcome of the planned congresses and convention. If they are expected to donate such huge sums of money for party activities, you can rest assured that they will do everything humanly possible to ensure that their preferred candidates for the various elective positions emerged victorious at the forthcoming party elections. They will spare no expenses to bankroll their choice candidates to be elected into the new party executives at the various levels. This is how party structures are hijacked by the governors ahead of the general elections. It is simply antithetical to the promotion of internal party democracy. “If the governors are not paying their membership dues and had to be asked to pay lump sum ahead of major party activities, it shows that they are not loyal and faithful party men. This indicates that they are not good leaders. I know for a fact that the major challenge of political party administration in Nigeria is lack of financial commitments by members to their parties. This is what usually paves way for party hijack by few moneybags who make huge financial donations to the party in order to curry favours. “This N250m levy on the APC governors does not look good on a party whose mantra is change! It is a negative trend that should not be encouraged because of the dangerous implications it has on democratic consolidation. “Political parties have a wide range of legal and legitimate ways to raise fund. Apart from membership dues, there are also opportunities for political parties to charge Expression of Interest and nomination fees, receive donations from wholesome sources, profits on investment as well as take loans to fund their activities. “A level-playing field is needful in the conduct of party elections be it congresses, conventions or primaries. Encouraging big donations from a few individuals is an indirect way of promoting

godfather politics and party capture. This is a negation of sound democratic practices.” The opposition PDP on its part, in a statement accused the APC of diverting funds meant for the development of states under its control to finance the ruling party’s forthcoming national convention, vowing that it would probe the action and ensure rule of law if voted into power. The party, in two separate statements signed by its spokesman, Kola Ologbodiyan. asked the APC to stop lying to Nigerians. It alleged the money was being pulled from funds derived from federal bailouts and other monies budgeted for critical development projects in various communities, many of which have now been stalled. It claims that the people whom the money was meant for had been deprived and impoverished. “The APC is corrupt. Our investigation revealed that many of the APC governors are being coerced under the orders of the Presidency and the leadership of the party to move in huge sums of money in cash into the APC coffers, the bulk of which has already been frittered away by corrupt leaders in the party and agents of the Presidency. “It is appalling that this is the same party and administration that have been accusing others of corruption and publishing fabricated ‘looters’ lists’ just to deceive Nigerians and divert public attention from their sleazes. We challenge the APC to publish the names of the governors, ministers and other APC political office holders, who have already brought in money as well as inform the nation on why they are moving the money in cash contrary to financial regulations, if the source is not proceeds of corrupt activities. “APC and President Buhari have refused to open up on the source of funds for their very expensive 2015 presidential campaign. This time, they are again coercing governors to steal money meant for development and payment of salaries to finance their 2019 campaign, What many Nigerians are yet to know is that the APC actually plans to rake in a total of N14 billion from government coffers, out of which it has already planned to procure expensive cars for their national officers as well as share to their leaders close to President Buhari,” Ologbodiyan said. Also, former Edo State Commissioner for Information, Mr Kassim Afegbua, condemned the directive to pay a whopping N250 million per state for the purpose of conducting congresses, saying that it should be discarded forthwith in order to save the party the orgy of ridicule and condemnation. He said there was no justification for the APC to direct its governors to contribute such a humongous amount of money towards its convention in an era when it thought it had dealt a serious blow on PDP’s indecent past “How on earth, will APC as a party, leading an anti-corruption government, derive the courage to look in the faces of her elected governors and direct them to go and steal from their states? The import of that directive was a direct way of telling them to go and dip hands into the coffers of the state, and scoop out N250 million each. Yet, this is a government and party that only recently accused PDP of being a party of looters. Where is the justification? “I have argued elsewhere that all politicians are the same wherever they inhabit or whichever political party they find themselves. They speak from both sides of their mouths. The ideal of morality is just a lip service. “No testimonial of decency. No scintilla of morality to justify the heist that was to be committed should this directive go unnoticed or unreported. In an era when the APC thought it had dealt a serious blow on PDP’s indecent past, it ended up opening up its own dirty linen in such whimsical strokes to deny itself of that moral badge of courage.”

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T H I S D AY ˾ TUESDAY, MAY 8, 2018

POLITICS

INEC: Media Critical to Success of 2019 Elections It is in the interest of the media to heed the call by the Chairman of the Independent National Electoral Commission, Prof Mahmood Yakubu to get involved in the next general election, Shola Oyeyipo writes

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ith the exception of 1993 and 2015, Nigeria has had a very long history of badly or poorly conducted elections. One of the consequences has been that not many Nigerians are enthused about participating in elections because of lack of trust in the process. As 2019 inches closer, the new leadership of the Independent National Electoral Commission (INEC) under Prof Mahmood Yakubu, has not only reassured Nigerians that the electoral umpire is perfectly ready for all the elections ahead of it, it has vowed to make the next general election the best in the history of Nigeria. Mahmood, in a keynote address during the 69th General Assembly of the Broadcasting Organisation of Nigeria (BON), held at the Lagos Oriental Hotel, Victoria Island, Lagos last week, said the cooperation of the media was needed to make the 2019 general election the best. He noted that the media would play a very crucial role in the success of the 2019 general election. Judging from the build up to the election and the interest of Nigerians in seeing that the electoral process is free, fair and credible, Yakubu envisioned that the 2019 election would be the most media focused. The more reason he is seeking the cooperation of all segments of the media to make the next general election is a success. He called on the media a to observe and uphold the provisions of the constitution in discharging its duties. “We are determined to make the 2019 general elections our best election ever. But we cannot do it alone. We need the full support of all stakeholders. It is our hope that we can continue to count on the support of BON in particular and the media in general. Only by working together can we continue to deepen our democracy,” he said. Against this background, he urged the Nigerian media, which he said had played positive and significant roles in the country’s democratic evolution to adhere strictly to its constitutional roles, ahead of the 2019 election. He said: “It is possible that the 2019 general elections would be one of the most intense media-focused events in our political history. Stakeholders are likely to rely heavily on broadcast media, as well as on the new social media. “For this reason, combating hate speech, fake news and other forms of reporting likely to inflame passion and trigger crisis will be of critical importance to the peaceful conduct of the elections.” According to him, credible information capable of enlightening the citizenry and prompting more participation in the electoral process is a vital role of the media that add up to the credibility of an election. He advised journalists to carry out their responsibilities in accordance with Chapter 2 pecisely Section 22 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which stipulates the obligations of the mass media. He said: “Election is credible not just because of the ability of Election Management Bodies (EMB) to ensure that voters have the requisite information about the process and exercise their rights to choose whom they want; credibility is also judged by the participatory process in which voters have adequate information of policies, programmes, political parties and their candidates, and the entire electoral process, including the level of public debate and quality of information that informed the choices of the electorate.” Mahmood therefore urged the media to partner with the commission in providing information on its plans for the election, stressing that the planning process for the 2019 general election have been concluded with the 2017-2021 Strategic Plan and Programme of Action, the Election Project Plan and the formation of the Election Monitoring and Support Centre.

INEC Chairman, Prof. Mahmood Yakubu

He said: “Other critical planning processes towards the election are the Continuous Voter Registration (CVR), as well as the collection of the Permanent Voter Cards (PVCs). These plans need to be popularised to raise awareness and promote voter participation and engagement in the electoral process. “It is also of significance that the media focuses on ensuring professionalism, accuracy of reports and impartiality. Given the nature of political contests in our country, inaccurate or biased reports could endanger peace, leading to violence before, during or after elections”, he added. He listed eight important areas he would want the media to assist the commission to include educating voters on how to exercise their democratic rights. They are: impartial reporting on election campaigns, providing a platform for political parties and candidates to communicate their messages to the electorate and providing a platform for public feedback, concerns, opinions and needs to political parties

Given the nature of political contests in our country, inaccurate or biased reports could endanger peace, leading to violence before, during or after elections

and candidates, the Election Management Bodies (EMBs), government and other electoral stakeholders, thus facilitating interactions on governance issues. Other areas are; allowing political parties and candidates to debate with each other, reporting results and monitoring vote counting, scrutinising the electoral process itself, including electoral management, in order to evaluate the fairness of the process, its efficiency and its probity and providing information in manner devoid of inflammatory language, and helping to prevent election-related violence. In a rundown of the recent efforts of the commission, he said INEC had conducted five general elections since 1999 and the 2015 election had so far been adjudged as the best of them all. “Since then, we have conducted elections into 179 constituencies in addition to the recent verification of petitioners’ signatures for the recall of a member of the National Assembly. Since January this year, we have conducted four (4) elections, majority of them by court order. We still have five (5) bye-elections into National and State Assembly constituencies to conduct, including four (4) vacancies that occurred in less than two (2) months (March-April 2018). “In addition, we have two (2) off-season Governorship elections in Ekiti and Osun States scheduled for July 14 and September 22, 2018 respectively,” he noted. Addressing the theme: ‘Hate Speech, the 2019 Elections, and the Nigerian Media,’ elder statesman and renowned diplomat, Dr. Christopher Kolade, who tagged hate speech as an indication of the absence of the values for which Nigerians are known, said if unchecked, it is injurious to the coming election. He said: “Using your emotion negatively means that that person has moved away from his or her proper identity. We need to address

the problem from its root. Its important for the broadcast industry to help us remember who we are and why we are here and why we are doing what we are doing.” Earlier in his welcome address, the Chairman, Broadcasting Organisation of Nigeria (BON), Mr. John Momoh, urged broadcasters to abide by the stipulated ethos of their profession. “In the social and political circumstances that we live in, the broadcaster should strive to be a medium of moderation, in such a way as to relay information with decorum, with logic of perspective, and to be dispassionate in news reporting. Last time I checked, our rules and codes of practice, break this down as balance, objectivity, or fairness. “Careful thought should now be given to how we create content, because without that, we could create reasons for discrimination, lack of understanding, misinformation, intolerance and conflict. He prescribed “Greater transparency and accountability,” which he said would come handy in the current climate of misinformation, political lies and widespread distrust. “Above all, the strength of the broadcaster’s case to ‘trust us, not them’ will lie in sharp, confident, fair reporting. That means journalism that is differentiated; journalism that breaks from the pack; one that is clearly in touch with public concerns and attitudes, and that which is confident in holding the power to account and calling out lies or spin.” Governor Akinwunmi Ambode of Lagos State, who was represented by his deputy, Mrs. Idiat Adebule, also called on the media to work according to the dictates of its profession by disseminating credible news at all time. He called for robust sensitisation to ensure that millions of PVC yet unclaimed were collected by their owners to increase participation in the coming elections.

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TUESDAY, MAY 8, 2018 Ëž T H I S D AY

FEATURES

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

How Cough Syrup in Nigeria is Creating a Generation of Addicts

Chiemelie Ezeobi writes on the ordeal of some Nigerians including children, who were illegally brought back by a Gabonese passenger vessel alongside deportees from other African countries

The merchant vessel arrested by the Nigerian Navy on Lagos waters

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hen Mrs. Esther Ike's husband bought valid tickets to board his wife and four kids on a Gabonese passenger/cargo vessel, MV CHIMBA EXPRESS, he had no inkling the fate that would befall them. Instead of being treated like paying passengers, they were lumped up with deportees from different countries, whom the vessel was chartered to illegally dump in Nigeria. So, for six long days, Ike and her four children were subjected to the worse treatment ever imagined onboard the vessel. Unlike when they left Nigeria to seek for greener pastures in Gabon, they returned with bitter tales. Meanwhile, the returnees have decried the ill treatment that was meted out to them by the government of Gabon throughout their stay in the West African country. Among the returnees were 40 Nigerian women and 10 children, who said they actually bought their valid ticket at Libreville, Gabon, with the intention of coming back home to visit their families and friends only to be lumped up with criminals who were being deported to their different countries for offense ranging from falsification of documents to robbery and drug trafficking. Narrating her ordeal, Esther Ike, who lamented being subjected to harsh treatment through the six days journey said, "I travelled to Gabon in 2008 to join my husband along with my eldest daughter,

Chisom. We reside in Libreville and my husband is a businessman. "He owns a shop in Libreville and deals

Among the returnees were 40 Nigerian women and 10 children, who said they actually bought their valid ticket at Libreville, Gabon, with the intention of coming back home to visit their families and friends only to be lumped up with criminals who were being deported to their different countries for offense ranging from falsiďŹ cation of documents to robbery and drug trafďŹ cking

in foot wears. I had my three other children in Gabon. The reason why my husband decided that we should come back home was that there is no good English school in Gabon. "Aside, the ones available do not write WAEC. Aside, the Gabonese immigration is not friendly with foreigners, particularly when it has to do with a Nigerian. I have seen cases where they would corner a foreign national, beat him up and dump him or her inside their cell, which can be described as a rat hole, before sending them back to their country in the most dehumanising nature. "This and other reasons were why we decided to relocate back to Nigeria. My husband bought us valid ticket to travel back to Nigeria. Each ticket cost 180,000 CEFA, about N100,000 and my husband bought three tickets. We were told that the ship will take us to Calabar from where we will join bus to my home town in Imo State, only for me to realise later that we were going to be dumped along some deportees without food nor water." Like Ike, like Joseph Emakpo, who hails from Warri, Delta State. Having lived in Gabon for 16 years, he decided to come back home because of the unfriendly conditions meted out to them by the Gabonese security agencies. He alleged that the security agents, particularly the Gabonese Immigration officers see Nigerians as hustlers who came to snatch the little business opportunities open to them.

He said: "I lost all I earned the 16 years I stayed in Libreville. I am a stylist and I owned a flourishing salon. Most high profile persons in town of Libreville come to my salon to make their hair. I lost it in one day when the Gabonese immigration came to raid my shop under the guise that they were looking for something they carted away with my properties and threw me behind bars for days. "When they could not find anything to hold me down with they set me free. When I came back my shop was gone with all my belongings. Yet not worried, I started off again by working as a stylist in a shop owned by a Gabonese. I decided to come back home when I suddenly discovered that the place holds no future for me. "I got the greatest shock of my life, when after buying my ticket when I discovered that the Gabonese immigration had forced the ship crew that the only reason they would allow them go was force them to carry about 18 deportees. You can imagine a situation where children would be kept alongside criminals." Tales of woe of deportees While admitting that they were actually deported from Gabon, some of the deportees however rejected the criminal tag labeled them. According to them, most of them were arrested because their documents had expired and not because of any crime, like the Gabonese authorities would want people to believe.

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FEATURES

Some of the returnees and deportees lumped together

One of the deportees, 29-year-old Adehun Sunday said he was arrested because his document had expired. Sunday, who said he hails from Igbokoda in Ondo State, said his document expired in 2013 and that since then he had been trying to renew his document without any success. He said: "The Nigerian Embassy in Gabon do not help matters also. They extort money from you any time you go to the embassy for renewal of international passport. I have lost everything I have worked for since I travelled to Gabon about 10 years ago. I will miss my children and my wife. They are not even aware that I have been deported." Another deportee, Andrew Sunday, who said he hails from Abia State, said he travelled to Gabon about 17 years ago, adding that he was not a criminal but a welder. He said: "I am a welder and not a criminal like the Gabonese Government would like to portray me. My international passport expired in January this year. I was arrested and kept behind bars for days before they finally decided to deport me." The intricacies The attempted dumping of deportees from other African countries in Nigeria by the Gabonese vessels certainly boggled the mind of security operatives. The 406 deportees onboard MV CHIMBA EXPRESS, were drawn from Mali, Niger, Benin, Nigeria and Togo. Although 18 were actually Nigerian deportees, the others, who were deported from different countries, were accused of offenses ranging from falsification of documents to robbery and drug trafficking. The intricacies of the mind boggling action by these Gabonese vessel was that the arrangement was to depart Gabon laden with cargo, regular and deportee passengers of Togo, Benin, Nigeria, Niger and Malian nationalities, and arrive Benin Republic to disembark both regular and deportee passengers from Benin, Togo, Mali and Niger, thereafter proceed to Calabar to disembark Nigerian deportees, regular passengers and their cargoes.

They however did not do this, rather, they brought all of them to Lagos bar and attempted to dump them there. The Navy's intervention When the vessel was intercepted, those onboard were already hungry as they had no food and water onboard. It took the intervention of the navy, who supplied provisions, foodstuffs, drinks and water to restore their already flagging spirits. The Commander, Nigerian Navy Ship (NNS) BEECROFT, Commodore Okon Eyo, whose men intercepted the said vessel on Lagos waters, revealed that it departed Libreville, Gabon, on April 20, 2018. He said, “MV CHIMBA EXPRESS is a cargo and passenger vessel that regularly traverses parts of West and Central Africa through countries such as Benin, Nigeria, Cameroon and Sao Tome and Principe among others. “The vessel departed Gabon laden with cargo, regular and deportee passengers of Togo, Benin, Nigeria, Niger and Malian nationalities. “The vessel was scheduled to arrive Benin to disembark both regular and deportee passengers from Benin, Togo, Mali and Niger, thereafter proceed to Calabar to disembark

The relevant agencies, Nigerian Navy, NIMASA, Immigration, Customs and DSS will be working together to unravel the motives behind the whole affair as well as deal with other associated issues

Commodore Eyo, Commander NNS BEECROFT

Nigerian deportees, regular passengers and their cargoes. “However, in a twist of the event, the vessel arrived Lagos bar on April 25. The vessel had about 406 persons on-board from Togo, Benin, Niger, Mali and Nigeria. The total number of Nigerians on-board and whether or not the vessel did berth in Benin is yet to be confirmed, but will be determined shortly and among the Nigerians are 18 deported returnees." Eyo said the charterer of the vessel identified as Mubashiu Lawal from Republic of Benin and some other agents, claimed that they had made contact with port control to get permission to come in, but nothing to that effect was seen by the navy. He added, “This was yet to be granted as at the time of their arrest and it was also gathered that the international passports of the passengers were with the agents who claimed to be processing them. “It was also obvious that there was no formal contact at governmental levels for the delivery of the deportees or returnees. However, there is unconfirmed report that the Nigerian Embassy in Libreville was aware of the deportation." The commander said efforts were made to

determine the history-trail of the vessel, using the Regional Maritime Awareness Capability (RMAC) which showed that it does not operate an active Automatic Identification System (AIS). “Additionally, the Maritime Mobile Service Identity (MMSI) obtained from the ships documents indicates that the vessel has no MMSI. However, when searched with the International Maritime Organisation number, the vessel’s identity was displayed as RAMADAN IV and classified as a passenger vessel registered in HONDURAS with a tonnage of about 677. This information about the class of the vessel and tonnage matched that of CHIMBA EXPRESS." Eyo who said that apart from the issue of unauthorised entry, which was the subject of investigation, the vessel was also in breach of absence of AIS. “MV CHIMBA EXPRESS’s gross tonnage is about 677 tonnes. The international law mandates vessel of more than 350 tonnages to install AIS on-board which shows it was operating in violation of the law. MV CHIMBA EXPRESS visual identity was also found to be mismatched with its registered name which was identified as RAMADAN IV. “The ship document also shows that the ship was flagged at Cameroon as against the electronic documentation of registration in HONDURAS which is contrary to the provision of the International Maritime Act,� he said. Eyo said it would be plausible to conclude that the vessel’s agenda was to dump the passengers in Nigeria, adding that it would have followed the original passage plan. He also said that relevant agencies were working together to unravel and deal with the issues. “To this end, the relevant agencies, Nigerian Navy, NIMASA, Immigration, Customs and DSS will be working together to unravel the motives behind the whole affair as well as deal with other associated issues."Eyo further aded that sufficient armed men were deployed onboard, not to shoot them (passengers), but to ensure their security and the ship itself, till investigation was over.

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Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×

Kwara State Governor, Dr Abdulfatah Ahmed (4th left), Chairman, Kwara State APC ward congress committee, Senator Mohammed Ohiare (4th right) and other members of the committee on a visit to the Governor at Governor’s lodge, Ilorin...recently

L-R: Director General, Nigeria Institute of Medical (NIM), Prof. Babatunde Lawal Salako; Member, Advisory Medical Renal Dialysis Centre, Mrs. Olayinka Osuntogun; Founder/CEO, Renal Dialysis Centre, Dr. John Olugbenga Okoh and Board Member, Prof. Rosamund Akuse, during the inaugural meeting of Medical Advisory Board of Renal Dialysis Centre, in LagosĂ–recently KOLA OLASUPO

R-L: Managing Director, Nigerian Port Authority (NPA), Mrs. Hadiza Bala Usman; Chairman, HDV Nigeria Limited, Otunba Olufemi Okenla; Guest Speaker, Mr. Abdulrahaman Lekki and the Convener, United Action for Change and National Legal Adviser, All Progressives Congress (APC), Dr. Muiz Banire, during the opening of a 3-dayYouths Leadership Training programme, with theme: The Role of Youth in Building a United Nigeria, at Digital Bridge Institute, Cappa Oshodi, Lagos......recently KOLA OLASUPO

All Progressives Congress members waiting to cast their votes at the party’s rescheduled ward congress, at Ward 4, AďŹ jio Local Government, Fiditi...recently

Representative of the Speaker , Rt. Hon. Yakubu Dogara & Special Adviser to the Speaker on Media & Publicity, Mr. Turaki Hassan (right ) receiving on behalf of the Speaker, an Award for Distinguished Friend of the Media from NUJ, President, Abdulwaheed Odusile (left ) at the 2018 Press Freedom Awards Night, organized by Nigeria Union of Journalist ( NUJ ) in Abuja...recently SPEAKERĂ?S MEDIA OFFICE.

R-L: Edo State Governor, Mr. Godwin Obaseki; Vice President, Policy, Bridge International Academy, Adesuwa Ifedi; Co-founder of the Academy, Dr. Shannon May; and Nigeria Director of Policy in the Academy, Ayodeji Okewumi, during the courtesy visit by a delegation from the Bridge International Academy, to the governor, at the Government House in Benin City...recently

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Quick Takes Adesina Proers Roadmap on Energy The need to promote the adoption of sustainable energy practices in sub-Saharan Africa was a key talking point by the Group Managing Director of Sahara Power Group, Mr. Kola Adesina at the Horasis Global Meeting in Cascais, Portugal on Saturday. Adesina who spearheads the operations of Sahara Power Group, one of the largest private power businesses in SSA, addressed a community of global delegates as one of eight other panelists to speak on ‘Creating Sustainable Energy Policies’. He highlighted the need for innovation, institutional support, good corporate governance, sustained public-private sector collaboration within the region and the participation of global partners, including developed economies and multilateral institutions. “Innovation is a long and painstaking process. Not only does it require great intellectual capital it needs due diligence and a strong institutional support system to flourish. Institutional support means that government policy and private sector corporate governance work in concert by creating and facilitating the right policies needed to proliferate sustainable energy across multiple sectors and borders,â€? said Adesina to journalists ahead of the conference.

France Urged to Deregulate Power Taris

FOUNDATION LAYING OF A TGMC BUILDING

L-R: A representative of German Ambassador to Nigeria, H.E. Dr. Bernhard Schlagheck, Mr. Christopher Wenzel, laying the foundation block of the Senate and Administrative Building of the Thompson and Grace Medical University in Uyo; Managing Director/CEO of Thompson and Grace Investment Ltd, promoters of the Medical University, Dr. Isaac Thompson Amos; Deputy Governor of Akwa Ibom State, Mr. Moses Ekpo, and Director of Project Management, OďŹƒce of Thompson and Grace Medical University, Dr. Emmanuel Umoh, during the foundation stone laying ceremony in Uyo, Akwa Ibom State‌recently

Seplat Petroleum to Drill Five New Wells in OMLs 4, 38, 41 Ejiofor Alike Exactly two years after it last drilled production wells in Oil Mining Leases (OMLs) 4, 38 and 41, Seplat Petroleum Development Company Plc, which is listed in both Nigerian and London Stock Exchanges, will drill five new wells in the three acreages in 2018, as part of the company’s efforts to sustain optimal production. Two oil production well recompletions in Ohaji South in OML 53 and one oil production well workover at Jisike and flow line installation, also in OML

ENERGY 53, are some of the wells to be drilled to enhance production growth in the plum assets. The company’s recently released interim management statement and interim financial results for the three months ended March 31, 2018, also showed that one gas production well and one gas well workover will also be drilled in the producing assets. To achieve its 2018 targets, which also include installation of Non -Associated Gas (NAG) booster compression, second condensate train at Oben and

upgrades to Sapele gas plant, the company has set its capital expenditure (Capex) at $100 million. The company maintained its strong quarterly financial performance with first quarter 2018 revenue of $181 million and gross profit $93 million, 51 per cent gross profit margin. Seplats’ Earnings Before Interests, Taxes, Depreciation and Amortisation (EBITDA) of $116 million was driven by higher total production and higher oil price realisation of $ 65.78 per barrel; average gas price $2.79/Mscf.

The company also recorded profit before tax of $59million, and net profit of $21million after a deferred tax charge of $24million. The results also showed that cash generated from operations was $46 million versus capex incurred of $3million. The Chief Executive Officer of Seplat Petroleum, Mr. Austin Avuru described the results as a good start to 2018. “Our core production base remains strong and predictable, the gas business has once again Continued on page 22

FG Will Resolve Power Distribution Troubles Before Year End, Fashola Assures Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, has said that the federal government was working out measures that would improve the distribution capacities of the 11 electricity distribution companies (Discos) in Nigeria’s power sector, and should be done with that by the end of the year. Fashola, made this disclosure last week in Abuja, when he inaugurated the new chairman of the Nigerian Electricity Regulatory Commission (NERC),

ENERGY Prof. James Momoh, after he was confirmed by the Senate for the position which President Muhammadu Buhari, nominated him. Speaking on the state of affairs in the country’s power sector, and the government’s desire to get the distribution end to be able to send to homes and businesses all generated electricity on the national grid, Fashola, explained that generation and transmission capacities were now 7000 megawatts (MW) apiece while distribution was

behind with just 5000MW. He said that there were challenges that came with the privatisation of the power industry, and listed them to include metering and governance issues, but that the government came up with the Power Sector Recovery Programme (PSRP) as a component of its Economic Recovery and Growth Plan (ERGP) to solve these challenges and put the sector on the path of sustainable growth. “By increasing generation to 7,000MW, increasing transmission to over 7,000MW and increasing distribution from

2,690MW to an average of 4,900MW and 5,000MW, clearly that is progress and that is what we must do more. “What we see is that like every policy, privatisation will have its challenges. We have gathered all the challenges together and that is what we have put in the PSRP; from meters to governance and one of the governance issues is the full constitution of the NERC with the appointment of the chairman and today one item in the list of to-do items of the Continued on page 22

A senior counsel of France’s highest administrative court, the Council of State, has recommended that France end regulated electricity prices, state-controlled utility EDF said in a statement at the weekend. The utility said it had noted the recommendation, which argued the regulated tariffs, which some 30 million clients are still subscribed to, did not comply with European competition regulations. EDF said it would make no further comment. The court’s final decision is expected by the end of May. An end to regulated prices could intensify competition in France’s retail electricity market, where EDF faces growing competition from alternative suppliers. French oil and gas major Total in April said it would buy a majority stake in electricity retailer Direct Energie in a 1.4 billion-euro ($1.67 billion) deal . Italy’s energy group Eni and French consumer retailer Casino have also entered the power market. Last year, the court repealed a similar law on regulated gas prices after a lobby group of alternative retail energy suppliers took the issue to the court, arguing the regulated gas scheme gave former monopoly Engie an unfair advantage .

EU Carbon Emissions Rose in 2017 European Union carbon emissions from burning fossil fuels increased in 2017, statistics office Eurostat said at the weekend, indicating that the reduction of emissions blamed for climate change remains a challenge. Carbon emissions in the EU were up 1.8 percent from 2016, Eurostat said, with a double-digit increase in Malta and Estonia. Finland and Denmark showed the sharpest declines while emissions in Germany, the bloc’s largest economy and still dependent on coal for 40 percent of its electricity, was little changed. The European Union is vocal about trying to save the Paris Agreement on climate change after the United States said it would withdraw from the deal. The agreement seeks to keep increases in the planet’s average temperature to well below 2 degrees Celsius.

“We have no choice; we have to look at what computes a tariff; it is not a guess work; there is a calculation you do to get there� Chairman of NERC, Prof. James Momoh

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BUSINESSWORLD SEPLAT PETROLEUM TO DRILL FIVE NEW WELLS IN OMLS 4, 38, 41

set a new record for quarterly revenue contribution and the steps we took to refinance the balance sheet have significantly strengthened our liquidity position and will allow investments to be scaled up. Our debut bond issuance marks another key milestone for the company, widening our long term capital base in support of our growth strategy while also reducing overall borrrowing costs,” he said. “Looking ahead we will return to drilling in the second half of the year as we re-focus our efforts on the numerous high margin and short cycle cash return opportunities we have in our portfolio.I am also pleased to report that our strong operational and financial performance has resulted in the Board taking the decision to reinstate the dividend for our shareholders. With our capital structure reset and robust free cash flow generation underpinning the business we also have the headroom to capitalise on inorganic growth opportunities as and when they may arise, in line with our price disciplined approach,” Avuru added. FG WILL RESOLVE POWER DISTRIBUTION TROUBLES BEFORE YEAR END, FASHOLA ASSURES

PSRP is now completed and we can proudly report that,” Fashola said. According to him, having reportedly solved the governance problem, the other items to be faced include metering and expansion of distribution network. He stated that although there was an existing capacity of 2,000MW of power that could not be distributed, the government was working to see what it could do quickly to solve the problem before the end of the year. On electricity generation capacities that could be added to the grid soon, Fashola said he was expecting the Azura Power in Edo State to come on stream fully with about 459MW, as well as Kaduna and Afam plants.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

Indorama Hits 4,000 MT of Fertilizer Production Daily Ernest Chinwo in Port Harcourt Indorama Eleme Fertiliser & Chemicals Limited (IEFCL) has said it produces 4,000 metric tons of Urea fertiliser per day or 1.5 million per annum, which it supplies to Nigerian farmers nationwide, and exports the surplus to foreign countries. Head of Corporate Communications of the company, Dr. Jossy Nkwocha, said that Indorama has through its Urea fertiliser become the best friend of farmers across the country, and contributes immensely to food security in the country. Nkwocha spoke at the weekend when members of the Rivers State Council of the Nigeria Union of Journalists (NUJ) visited the company as part of activities marking its Press Week and 2018 World Press Freedom Day. He said: “Indorama’s fertiliser export to other African countries and beyond has transformed Nigeria from being a fertiliser importer to a net exporter of the commodity, with the attendant huge foreign exchange earnings for the country.” Furthermore, he explained that farmers were now assured of quality and adequate supplies of fertilisers as a direct outcome of the Indorama world-class fertiliser plant in Port Harcourt, Rivers State, which was officially inaugurated in July last year by the Vice President, Prof. Yemi Osinbajo.

Nkwocha stated that through the Indorama Agriculture Development Programme (IADP), the company was building the capacity of farmers across the country by affording them free trainings on global best practices in fertiliser application and crop management. These, according to him, were contributing to boosting the farmers’ harvests and putting more money in their pockets.

Nkwocha noted the facility visit was very good for the company as it afforded it the opportunity to thank the media for its support since its inception. “This (visit) is very good event for Indorama. It is an opportunity to thank the media for all the support we have gotten these years. We thank you for the support and cooperation extended to us since 2006 when Indorama took over Eleme Petrochemicals

Company Limited,” he said. He urged journalists in the country to practice developmental journalism aimed at enhancing the welfare and development of the people of the country. In her speech, the acting Chairman of the Rivers State Council of the NUJ, Comrade Uche Agbam, appealed to the company to support the union in the training and retraining of journalists in the state.

Agbam said, “We thank Indorama for giving us the opportunity to embark on tour of this complex. We are here because it is part of activities lined up for our 2018 Press Week. “We need to have knowledge of the activities of this world-class complex and we believe that being here today will broaden our knowledge on reporting issues concerning Indorama.

ATCON NEW EXCOS

L-R: 2nd Vice President, Association of Telecoms Companies of Nigeria (ATCON), Mr. Muyiwa Ogungboye; 1st Vice President, Mr. Ikechukwu Nnamani and President, Mr. Olusola Teniola, during the ATCON AGM/NEC Elections 2018 held in Lagos...recently

Benin Disco Urges Compliance with Safety Standards As court jails two vandals in Edo Central Ejiofor Alike In commemoration of the recent 28th edition of the World Safety Day, the Benin Electricity Distribution Plc (BEDC) has called on individuals and organisations to ensure strict compliance to the highest safety standards with a view to reducing occupational hazards. This is coming as a Benin Magistrate Court sitting in Ubiaja in Esan South East LGA, of Edo state, has sentenced two transformer vandals, Mohammed Dan Fulani, 27 and Babangida Aliyu, 29, to one month and two weeks imprisonment with hard labour for vandalising a BEDC transformer. Speaking as a panelist during the Safety Day celebration at the University of Benin Teaching Hospital (UBTH), Benin, the company’s safety manager, Mr. Gilbert Nweke listed some key responsibilities any organisation owes its workers in promoting a safe working environment. He listed the responsibilities to include: providing a safe working environment for the workers, providing the needed tools and equipment to carry out the job safely, ensuring actions are taken to correct cases of hazardous conditions, making available the safety policy to workers and enforcing compliance with the use of Personal Protective

Equipment (PPE). According to him, safety measures adopted by BEDC are collaboration with state governments to drive the campaign on the dangers of residing or performing commercial activities under power lines,enlightening the public on the need to imbibe safety culture while using electricity, substation fencing especially those in the commercial/public areas and residential quarters, on the job training of young graduates in partnership with Elizade University, Ilara Mokin, Ondo state and procurement of safety tools i.e. grounding kits, earth mats, operating rods, neon testers, discharge rods among others for technical staff. Also speaking at the ceremony, the Consultant PediatricOphthalmologist, UBTH Dr. Valentina Okeigbemen, stressed the need to focus on the young worker because “our youth are our future generation and what affects our youth, affects our generations.” The Director, World Safety Organisation (WSO, Nigeria), Mr. Soji Olalokun, in his opening speech, said the World Safety Organisation had keyed into this annual event as a way of promoting the objective of making safety a way of life worldwide. In a related development, a Benin Magistrate Court sit-

ting in Ubiaja in Esan South East LGA, of Edo state, has sentenced two transformer vandals, Mohammed Dan Fulani, 27 and Babangida Aliyu, 29 to one month and two weeks imprisonment with

hard labour for vandalising BEDC transformer. The two vandals were arraigned on a two count charge of “malicious damage and stealing” and pleaded guilty to the charges at the

Benin Magistrate Court before Justice N, B, Edogun. A similar incident occurred in Ubiaja, a year ago when one Osifo Peter was arrested and prosecuted for vandalizing BEDC substation.

Dell Technologies, Microsoft Collaborate on IoT Solutions Delivery Emma Okonji Dell Technologies and Microsoft have announced their collaboration to deliver a joint Internet of Things (IoT) solution designed to help vertical customers simplify deploying their end-to-end IoT solutions from the edge to the cloud. The combination of Microsoft Azure IoT applications and services, VMware Pulse IoT Centre and Dell Edge Gateways will offer customers streamlined management, centralised monitoring and security from devices to the cloud. Businesses that are implementing IoT initiatives today have invested significant resources and manpower to research and integrate a multitude of hardware, software and cloud services across the fragmented IoT landscape to stand up a solution that meets their business needs and adheres to IT departments’ stringent standards.

Those businesses want to harness advanced services such as artificial intelligence (AI) and real-time decision making, while also making sure all deployment, asset management, security and compliance requirements are met. Dell Technologies and Microsoft said the collaboration would make IoT easier for customers by delivering a secure solution that provides consistent infrastructure management from the edge to the cloud. According to a joint statement released recently by the global technology solution providers, the joint solution offers an underlying IoT infrastructure, management capabilities and security for customers looking to deploy IoT for scenarios like predictive maintenance, supply chain visibility and other use cases. The solution is expected to deliver intelligence at the edge with Microsoft Azure

IoT Edge. It is as application extends cloud intelligence to edge devices so that devices can act locally and leverage the cloud for global coordination and machine learning at scale. It will also deliver management and monitoring of edge devices with VMware Pulse IoT Center: This provides more secure, enterprise-grade management and monitoring of diverse, certified edge devices including gateways and connected IoT devices, bios and operating systems. This ecosystem will be built over time involving deeper integration and certification to support customer requirements. The combined solution will deliver high-performance, rugged Dell Edge Gateways: IoT devices with powerful dual-core Intel® AtomTM processors connect a variety of wired and wireless devices and systems to aggregate and analyse inputs and send relevant data to the cloud.

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Electricity Tariffs as Momoh’s Minefield The new Chairman of the Nigerian Electricity Regulatory Commission, Prof. James Momoh will start on a wrong note if he implements his planned review of electricity tariffs in a sector where over 60 per cent of consumers are still being subjected to inflated estimated electricity bills, Ejiofor Alike reports A thriving culture among the electricity distribution companies since the power assets were handed over to the private investors is the issuance of what the Nigerian Electricity Regulatory Commission (NERC) described as ‘crazy bills’ to electricity consumers. In the words of the regulatory agency, “crazy bills are bills that are given to a customer that do not reflect the correct consumption of that customer.” “Such crazy bills usually come in the form of estimated bills where the electricity distribution company gives the customer an estimate that far exceeds what that customer could possibly have consumed within the billing period,” NERC had said. To save customers from extortion by the Discos, NERC had issued an estimated billing methodology or formula, and had ordered all the distribution companies to apply this formula in estimating their bills to ensure that customers pay for only what they consume. NERC’s Regulation on Standards of Performance for Distribution Companies 1.10 also stipulates three months or 90 days as the maximum period within which a customer can receive estimated billing, after which the Disco must find every means possible to read the meter for actual energy consumed if the premises is metered. Also Chapter II (4.1) of NERC’s Methodology for Estimated Billing 2012 also provides that the “Discos shall endeavour to obtain an actual reading of all meters recording electricity usage at all supply addresses within their areas of operations every month, or at such intervals as approved by the commission”. Section 4.2 of the guidelines also stipulates that “where the Disco is unable to obtain an actual meter reading at a customer’s premises, the customer’s electricity usage shall be estimated by the company unless the customer provides his own meter readings within a stipulated period”. Section 4.3 states that “where a Disco estimates a customer’s usage the Disco shall adopt the commission’s approved methodology for estimated billing, and the customer’s estimated electricity usage shall, under no circumstance, be arbitrarily inflated by the Disco.” Customers eligible for estimation Customers with faulty meters - customers who have been issued meters, which are no longer functional, are one of the categories of customers that may be issued estimated billing, according to NERC. But NERC also mandates the Discos to repair or replace faulty meter as soon as a complaint is appropriately made by the customer. Customers whose meters cannot be read - customers, whose meter readings could not be obtained by the Disco as a result of “inaccessibility occasioned by locked doors, customers not being at home at the time of reading the meter, and presence of dogs on the premises”, should also be issued with estimated bills, according to NERC. The guidelines added that “where a Disco is unable to obtain a meter reading at a customer’s premises and notifies the customer in a manner approved by the commission, the Disco shall estimate the customer’s usage for the period”. According to NERC, the Disco shall endeavour to read the meter, at least, once in three months and the estimated bills issued shall not amount to a figure in excess of the cumulative average of the customer’s consumption. The third category of customers that should pay estimated bills are the existing customers, who have not been provided with meters. For the unmetered customers, NERC’s rules stipulate that their estimated bills shall be based on the “weighted average cluster load,” which involves the subtraction of the entire metered load from the energy supplied to the feeder (33kV or 11KV and others) and the

Firefighters putting out fire at Alagbon Transmission Station application of an appropriately determined availability factor and correction of losses which is aggregated among the various number and classes of customers supplied by the feeder. Investigation has revealed that this NERC guideline for the unmetered customers is the most abused by the Discos to extort consumers because while the power purchased by the Discos from the Gencos are properly metered and confirmed by the Discos, individual consumers are arbitrarily slammed with exorbitant bills by the Discos based on the power they claim to have supplied to the feeder in a given area, when it is obvious that the customers are not in a position to confirm that such quantity of power was actually supplied to their feeder. For the metered customers, NERC’s position is that every Disco shall obtain, through its authorised representatives an actual reading of all meters in all supply addresses within its area of supply every month but not later than once in every three months. According to the agency, the customers shall be to billed based on the last actual reading obtained until another reading is established, with a reconciliation carried out which may result in the crediting or debiting of the Customer. Discos’ abuse of NERC’s guidelines Despite these laudable steps taken by NERC to check the excesses and impunity of the Discos that overbill their customers, exorbitant estimated bills have become embedded in the culture of most Discos. In fact, investigation has revealed that several years after the death of a customer, some Discos still send estimated bills to his or her unoccupied residence. NERC’s rules to ensure that the Discos close metering gap, standardise customer estimation, as well as stop extortion and exploitation of customers have been constantly violated by the utility companies. It is a common knowledge that while the Discos deploy the police, Civil Defence and even social miscreants to invade customers’ premises three times in a month to carry out disconnection for non-payment of unjustifiable bills, most of the companies do not assign any official to read the meters even for once in one year.

Today, over 60 per cent of Nigerian electricity consumers pay estimated bills because the Discos do not visit customers’ premises to read functional meters, once they are not prepaid, contrary to NERC’s rules. Since these estimated bills are crazy bills that do not reflect customers’ actual consumption, there have widespread protests against the distribution companies across the country. Worried by the nationwide abuse of estimated billing methodology, NERC had in late 2017 mulled three innovative options to improve the metering obligations of the Discos to their customers, with a view to eliminating the regime of estimated billing of consumers. The three options under consideration were Meter Service Providers (MSP) scheme, modified Credited Advance Payment for Metering Implementation (CAPMI), and franchising in rural an urban settlements. The regulatory agency had earlier in June 2017 initiated a process that could lead to the sack of the management boards of the 11 Discos over poor performance. The agency’s Commissioner for Engineering Performance and Monitoring, Prof. Frank Okafor, had told the operators at the 16th edition of the monthly power sector operators’ meeting hosted by the Niger Delta Power Holding Company (NDPHC) Limited in Enugu that “there are so many challenges, I will tell you, and I will also tell you that a lot of the Discos have not done well in metering people”. “They committed to certain level of metering every year, but they have not done that,” Okafor reportedly said. NERC had earlier announced that consumers who were not provided with prepaid meters as at March 1, 2017 should stop paying estimated bills. At a point in 2014, the Sam Amadi-led NERC had even considered placing a ceiling on maximum amount a Disco could charge a customer as estimated bill in reaction to the barrage of complaints received over estimated billings. Momoh’s planned tariffs review Instead of NERC to intensify efforts to eliminate crazy bills before increasing tariffs, NERC’s new chairman, Prof. James Momoh, who took his oath of office last Thursday, after two years of power vacuum at the agency, shocked the bewildered electricity consumers,

when he told journalists that the commission under his watch would undertake a scientific review of tariffs. Due to the several unresolved issues in the power sector, including the wide metering gap in the sector, NERC had suspended the implementation of five reviews of electricity tariffs since the industry was privatised in November 2013. For instance, the regulatory agency suspended the planned review of tariff for R2 customers in January 2015. However, the private investors alleged that the six-month suspension was a political decision by the former administration to enhance its chances in the 2015 general elections. Also the Multi Year Tariff Order 2015 that was signed in December 2015 was also suspended in January 2016 by NERC, which later implemented it in February 2016 following protests by the private investors. Although there have always been protests against NERC’s tariffs reviews, the wider public protests, which have become violent in many areas, are actually against the refusal of Discos to use meters to determine the bills paid by majority of their customers. The fear expressed by majority of the consumers is that if NERC implements a new review of tariffs without addressing the issue of estimated billing, a customer whose actual monthly consumption today is N4, 000 but is currently being slammed with estimated bills of N10, 000- N20, 000, will pay as much as N20, 000 – N40, 000 monthly estimated bills under the new review, instead of about N5, 000 – N6, 000, which will be his new actual consumption. Momoh acknowledged that electricity tariff calculations are not done by guesswork, adding that the commission would be looking to collate relevant data, review and understand them, and then make decisions from its findings. It is, however, uncertain how he intends to convince already aggrieved customers to pay for electricity that is not metered. The general belief is that prioritising tariffs review will be a misstep by Momoh as his efforts should be concentrated on ensuring that both metered and unmetered customers pay for the actual power they consume so as to curb the massive opposition that will greet any new review.

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Setting Up a Toilet Roll Plant Uba Godwin highlights the benefits of setting up toilet roll, serviettes, napkins producing plant Nigeria ranks 126 of 198 countries on the global Poverty Index and 6th poorest country in Africa with 70% of its population below poverty line. The rate of unemployment is growing higher. As the rate of unemployment continues to worsen by the day, the CBN has introduced an intervention fund known as Agriculture, Small and Medium Enterprises Investment Scheme (AGMSMEIS). A total sum of N26Billion facility will be given to investors at a single digit interest rate of 5% per annum. The funds to be disbursed to prospective investors is meant to create employment opportunities through establishment of small and medium scale enterprises such as Toilet rolls, Serviettes, Napkins. You can benefit from this scheme today. When you are looking for a project to invest into, one of the fundamental issues to look into is the market for the envisaged products. Another thing is the legal considerations surrounding the proposed project. Yet another is the technology and the experienced manpower to manage the project. Having put all these important issues into consideration during a comprehensive feasibility studies carried out by the writer and his team of consultants, this project are here under discussed. The envisaged project The envisaged project is the production of quality well packaged and neatly prepared serviettes & Napkins (both table, face napkins etc.) that can be used by consumers in any part of the world. Those to invest Those people that have been working for so long but have not thought of retirement date (which will eventually come), politicians, retired workers, state & local governments, bankers and oil workers, who may want to have additional income and as di-investment. This project can be established by anybody. Those that are already into Toilet roll production can comfortably integrate these products into their existing plant.

Minister of Industry, Trade & Investment, Dr. Okechukwu Enelamah Location/Project Location This project can be located in any part of the country (both rural and urban settings). However, it is advisable to set it up where there is electric power supply. The space requirement is very small. A spacious three (3) bed room flat can comfortably accommodate the production machines, the administration/sales unit and the packing of the finished goods. It is always better to get a more spacious place to put the raw materials. Raw materials The major raw materials are Jumbo Reels, Nylon/Polyethylene sheet or well-designed boxes for packaging. It should be noted that no core paper is required like in the production of Toilet roll. A good designing and quality products can be produced to create a difference from what is in the market for now. This will be a market niche to the envisaged products. The raw materials are all available within the country. You do not need any importation. Plants/Machinery The major machines required, like that of toilet

rolls are rewinder, band saw machine, the cutter and packing machines. The packer has an in built nylon sealing device that does the clean finish-up. These machines can be procured locally. Prospective importers can as well import the machines from oversea countries. Details will be given to prospective investors on contacting the writer. The writer can procure and install these machines on turkey basis if it is acceptable to the prospective promoters.

From financial analysis, the promoters are sure of making profit after tax of N46.6 million in the first year of operation. The Profit after Tax will increase to N155.3 million within the first 5 years of operation. The return on investment is about 52 per cent. Other projects to be integrated into this project Toilet roll, Facial tissue, Mouth wiper, Table napkin production etc can be integrated into this project as product ranges.

The market The market for the envisaged products are both locally and foreign. Locally, the target market will be all and sundry, rich and poor, urban and semi-urban areas, Food centres, offices, Homes, Hospitals, Super Markets, Distributors, Wholesalers and Retailers. In the foreign market there are good market for Nigeria toilet rolls, serviette, diapers, napkins within the ECOWAS Sub-region and Africa as whole. Prospective investors will be given details.

Production process The Jumbo reels are cut carefully to required dimension. The packing machine does the packing and carefully sealed them into 50 cuts per pack. Details of the production techniques and packaging will be taught in the process of the test running and training session of the proposed plant.

Legal and legislative advantages The present Government felt that products like Serviette, Napkins, Diapers, Toilet Roll and Facial tissues can be comfortably produced within the country. This is because all the raw materials, technology and manpower can easily be sourced within the country. As a result, the government imposed a total ban on the importation of these types of products from overseas producers. This is therefore an advantage to the project. Moreover, though there is need to operate in a very clean environment, the control and regulations by NAFDAC is not as intense as if you are into Foods & Beverages. Therefore promoters can curtail the pressure of the NAFDAC regulations. Financial requirement The project can be comfortably established with the sum of N16.0 million and above depending on the type of machines you want to apply (the breakdown is as follows).

Implementation Prospective investors will contact the writer for detailed and bankable feasibility reports, procurement and installation of quality & durable machines, Training of manpower and setting up of very good accounting and marketing structure for the proposed project. Practical Training programme We will give you a practical training on how to successfully set up the plant and professionally manage and market the project for huge profits Financial Estimates (N’000) Preliminary Expenses 350 Plants & Machinery 6,500 Accommodation (varied) 1,500 Working capital (varied) 5,500 Utilities 1,500 Miscellaneous 500 Total 15, 850 Uba Godwin Global Trust Consulting, 56 Ishaga Road (1st floor), Surulere, Lagos Tel: 08023664368, 08034494437 E-mail: ubagodwin@yahoo.com

Emmanuel: Thompson and Grace Medical University to Attract FDI, Boost Employment Chika Amanze-Nwachuku Medical experts from Germany, led by German Envoy to Nigeria, H.E. Dr. Bernhard Schlagheck and the Executive Dean of the Medical Faculty of University Medical Center Eppendorf (UKE), Germany, Prof. Dr. Uwe KochGromus, on Friday, performed the foundation laying ceremony of the Thompson and Grace Medical University’s (TGMC) Senate and General Administration Building, and the Community Primary Healthcare Hospital of the University. The ceremony, attended by Akwa Ibom State Governor Udoh Emmanuel and other top medical experts from Nigeria, Germany and the USA, formally signalled the commencement of construction of the university’s infrastructure at the expanse land located in Afaha Obong, an ourskirt of Uyo, capital of Akwa Ibom state. The Envoy, who was represented by the Head of Corporation at the Embassy, Mr. Christopher Wenzel, said that the government and people of Germany are concerned about the health service delivery in Nigeria and are willing to support this kind of project designed to improve the health standard of the people of Nigeria. He called on the governments and institutions across the globe to support the Thompson and

Grace Medical University, saying it would create environment for the provision of quality medical services in Nigeria, noting, “a healthy nation is a wealthy nation. Similarly, Koch-Gromus noted that TGMC will lead in medical research in this part of the world as will leverage on the experience of the University of Hamburg (UKE) to develop quality curriculum for medical students in Nigeria and Africa as a whole. “TGMC is a good strategic partner that my institution needs in the area of medical research which is lacking in most institutions in Africa�, Wenzel said. In his speech, the governor, who was represented by his deputy, Mr. Moses Frank Ekpo, said that he was particularly delighted that with the strategic objective of TGMC, there is every reason to believe that this institution will become a centre of excellence that will further fast track the process of technology transfer in the vital area of quality healthcare service delivery. According to him, the project of this magnitude comes with a lot of value addition and multiplier effect especially in the area of job creation. “As from projected statistics, I am told that when fully operational, this medical city has the capacity to accommodate up to 35,000 workers in what appears

to be one of the biggest foreign direct investment drives in this part of the world,� he said. He assured the management team of the T&G Medical University and its promoters that “our state government fully identifies with this project and will continue to do whatever is required to provide the convivial environment for the success of this great initiative.� Welcoming the guests, Managing Director and CEO of Thompson & Grace Investment Limited, principal promoters of the TGMU, Dr.

Isaac Thompson Amos, stated that the project was driven by three critical and closelyrelated needs in healthcare and medical education in Nigeria. They include the “need for qualified healthcare professionals in Nigeria; the need for world-class medical university capable of innovative research and development (R&D) in Nigeria and Africa; and the need for affordable and accessible healthcare services in Nigeria.� According to him, these needs led to his organisa-

tion’s collaboration with some international medical and research institutions across the globe such as USTAWI Research Institute, USA; HKS Inc., USA; Center for Health Systems & Design, Texas A&M University USA, Carlson School of Management, University of Minnesota, USA; University Medical Center of Hamburg Eppendorf (UKE), Germany; UKE Consult Und Management GmbH, Germany, Hellmann Worldwide Healthcare Logistics GmbH, Germany, among others to carry out research, planning and design

of the medical city that would create a healthcare model where people can “Work, Live, Learn, Heal and Play.� On July 31, 2017, a Memorandum of Understanding was signed between Thompson and Grace Investment Limited, Lagos, and the University Medical Centre Eppendorf (UKE), Germany, at the office of the German Ambassador to Nigeria in Abuja to consult, design and operate the Thompson and Grace Medical University which is expected to kick off in the next two years.

Good Performance Key to Business Prosperity, Says Expert Ugo Aliogo and Esther Ehoche In order for entrepreneurs and small medium scale enterprises (SMEs) to strategically structure their businesses and achieve profit, there is need for them to scale growth and performance, while understanding the measures needed to be put in place to increase revenue. The advice was given recently in Lagos at the Eureka Moments organised by Trayny Brand to train entrepreneurs on how to structure their businesses through online training,

while leveraging on the lessons of successful entrepreneurs. Speaking at the event, the Chief Executive Officer, House of Tara International, Tara Durotoye, said a lot of entrepreneurs need to understand that to achieve growth in business, there is need for them to increase their revenue, stating that they also have to increase their customer base and product offering to attract more customers. She also noted that in scaling, the entrepreneur needs to think of the type

of business to venture into, which would generate income and how to project more in the business. Durotoye advised up and coming entrepreneurs to invest in self-development efforts in order to build a solid foundation for their businesses, adding that there are nongovernmental organisations (NGOs) that are focused in training entrepreneurs. “Entrepreneurs should not engage in these trainings because they have the money, but devote their time and implement the knowledge

gained into their businesses to move it to the next level.� Earlier in her remarks, the Founder of Trayny, Stephanie Obi, said the focus of the initiative was to bring onboard established entrepreneurs, who have succeeded in businesses in Africa to teach other up and coming ones on how to strategically grow in business. According to Obi that they get the knowledge of those established entrepreneurs, package it into an online course and share it with the younger generations as well as entrepreneurs across Africa.

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08.05.2018

WEEKLY PULL-OUT

‘BUHARI’S HANDLING OF HERDSMEN KILLINGS IS WORSE THAN ABYSMAL’

Dr. Chidi Anselm An n Odinkalu

2/DASHBOARD

08.05.2018

Fundamental Requirement for Action Filed in a Representative Capacity PAGE 4

Lagos State Judiciary Gets Three New Judges PAGE 5

Alleged $8.8m Fraud Charge Against British Nationals: Court Affirms Lagos AG’s Withdrawal of Suit PAGE 5

‘A Good Lawyer Must Have the Ability to Empathise’

QUOTABLES A ‘ ll I can say is that, nothing must happen to the Senator (Dino Melaye)....I don’t think the law will support a situation where someone is in a dire health situation, and is being arraigned, moreso the person is a Senator....So, my admonition to the Security Agencies, is to do everything possible, to ensure that his life is secured first, before prosecution. – Honourable Yakubu Dogara, Lawyer, Speaker of the House of Representatives, Federal Republic of Nigeria ‘The Appropriation process, is perhaps, the most important legislative task of any Parliament.... The Constitution gives a special place to passing Appropriation Bills or Money Bills, Section 59 of the Constitution, while for Ordinary Bills you have Section 58....Is it just tardiness or indolence or legislative lethargy or mischief? What is it? Why do we have this record long time in passing it?’ – Jiti Ogunye, Legal Practitioner, Lagos

COLUMNIST DR. KUBI UDOFIA Dr. Kubi Udofia holds a Doctorate degree in Law from The University of Nottingham, a Certificate in International Risk Management from the Institute of Risk Management, London, a Masters degree in Corporate Law from University College, London and a Bachelors degree from University of Uyo in Nigeria. Called to the Nigerian Bar in 2007, Dr Udofia is the Head of the Corporate and Commercial Law Practice Group, at Fidelis Oditah & Co. He is an acknowledged expert in Insolvency and Restructuring Law in Nigeria.

PAGE 6

Ajomo’s Day of Tributes PAGE 11

Professor Mashood Baderin Wins the 2018 Sankore University Award for Excellence in Education PAGE 11

Worse than Apartheid: Government’s Treacherous Abuse of Power Over the Criminal Justice System PAGE 12

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

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To Die or Not to Die?

M

‘Mama’

y friend complained to me about his 80+ year old Mother. Though she is not particularly ill, apart from incontinence, the usual high blood pressure and general body aches that accompany old age, it seems that she has lost the will to live. Her son told me that she is lonely, especially after the death of her sister, but she refuses to do things that will liven her up. She doesn’t want to go out, not even to Church, because she is incontinent and hates the idea of wearing diapers. When she has accidents because she cannot get to the toilet in time, and she soils herself, she cries and says she wants to die. She finds it too humiliating. She punctuates every other sentence with ‘I’m tired’, ‘when I’m gone’ etc. Recently, the Doctor prescribed some sleeping pills for ‘Mama’, as she had not been sleeping well. Mama tried to take an overdose. But, Suicide is a taboo in African Culture. For example, if you have ever watched the Igbo Movies on Africa Magic, the corpse of a person who commits suicide, is thrown into ‘the evil forest’, instead of being given a proper burial, because the person has committed an abomination, or as they say in Igbo language, “Aru”. My friend is at a loss, for how to handle Mama’s matter. Professor David Goodall Last week, one of my predecessors, Funke Aboyade, SAN, sent me a link about Professor David Goodall, a 104 year old Australian based British born Scientist, who has travelled to Basel, Switzerland to end his life on May 10, 2018 at Life Circle Service, an Assisted Dying Agency, which provides the service for non-Swiss nationals. I found the story rather intriguing and thought provoking....not just because we Africans love to pray for ‘long life and prosperity’, meanwhile here is a man, now keen to end his own life after being ‘blessed’ with long life (be careful of what you pray for!), but because Death with Dignity which is what the Professor wants, is usually reserved only for the terminally ill. Death with Dignity, is when mentally fit terminally ill adults, voluntarily request for and are given medication to hasten their deaths, thereby putting them out of their pain and suffering. They decide to dictate the terms of their death. Death with Dignity, can be done by Euthanasia or Physician Assisted Suicide. Usually, the patient may have been given a short period of time to live, a few months, like in some cases of Cancer. The issue here is that, like Mama, the Professor who is still of sound mind, is not terminally ill. However, in Switzerland, unlike most other places, there is no condition that the patient must be terminally ill to qualify for Assisted Suicide, nor must there be a life expectancy limit of 6 months. The Professor is simply aged, unhappy and wants to die. He believes that at his age, he should have the right to choose to die, if he so desires. Naturally, due to his advanced age, his quality of life has diminished, and he would rather have not lived this long! He is absolutely different from a lady who I visited with my friend in Los Angeles several years ago, Ms Mary I believe her name was. She was 102 years old, the oldest person I had ever met. She was of extremely sound mind, still visiting the Hair Salon and Nail Studio to fix her hair and nails every week. She, on the other hand, was still enjoying or making the best of life. Though Assisted Suicide is now legal in the

Young David Goodall

State of Victoria in Australia with effect from June 2019, and not Perth where the Professor is resident, it is only for the terminally ill, and the man, though not terminally ill and therefore, not qualified for Euthanasia or Assisted Suicide, is simply tired of living and wants to die with dignity.

Euthanasia and Assisted Suicide Though these two methods have the same result, that is, ending the life of a patient, there is a distinction. While in the case of Euthanasia, the Physician directly administers the lethal medication on the patient to end his/her life, usually by an intravenous injection, for Assisted suicide, the Physician provides the means for the death (the lethal medication), and the patient administers it his/herself (probably to avoid criminal liability). In many jurisdictions, Euthanasia is considered to be murder or manslaughter. In the celebrated case of Dr Jack Kervokian, who had previously been tried four times (acquitted three times and one mistrial), for assisting patients to give themselves lethal injections to die, in the case of Thomas Youk who was paralysed and suffered from something called Amytrophic Lateral Sclerosis, Dr Kervokian administered the lethal injection himself, and videotaped himself doing it. Even though the videotape showed how much Mr Youk was suffering while he was alive, no evidence was led on his condition and his desire to end his life. Despite pleas to the court for leniency by Mr Youk’s widow and brother, Dr Kervokian, who was 70 years at the time, was found guilty of second degree murder and sentenced to 10 to 25 years imprisonment, with the possibility of parole after serving 6 years and 8 months. Would the court decision have been any different, if Doctor Kervokian had proved that Mr Youk made the request to “die with dignity”? Maybe his sentence would not have been as harsh, but by virtue of the extant laws in the US, Mr Youk would also have had to be terminally ill. In the Netherlands, for instance, there are strict guidelines for Euthanasia – the patient must be of sound mind, the patient’s request to die must be voluntary, the patient must be experiencing intolerable suffering, all alternative treatments must have been looked into, and there must be a second opinion from another Physician, as to the patient’s condition. There’s also the case of patients who are in a comatose or vegetative state, with no hope of recovery or reawakening. In this case, Involuntary/ Passive Euthanasia (death by omission) may be applied. In USA, Passive Euthanasia is generally acceptable in this situation. In the Indian Supreme Court case of Aruna Shanbaug, Passive Euthanasia was defined as “the withdrawal of medical treatment with the deliberate intention to hasten a terminally ill patient’s death”, for instance, the machine keeping a person in this comatose or vegetative state alive, is switched off. Pros and Cons Should people be able to make the call, about whether they should live or die in certain circumstances, like Professor Goodall? Patients that opt for Euthanasia or Assisted Suicide, usually argue that their medical conditions have seriously diminished their quality of life, they are totally dependent on others for every single thing, they are suffering and in excruciating pain, they are going to die anyway, so why stay alive and incur huge medical bills? Proponents of Euthanasia, whether active/voluntary or passive, argue that it is done out of compassion, recognising the suffering that the patient is going through, and helping them put an end to it. Some Opponents

of Euthanasia and Physician Assisted suicide, do so on moral and religious grounds “Thou shall not kill” and so on. Some believe that it is against the ‘Hippocratic Oath’ that Doctors take to preserve life, to end life, while others believe that allowing this kind of thing, desensitises Society’s outlook on death. They also believe that the practice can be abused, resulting in the deaths of those not qualified for it or who do not want to die, if for example, they are seen as burdens by their families. Oregon: Death With Dignity Act During my research, I happened on the touching story of an Oregon, USA resident couple, in their eighties, Charles and Francie Emerick, who died together holding hands in their bed, by means of Assisted Suicide. Both terminally ill, they took lethal doses of medication to end their lives, by virtue of the Death With Dignity Act (DWDA). The Oregon DWDA came into force in October, 1997. Subsequently, Vermont, California, Colorado and Washington DC have enacted their own laws in this regard. The Oregon DWDA “allows terminally ill Oregonians to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a Physician for that purpose”. Euthanasia/Assisted Suicide in Nigeria Of course, I did not find any Nigerian Death With Dignity Legislation. The Nigerian Medical Association, and that of some other African countries like South Africa, Kenya, Zambia, Botswana and Ivory Coast, have all rejected Euthanasia and Assisted Suicide. The whole idea is quite ‘unAfrican’, alien to our culture. Euthanasia is outright murder or manslaughter in Nigeria, depending on the circumstances, while I imagine that Physician Assisted Suicide, is probably conspiracy to commit murder, for the Physician that provides the lethal medication. Mama could have been arrested for attempted suicide, which is an offence. Section 311 of the Criminal Code Act (CCA) provides that “ a person who does any act or makes any omissions which hasten the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person”. Sections 316(1) and (5) consider it murder, if the Offender intends to cause the death of the person killed or if the death is caused by administering any stupefying or overpowering things, which is the essence of Euthanasia. I am undecided about how I feel about Euthanasia and Physician Assisted Suicide. Should Mama be sent to Switzerland to die? Should the age qualification for those who are old, but not terminally ill, be 100, to be able to go for Assisted Suicide? Or should it just be

ONIKEPO BRAITHWAITE

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

“OF COURSE, I DID NOT FIND ANY NIGERIAN DEATH WITH DIGNITY LEGISLATION. THE NIGERIAN MEDICAL ASSOCIATION, AND THAT OF SOME OTHER AFRICAN COUNTRIES LIKE SOUTH AFRICA, KENYA, ZAMBIA, BOTSWANA AND IVORY COAST, HAVE ALL REJECTED EUTHANASIA AND ASSISTED SUICIDE” restricted to the terminally ill? I know many people, who do not want to live to the age, where they will be too old to care for themselves, or will be incontinent and have to wear adult diapers. Or should we just leave it all in the hands of God? For me, I’m torn between religious beliefs and the suffering of a terminally ill patient. What do you think?

Dear Editor

Re: The Road to Constitutional Crisis Dear Editor, Thank you for your write up on constitutional crisis. It was excellent. It is so sad that this is the situation in which Nigeria finds herself, especially because of the attitudes of our so- called Leaders. The situation seems to be escalating, with the refusal of the IG to appear before the Senate, contrary to Sections 88 and 89 of the Constitution, which you used to back up the validity of the Senate’s invitation

Prof Goodall on his 104th Birthday

to the IG to appear before it. C.O., Lagos Dear C.O., Thank you for your email. The question that seems to be forming on everyone’s lips these days, is how come the IG has not been sacked from his job, not just for his failure to protect the lives and property of Nigerians (accompanied with his ‘I don’t care attitude’), but for his insubordination to the President (for not relocating to Benue State), and for breaching the Constitution, by failing to appear before the Senate. If you read my interview with Chief Ayo Adebanjo in our April 10 Edition, he said more or less the same thing about the IG. It is beginning to look as if we have ‘sacred cows’ in this Government, and the IG seems to be one of them, more so, since our Police Force has been adjudged to be one of the worst in the World. In a civilised society, for that abysmal failure in his score card, the IG would have resigned, without waiting to be sacked! The question is, is it fair to Nigerians? Nigerians, on a daily basis, are paying an extremely high price with their lives, the ultimate price in fact, partly because of this man and his institution’s incompetence. Editor

4/LAW REPORT

08.05.2018

Fundamental Requirement for Action Filed in a Representative Capacity

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amended statement of claim. Counsel for the Cross-Appellant contended that since the Cross-Respondents never asked for compensation from 1966-1993, it was wrong for the Court to have awarded compensation to them on the basis of the said Valuation Reports. Relying on SPDC v PERE COLE (1978) 3 SC 183 at 194, Counsel for the Cross- Respondent contended that, Courts have been empowered under their inherent jurisdiction to grant a claim for general damages, if the liability of a Defendant is settled and such general damages unlike special damages, does not require proof. He submitted that it was clear from the pleadings, that the Cross-Respondents’ claim sounds in compensation for general damages, and having found the Cross- Appellant liable for polluting the Cross-Respondents’ communally owned stream, the trial Judge was entitled to consider what a reasonable person would regard as reasonable compensation flowing from the Cross-Appellant’s conduct, and this did not necessarily depend on calculations made and figures arrived at from specific terms. He submitted further that, the Cross-Respondent’s claim fell within the pleaded facts used as a basis for the calculation of compensation in Exhibits E, G3 and H, and the Court of Appeal was right to resort to same as guide in the determination of what it considers to be reasonable compensation, in a claim for general damages.

Facts

he Appellants, instituted an action for themselves and on behalf of Ekrusierho Community, claiming the sum of N150 million, as compensation and damages for loss suffered as a result of pollution of a certain Ekruiserho stream within their Community, which led to hardship, loss of source of income, and destruction of surrounding vegetation, or in the alternative, the same amount for nuisance, negligence and breach of statutory duty. It was the Appellants’ case that sometime in 1991, in the course of the Respondent’s operation at the Delta Power Station at Ughelli, they found that chemical waste from the Respondent’s Power Station channelled through the Respondent’s drainage system, discharged on the Appellants’ land and Ekruiserho stream, thereby polluting the said stream and land. They alleged that, the Respondent’s continuous pollution of the Ekruiserho stream, which was their major source of water supply and major source of income for the Community, had made it unfit for human consumption and fishing activities. They also alleged that, the pollution caused the destruction of surrounding vegetation. Judgement was entered in favour of the Appellants, in the sum of N50 million, which was to be distributed on the basis of what the Community thought fit in the circumstances. Dissatisfied, the Respondents appealed to the Court of Appeal. In its Judgement, the Court of Appeal held that, the action filed by the Appellants at the trial Court was incompetent, because it could not be commenced in a representative capacity; consequently, the Court of Appeal struck out the suit. However, the Court of Appeal went further to consider the award of damages made as compensation to the Cross- Respondents, and awarded the sum of N28 million as compensation to the Cross- Respondents instead. Aggrieved with the Judgement of the Court of Appeal striking out the suit, the Appellants appealed to the Supreme Court. The Respondent also filed a cross-appeal, against part of the decision awarding compensation to the Appellant. Issues for Determination Parties filed and exchanged briefs of argument, and in their amended brief of argument, the Appellants distilled the following sole issue for determination: “Whether the learned Justices of the Court of Appeal were right in holding that the Plaintiff cannot prosecute the action in a representative capacity.” With respect to the cross-appeal filed by the Respondent (Cross-Appellant), the Appellants filed a notice of Preliminary Objection, which was overruled after due consideration. In the Respondent/Cross-Appellant’s brief, the following two issues were formulated for determination: 1. Having regard to the pleadings and totality of evidence adduced before the Court, were the learned Justices of the Court of Appeal correct to have awarded N28million as compensation to the Cross Respondents instead of dismissing the Cross-Respondent’s claim in toto. 2. Whether the Cross-Respondents pleaded in their Amended Statement of Claim, that they were claiming compensation from 1966-1993 and if not, whether the Valuation Reports (Exhibits E, G3 and H) admitted in evidence by the Court, are not at variance with the case set up by the Cross-Respondents. Arguments Counsel for the Appellants argued that, before the action was commenced, the five nominees of the members of Ekrusierho Community, authorised to initiate the action for themselves and on behalf of the members of the Community, sought and obtained the approval of the trial Court, to prosecute the action in a representative capacity. He contended that, the Appellants having shown by their pleadings and evidence, their common interest in the Ekrusierho stream and a common grievance against the Respondent, were competent to prosecute the action in a representative capacity as approved by the trial Judge. He submitted that, there was no evidence showing or suggesting that any fisherman, farmer or family in the Community, had exclusive right to the stream, which defeats the claim of the Community, and that to commence separate actions as suggested by the Court of Appeal, would lead to multiplicity of actions. He relied on MONTGOMERY v FOY MORGAU & CO (1895) 2 QB 321 at 324; NEWSPAPER CORPORATION v ONI & ORS (1995) 1 SCNJ 218 at 233-236. On his part, Counsel for the Respondent argued that, the Appellants do not have a common interest of common grievance in the suit, and it was not the whole Ekrisierho Community, that suffered the same type of hardship arising from the said pollution of the stream. He argued that loss of income was

Hon. Olu Ariwoola, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 12th Day of January, 2018 Before Their Lordships Ibrahim Tanko Muhammad Olukayode Ariwoola Chima Centus Nweze Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC.151/2006 Between 1. Mr. Newman Ighedo 2. Mr. Richard Duvwiama 3. Chief Adam Overen 4. Mr. Dickson Kpologiri 5. Mr. Oghenemene Akponokan (for themselves and on behalf of Ekrusierho Community Ekamkpamre .........Appellants /Applicants And Power Holding Co. Nig. Plc......Respondent /Cross-Appellant (Lead Judgement delivered by Hon. Olu Ariwoola, JSC)

personal to each of the 398 fishermen represented in the action, for which each ought to have instituted his own separate action. Regarding the Cross-appeal, Counsel for the Cross-Appellant argued that the Court of Appeal was in error in awarding the sum of N28 million to the Cross-Respondent, having regard to the pleadings, law and evidence adduced before the trial Court. He submitted that, the said Valuation Reports (Exhibits E, G3 and H) were inapplicable, because they covered the period of 1966-1993, which period was not pleaded in the

“....FOR AN ACTION TO LIE IN A REPRESENTATIVE CAPACITY, THERE MUST BE A COMMON INTEREST AND A COMMON GRIEVANCE OF THE PARTIES REPRESENTED, AND THE RELIEF CLAIMED MUST BE BENEFICIAL TO ALL”

Court’s Judgement and Rationale Regarding the main appeal, the Apex Court held that for an action to lie in a representative capacity, there must be a common interest and a common grievance of the parties represented, and the relief claimed must be beneficial to all. The Court relied on ADEDIRAN & ANOR. v INTERLAND TRANSPORT LTD (1991) 9 NWLR (Pt. 214) 155 and SHELL DEVELOPMENT CO. LTD VS OTOKO v ORS (1990) 6 NWLR (Pt. 159) 693. Their Lordships held that, the oral and documentary evidence adduced before the trial Court, showed that even though certain acts of the Respondent caused the pollution of Ekruseihro stream and affected the fishermen, farmers and families in the Community, the exact number of which could not be ascertained, the Appellants and those others they claimed to represent had varied interests in the effect of the pollution; hence, their grievances cannot be said to be common, and the relief claimed by them for themselves and on behalf of others cannot be said to be beneficial to all. Consequently, the trial Court was in error to have granted the Appellants leave to sue the Respondent in a representative capacity, and the Court of Appeal was right to have struck out the Appellant’s suit before the trial Court. On the Cross-appeal, the Supreme Court pronounced that where the precise amount of a particular item has become clear before the trial, either because it has already occurred or so becomes crystallised or because it can be measured with complete accuracy, this exact loss must be pleaded as damages. The Court, relying on its decision in GANIYU BADMUS & ANOR. v ABEGUNDE (1999) 7 SC (PT. 1) 78 at 81 further held that where a Plaintiff sets out to adduce evidence in proof of the special damages claimed by him, and the evidence being deficient or unsatisfactory is rejected by the Court, that should put an end to the claim. The trial Judge is not entitled to embark upon his own assessment of the special damages, using his own parameter, and in no circumstance, can general damages be properly substituted for special damages which a Plaintiff has failed to prove or even if he has led evidence on it, did not in fact make any claim for it. The Court held that the period covering 1966-1993 was not pleaded by the Cross-Respondent, and the said Valuation Report had been prepared before the action was instituted at all; therefore, having arrived at certain figures of compensation due to the Cross-Respondents in the Valuation Report, before the matter went to Court, it had rendered the Cross-Respondents’ claim as special damages. The Court opined further that, the Valuation Reports in Exhibits E, G3 and H, were at variance with the pleaded facts and evidence adduced by the Cross-Respondents before the trial Court; thus, it was wrong for the Court of Appeal to have relied on the said Valuation Reports which recommended compensation covering 1966-1993, to award compensation to the Appellants, whereas the Cause of Action arose in 1991. Appeal Dismissed. Cross-Appeal Allowed. Representation C.A. Ajuya (SAN) with Nnenko Nttiaidem Esq. for the Appellants/ Cross- Respondents Frank O. Ezekwueche for the Respondent/Cross Appellant. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

08.05.2018

NEWS/5

COURTESY VISIT L-R: Professor Deji Adekunle, SAN, Mrs. Olabisi Soyebo, SAN, Mr. Muiz Banire, SAN, Mr. Paul Usoro, SAN, Chief Felix Fagbohungbe, SAN, Chief Justice of Nigeria, Hon. Justice Walter Samuel Onnoghen, Mr. Damian Dodo, SAN, Ms. Funke Aboyade, SAN, Professor Gidado Maxwell, SAN and Mr. Mahmoud Magaji, SAN when the Committee of the Body of Senior Advocates of Nigeria (BOSAN) paid a courtesy visit to Justice Onnoghen in Abuja, recently

L-R: Justices Yetunde Rukayat Pinheiro, Olukayode Ola Ogunjobi and Sururat Abiola Soladoye taking their oaths of office as Judges last week

Presidential Committee Grants Amnesty to 66 Inmates from Lagos Prisons Stories by Akinwale Akintunde No fewer than 66 prison inmates, serving jail terms for their inability to pay fines, regained their freedom last week, as the Presidential Advisory Committee on Prisons Reforms and Decongestion, visited Lagos prisons. The inmates whose ages ranged from 19 to 63 years, were released from Kirikiri Medium Security Prison, the Female Prison also in Kirikiri, and Badagry Prison. Their release was sequel to the payment of the fines imposed on them by the Lagos State Government, by some

Civil Society Organisations, and on medical grounds. The Committee chaired by the Chief Judge of the Federal Capital Territory (FCT), Justice Ishiaq Bello, who was accompanied in the prison visit by Lagos State Chief Judge, Justice Opeyemi Oke, Lagos State Attorney-General, Mr. Adeniji Kazeem, the Director, Directorate of Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, Justice Adenike Coker and Justice Omobolanle Okikiolu-Ighile. Others on the prison visit, were the representative of the Federal Attorney-General, Mr. Pius Oteh, Assistant Controller General of Prisons, Mr. G. Abubakar, Lagos State Controller

of Prisons, Mr. Tunde Ladipo, among others. The 37 inmates released from the Kirikiri Medium Security Prison, included one Okafor serving jail term for theft of a bag of salt, who has hernia and a big cancerous lump on his left buttocks. Six prison inmates in Kirikiri Maximum Prison, whose imprisonment carried options of fine, were however, denied freedom. Justice Bello, during a chat with the Media, said the visit of the Committee was not only to decongest the prisons, but also to look at the conditions under which the inmates live.

He said the intention of Government, is to improve the conditions of the prisons, since they are meant to be correctional centres. Oteh said the job of decongesting and reforming the prisons, is constantly in progress. He said the Committee has been to five States so far to carry out similar exercises in accordance with its mandate, adding that their experience in Lagos differed from what they experienced in other States. He commended the Lagos State Judiciary for the "leadership and trail blazing role it has been playing in prison reform and decongestion".

Alleged $8.8m Fraud Charge Against British Nationals: Court Affirms Lagos AG’s Withdrawal of Suit A Lagos High Court sitting in Tafawa Balewa Square, has affirmed the withdrawal of a criminal case instituted against two British nationals, Deepak Khilani and Sushil Chandra, by the Lagos State Government. Justice Owolabi Dabiri, in his judgement, dismissed the court action filed by the Incorporated Trustees of Law and Awareness Initiative, challenging the power of the Lagos State Attorney-General, Mr. Adeniji Kazeem, to withdraw a pending criminal case instituted against Khilani and Chandra, by way of a Nolle Prosequi. The Lagos State AttorneyGeneral had in the exercise of his power under Section 211 of the 1999 Federal Constitution of Nigeria, asked that the suit filed before Justice Atinuke Ipaye, be discontinued on

the grounds of Public Interest. The case was subsequently struck out, by Justice Ipaye. Khilani and Chandra were charged in 2015, for allegedly defrauding their Nigerian business partners, Green Fuels Limited of $8.8 million in 2008. The trial had been protracted since 2015, until recently when the State notified the court, of its plan to review the case. Dissatisfied with the action of the Attorney-General, the Incorporated Trustees of Law and Awareness Initiative, then filed a suit, challenging the power of the Lagos State Attorney-General to withdraw the suit. In the judgement, the Court held that, the Lagos State Attorney-General validly exercised his power of Nolle Prosequi, as granted in section

211 of the 1999 Constitution, in withdrawing the criminal charges against the two Defendants; Deepak Khilani and Sushil Chandra. Justice Dabiri held that section 211 of the 1999 constitution, vests in the Attorney- General, the power to institute, takeover, continue and to discontinue at any stage before judgement is delivered, in any criminal proceeding instituted or undertaken by him or any other authority or person. According to him, Section 211 that devised the power to the Attorney-General, however, qualifies that the power requires the Attorney-General to consider the interest of the Public, the interest of Justice, and the need to prevent abuse of processes in the exercise

of that power. “The Director of Public Prosecutions, Ms Titilayo Shitta-Bey, having clearly explained the ground of public interest upon which the decision of the AttorneyGeneral was based, and same was not controverted by the Applicant, thus the exercise of the power was lawful and valid. "The Applicant, has no iota or shred of locus standi, to have brought this action against the Honourable Attorney-General, being that the Applicant was not a party to the withdrawn case, and not representing the Complainant, as such, is held as a busy body who has no legal right or locus standi to approach the Court”. The case was therefore, dismissed”.

Law Firm Holds Rosberg Executives’ Annual Lecture The Lecture with the theme: “Managing Risks In Cross-Border Businesses: Practical Tips for Nigerian Businesses and Foreign Investors Seeking to Invest in Nigeria”, will be held at Radisson Blu Anchorage Hotel, Lagos. A statement signed by the Managing Partner of the firm, Mr. Greg Nwakogo, said that the Executives’ Annual Lecture series, is social initiative, which brings

business executives together annually, to stir conversations on topical issues that affect business and governance. According to the statement, the firm considered the topic for this year’s lecture, particularly in the wake of scepticisms on the part of foreign investors towards investing in Nigeria. “It is imperative that we discuss at such fora, the necessary safeguards investors need to consider and which should allay their

fears and ultimately make our economy prosperous. The event is free of charge but by invitation only”, the statement said. Confirmed speakers for the event are Mr. Babatunde Irukera, Director General /Chief Executive of the Consumer Protection Council, Mrs. Oluwatoyin Sanni, Group CEO United Capital Plc., Mr. Jose Ricardo Feris, Former Assistant Secretary-General International Chamber of

Commerce (ICC) International Court of Arbitration, Paris, France, now Partner at the Paris office of Squire Patton Boggs and Mrs. Chinwe Odigboegwu, Head, Litigation and Dispute Resolution, Nigerian Bottling Company. Mr. Greg Nwakogo, Managing Partner, Rosberg Legal Practitioners & Arbitrators, is the Chief Host. The panel discussion will be followed by a networking cocktail reception.

Lagos State Judiciary Gets Three New Judges Lagos State Governor, Akinwunmi Ambode last week, swore in three new judges into the State Judiciary. The newly sworn in Judges are Justices Sururat Abiola Soladoye, the Chief Registrar of the State High Court, Olukayode Ola Ogunjobi, and Yetunde Rukayat Pinheiro. Speaking at the Banquet Hall of Lagos House in Ikeja, venue of the ceremony, Ambode charged the new Judges to be fearless in the discharge of their duties, and to always allow professional ethics to govern their acts and utterances, within and outside the court. He said their appointments had followed due process, including a rigorous selection and screening exercise, consequent upon the advice of the Lagos State Judicial Service Commission, and recommendation by the National Judicial Council, urging them, therefore, to justify the confidence reposed in them, by offering nothing short of justice without fear or favour. “The oath you have just taken, is neither an empty ritual nor a matter of mere formal procedure. It is an open demonstration of commitment, in the form of the making of a solemn and formal promise, the dereliction of which, the oath taker will be held accountable; not only to the Judiciary, and to our beloved State and country Nigeria, but also to your Creator”, the Governor said. Ambode said that a Bill, seeking to amend the High Court Law to fix the number of Judges in the State High Courts to 120 from the present number of 59, had been sent to the State House of Assembly.

According to him, the Bill would go a long way, to address the challenges of the ever growing population and the attendant increase in commercial transactions and disputes. “In order to address the challenges of a growing population, and the attendant increase in commercial transactions and disputes, we have sent a Bill to the State House of Assembly, seeking to amend the High Court Law to fix the number of Judges in the State High Courts at 120, from the present 59. We expect this to be favourably considered, and passed soon”, he said. The Governor also commended the Chief Judge of the State, Justice Opeyemi Oke, for her inspirational leadership and commitment to fighting indolence in the Judiciary since the time she assumed office, assuring all that his administration would continue to support the Judiciary to deliver quality service to Lagosians. In her remarks, Justice Oke, while congratulating the new Judges on attaining the pinnacle of their career, noted that their appointments had come at a time where there is a lot of work to be done, urging them to brace up to face the task head on. “As a matter of fact some of my colleagues were asking if the Governor didn’t have a candidate, I said No, that he didn’t even call me for a second over this. We are proud of you Sir”, she said. She also thanked the Governor for his unflinching support and passion, to see the smooth operation of the Judiciary, noting that under his administration, the Judiciary has thrived and has continued to remain at the top across the country.

Jumbo Pay: Lawyers Drag AGF, NASS, RMAFC to Court Two Lawyers, Monday Ubani and John Nwokwu, have dragged the Attorney- General of the Federation, Revenue Mobilisation Allocation and Fiscal Commission, RMAFC, the Senate and House of Representatives, before a Federal High Court in Lagos, over huge salaries, allowances and remunerations being collected by National Assembly members. Also joined in the suit which was filed on Thursday May 3, 2018, is the National Assembly

Service Commission. In an originating summons filed before the court, the two Lawyers are asking the court to determine whether by the relevant Sections of the 1999 Constitution of the Federal Republic of Nigeria, the National Assembly members, have the power to fix their salaries, wages, remuneration or allowances. The Lawyers are also asking the court, to determine whether RMAFC can delegate its power

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08.05.2018

Army 38: Court Upholds Cols. Hassan, Suleiman’s Legal Challenge Against Compulsory Retirement Akinwale Akintunde The National Industrial Court of Nigeria (NICN) sitting in Abuja, has ruled that Col. Danladi Ribah Hassan (Rtd) and Col. Mohammed Auwal Suleiman (Rtd), have substantively complied with the Section 178 of the Armed Forces Act, and are therefore, entitled to challenge their compulsory retirements from the Nigerian Army. Justice Sanusi Kado, gave these rulings in two separate suits last week, following the preliminary objections filed by the Nigerian Army against the suits filed by the embattled Officers, challenging their retirements. Hassan and Suleiman are 2 out of the 38 Officers of the Nigerian Army, challenging their forceful retirement, citing injustice, lack of due process, and fair hearing. The two Officers, had in their separate suits before the court, prayed for their reinstatement into the Nigerian Army, stating that their compulsory retirement, did not follow due process and procedure. Other Defendants in the suit are the Nigerian Army Council, Chief of Army Staff, Armed Forces Council, Chief of Defence Staff, Attorney-General of the Federation, Minister of Defence, and Maj. Gen. Mohammed Hong Garba. The Nigerian Army and other Defendant/ Applicants, through their Lawyers, Messrs Emmanuel Onoja and Moses Ukachukwu in the two separate suits, have in their preliminary objections to the suits, asked the court to strike out the suits for being incompetent. The Defence counsel, prayed that the suits should be struck out, on the grounds that the condition precedent to institute the suits by the officers, as stipulated in the Armed Forces Act, Cap. A20 Laws of the Federation 2004, has not been complied with. And that the suits disclosed no reasonable causes of action against the Defendant/Applicants. In arguing the applications in both suits, Onoja and Ukachukwu, counsel for the Defendants

in the two separate suits, referred the court to Section 178(1),(2) and (3) of the Armed Forces Act, and submitted that the section provided for a condition precedent that must be fulfilled, before instituting an action against the Defendants. The Defence counsel in both suits, also cited the case of AKINTOKUN v IPDE (2014) and EGUAMWENSE v AMAGHIZEMWEN (1993), where the Supreme Court held that, where a statute prescribes a legal line of action for determination of an issue, be that administrative matter, chieftaincy matter or matter of taxation, the aggrieved party must exhaust all the remedies in the law, before going to court. Specifically, Onoja, Defence counsel in Col. Hassan’s suit, contended that in the case of ARIBISALA v OGUNYEMI (2005), the Supreme Court maintained that the Constitution is not an open gate for courts to assume jurisdiction in all subjects. On issue two, Onoja submitted that, a cause of action means a combination of circumstances, giving rise to the right to file a claim for remedy in court. He added that, such circumstances, include every material fact which is necessary to be proved, to entitle the Plaintiff to succeed. Counsel further submitted that, the determinant of a cause of action, is the claim before the court. Onoja submitted that in the entire 41 paragraphs of statment of facts filed by the Claimant, there are no material facts contained therein, which if proved, will entitle the Claimant to judgement in his favour. According to Onoja, what is apparent from all the averments of the Claimant, was a mere complaint of his compulsory retirement from active service. He argued that, the Claimant failed to bring out what his tenure of office was, which retirement has cut short. He submitted that, the Claimant did not state the injury suffered, as a result of the premature retirement. In concluding his submission, Onoja urged the court to strike out the suit for being premature, incompetent, and for want of jurisdiction.

In opposing the Defendants application, the Claimant through his lawyer, Olayinka Adedoyin, filed a 17 paragraphed counter-affidavit, wherein he stated that vide the content of his letter of compulsary retirement dated June 9, 2016, he was retired based on disciplinary grounds of serious offences. The Claimant also stated that, the letter of compulsory retirement conspicuously stated that, he may appeal to Mr. President, Commanderin-Chief of the Armed Forces, through the Chief of Defence Staff, within 30 days of the service of the letter of compulsory retirement. He further stated that, he wrote to the President, Commander-in-Chief of the Armed Forces, through the office of Chief of Defence Staff within 30 days of the service of the letter of compulsory retirement, and the said letter was acknowledged vide a letter dated August 8, 2016, staing that the appeal is receiving attention. The Claimant also stated that, after the expiration of the 30 days of compliance with the content of the letter of compulsory retirement, and over three months after he was wrongfully retired, he was left with no option than to seek redress, in a competent court of law. According to the Claimant, he has exhausted the channel or avenue for resolution of his grievance, by appealing to the President and Commander in Chief of the Armed Forces, who is the height of where all military authority lies. Counsel to the Claimant submitted that, contrary to the submissions of the defence counsel, Sections 178(1), (2) and (3) of the Armed Forces Act, was cited out of context. He contended that, the court cannot rely on Section 178 of the Armed Forces Act as advocated by the Defence counsel, because the Section does not apply to his client who was not an officer any longer, as at the time his letter of retirement was handed over to him. According to him, the said Section, refers to “Officers” in the employment of the Nigerian Army, adding that by virtue of wrongful termination, the Claimant ceased to be an Officer with

the Nigerian Army. Adedoyin therefore, urged the court to discountenance and dismiss the Defendant’s application, with punitive cost. The positions were also argued by Adedoyin in the suit filed by Col. Suleiman. Giving his judgement after carefully and painstakingly perusing the contents of the originating processes in both suits, Justice Kado examined the provisions of Section 178 of the Armed Forces Act. The Judge held that, the provisions of Section 178 of the Armed Forces Act, which requires an aggrieved person to follow the procedure laid down, is mandatory. “It is also clear from the provisions of Section that, exhausting those remedies are condition precedent to the exercise of this court’s jurisdiction. “In my humble view, the issue in dispute between the parties in respect of Section 178 of the Armed Forces Act, is the issue of compliance or non-compliance with condition precedent. To Defendants, the letters written by the Claimants in the two suits to the President, Commanderin-Chief of the Armed Forces of the Federal Republic of Nigeria, seeking for redress against retirement (which is part of the documents to be relied on at the trial), is not enough to constitute compliance with the condition precedent stipulated in Section 178 of the Armed Forces Act. While to the Claimants, the letter of June 22, 2016 in the case of Col. Hassan and June 23, 2016 in the case of Col. Suleiman, written to the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria in compliance with paragraph 09.02(e) as required, vide letter of compulsory retirement dated June 9, 2016”, the Judge added. In his ruling, Justice Kado relied on the Court of Appeal decision in the case of ADHEKEGBA v MINISTER OF DEFENCE (2013), adding that the Appellate Court considered the provisions of Section 178 of the Armed Forces Act and

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Legal Personality of the Week Kofoworola Bamgbose

‘A Good Lawyer Must Have the Ability to Empathise’ My name is Kofoworola Bamgbose. I am a wife and a mother. I have been practising law for the past eight years. Prior to being called to the Nigerian Bar and upon completion of my undergraduate degree at Cardiff University, U.K., I worked at a major UK law firm - Eversheds LLP, Cardiff for eight months. Shortly after my stint in the U.K., I returned to Nigeria, and enrolled in the Nigerian Law School. I was called to the Bar in 2010, and subsequently worked at a sole proprietorship for 2 years. On a quest for better exposure, I decided to join a leading law firm in Nigeria – ÆLEX – where I have been for the past 5 years. I am presently a member of the firm’s Energy & Natural Resources, Environment, Corporate/ Commercial, and Labour & Employment practice groups. In the course of being at ÆLEX, I have had the opportunity of working on several transactions, undergoing a secondment at a major IOC, actively contributing to the Firm’s publications, and spearheading a “Learning Session” initiative within the firm. I recently had the honour of being ranked as a Next Generation Lawyer (Energy & Natural Resources) by Legal 500 – an International Legal Directory. I am a member of the Association of International Petroleum Negotiators, and the International Bar Association. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? I think the challenges I sometimes face (even though very rare), are on days where I have competing family and work demands, which force me to prioritise one over the other. What was your worst day as a Lawyer? I can trace my worst day as a Lawyer, to a time when I had just completed orientation camp of the NYSC Programme. I was posted to a major law firm in Nigeria, as my place of

Kofoworola Bamgbose

primary assignment. Of course, upon seeing the posting letter, I was so excited to finally get a chance to experience how law is practised in a big law firm in Nigeria. On getting to the Firm, I was told that since I was yet to be called to the Bar, the Firm had rejected me, and I was thereafter, given a rejection letter. As you can imagine, I was completely devastated. That single act of rejection made me feel like I was being rejected from the entire practice of law! Unbeknownst to me, this disappointment would turn out to be the proverbial ‘blessing in disguise’! Upon taking my rejection letter to the Headquarters of the NYSC, I was re- posted to the Legal Department of a major IOC, in a manner that could only be described as a miracle from God! What has been your most memorable experience as a Lawyer? This would have to be the nearly two years’ experience I had, while on secondment to one

of the major IOCs from ÆLEX. It was an invaluable experience on all fronts. As part of the legal team of the said IOC, I had the opportunity of working with mature legal minds, both in age at the Bar and portfolio of experience.

to study Law at the University, I came to a realisation that, being a Lawyer it is one of the only professions in which, as a result of proffering advice or preparing briefs, you develop some knowledge (no matter how little) about everything! I think this was the final selling point for me!

Who has been most influential in your life? There have been several influential people in my life. I don’t think I would do this question justice by only mentioning one person! Of course, my first answer will be God. He has truly been with me in every step of my career, and has played the biggest part in my career as a Lawyer. Navy Commander Daniel Soetan (Rtd) and Mrs. Francisca Soetan, my Parents, have been a major source of support. My husband, Mr. Olumide Bamgbose, has also played a major role, in where my career is today. He has always done what was required (even when inconvenient), to ensure that my career progressed, and no obstacle stood in my way. My best friends from College and University- Mrs. Nkechi Adimora and Mrs. Chinyelu Onuotu, have also played a major part in my career progression. Undoubtedly, the Partners at ÆLEX, especially Mr. Soji Awogbade (Partner, Energy & Natural Resources Practice), have all influenced my career, the direction it has taken, the opportunities given to me, where I am today and where I hope to be in future.

What would your advice be to anyone wanting a career in Law? A good Lawyer, needs to acquire the ability to empathise. Put simply, you need to be able to put yourself in the client’s shoes – thinking of yourself as a client, a businessman, the MD of a company, etc. How will your legal advice, affect that business, solve a problem or impact returns? Also, taking a practical lesson from my secondment experience, I would advice young Lawyers – don’t see yourself as merely a Lawyer, who is expected to know all the laws in Nigeria, and all the decisions of the courts from decided cases. Being a Lawyer, is very different from being a law student. Be ready as a Lawyer, to actually solve problems with the advice that you give. Most clients are not looking for someone who will regurgitate the provisions of the law to them, but rather someone who will assist them in solving difficult and often complex issues. Finally, in your practice of Law, do not compromise on your integrity and standards – this is part of what makes a good Lawyer stand out.

Why did you become a Lawyer? Honestly, at first, it was my love for reading from when I was as young as 5 years old. My parents had already tagged me then as a Lawyer. This, I think, spurred me on to become a Lawyer. Growing up, I also fell in love with the prestige and nobility of the legal profession, which was often portrayed in many of the legal dramas I would watch. When I enrolled

If you had not become a Lawyer, what career would you have chosen? I probably would have explored a career in Human Resources. Where do you see yourself in ten years? In ten years, I hope to be a recognised professional in oil and gas law. I also see myself, playing an important role in mentoring younger Lawyers.

08.05.2018

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INSOLVENCY DISCOURSE DR. KUBI UDOFIA

k.udofia@live.com

Treatment of Insolvency in Corporate Groups: The Single Economic Entity and The Separate Legal Entity Arguments

C Introduction

orporate group structures may sometimes be complex, with vast networks of interconnected subsidiaries. Large companies with diverse business interests, often adopt corporate group structures for strategic reasons. These may range from regulatory, governance, profitability, expansion, diversification, risk mitigation to accounting and tax advantages. Group structures, also pose unique challenges to companies. Intra-group co-mingling, sharing and transfer of assets, obligations and liabilities, often blur the separate legal personalities of companies. This has actuated attempts at treating corporate groups as single economic entities, as opposed to recognising the separate legal existence of companies in groups. This write-up examines the single economic entity, and the separate legal entity arguments in the context of insolvency in corporate groups. It also briefly examines the recent dispute between Ecobank Plc and Honeywell Group. Separate Legal Entity A fundamental principle of corporate law, is that an incorporated company is separate from its members: SALOMON v SALOMON (1897) 1 AC 22. The fact that a parent has a controlling number of shares in a subsidiary, is not synonymous with ownership. The separate legal existence of the subsidiary remains intact, so long as it has been incorporated: ASO MOTEL KADUNA LTD v DEYEMO (2006) 7 NWLR (Pt 978) 87 at 112E-H. A company’s shareholders, are covered by the company’s veil of incorporation: CHARTERED BRAINS LTD v INTERCITY BANK (2009) 15 NWLR (Pt 1165) 445 at 462A-G. Subject to few exceptions, the law will not permit one to pierce the corporate veil or disregard the company’s separate personality: FDB FINANCIAL SERVICES LTD v ADESOLA (2000) 8 NWLR (Pt 668) 171 at 183H-184A. Accordingly, a subsidiary company has its own separate legal personality, and its acts cannot be imputed to the parent vice versa: BULET INT’L LTD v OLANIYI (2017) 17 NWLR (Pt 1594) 260 at 293A-B. Further, a subsidiary’s assets and liabilities, are separate from those of its parent and affiliates. Single Economic Entity The single economic unit argument, is premised on the ground that, some corporate group structures are difficult to untangle so as to ascertain individual transactions, assets and liabilities of companies in the group. Consequently, economic and commercial realities, require the treatment of such corporate groups as single economic entities generally or for specific purposes. This entails piercing the corporate veil. However, it falls outside the well- established grounds for piercing the veil. English courts have applied the single economic unit approach, sparingly. As observed by Slade LJ in Adams v Cape Industries Plc (1990) BCLC 479 at 513, it appears that the cases turned on the wordings of statutes or contracts in issue. In Harold Holdsworth & Co Ltd v Caddies [1955] 1 All ER 725 at 738, Lord Reid held that, the construction of a service contract showed that Caddies, who had entered into a service contract with a company as its Managing Director, was also required to provide services to the company’s subsidiaries. In DHN Food Distributors Ltd v Tower Hamlets (1976) 3 All ER 462 at 467 Denning MR treated a group of three companies as a single entity, for the purpose of claiming compensation for loss of the subsidiary’s business, due to a compulsory acquisition order. Significantly, Goff LJ in his judgement (at p.468) stressed that the approach turned on the facts of the case, stating that the corporate veil will not be pierced in all cases involving corporate groups. English courts have generally, declined adopting the single economic unit approach. In Bank of Tokyo v Karoon (1987) 1 AC 45 at 64F, the court stated that it was concerned with law not economics. In Ord v Belhaven Pubs Ltd (1998) 2 BCLC 447 at 457-8 the court refused to apply the approach to replace a Defendant with its parent and another subsidiary. In Linsen Int’l Ltd v Humpuss Sea Transport Ltd (2011) 2 Lloyds Rep 663 at 672[38- [39], Flaux J observed that English courts had consistently resisted the single economic unit argument, and held that, closeness of companies in a group and control of management, are not enough to justify disregarding their separate personalities. In Adams v Cape Industries Plc (supra) 479 at 508 Slade LJ restated the separate personality principle, and

stated that, there was no general principle that companies in a corporate group must be regarded as one. The position in Nigeria is similar. In Union Beverages Ltd v Pepsicola Int’l Ltd (1994) NWLR (Pt 330) 1 at 16C-E, A sued R1 (a subsidiary of R4) for termination of a franchise agreement which was between A and R4. Adio JSC stated that, there was no legal basis for suing R1 for what R4 had done, given that a subsidiary company has its own separate legal personality, and its acts could not be imputed to the parent. In Kanu, Sons & Co Ltd v FBN Plc (1998) 11 NWLR (Pt 572)116 at 129F-G the court emphasised that, a holding company and its subsidiaries were separate legal persons with separate assets. The court further stated that, recourse could not be made to a subsidiary’s assets, for the purpose of ascertaining the financial viability of the parent or its capacity to liquidate a debt. Insolvency in Corporate Groups Section 567 of Companies and Allied Matters Act, 1990 (CAMA) has separate definitions for “company” and “holding company”. Winding-up provisions in Part XV of CAMA, apply only to companies not holding companies. Commencement of winding-up proceedings for a company in a group, does not entail the automatic winding-up of other entities in the group. In practice, due to the interdependence of entities in a group, insolvency of an entity in a group, may lead to a contagion. Where more entities in a group are insolvent, the proper procedure is to commence separate insolvency proceedings. The separate personality approach, does not provide foolproof protection to solvent affiliates in the group. Insolvency proceedings, may trigger cross-default contract clauses of solvent affiliates. A liquidator may enforce guarantee obligations against solvent affiliates, which may result in additional insolvency filings. Affiliates may be exposed to liabilities associated with insolvency proceedings, such as fraudulent preferences and trading: Sections 495 and 506(1) of CAMA. Creditors may look to solvent affiliates

“THE SEPARATE PERSONALITY APPROACH, DOES NOT PROVIDE FOOLPROOF PROTECTION TO SOLVENT AFFILIATES IN THE GROUP. INSOLVENCY PROCEEDINGS, MAY TRIGGER CROSS-DEFAULT CONTRACT CLAUSES OF SOLVENT AFFILIATES”

to satisfy the insolvent’s obligations, by seeking to pierce the corporate veil, holding solvent affiliates as shadow directors or disclosed principals, bringing tort claims for inducement of breach of contract, negligence, deceit etc. There appears to be no English or Nigerian case law, where the single economic unit approach was applied to insolvency proceedings relating to a corporate group. This is not surprising, given that the approach is unknown to the corporate laws of both jurisdictions. In In re Southard & Co Ltd (1979) 1198, Templeman LJ stated that even where a subsidiary declined into insolvency, the parent and other subsidiaries may “prosper to the joy of the shareholders, without any liability for the debts of the insolvent subsidiary.” The Ecobank Plc/Honeywell Group Dispute An issue which arose from the recent dispute between Ecobank Plc (Ecobank) and Honeywell Group (Honeywell), was the treatment of alleged insolvency within Honeywell Group. Honeywell’s subsidiaries (Anchorage Leisure Ltd, Honeywell Flour Mills Plc and Siloam Global Ltd) obtained facilities from defunct Oceanic Bank Plc (acquired by Ecobank in 2011). Honeywell (on behalf of its subsidiaries), negotiated for the settlement of the debt resulting to payment of N3.5bn to Ecobank. While Honeywell claimed N3.5bn was agreed as full and final settlement of the debt, Ecobank claimed it was part-payment of the original N5bn debt. Following the dispute, Ecobank, at different times, filed winding-up petitions against Honeywell Flour Mills Plc (FHC/L/CP/1569/2015) and (FHC/L/CP/1689/2015), Siloam Global Services Ltd (FHC/L/CP/ 1572/2015), Anchorage Leisures Ltd (FHC/L/ CP/ 1570/2015) and Honeywell (FHC/L/CP/ 1571/2015). Honeywell wrote petitions to the leadership of the Nigerian Bar Association (NBA) and the Legal Practitioners Privileges Committee (LPPC). In the petitions, Honeywell accused Ecobank’s counsel, Mr Kunle Ogunba (then an SAN), of instituting “multiplicity of proceedings before different Judges of the Federal High Court on the same subject-matter” with the aim of abusing the court’s processes. While the NBA absolved Mr Ogunba of wrongdoing, the LPPC found him culpable and withdrew his rank and privileges. The NBA hinged its decision on the ground that companies were separate legal entities, notwithstanding having common directors. This position is plainly correct. Given that the original debts were separately owed by three different companies in Honeywell, a single winding-up proceeding against Honeywell would have been incompetent. It is however, unclear if, during negotiations leading to the payment of N3.5bn, there was a novation of the debts of the three entities to Honeywell, which negotiated on their behalf. If this was done, Ecobank ought to have filed a single winding-up petition against Honeywell. Conclusion The separate legal personality principle, is fundamental in corporate law. Corporate group structures, are no exceptions to this principle. Each entity in a group, must be treated as a distinct entity for the purposes of insolvency proceedings.

8/COVER

08.05.2018

Dr. Chidi Anselm Odinkalu

‘Buhari’s Handling of Herdsmen Killings is Worse than Abysmal’ In a country where the voice of dissent is fast fading, even in the face of obvious human rights violations, it takes rare courage and audacity to speak up from the trenches. Dr. Chidi Anselm Odinkalu, former Chairman, National Human Rights Commission, has remained consistent soldering on for a just Nigeria. He was a Jeremiah Smith Jr. visiting Professor of Laws at the Harvard Law School in Cambridge, Massachusetts, and Brandeis International Fellow at the International Centre for Ethics, Justice and Public Life at the Brandeis University in Waltham, Massachusetts. He spoke to Onikepo Braithwaite in a chat last Thursday, on issues including President Buhari’s handling of the Herdsmen Crisis, the unapproved purchase of the Tucano Aircrafts, the NBA and IPOB

R

ecent developments in the polity, have called into question the very basis of Nigeria’s continuous unity as a Federation. As a result of the continuous bloodbath in the Middle belt, thousands of human lives have been wasted by either Boko Haram insurgents, Fulani Herdsmen and ‘Mercenaries from Libya’, as alleged by the President. This has further confirmed the fears of Nigerians, that not only is the Security situation in the country on a rapid decline, Nigeria is in a state of anomy. What is your suggested panacea to these hydra-headed problems?

“WE HAVE A PRESIDENT WHO, RATHER THAN REGRET THE INDISCRIMINATE KILLING OF HIS OWN FELLOW CITIZENS IN DIFFERENT PARTS OF THE COUNTRY, IS HAPPY TO SAY IN TARABA STATE AND TO VOA HAUSA SERVICE (IN WASHINGTON DC, NO LESS), THAT MORE PEOPLE HAVE BEEN KILLED IN ONE PLACE THAN THE OTHER, AS IF THAT KIND OF MAKES THE KILLINGS OK.... THIS IS BEYOND IRRESPONSIBLE”

The bloodbath is not just in the Middle-Belt. Much of Zamfara State in the North-West, has been under the control of murderous bandits for yonks. Birnin- Gwari in Kaduna, has been bleeding too. The Zaria Massacre involved the mass killing and mass disposal of Shi’ites by Nigerian soldiers, without consequences. Many IPOB members in the South- East have equally been summarily executed, also without consequences and Nnamdi Kanu is presently unaccounted for. No one seems able to say whether he and his family (including his Father) are alive, dead or merely missing. They have “disappeared”, almost certainly involuntarily. I prefer the expression “Benue Valley” to “Middle Belt”, because the Benue River Valley in Nigeria covers the area from Bachama land in to Idoma-land in Benue South, taking in Plateau, Nassarawa and indeed, parts

08.05.2018 “FOR GOVERNORS WHO THINK MENINGITIS IS CAUSED BY FORNICATION FROM ONE PART, THERE ARE ALSO GOVERNORS WHO GO AROUND MOULDING AND DISPLAYING STATUES OF ANYTHING THAT MOVES IN OTHER PARTS!”

of Cross River North. I am not sure anyone, could possibly have any magic bullet for Nigeria’s predicament. I surely don’t. That said, I am also of the view that the handling of the situation by the President and his team, has been worse than abysmal. There is no coherent diagnosis of what is going on. The official narrative appears to shift with dizzying rapidity, depending on which side the corterie around the President chooses to wake up on. We have been told that, this is the job of foreigners; pre-civilisational herdsmen who are not entirely au fait with the demands of modernity or the reality of a Nigeria; or stragglers from the arms bazaar that ensued from the death of Ghaddafi. The Defence Minister has appeared to defend the killings as necessary, because farmers allegedly interfered with traditional grazing routes, and at other times, he and others have suggested that the adoption of laws against open grazing by some States, is the reason. We have a President who, rather than regret the indiscriminate killing of his own fellow citizens in different parts of the country, is happy to say in Taraba State and to VOA Hausa Service (in Washington DC, no less), that more people have been killed in one place than the other, as if that kind of makes the killings ok. There is no way to put a spin on this, in my little world: This is beyond irresponsible. So, this means that whatever the difficulties are, Government cannot be trusted as an even-handed arbiter in the problem. That compounds the search for solutions, and makes it unlikely that we can get there anytime soon, surely not on this side of the election cycle. Tragically, things could get worse. Did the President breach the Constitution, or do you share Festus Keyamo’s application of the Doctrine of Necessity in the justification of the unappropriated expenditure of almost Half a Billion Dollars in the purchase of Tucano Jets by President

COVER/9 Buhari? The Senate is said to be making moves to commence Buhari’s impeachment. What is your take on this? First, I should disclose that Festus is a comrade and brother, for whom I have huge respect generally. I did watch his argumentation on this, on Channel TV’s Politics Today Programme, with considerable astonishment though. What I could not quite explain or comprehend was this: he began by saying that the issue of procurement of these Tucano Jets had been on the table, since the time of President Jonathan (by the way) who left office nearly three years ago. It means that this administration has had ample time and notice, to deal with the issue. To attempt, therefore, to explain away with reference to necessity, its choice of unappropriated expenditure as the route to resolving this capital procurement, is bizarre at best and clearly a misrepresentation of the doctrine of necessity. Of course, it would not be the first time that the doctrine has been misapplied here, but this would be an extraordinary example of a Hail Mary pass. Whether or not this is a matter for impeachment, however, is not my belliwick really. The decision as to what constitutes impeachable misconduct, is entirely political within the purview of elected parliamentarians, at any point in time. I am not one of them. I am confident that between them, the Chief Justice whom the Constitution gives a role in the process, and the courts who have oversight of it should that arise, that question will be adequately answered. Would you say that Nigerian youths are actually lazy, in a country that hasn’t offered them quality and affordable education, and almost no jobs at all? The Vice-President, Professor Yemi Osinbajo, SAN, has adequately and in detail, answered this question in his remarkable appearance on May Day at the Platform. I am not sure anything I can say now can rival or better what he said, or the brilliance with which he made the point. I should say personally, that my own source of optimism about Nigeria, is entirely in our young people. If this country is going to make progress, it is because they have the resources to provide for themselves and for us all, answers to awkward questions that their forebears like you and I don’t have the capacity or will to contemplate or address. Nigeria is a place in which refusing to confront such issues, is seen as good manners, and doing so is rewarded with meaningless Brownie points, that make no net contribution to our collective wellbeing. Your appointment as Interim Chairman of the Nigerian Bar Association’s Section on Public Interest and Development Law, was received with cheers. What are your plans to revive that important Section of the NBA?

I have had a long history with SPIDEL, right from its creation under the Presidency of Olisa Agbakoba, SAN in 2006. The remit of an Interim Chairmanship, is very limited. It’s important to be factual about some background stuff. JK Gadzama, SAN worked hard as the pioneer chair of the Section, and put it on the map. Victor Nwakasi was the Secretary then, and I was the pioneer Co-ordinator for the Section, in its first four years until 2010. Thereafter, it appears to have suffered some loss of momentum. So, our goal at the moment, is to reconstitute the Governing Council of the Section, and give it a sense of direction. It’s a limited goal. We’re working on getting basic membership and affiliation data, and then convening a meeting over the next 50 days, at which new leadership can be instituted. For the record, those of us on the interim leadership, will be precluded from running for office in the new leadership. Anyone in the interim leadership who wants to run, will be obliged to stand down. There have been some other steps, which are not too well advertised. For instance, the Section has intervened as amicus in some important court proceedings. In the education sector, serious concerns have been raised about the very wide disparity in the admission requirements of entrance examination into Federal Government Colleges. The umbrella body of the Old Students Association of these schools, of which you are National President, doesn’t seem to have shown nor expressed any concern over the worrisome situation, where the pass mark for some in the Northern States is as low as 15%, while in other States like Imo, it is as high as 65%. How can this gap be bridged? I should say several things here. First, I should clarify that, I concluded my term as President- General of the Unity Schools Old Students Association (USOSA) last month (April), and I am not seeking any re-election. Second, voluntary associations like USOSA, are not substitutes for education policy making in Government, and cannot replace those where they are incapable. My personal view at the moment, is that the Federal Ministry of Education is not under particularly outstanding leadership. Now, thirdly, as a person, I am not opposed to Federal character, as a principle. I would argue, however, that Federal Character is not an excuse for promoting mediocrity, or for lack of standards. The implicit suggestion that somehow any particular part(s) of Nigeria have monopolies of ability or intellect, is clearly unfounded in both experience and evidence. No part of Nigeria, also has a monopoly of irresponsible leadership either. For Governors who think Meningitis is caused by fornication from one part, there are also Governors who go around moulding and displaying statues of anything that moves in other parts! I don’t believe we necessarily have ability gaps, but we have educational access gaps between Southern and parts of Northern Nigeria, and they appear to be deepening in many places. Redressing those, will take a combination of targeted investment, policy innovation, and time- bound affirmative action. But affirmative action also needs to be monitored and at the moment we don’t. So, instead of advertising their attainments in education, States fall over one-another to claim to be “educationally disadvantaged”. That sucks! As Chairman of National Human Rights Commission (NHRC), you were said to have operated in a rather constraining environment, where you were either deliberately starved of funds, or deprived of the basic necessities and infrastructures to work. Share with us your experience, working as Chairman of that foremost Human Rights Institution. What aspects of the law would you recommend be amended, to make it fulfil the crucial role the founding fathers envisaged? I am not one for reflex amendments of law, that has not been adequately bedded in. The 2010 NHRC Amendment Act, is operating at less than 25% of capacity. Let’s try and optimise it first, before talking about amendment. Look, there are no perfect human rights situations. Advancing human rights anywhere, is always incremental. That is also the story of my own experience, in my time at the NHRC. Was my situation more constrained, than my predecessors? No. In many ways, mine was better. We got much more money than my predecessors got, to increase staffing for instance. That meant at some level the politicians got their family members and other relatives hired in some cases, but we got some people in objectively. Yes, programming money was not always as much as we would have liked, but that was system-wide, not specific to the Commission. And my view was always that, the business model of the Commission, could not be successful if it relied entirely on Government for its programming funds. So, for activities like the Electoral Impunity Project, for instance, we had to mobilise the resources. The improvement in the public standing of the Commission, meant that we had ready partners and philanthropies, willing to CONTINUED ON PAGE 10

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‘BUHARI’S HANDLING OF HERDSMEN KILLINGS IS WORSE THAN ABYSMAL’ support us with resources. The NHRC Act allows that. My own experience is that, President Jonathan was personally very supportive of the NHRC. I went to him sometimes with very difficult requests, on occasion, against his own Service Chiefs and he backed me. Those are the facts. That, of course, did not necessarily make my life very easy, I must admit, but it was the nature of the job. Someone had to do it. There is a sense, in which my tenure was somewhat different. My predecessors, were all retired Justices of the Supreme Court, in their late 70s and early 80s. They had accomplished a lot. When I became Chairman, I was closer to half the age of each of my four predecessors and, probably also, was widely seen as also closer to half of their attainments. That was a source of both peril and promise. On the peril side, I believe lots of people believed (and some told me as much), that I was too young and seen as too headstrong. Efforts were made to remove me, before I even got on the job properly. On the promise side, it also meant that I could be a little more impatient than my predecessors. Sometimes, it got me in trouble. Most of the time, it meant I got away with things my predecessors and most of both my Staff and Council members, thought impossible. On the whole, I would not have wished it any other way. Some are saying that the NHRC seems to have faded into oblivion. Is there any justification for this allegation? There have been claims of human rights violations all over the place - the IDP Camps, against the Army in the North East, against SARS in places like Rivers and Bayelsa States, yet the NHRC seems to have remained silent and not taken any action. Kindly, comment on this. I have done my time in the NHRC, and I have moved on. I am comfortable for people to take a view of my tenure, but I am not sure that it is necessarily prudent for me to take potshots at the Commission right now. The tenure of my own Governing Council ended on 7 December, 2015. That is nearly 30 months ago. In that period, our successors have not been designated, nominated or appointed. There are powers in the NHRC Act that can only be responsibly exercised by the Governing Council. A substantive Executive Secretary, has only been installed in the past week, nearly two years after the last one left. This is not a satisfactory situation, and is clearly a contributor to the situation implied in your question. It is on record, that you fought fearlessly and tirelessly for NBA to adopt universal suffrage in its election to national offices. Eventually your wish came true, but as witnessed in the last election, it came with some imperfections. What would you suggest be changed or tinkered with, to ensure that every Nigerian Lawyer votes and his/ her vote counts? Yes, I did, and I am proud that Austin Alegeh, SAN, as President of the NBA, finally heeded the advocacy and returned us to One-Lawyer-One-Vote (OLOV). The old delegate system, was beyond flawed. It was terribly corrupt. Delegates asked for and got plied with lots of things, for their votes – money, appointments, in some cases I know of, even commercial sex. It was honestly disgusting. The Electronic Voting System (EVS) under the OLOV, is not necessarily going to be perfected in one sitting or two, nor will it necessarily be devoid of attempts to suborn it, but I am confident that, it’ll be easily less prone to the seediness that was inherent in the delegate system. You are a serious crusader for a corruption-free Bar and Judiciary in Nigeria. A Senior Advocate of Nigeria and an intellectual, has just been convicted and sentenced to 30 days in prison without option of fine. Some have argued that Dr. Nwobike, SAN was just a scapegoat, while others argue that the 30 days

sentence is too light. On which side of the divide are you? Especially given the fact that, quite a number of other SANs and senior Lawyers, are being tried for corruption. Do you think the decision in Justice Nganjiwa’s case will help or impede corruption in the Judiciary and the Nigerian Legal System as a whole? No system, can prosecute all the cases of wrong doing within it. In that sense, every convict is a scapegoat, you could say. The 11th commandment is, “Thou shall not be caught.” There is no excuse for this business of Lawyers bribing Judges. Period! Do I have sympathy for anyone convicted of doing that? No. Should more people be convicted? Well, there are many more cases, working their way through the courts at the moment. Let the process run its course. For the moment, I would rather compliment the professionalism of the Judge who sat on the case involving this SAN. I am sure that, she must have been under considerable pressure. It’ll also be useful to await the response of the Legal Practitioners’ Disciplinary Committee. Will they act to follow up on this conviction? You may recall that Tafa Balogun, the former IGP who was convicted of mass plunder of Police resources, is also a senior Lawyer. But he is still on the Roll, and the LPDC never did anything to discipline him or his ilk. Meanwhile, there are also cases that have not yet been prosecuted. There is a Judge of the National Industrial Court, being prosecuted for having received bribes from a slew of SANs, who, however, are not yet being prosecuted and, indeed, one of the SANs from whom he is said to have received these criminal payments in the proofs of evidence, is said to be running for Presidency of the Bar. That should give you a measure, of how seedy we have become as a Bar. Some of my friends in other Law Societies, in and beyond Africa, who have read the story initially accused me of making it up. I had to send them the article by this SAN in his own words, before they could believe me. One of them said: “Only in Nigeria!” Clearly, that wasn’t intended as a compliment. How well has the Buhari Administration fared, in achieving his 3-pronged campaign promises, that is, the fight against corruption, revamping the Nigerian economy and security? Even though Buhari has the constitutional right to seek for a second term, critics have advised that he should not, given the state of his health and the poor performance of his Administration so far. Kindly, comment on this. President Buhari, has a constitutional

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entitlement to a second term, obviously. It is up to him to choose to exercise it, and up to Nigerians to form a view of his decision, should he present himself. I am no substitute, for the views of Nigerians at the polls. All that each and all of us can do, is to work to ensure that if and when that time comes, the process is credible, and the outcome reflects the will of the people truthfully. If that happens, then the voters can live with the consequences of their choice. As for how he has fared, I believe I have already given you a sense of that, in response to your very first question on security. For me arguably the biggest failing of President Buhari, is in his sense of entitlement. His supporters are fond of telling us about his “Body Language”. Guess what? President Buhari’s body language, speaks to a person who believes he is doing Nigerians a favour. You see that in the way he fails to show up, when he should; in the way he refuses to address Nigerians on the work of his administration, and in the way he talks the country down outside our shores. He is the first President I know, who has made that a habit. Then he will ask Nigerians to be patriotic. How he expects that to happen, I don’t know, when he sells us so short wherever he shows up outside the country. Can the National Assembly amend Section 25 of the Electoral Act to change the election sequence? I do have personal views on that, and my views are not exactly the orthodoxy of the day. However, that matter is currently before the courts and I will consider it prudent to allow the courts to do their work. Going by the globally accepted definition of a Terrorist Organisation, do you believe that IPOB qualified to be proscribed as one? Some are saying that since IPOB’s proscription, the clamour for Restructuring has practically faded into obscurity. Do you agree? What are your views on our 1999 Constitution and Restructuring? These questions, could easily form the subject of multiple Ph.D dissertations. It is difficult to dispose of them in one sit down. As a matter of law, it is doubtful whether there is actually a “universally accepted” definition of terrorism as such. When you look at say Article 2 of the International Convention for the Suppression of the Financing of Terrorism (1999) at the UN level which defines terrorism and contrast it with the AU Convention on the Prevention and Combating of Terrorism (1999), it is clear that there are significant differences. Article 3 of the AU Convention, for instance,

“DO I NECESSARILY BELIEVE THAT THE IPOB QUESTION HAS BEEN EQUITABLY ADDRESSED? NOT AT ALL! I ALSO BELIEVE THAT THE CURRENT ADMINISTRATION, HAS CARRIED ON IN A MANNER THAT HAS DEEPENED DIVISION MORE THAN AT ANY OTHER TIME, SINCE THE END OF THE NIGERIAN CIVIL WAR”

excludes “liberation or self- determination” movements, from the label of ‘terrorism”, when the UN Convention doesn’t. There are legitimate intellectual and policy questions, therefore, as to whether or not IPOB can be classed as a self-determination movement within the purview of Article 3 of the AU Convention. That is the kind of issue a Ph.D is suited for, but I’m not inclined at this time to pursue another dissertation on that subject. Do I necessarily believe that the IPOB question has been equitably addressed? Not at all! I also believe that the current administration? has carried on in a manner that has deepened division more than at any other time, since the end of the Nigerian civil war. The President, it seems clear, was honest with his 97% vs 5% declaration, and has carried on in that light. By doing so, he has put coexistence in peril, and it is tragically a self-fulfilling prophecy that wherever you look now, you see lots of dead bodies all over the country, with a President who carries on as if it is normal for citizens who go to worship in Mosques and Churches, to return from those places to cemeteries in body bags. It should not be. But, that is where we are.

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Ajomo’s Day of Tributes Stories by Jude Igbanoi The Nigerian Institute of Advanced Legal Studies (NIALS) and the Law Faculty of the University of Lagos, last Wednesday, held a Special Session of Tributes in honour of the late erudite legal scholar, Professor Michael Ayodele Ajomo OFR, at the Ayo Ajomo Auditorium of the NIAL’s Lagos Campus. The event was chaired by the former Attorney-General of the Federation, Judge Prince Bola Ajibola, with many distinguished legal personalities in attendance. Also in attendance to pay tributes to the late Ajomo, was the Vice Chancellor of the University of Lagos, Professor Oluwatoyin Ogundipe, former Deans of Law and other Faculties of the University and former Directors General of the NIALS. His Life Prof Ajomo was born on April 12, 1929 at Okpe, Akoko- Edo in Edo State. He had his secondary education at Ijero- Ekiti, after completing his primary education in Akoko- Edo. After a stint at the Western Nigerian Development Corporation, Ibadan, he proceeded to the read Law at the University of Hull in the UK, where he graduated in 1964, and later obtained the prestigious Fellowship of the British Institute of International and Comparative Law. This enabled him to pursue his Postgraduate and Doctorate degrees in law, which he completed in 1967. On his return to Nigeria, Dr Ajomo joined the University of Lagos Law Faculty as lecturer, rose to become a Professor in 1979, and Dean of the Faculty between 1982-84. In 1977, he became the pioneer Head of Department of Jurisprudence and International Law of the University.

L-R: Mr. Ajomo, Judge Prince Bola Ajibola, VC, University of Lagos, Professor Oluwatoyin Ogundipe, DG NIALS, Professor Deji Adekunle, SAN, Dean, Law Faculty, University of Lagos, Professor Ayo Atsenuwa, former Dean, Professor Obilade

He is on record, to have pioneered the teaching of Oil & Gas Law in Nigeria. He designed the curriculum. He was appointed Director General of the NIALS in 1988, where he retired in 1995. He authored and co-authored many books on International Law, Oil & Gas and Arbitration, and he was a world leading authority on Human Rights Law of the Sea. Ajomo was appointed Chairman of the Federal Government Contracts Review Committee from 1987-1993, and produced the first ever Guidelines in Negotiating and Drafting International Contracts and Agreements, which is still in use today.

Awards Awards for his service to the development of law and the nation, came in many forms. He was awarded the University of Lagos Gold Medal in 1992, Fellowship of the Chattered Institute of Bankers in 1993, Gold Medal Award of the Chartered Institute of Accountants – 1995, Nigerian Association of Law Teachers’ Long Service Award 2000, Fellowship of the Nigerian Institute of Advanced Legal Studies and Officer of the Order of the Federal Republic of Nigeria 2003, amongst many other awards. Upon retirement as DG NIALS, he founded the Centre for Petroleum, Environment and Development Stud-

ies (CEPEDS) Yaba, where research is conducted in the fields of Petroleum Law and Policy, and Protection of the Environment. Chairman of the event, Prince Bola Ajibola, said the late Ajomo contributed immensely to his appointment as Judge of the International Court of Justice at the Hague. Other eminent legal personalities who paid tributes include Prof Epiphany Azinge, SAN, Prof Amaze Guobadia, Prof Obilade, Prof Akin Oyebode, Vice Chancellor Lagos state University, Prof Lanre Fagboun, Prof Isabella Okagbue, Prof Bolaji Owasanoye, Tunde Busari, SAN, and DG NIALS, Prof Deji Adekunle, SAN

Professor Mashood Baderin Wins the 2018 Sankore University Award for Excellence in Education Muslim community does for our society”. Prime Minster David Cameron, as Guest of Honour in 2014, noted that: “I’m delighted to have taken part in this year’s The Muslim News Awards for Excellence, where we were able to champion and celebrate the huge contribution British Muslims make to our country. I was truly impressed hearing about extraordinary work of the nominees and winners, and it was great to have been able to meet some of them tonight”. In her goodwill message to the 2018 awards, Prime Minister Theresa May noted that: “It is a real honour to be able to send my very best of wishes to everyone attending this year’s Muslim News Awards for Excellence. The achievements of British Muslims from all across our country, are an inspiration to us all. This year’s nominees are once again proof that talent, passion and hard work, can positively change lives and communities. I would like to wish the nominees, guests and supporters attending this year’s awards a fantastic evening, and send very special congratulations to the winners”.

Professor Mashood Baderin of SOAS University of London, has won the 2018 prestigious “Sankore University Award for Excellence in Education” at the 16th Annual Muslim News Awards for Excellence, held at London Marriot Hotel, Grosvenor Square, on April 23, 2018. The Muslim News Awards for Excellence, is organised by the London- based Muslim News Newspaper, and is acknowledged as the standard- bearer for recognising and promoting excellence, within the Muslim Community in the United Kingdom. There are 17 categories of awards every year, including awards for excellence in the Media, Engineering, Science and Technology, Enterprise, Community Development, Sports, the Arts, and Education, amongst others, given to people who have excelled in their different fields of endeavours. Professor Baderin’s Citation Professor Baderin’s citation, was read at the ceremony as follows: “Professor Baderin is a Nigerian/British citizen, who has made significant global academic and religious contributions, towards a better understanding of the role of Islamic law in modern international relations. He is Professor of Laws at SOAS, University of London, where he headed the School of Law from 2009 to 2012. The originality of his work, has resulted in the international recognition of his expertise, notably through his advisory role to the Foreign Office, and his UN appointment as Independent Expert for the Sudan. He was commissioned by the Department for International Development, as an Islamic Law and Human Rights expert, on scoping visits to Sudan in 2003 and 2008. He presented his reports to the UN Human Rights Council from 2012 to 2014. His contributions ensure that, an Islamic perspective is considered in discussions surrounding human rights policy in the UK and internationally”. Support of British Prime Ministers The Muslim News Awards for Excellence has enjoyed

Professor Mashood Baderin with his Award

the support of UK leaders since its inception, with Prime Minister Tony Blair, as Guest of Honour in 2001. He noted that “I have the privilege that, I am part of tonight’s proceedings to take part in celebration of what the

Professor Baderin’s Remarks In receiving the award Professor Baderin noted: “I feel highly honoured and humbled by this recognition of my academic work and contribution to excellence in education. I see this not only as recognition for myself alone, but also for academic institutions, such as SOAS, University of London, that provide me the platform and opportunity to excel in my academic career. This award also serves as encouragement for me, to continue working harder and to motivate my students and others around me, to also excel in their different endeavours, bearing in mind the Tradition of Prophet Muhammad (PBUH) in which he said: ‘God loves that when one of you does a deed he excels in it’. I dedicate this award to my lovely wife, Hamdallah, who has stood by me as an excellent wife, companion and best friend, all these years. I couldn’t have achieved this without her support”.

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08.05.2018

Worse than Apartheid: Government’s Treacherous Abuse of Power Over the Criminal Justice System The El-Zakzaky Case Joseph Otteh, in this article, gives an overview of Sheikh El-Zakzaky and the Islamic Movement in Nigeria’s (IMN) brouhaha with the Government. Apart from keeping the Sheikh and his wife in custody, over 15 months after the Court has granted them bail, he accuses the Government of practicing‘Apartheid’by charging the Sheikh and others for the murder of one soldier, while the soldiers who allegedly killed over 300 IMN Members, have not been charged. He warns that this type of impunity, can only breed and feed resentment, division, and conflict

T Background

he Kaduna State Government, has now charged leader of the Shiite sect, Sheik El Zakzaky and three others (Zeenah Ibrahim,Yakubu Katsina and Sanusi Koki), for offences ranging from road blockages with dangerous weapons, homicide, unlawful assembly, and blocking roads to prevent movement of the convoy of the Chief of Army Staff. The offences stem from the December 2015 protests and clashes between members of the Islamic Movement in Nigeria (IMN) and the convoy of the Chief of Army Staff, Lieutenant General Tukur Buratai. These charges come nearly two and half years since the incidents happened, and for about that same length of time El Zakzaky has been in detention – without charges – with his wife. The new developments come at a time when members of the IMN, have stepped up civic efforts to press for the release of their leader who, together with his wife, have been in what the Government describes as “protective custody” since December 2015, notwithstanding the declaration of their detention as illegal by a court of law, which also ordered their release from custody since December 2016. Nigeria’s Post-Rule of Law Government The Nigerian Government – a Government which came into power through the law – has since broken out of the restraining power of the rule of law, in dealing with the Shiites, particularly its leadership, although this is not the only area where this is apparent. It is not just troubling, that a constitutional government can ride rough shod over the authority of a coordinate branch of government in refusing to implement adjudicated decisions, but even more so, that it unabashedly perverts the use of the State’s instruments of governance and practices invidious treacheries with them. It is important to recall the events that led to the detention of Sheik El Zakzaky, and how it plays into this narrative. On Saturday 12th December 2015, military officials in a convoy of the current Chief of Army Staff, Lieutenant General T.Y. Buratai ran into a roadblock erected by IMN members. In order to get pass this roadblock, particularly after entreaties to IMN members had reportedly failed, soldiers opened fire on defenceless members of the group in order, according to Army spokesperson Col. Usman Sani, that the Army Chief’s convoy could get through the barricade. The shooting claimed several lives, including those of women and children. A soldier also lost his life in the incident. Over the course of two following days, soldiers from the Nigerian Army attacked the residence of Sheik Ibrahim El Zakzaky, the leader of IMN, and, in the process, killed several hundred people, and destroyed properties and houses belonging to the IMN sect. Many of the bodies of those killed, were mass buried. The Justice Garba Judicial Commission of Enquiry (JCE), convoked by the Kaduna State Government to investigate the incidents, found that at least 348 members of the IMN were killed during the clashes, and that this number may not include 7 members who were also killed during the road protests. The JCE noted specifically that, the force used by the Army resulting in the deaths, was “disproportionate”. Justice and Accountability for Some, not Others While the JCE recommended the prosecution of IMN members who were “involved in the killing of Cpl. Dan Kaduna Yakubu”, it indicted the General Officer Commanding the Nigerian Army 1st Division in Kaduna, Major General Adeniyi Oyebade, as well as Colonel A.K. Ibraheem, who led the operation that culminated in the deaths of IMN’s members, and recommended the criminal trial of both of them, as well as the trial of

Sheikh El-Zakzaky

other Army officers “who partook in the killings”, while noting that: “The high number of casualties cannot be justified”. Since then, the Kaduna State Government has commenced the prosecution of 259 IMN members for the murder of one soldier Cpl. Dan Kaduna Yakubu, who died during the clashes. However, of the more than 348 persons who were killed by the army, not one soldier, or their commander, has been charged for murder notwithstanding the recommendation of the JCE. The leader of IMN, Sheik El Zakzaky, who has lost two of his sons to earlier killings by the military in Kaduna in 2014, sustained serious injuries during the clashes and has been in incommunicado detention since then. Kaduna State Governor, Nasir El-rufai who had earlier promised to use the “Commission’s recommendations in assigning administrative and criminal responsibility to those who allegedly participated in the violence”, and “to punish culprits”, first appeared like an honest, if principled mediator. With hindsight, it now appears that he spoke up for the politics of it. He played the cards well, in order to switch and bait. When the moment of truth finally came, he nailed his colours to the mast, and showed

“THIS PAROCHIAL PURSUIT OF JUSTICE OVER THE DEATH OF ONE SOLDIER, AND THE DELIBERATE INDIFFERENCE TO SUPPLYING JUSTICE OVER THE KILLING OF MORE THAN 348 “CIVILIANS”, PLUMBS THE DEPTHS OF VILENESS, BIGOTRY AND IMPUNITY. THE BARE-FACED AFFRONT TO THE BASIC IDEA OF JUSTICE, WOULD GIVE APARTHEID POLICIES AND REGIMES, A MODICUM OF RESPECTABILITY IN COMPARISON”

everyone where his loyalty stood. His Government completed a 360 degree departure from the earlier promise to “punish culprits”, so that now, the Kaduna State Ministry of Justice is only fixated on pursuing justice for one death – that of the soldier – and burying the atrocities associated with the brutal killing of over 348 people by the Army, under the rug. This parochial pursuit of justice over the death of one soldier, and the deliberate indifference to bigotry and impunity. The bare-faced affront to the basic idea of justice, would give apartheid policies and regimes, a modicum of respectability in comparison The impunity revulses, and it will come to represent such a bankrupt portrait of how low a so-called democratic Government is willing to go, in politicising institutions and resources of governance to serve its own jaundice, prejudice and bigotry. How can the loss of one life be deserving of justice, and the loss of over 348 others undeserving of it under the same Constitution? It is a reviling, anti-democratic thing to rank one life intrinsically superior to another, and, in this case, to an aggregate of others! No Government is permitted, under a democratic Constitution, to devalue human life in this manner, or to cherry pick the lives, the rights or the cultural, vocational or religious affiliations of those it would defend, and those it would consider expendable. Apartheid It is deeply unfortunate and troubling that, the Kaduna State Government has now elevated to an instrument of state policy, the use of apartheid-like distinctions in its politics and governance. By turning victims of a vicious, brutal murderous aggression into its perpetrators, and treating the aggressors as victims, and thereafter, using the resources of the State and tax payers money to pursue these one-sided prosecutions, the Government threatens the fundamental values of human society and constitutional democracy. The Kaduna State Government, does not have a moral, and, if we may say so, the constitutional right to practice this horrendous form of discrimination inherent in arraigning Sheik El Zakzaky and others for homicide trial, when it is not ready to prosecute and bring to justice, also, soldiers who summarily, wilfully and atrociously killed hundreds of “Shiite” Nigerians, at their pleasure. Unfortunately, all this is taking place under the watch of a President who had, speaking at the United Kingdom’s Chatham House on Feb. 26 2015, assured his audience that “... before you is a former Military Ruler and a converted Democrat, who is ready to operate under democratic norms...” Operating under democratic norms, must mean respect for the rule of law and the authority of the courts. It must mean that, Government will protect its citizens from violence - whether this comes from other citizens or from the agencies of the State. What we see rather, is the steady emboldening of a climate of impunity in governance. Impunity breeds and feeds resentment, division and conflict and, as our recent history teaches us, it also offers the building blocks for radicalisation and the construction of anti-State ideologies, and the fact that we are dealing with a religious group makes it all the more worrisome. We urge the Buhari administration, to walk back this culture of impunity and lawlessness we see around us, and rebuild governance on the cornerstone of the rule of law, and that it ensures equality, fairness and justice, in addressing Nigeria’s many challenges, not least, the delicate situation of the Shiite group and their leadership. Joseph Otteh, Lawyer, Director, Access to Justice, a non-profit justice advocacy group defending rights of equal and non-discriminatory access to institutions of justice.

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THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Please, your urgent response is required here. We lost our parents nine years ago, and my younger brother and I, have basically been fending for ourselves. I didn’t have the opportunity to further my education beyond OND level, but by brother went to University, and graduated with a good grade in Applied Psychology. He has been staying with me, since he finished his NYSC last year. Every day, he goes out to look for work. He has attended many interviews, and we were hoping that luck would shine on him soon. Unfortunately, I got a call a few days ago, that my brother had been arrested along with three other friends. I rushed to the Police Station, to make enquiries. My brother told me that, they were returning from where they went to submit their applications for employment. Transportation was difficult, so they decided to walk some distance, and they were arrested by the Police in the process. At the Police Station, they were searched and what was found on them, were their credentials. But, in a rather funny twist, the Police later said one of his friends was found to be in possession of fake certificates and letter- headed papers of a company. They then concluded that, my brother and his three friends, are criminals and certificate forgers. They have been taken to a Magistrate Court, and they were taken back into detention. Now, my brother is sick, yet they continue to detain him. I have made several visits to the Police Station, and I have proved to them that my brother’s certificates are not fake. But they said they are still investigating. Please, advice me. Longinus Uzor, Gowon Estate, Lagos.

Dear Mr. Uzor, The circumstances under which your brother was arrested, are not too clear in your mail. However, it must be stated that, this is one incident which typifies the excesses our law enforcement agents. In the past, the young men may have been arrested for ‘wandering’, which is the ubiquitous excuse of the Police in such circumstances. But, if his friend was found with fake documents, it is a matter that calls for a closer examination. By virtue of Section 361(1) of the Lagos State Administration of Criminal Justice Law (ACJL), making of a false document (forgery) is a criminal offence, punishable with 3 years imprisonment (Section 363 ACJL). In your brother’s case, you need to contact a Lawyer immediately. If money is the problem, approach a Human Rights NGO, or the Lagos State Office of the Public Defender (OPD) for support. You didn’t state the reason why your brother and his friends, were taken to the Magistrate Court. Section 35(3) of the 1999 Constitution provides that any person who is arrested or detained (on reasonable suspicion of having committed a crime), within 24 hours of the arrest, must be informed in writing of the reason of his/her arrest, and must be must be brought to court within a reasonable time, usually within 24 hours, if there’s a court of competent jurisdiction within 40km in that area. In any event, forgery is a bailable offence. Given the state of your brother’s health, you require the services of a Lawyer, to take up his defence, and file the necessary application for bail, especially to enable him get urgent medical attention which he requires.

When you know you must really be drunk A man sat down at a bar, looked into his shirt pocket and ordered a double scotch. A few minutes later, the man again peeked into his pocket and ordered another double. This routine was followed for some time, until after looking into his pocket, the man told the bartender he’d had enough. The bartender said, "I’ve got to ask you. What’s with the pocket business?" "Oh," said the man, "I have my Lawyer’s picture in here, and when he starts to look honest, I know I’ve had enough." Seashore with family A Doctor was vacationing at the seashore with his family. Suddenly, he spotted a fin sticking up in the water and fainted. "Darling, it was just a shark," assured his wife when he came to. "You've got to stop imagining that there are Lawyers everywhere." Newest Horror Movie Have you seen the current remake of the movie "Cape Fear?" It's about a deranged psychotic who is seeking revenge against a Lawyer. The question is, while watching the movie, for whom do you root? A Cold Winter Night Lorenzo Dow, an evangelist of the last century, was on a preaching tour, when he came to a small town one cold winter's night. He entered the local general store to get some warmth, and saw the town's Lawyers gathered around the pot-bellied stove, discussing the town's business. Not one offered to allow Dow into the circle. Dow told the men who he was, and that he had recently had a vision where he had been given a tour of Hell, much like the traveller in Dante's Inferno. When one of the Lawyers asked him what he had seen, he replied, "Very much what I see here: All of the Lawyers, gathered in the hottest place."

ARMY 38: COURT UPHOLDS COLS. HASSAN, SULEIMAN’S LEGAL CHALLENGE AGAINST COMPULSORY RETIREMENT CONTINUED FROM PAGE 6 paragraph 09.02 of the Harmonised Terms of Conditions of Service (2012) Revised, and held that a letter of appeal seeking for redress, written to the President, Commander-in-Chief of the Armed Forces, through the Chief of Defence Staff amount to substantial compliance with the provisions of Section 178 of the Armed Forces Act. Applying the principle of law enunciated in the Appellate Court decision, Justice Kado held that Col. Hassan and Col. Suleiman, having written letters to the President, seeking redress for their wrongful retirement, had substantially complied with

the condition precedent, before instituting their separate suits. The Judge therefore, resolved issue one in their favour, adding that they cannot be denied access to court for redress. Also ruling on the second issue raised by the Defendants, that the Claimants failed to disclose a cause of action, disclose their tenure of office, and how the compulsory retirement has cut it short, and the injury suffered as a result of the retirement. Justice Kado held that “In law, a cause of action, denotes aggregate factual situation the Claimant relied upon, to approach a court of law for ventilation of grievance. In BELLO

JUMBO PAY: LAWYERS DRAG AGF, NASS, RMAFC TO COURTCONTINUED FROM PAGE 5 to determine the salaries or remuneration of the National Assembly or political office holders, and/or if such power is subject to usurpation by the National Assembly or any other body(ies). The are also asking the court, to determine whether the Allocation of constituency projects and funds to the tune of N200 million to members of the National Assembly, is not ultra vires, illegal and unconstitutional. In an affidavit in support of the suit, sworn to by Ubani, he contended that based on relevant Sections of the Constitution, it is illegal for National Assembly members to continue to collect the sum of N13.5 million monthly as running cost, N750,000.00 as consolidated salary and allowance, and N200 million constituency project allowance as revealed by recent newspaper publications. Ubani argued that, by virtue of relevant Sections of the 1999 Constitution as amended, RMAFC is the only authority permitted to fix the salaries, allowances and remuneration of political office holders, including that of National Assembly members. He further contended that, the actions of the Defendants have continuously depleted the national economy, subjected Nigerians to hardship, and exposed the country to economic

recession. Ubani also argued that, the Defendants by their action, connived and colluded with themselves, to rob Nigerians of their common patrimonies, wreak economic havoc and economic earthquake on the national economic development. Consequently, Ubani and his co-Plaintiff, are asking the court to amongst other things, make a declaration that RMAFC is the only body responsible for determining, the salaries, remuneration and/or allowances of the National Assembly or political office holders. The two Lawyers, are also asking the court for perpetual injunction restraining the National Assembly, whether by themselves, officers, agents, privies, servants or through any person or persons howsoever, from further receiving the sum of N13.5 Million monthly allowances or running cost or whatever sum as a running cost, and N200 million for annual constituency projects. They also want the court, to make an order that the each member of the National Assembly should refund to the Federation account the sum of N13.5 Million and N10 million respectively, collected as running cost since 2015 to date, within 14 days of delivery of judgement in the suit.

v ATTORNEY-GENERAL OF OYO STATE (1986), the Supreme Court held that, ‘cause of action is constituted by the bundle of aggregate facts, which the law will recognise as giving the Plaintiff a substantive right to make the claim against the relief or remedy being sought’”. The Judge held that, it was clear from the pleadings of the Claimant/Respondents, what led to the institution of their suits, which was their compulsory retirement. He held that, the Claimants are, vide their pleadings, contesting the validity of their compulsory retirement, which they considered to be null and void, and of no effect whatsoever. “It is also in the pleadings of the Claimant/Respondents, that the disciplinary procedure to discipline officers of their calibre, were not followed by the Defendant/Applicants, before they were compulsorily retired from service. “It is therefore, clear as a day light, that the facts as disclosed in the statement of facts (pleadings), clearly shows that the Claimants have causes of action, to cloth them with right to seek redress in a court of law. “I hold that there is a cause of action capable of being enforced, as all the bundles of aggregate facts which the law recognises as giving the Claimants a substantive right to make their claim against the relief or remedy being sought before the court, have been disclosed in their pleadings”, the Judge stated. The Presiding Judge in his ruling, declared that the Defendants’ objections to the suits failed, and they were dismissed. It is pertinent to say that Judges of NICN have been consistent in upholding the view that, the appeal letters written by the compulsory retired officers is sufficient evidence that administrative procedures towards seeking redress, have been complied with. NICN Judges also note in most of the rulings on the Army 38, that there is no time limit for the President to attend to the appeals, and that the officer(s) cannot wait indefinitely, without knowing their fate, as such, they dismissed the preliminary objections, as well as upheld the fact that they have jurisdiction to hear the cases.

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Threat of Punishment and Deterrence: The Limits of Criminalisation Prof. Epiphany Azinge, OON, SAN delivered the Dinner Speech at the Nigerian Bar Association Criminal Justice Reform Conference which took place in Asaba, Delta State, April 23 - 26, 2018

I

I do not subscribe to the school of thought that posits that, the basis for harsh punishment for kidnapping, cannot be extricated from its elitist application. In order words; the elite in society will push for the stiffest penalty, once it is imagined that they are the target of an offence. The nation looks forward to, the criminalisation of crimes of Hate Speech and havoc by Herdsmen. Again, the Senate appears to be missing the point by proposing Death Penalty for perpetrators of hate speech. As always, lazy Legislators are in a hurry to hold to the harshest punishment. I will wait to see how they will prosecute hate speeches on the Internet (Social Media), Facebook Twitter etc. especially from anonymous persons and groups. The criminalisation of activities of Herdsmen over and above Anti-grazing Laws of States, deserves special mention whilst it is still within the purview of State Assembly to legislate on the subject, the likely challenge is that, the absence of State Police at this point in time in Nigeria may make arrest, investigation and prosecution a bit challenging.

Preliminary Remarks feel highly honoured, to be invited to deliver the dinner speech of this conference. Choosing a topic was not very easy, as I did not seek to inflict another lecture on an audience craving for a sumptuous dinner laced with choice wine and other beverages. But, the desire to fill a noticeable gap in the program overwhelmed me. Not much attention, if at all, was given to issue of punishment in the thematic structure of the Conference. For me, it remains a fundamental omission, in issues of Criminal Justice Reform and Administration. Permit me therefore, to use this opportunity to address the issue of sanctions and punishment, in our criminal justice sector. I have chosen the topic “Threat of Punishment and Deterrence: The Limits of Criminalisation”, as subject-matter for interrogation at this Dinner lecture. Introduction Time and space, may not permit me to examine in detail, the concept of punishment and the best form of punishment for any antisocial behaviour. This lecture will undertake a study of selected offences already criminalised, with applicable sanctions; evaluate the impact of the sanctions or punishments with respect to possible deterrent effect, critically determine laws that are criminalised, but yet are honoured more in the breach than observance; the seemingly inexplicable conclusion by Legislators that death penalty is the most plausible punishment for hideous crimes, and the tragedy of imposition of Death Penalty as punishment in the 21st century. This paper will specifically address the offence of Human Trafficking and the Oba of Benin’s Intervention, posit for modern forms of punishment rather than primordial attachment to punitive theory, and seek for enthronement of the principle of utilitarianism, which can best be tied to justiciability of Chapter 2 of 1999 Constitution (as amended). The fundamental issue for consideration however, is a determination of whether the protection of society from harm, is basically the major basis for punishment. As H.L.A Hart posited in his seminal work ‘Punishment and Responsibility’ “it is often said that men punish and always have punished to secure obedience to laws, to gratify feelings of revenge, to satisfy a public demand for severe reprisals for outrageous crimes, because they believe a daity demands punishment, to match with suffering the moral evil inherent in the perpetration of a crime, or simply out of respect for tradition. If there are these many reasons, why should we select the protection of society from harm and give this primacy, as the “basis” of punishment. Surely, it is only one reason among many which stand on an equal level, in so far as a claim upon our attention is concerned”. Litany of the Criminalised Actions and Effect of Threat of Punishment Apart from the offences of murder, the next offence to attract death penalty in Nigeria, is

Prof. Epiphany Azinge, OON, SAN

Armed Robbery. This followed the wave of Armed Robbery, that enveloped the nation shortly after the civil war. The punitive measures of application of death penalty, it does appear, never succeeded in proving a deterrent to the crime of Armed Robbery. It still does not, as it is well established by criminologists, that the crime instead of waning as a result of punishment of death penalty, is rather permanently on the rise. There are litanies of other cases, whose punishments have not supported the deterrence theory or retributive justice. Rape, in spite of punishment, is permanently on the increase, so also is examination malpractices offence. Mention must also be made to ELECTION offences, violation of Ceiling on political campaign expenditure, Corruption cases, Road traffic offences, Police brutality and Human Right Abuses (including child abuse), Oil pipeline vandalisation, Money laundering/advanced fee fraud, Tobacco smoking in public places, Cultism, Drug trafficking and abuse, Possession of fire arms, Consumption of illicit substance, Use of crash helmet, Sexual harassment, etc. etc. The thread that runs across these offences, is that they are all honoured more in breach, than observance. The challenge, it does appear, is that Legislators are of the mind-set that the escapist approach in the art of criminalisation,

“THE PUNITIVE MEASURES OF APPLICATION OF DEATH PENALTY, IT DOES APPEAR, NEVER SUCCEEDED IN PROVING A DETERRENT TO THE CRIME OF ARMED ROBBERY. IT STILL DOES NOT, AS IT IS WELL ESTABLISHED BY CRIMINOLOGISTS, THAT THE CRIME INSTEAD OF WANING AS A RESULT OF PUNISHMENT OF DEATH PENALTY, IS RATHER PERMANENTLY ON THE RISE”

is to impose harsh punitive sanctions and the crime will evaporate into thin air. This is a fundamental oversight. Criminalisation process, ideally requires a deeper reflection and introspection by lawmakers, and most importantly, ought to and should attract the attention of experts and specialists in the field of criminology. A Review of Criminalisation of Offences of Kidnapping and Abduction, Terrorism (including Bills on Hate Speech) The lethargy that characterises our lawmaking process, seems to have found expression in our desperate response to the kidnapping saga that overwhelmed the nation in the last 6 or more years. Heinous or Hideous as the crime of kidnapping may be, what ideally should have been the appropriate sanction? Proponents of the deterrence theory, again found refuge in death penalty, and this, without any well-founded theoretical or practical premise. Lagos State, Cross River, Delta, Oyo, Abia, Enugu, Ebonyi, Imo and Anambra, have all legislated Death penalty as punishment in their respective Anti-kidnapping laws. I hold the view that, punishment of death penalty for kidnapping, is not capable of stemming the tide of kidnapping in our polity. I wish enough thinking went into the process of criminalisation. A good evidence to show that our lawmakers are manifestly confused in prescribing punishment for offences, is the Terrorism (Prevention) Act 2011. Ideally, it is expected that punishment for engaging in acts of terrorism will also be death penalty, but ironically, this is not the case. The law stipulates any person who commits an offence under the Act, shall be on conviction, be liable to imprisonment for a maximum of twenty years. The fundamental question is, which is more devastating – Kidnapping or Terrorism? On the face of it, it cannot be denied that terrorism is potentially more devastating than kidnapping, and if at all, deserves death penalty punishment more than kidnapping.

Death Penalty Jurisprudence and the Challenges of our Prison System I hold the view that Death Penalty as punishment, is anachronistic, and not in tandem with international best practice. Lawyers should be in the vanguard for abolition of death penalty. It is only regrettable that, at a time the push for abrogating death penalty was gaining momentum; Nigeria suddenly found itself in the ugly situation of re-inventing the wheel of Death Penalty as Punishment. Happily, only Nigeria and a few other African States, are still holding on to Death Penalty. Majority of smaller African States, have since abolished Death Penalty, but credit must be given to Nigeria, for placing a moratorium on execution of those on death list for the past 15 years or more. That is a civilised way to go. What is more significant, however, is an appreciation by the legal community that the deterrence theory is grossly outdated, and to that extent, capital punishment is not the only plausible answer to a rampaging social malaise. What is more worrisome to me, is the constant reference to crimes committed by persons released from prison custody. This tells a story of our prison system, and our inability to rehabilitate. Recently, the Lagos State Police Command arrested the gang of robbers that killed an Uber taxi driver. The four-man robbery gang, specialised in attacking Uber drivers and snatching their cabs from them. The leader of the gang, Tyozemda, 27 years, and another suspected member of the gang; Lucky, were released from prison recently. Also, at the same time, the Inspector General of Police Intelligence Response team (IRT), arrested a most wanted armed robber, 31 year old Fashola, aka Awolowo, who has been on the wanted list of the police for a while. He was declared wanted, after he was released from prison and formed a formidable vicious gang. He was arrested alongside three other gang members. It cannot be disputed that, a detention centre that releases men who return to the streets more dangerous that ever, is not a well structured and purpose-driven prison. That is a major challenge, not only for our Criminal Justice sector, but also for the prison system as a rehabilitation centre. Human Trafficking: The Oba of Benin Intervention Nigeria not only criminalised Human CONTINUED ON PAGE 15

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THREAT OF PUNISHMENT AND DETERRENCE: THE LIMITS OF CRIMINALISATION CONTINUED FROM PAGE 14 5SBGàDLJOH CVU BMTP TFU VQ /"15*, UP monitor activities relating to Human TrafàDLJOH " QFSTPO XIP QSPDVSFT BOZ QFSTPO GPS prostitution, pornography, and use in armed DPOáJDU DPNNJUT BO PGGFODF BOE JT MJBCMF on conviction to imprisonment for fourteen ZFBST XJUIPVU BO PQUJPO PG àOF )PXFWFS BOZ QFSTPO XIP JNQPSUT FYQPSUT SFNPWFT CVZT TFMMT EJTQPTFT USBGàDLT PS EFBMT JO any person as a slave or accepts, receives or detains a person against that persons will BT B TMBWF DPNNJUT BO PGGFODF BOE JT MJBCMF to imprisonment for life. These are sanctions JO PVS SFHVMBUJPO BOE ZFU IVNBO USBGàDLJOH DPOUJOVFT UP UISJWF VOBCBUFE 5IF TBODUJPOT have neither deterred nor stemmed the tide PG IVNBO USBGàDLJOH -JUUMF XPOEFS UIBU UIF 0CB PG #FOJO SFDFOUMZ QMBDFE B DVSTF PO all those who would from that day, practice IVNBO USBGàDLJOH )F BMTP XFOU GVSUIFS UP OVMMJGZ UIF PBUI PG TFDSFDZ BENJOJTUFSFE CZ BOZ OBUJWF EPDUPS PO WJDUJNT CFGPSF USBWFMMJOH PVU 5IF 0CB PG #FOJO T JOUFSWFOUJPO JT DMFBSMZ B WPUF PG OP DPOàEFODF PO PVS $SJNJOBM Justice Sector, and an indictment on the QVOJUJWF TBODUJPOT QSFTDSJCFE JO PVS TUBUVF CPPLT XIJDI UP BMM JOUFOUT BOE QVSQPTFT IBWF QSPWFE JODBQBCMF PG EFUFSSJOH IVNBO USBGàDLFST 8IJMF XF BQQMBVE UIF 0CB PG #FOJO GPS IJT CPME TUFQT B GFX GVOEBNFOUBM JTTVFT NVTU CF BEESFTTFE 'JSTU JT UIBU XF NVTU TUBSU DPOUFNQMBUJOH B $SJNJOBM +VTUJDF Reform that will entertain and integrate traditional customary sanction for potency, FGàDJFODZ BOE FGGFDUJWFOFTT 4FDPOEMZ JT B SFUIJOLJOH PG QSFTDSJQUJPO PG TBODUJPOT GPS PVS law, without a comprehensive sociological study of prevailing circumstances and how to address factors influencing particular crimes or offences.

L-R: Delta State Governor, Dr. Ifeanyi Okowa, National Judicial Institute Administrator, Hon. Justice Roseline Bozimo (Rtd) (representing the CJN) and Delta State Chief Judge, Hon. Justice Justice Marshal Umukoro

punitive theory. There is no denying the fact that, the deterrence theory has failed, BOE TUBUJTUJDT PO UIJT BCPVOE *U JT UIFSFGPSF gratifying to note that, modern approach is to apply sanctions that are more realistic BOE SFBTPOBCMF * BN DPNGPSUBCMF UIBU QMFB CBSHBJOJOH JT B OFX BOE BDDFQUBCMF GPSN PG BDIJFWJOH SFTVMUT JO PVS DSJNJOBM KVTUJDF TFDUPS We must pursue the concept of restitution, Criminal Justice Reforms - Forms of with equal vigour and relentlessness. In all this, our prison system as an integral part of Punishment .PEFSO $SJNJOBM +VTUJDF 3FGPSN NVTU PVS DSJNJOBM KVTUJDF TFDUPS NVTU CF PQUJNBMMZ address purposeful forms of sanctions, rather QSFQBSFE GPS SFIBCJMJUBUJPO BOE SFGPSNBUJPO than continuous entanglement with primordial 5IFTF BSF JTTVFT UIBU NVTU CF BEESFTTFE CZ

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NBA-SBL: Deepening Knowledge on Mergers & Acquisitions Jude Igbanoi The Nigerian Bar Association’s Section on Business Law, last Thursday, drew Business Lawyers together at the Four Points By Sheraton Hotel in Victoria Island, Lagos, for its Annual Seminar. The theme of the One-Day event was ‘Recurring Issues in Mergers and Acquisitions in Nigeria’. And it featured sessions on:r (FOFSBM 0WFSWJFX PG UIF .FSHFST BOE Acquisitions Space in Nigeria r $VSSFOU %FWFMPQNFOUT JO .FSHFST JO /JHFSJB r 0WFSWJFX PG UIF . " .BSLFU m *TTVFT BOE 5SFOET r "DRVJTJUJPOT 4USVDUVSFT $VSSFOU 5SFOET BOE 3FHVMBUPSZ $IBMMFOHFT r $BTF 4UVEZ PO "DRVJTJUJPOT r &YUFSOBM 3FTUSVDUVSJOH BT B Process for Value &OIBODFNFOU XJUIJO (SPVQ $PNQBOJFT r $BTF 4UVEZ PO $PSQPSBUF 3FTUSVDUVSJOH BOE r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giemudia. Issues that engaged the Panelists’ attention, SFWPMWFE BSPVOE UIF SFHVMBUPSZ SPMF PG 4&$ BOE /4& BOE IPX XFMM UIFZ IBWF QMBZFE those statutory roles. Posers that Participants raised were, for instance, what type of transactions should CF UBLFO UP 4&$ GPS BQQSPWBM *T JU BCTPMVUFMZ OFDFTTBSZ UP OPUJGZ 4&$ PG FWFSZ USBOTBDUJPO

L-R: Babasola Alokoralo, 1st Vice Chair, NBA-SBL Mergers&Acquisition Committee;OlumideAkpata, NBASBL Chairman; Mary Uduk, Ag DG, Securities & Exchange Commission; Oscar Onyema, CEO Nigerian Stock Exchange; Olayemi Anyanechi, Chair, SBL M&A Committee, Ozofu Ogomudia 2nd Vice Chair and Dapo Okubadejo, Partner & Africa head, Deal Advisory & Private Equity at KPMG

8IBU BSF UIF FYFNQUJPOT 8IFSF BSF UIF FYFNQUJPOT BQQMJDBCMF *O SFTQPOTF 4&$ SFJUFSBUFE UIF OFFE UP OPUJGZ UIF $PNNJTTJPO PG FWFSZ USBOTBDUJPO BOE GPS TNBMM USBOTBDUJPOT 4&$ XPVME CF PCMJHFE UP HJWF UIF QBSUJFT B HP BIFBE UP consummate the transaction. But, that all mergers and acquisitions must go through 4&$ BOE NVTU TUBUF DMFBSMZ UIF TDIFNF PG arrangements and a court order. Participants were also enlightened, on how to avoid a clash with anti-trust laws, and what to do where there is a conflict CFUXFFO UIF QSPWJTJPOT JO UIF 4&$ BOE $"." 4FDUJPO John Basange, Managing Partner in Anthem "EWJTPSZ HBWF BO PWFSWJFX PG . "T JO UIF 6OJUFE ,JOHEPN BOE 64" )F FYQSFTTFE HSFBU PQUJNJTN BCPVU UIF /JHFSJBO NBSLFU despite the present challenges of currency

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“LITTLE WONDER THAT THE OBA OF BENIN, RECENTLY PLACED A CURSE ON ALL THOSE, WHO WOULD FROM THAT DAY, PRACTICE HUMAN TRAFFICKING. HE ALSO WENT FURTHER, TO NULLIFY THE OATH OF SECRECY ADMINISTERED BY ANY NATIVE DOCTOR ON VICTIMS, BEFORE TRAVELLING OUT. THE OBA OF BENIN’S INTERVENTION, IS CLEARLY A VOTE OF NO CONFIDENCE ON OUR CRIMINAL JUSTICE SECTOR..” BU BOZ QPJOU JO UJNF FYBNJOF SFBTPOT XIZ people resort to crime; issue and challenges PG KPC VOFNQMPZNFOU GVUJMJUZ PS PUIFSXJTF PG DSJNJOBMJTBUJPO BOE UIF MJLFMJIPPE PG sanction not achieving any result. 4UVEFOUT PG KVSJTQSVEFODF BSF VOEPVCUFEMZ conversant with the principle of Utilitarianism, which simply put, targets the greatest IBQQJOFTT PG UIF HSFBUFTU OVNCFS 5IJT NBZ TPVOE BT BO 6UPQJB CVU JU TIPVME CF B reference point. What this portends is that, QPMJUJDJBOT NVTU BTQJSF UP XPSL XJUIJO UIF DPOàOFT PG UIF VUJMJUBSJBO UIFPSZ $SJNJOBM KVTUJDF SFGPSNFST BMTP TIPVME OPU MPTF TJHIU of utilitarianism, when striving to reform and criminalise. .Z TVCNJTTJPO JT UIBU /JHFSJB T SPVUF UP VUJMJUBSJBOJTN JT POMZ UISPVHI UIF KVTUJDJBCJMJUZ PG $IBQUFS PG UIF $POTUJUVUJPO PO 'VOEBNFOUBM 0CKFDUJWFT BOE %JSFDUJWF Principles of State Policy. 5IJT GPS NF JT UIF QBOBDFB GPS FYDFTTJWF criminalisation and imposition of harsh punishment, in our society. I want to urge PVS DSJNJOBM KVTUJDF SFGPSNFST UP JOUFSSPHBUF UIJT QFSTQFDUJWF BOE ESBX B MJOLBHF CFUXFFO UIF QSPTQFDUT PG KVTUJDJBCJMJUZ PG $IBQUFS PG UIF $POTUJUVUJPO BOE SFEVDUJPO PG DSJNF JO our society. This for me, is the way forward in limiting the threats to punishment, and adoption of punitive theory in our criminalisation process. Conclusion I am no longer sure that I still command your listening ears. I therefore, must stop CFGPSF EJOOFS HFUT DPME 5IJT JT B DPOWFSTBUJPO that can continue outside this hall, and I want to urge the Organisers, to step up the conversation for punishment at another forum. I await another invitation for that. 5IBOLT BOE (PE CMFTT

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T H I S D AY ˾ Ͷ˜ ͰͮͯͶ

T H I S D AY ˾ TUESDAY MAY 8, 2018

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T H I S D AY ˾ TUESDAY, MAY 8, 2018

PROPERTY & ENVIRONMENT Artificial Pricing is a Major Challenge in Nigeria’s Property Market, Says Ogunniran Mr. Hakeem Ogunniran, a prominent operator in Nigeria’s real estate sector, who built and sold several homes for UPDC, believes the nation’s property market should be rid of artificial pricing. The market is still good to invest in, he says. Bennett Oghifo reports

“

In a recessionary economy, it is difficult to preach real estate investment because asset conversion period is longer, the economy is sluggish and there is so much uncertainty. People do not want to take real estate investment when there is so much uncertainty because for most people, real estate investment is probably the single largest investment they will do in their lifetime. You don’t want to make such investment when the environment is not certain. But if you look very well, you see that it is probably the best time to do that investment.” These were the opening thoughts of Mr. Hakeem Ogunniran, the Managing Director of UPDC, a foremost real estate company in the country. He discussed the ‘Challenges and Opportunities in Real Estate’, at a forum of the Nigeria-German Business Association (NGBA), in Lagos, recently. Ogunniran said it costs a lot of money to invest in real estate. “Even to buy a parcel of land in Ikoyi now is between N350,000 and

N420,000 per square metre, which I think is way too high; the prices are too artificial, and the simple test is that when you are doing your project, you can just look at you land cost as a percentage of your total development cost. Best practice, it should be between 5 and 7 per cent but in Nigeria it is as high as 25 per cent- that is a major problem.” He said unlike what obtains in the stock market, the waiting period for real estate was much longer and so investors needed to have some staying power. This is sometimes lengthened further by the documentation process. He said real estate investment was better because of capital appreciation, which could take about two or more years. It is also a source of reliable income, particularly if the investment includes Real Estate Investment Trust (RIET). According to Ogunniran, the greatest challenge of real estate in Nigeria was uncertainty of title. “I always tell my head of legal department at the office that if you want to buy a parcel of land and the title is very clean, I’m always afraid to touch

are coming to the market on Alfred Rewane Road (former Kingsway Road), Ozumba Mbadiwe Road, and in a few streets in Victoria Island. Now the economy is not expanding, new industries are not coming, so we are all just busy marketing the same set of clients. “What happens is that

people approach you tenant and they offer them all sorts of freebees to relocate.” This became an avenue for them to become more rigorous in our ventures, he said “So, we took a decision to look at the midterm market and then we value-engineer the design, This time around we really decided to go to the market, created our target group and decided to speak to them.” The company tried to understand from them what they consider as value. They were surprised that 90 per cent of them said they do not need swimming pool, tennis court; they can use those at the club house in town. They would rather have a crèche, a beautiful playground for children. He said it was becoming clear in the market that having facilities like gyms, swimming pool, tennis court, among others, is just thinking for the customer. Ogunniran then advised real estate developers to explore the fine points of joint ventures to boost their business. He also advised on development of Real Estate Investment Trust (REIT) market.

recycling initiatives and efforts throughout our operations and as a Group has made significant global investments in assets and infrastructure that converts those materials into renewable resources from polymer manufacturing to waste to energy projects,” Irvine stated. The company began the construction of an engineered landfill and Eco Park in Epe, Lagos about 18 months ago. The Epe landfill lies on the northern bank of the Lagos lagoon. It was opened in 2009 to serve as a backup landfill for three other main state-run dumpsites that have since surpassed their capacities. The Eco Park, the

first of its kind in West Africa, will feature several facilities including a materials recovery facility for processing several types of waste. The on-site materials recovery facility will integrate the informal waste miners (scavengers) into the system to continue with waste segregation activities under better working conditions. The group operates a closed loop system with subsidiaries in the UK, Northern Ireland, Belgium, and the Middle East. Over the years, concerned international organizations and governments have proffered solutions, allocated budgets and devised strategies to combat the

R-L: Operations Director, IFS Ltd., Engr. Emmanuel Atat (Rtd. Sqd Ldr); Chairman, Klinserv Solutions Ltd (Lead Convener), Dr. Tunde Ayeye; Managing Director, Global Property & Facilities Int’l Limited, Dr. MKO Balogun; and Country Manager; Draiklinas Limited, Mr. Afolabi Abrahams, at a press briefing on the Policy Dialogue on Facilities Management to be held in Lagos, next week

it because there is not title that does not have an issue.” Another situation, he said was that in the last seven to eight years, many developers have emerged and these are basically doing the same thing. “Unfortunately also, all of us are thinking for the customer, so when the dynamics of the

industry was changing we didn’t understand.” He gave an example, “18 months ago we decided to enter the mid-term market, because the luxury market became challenged, retail had issues, commercial also. “In Lagos, by June this year, 80,000sqms of Grade A offices

Commonwealth’s War on Ocean Plastic With globalisation bringing about the exchange of products across countries, the need for packaging that is both durable and inexpensive has led to the exponential increase in the production of plastic materials in the last centuries. With over 300 million tons of plastics produced yearly and less than 10% recycled, plastic pollution has become a topical issue across the world, primarily as it affects the water body. Lagos generates over 13,000 tons of municipal waste daily, with plastic accounting for two-thirds of all recyclable material collected. A lack of infrastructure for the effective

management of waste and improper disposal habits cause most plastic waste to end up in the Atlantic Ocean. The UN figures show 8 million tonnes of plastic - bottles, packaging and other waste - enter the ocean annually killing marine life and entering the human food chain. Visionscape Sanitation Solutions CEO, John Irvine is tasked with leading infrastructural development projects across emerging markets. As part of the Group’s commitment to social impact investments, its business strategy is deeply rooted in building a sustainable business that does good. “ We aggressively push our

Ongoing road construction works at Taiwo Odekunle, Omolara Badaru and Maridom Streets, all in Ifako-Ijaiye Local Government Area of Lagos, embarked upon by the Lagos State government as parts of its infrastructural renewal programmes, in Ifako Lago KOLA OLASUPO

Waste Infrastructure Development in Lagos ATSL is Blazing Trail in Development Defies Odds Concession Fadekemi Ajakaiye Efforts by the Lagos State government to find a lasting solution to the waste management crisis in the state does not seem to be yielding much result just yet as some aggrieved members of the Association of Waste Managers of Nigeria (AWAM), have refused to back down or compromise their demands. The seeming stalemate is threatening to undermine the advancement that the state government has made since last year when the

Environmental Management and Protection bill was passed into Law. The law empowered government to concession critical aspects of the waste management infrastructure to VisionScape, a multinational waste management company. Following the passage into law of the Environmental Management and Protection Law passed, which liberalized the industry and allowed the government to concession critical aspects of the waste management infrastructure, VisionScape has concentrated

on infrastructural reforms and modernizing the waste management process in Lagos, and bringing it up to speed with global best practices. Within a space of one year, the multinational waste management company has monbilised the needed capital to replace degraded and rundown infrastructures with modern equipment powered by well-trained and highly motivated work force. According to the Lagos State Government, the reform which gave birth to VisionScape was a child of necessity.

When the federal government of Nigeria under former President Olusegun Obasanjo solidified its commitment to Public-Private-Partnership with the inauguration of the Infrastructural Concession Regulatory Commission Act (ICRC) in 2005, it did so with the aim of confronting the problem of infrastructural decay and thereby developing and improving government facilities. Since the take-off of the policy, many organisations, facilities and infrastructure have been handed over to

the private sector by the Federal government but two organisations have stood out in the area of infrastructural development. These include Bi-Courtney Aviation Services Limited the concessionaire for the Murtala Muhammed Airport 2 (MMA2) terminal in Ikeja, Lagos and Allied Trust and Systems Nigeria Limited, the company that won the bid for the management of the Centre for Management Development, Lagos (CMD) facility on a Build, Operate and Transfer (BOT) basis. Upon winning the bid, the

National Planning Commission (the lessor) entered into a lease agreement with Allied Thrust & Systems (Nig.) Ltd. (the lessee). Under the terms of the agreement, 5.02 hectares of land of CMD was demised to the lessee, who was also expected to renovate the existing 30-room facility (serving as the Guest House), construct a 102-room guest house with 4-star facility, build and operate a 1000 seat conference facility and pay a graduated annual rent to the lessor in three tranches over the lease period.

T H I S D AY ˾ TUESDAY MAY 8, 2018

29

T H I S D AY ˞ ˜ MAY 7, 2018

30

BUSINESS/MONEYGUIDE

Capital Flight: Nigeria, Others Lose N2.89tn to Foreign Insurers Ebere Nwoji Nigeria, Ghana and other regional insurance markets annually lose a whooping N2.89 trillion($8billion) to offshore insurance markets mainly in Europe and America, due to fragmented nature of African insurance markets. This, had resulted to the inability of firms in the continent to handle big ticket businesses within the region. This was disclosed by the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo at the 45th African Insurance Organisation conference and Annual General Assembly holding in Accra, Ghana. Akufo-Addo, who was represented by the senior Finance Minister,Yaw Osafo-

Marfo, noted that whereas in developed world markets, insurance firms operate on large scale basis, in Africa, there are numerous small size insurance firms with low capacity and inability to underwrite huge and profitable businesses which are most times flown abroad to America and European markets. “If you go behind all banks in Europe, find out who owns them. If you do the analysis, most of them are owned by insurance companies. “The insurance sector in Africa must play and continue to play a major role in national development. The creation of jobs, contribution to the economic growth of your respective countries , funds you mobilise are contributing to the development of your countries,� he advised.

According to him, Africa growth and development is not possible without the transformation of the various sectors of the economy Particularly the insurance sector. “The sector must therefore undergo some changes as its contribution to Africa economic transformation is of paramount importance.� He regretted that despite the critical role played by the insurance sector in the growth and development of economy of other continents, in Africa, only three countries have double-digits in the sector’s contribution to their GDP. “The insurance industry penetration rate as a measure of GDP in most of our countries remains a single digit. Only three countries are in double digits.

Report: Unclear Career Paths Threatening Finance Talents Obinna Chima Young finance professionals in the public sector are in the dark about their future due to a lack of transparent career paths, a new report from the Association of Chartered Certified Accountants (ACCA), has stated. The report titled: ‘Generation Next: Managing Talent in the Public Sector,’ uncovered that young finance professionals most value clear career paths. It, however, pointed out that only 26 per cent believed that clear paths exist in their current organisation. This report was the last in ACCA’s global Generation Next series, which explored the work preferences and career ambitions

of over 1,400 ACCA members and students working in the public sector, aged 16 to 36 years old. A large majority of the respondents believed technology would enable finance professionals focus on much higher value-added activities in the future. They are also the most likely to believe that technology will enable them to focus on such activities – with 87 per cent of public sector respondents taking this view, compared with 84 per cent across all sectors. Speaking on Nigeria’s respondents’ views of what constituted effective learning and development in the public sector, the Head of ACCA Nigeria, Thomas Isibor said: “On-the-job learning was one

of the most-used learning activities in the sector globally, with 45 per cent of all public sector respondents in Nigeria believing that the on-the-job learning was effective. “Pursuing further professional qualifications was also ranked highly amongst professionals (39%) followed by mentoring (25%). All these learning strategies; mentoring, job rotations and coaching are forms of experiential learning, where the employee ‘learns through doing’. “Clearly, there is an opportunity for public sector employers to increase the use of these experiential forms of learning to increase the effectiveness of their learning and development strategies.�

Sterling Bank Launches Experience Centre Ugo Aliogo Ă‹Ă˜ĂŽ Esther Ehoche As part of Sterling Bank Plc’s commitment to promote innovation in banking and add value to the lives of its customers, the bank has launched a new banking initiative known as Sterling Bank Experience Centre,which is a digital and lifestyle experience centre. Christened CafĂŠ One, the centre was designed for comfort and equipped with modern work devices such as smart phones, laptops, tablets and free internet connection with coffee and canapĂŠs provided by gourmet shop, My Coffee Lagos. Speaking at the launch of the experience centre, Lagos, the

Head Service Standards and Branch Support, Oluwabusola Awosile, said the concept of the experience centre is new to the market, adding that the common knowledge of an experience centre is that of a banking hall. She also stated that the centre, which is located in Lekki Phase 1 has free wifi for customers who visit the centre to connect their devices in order to learn and enjoy the banks’ numerous products such as Specta (the banks’ community lending loan initiative), noting that the customer has the opportunity either to use their own laptop, phone or make use of the banks’ gadget on display. Awosile further stated that this is an opportunity the bank made

available for customers to use their facilities, while enjoying coffee in the centre, adding that “it is a infusion of leisure and banking.� She explained: “This is an opportunity made available by the bank for customers to use our facilities. The customer will also be enjoying coffee while banking which for us is a infusion of leisure and banking. “The bank is using this means to give our customers an opportunity to enjoy the ambience of the environment. “This is the first of its kind in Nigeria. We chose Lekki Phase 1 because we want to connect with the young entrepreneurs and through this platform. What we are pushing is digitalisation.

Keystone Bank Supports ICT As part of its corporate social responsibility (CSR) as well as its commitment to educational development, Keystone Bank Limited recently responded to an appeal by a 12-year-old emerging Nigerian ICT whiz-kid, Oluwatomisin Jasmin Ogunnubi, to boost her educational pursuit. A statement from the bank explained that Tomisin, a student of Vivian Fowler Memorial College for Girls in Lagos, was recently accepted by Yale University in

New Haven, Connecticut, USA, to attend the Young Global Scholars summer programme organised for outstanding high school students. She was the young girl who not only developed an app for tracking kids but has won numerous awards in Canada, US and UK. She was in Oxford in 2017. Determined not to be left out of the Yale Young Global Scholars programme, Tomisin had in April 2018 written to

the lender to partner with her in her quest and theresponse, Keystone Bank supported her with the sum of $4000 to attend the programme slated for July. Commenting on the development, the Group Managing Director/ Chief Executive Officer of Keystone Bank Limited, Mr. Obeahon Ohiwerei, represented by the Chief Risk Officer, Tijjani Aliyu said: “At Keystone Bank, our commitment to exceptional services extends beyond providing banking services.

Broad Street

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2018 Broad Money (M2)

24,303,049.86

-- Narrow Money (M1)

10,912,604.10

---- Currency Outside Banks

1,668,378.21

---- Demand Deposits

9,244,225.90

-- Quasi Money

13,390,445.76

Net Foreign Assets (NFA)

15,619,134.18

Net Domestic Assets(NDA)

8,683,915.68

-- Net Domestic Credit (NDC)

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY MAY 4, 2018

The price of OPEC basket of fourteen crudes stood at $70.99 a barrel on Friday, compared with $70.66 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 Ëž Ëœ ÍśËœ Í°ÍŽÍŻÍś

MARKET NEWS

Dangote Cement Lifts Market as Trading Resumes on Bullish Note Goddy Egene The stock market resumed on positive note yesterday as the Nigerian Stock Exchange (NSE) All-Share Index appreciated by 0.05 per cent to close at 41,233.42. Similarly, market capitalisation added N16.6 billion to close at N14.9 trillion. However, the activity level reduced as volume and value traded depreciated 21.9 per cent and 39.3 per cent to 221.4 million and N2.6 bil-

lion in that order. The positive performance was largely driven by gains in Dangote Cement Plc and Guinness Nigeria Plc. In all, 21 stocks appreciated, while 18 stocks depreciated. Eterna Plc led the price gainers with 9.7 per cent, trailed by C & I Leasing Plc with 5.0 per cent. Oando Plc garnered 4.7 per cent. Oando Plc has remained consistent in price appreciation since its technical suspension was lifted

P R I C E S MAIN BOARD

F O R DEALS

last month. Investors’ demand for the stock was reinforced with an improved results for the full year ended December 31, 2017. The company recorded profit after tax of N19.77 billion in 2017, showing a jump of 405 per cent from N3.913 billion in 2016. AIICO Insurance Plc closed as the fourth highest price gainer with 4.3 per cent, while Mutual Benefits Assurance Plc chalked up 3.8 per cent. Conversely, Unity Bank Plc

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

led the price losers with 5.0 per cent to close at N1.14 per cent trailed by UACN Property Development Company Plc with 4.8 per cent. NPF Microfinance Bank Plc and Linkage Assurance Plc shed 4.7 per cent apiece. First Alumium Nigeria Plc declined by 4.1 per cent among others. Meanwhile, an analysis of the activity table showed that the top traded stocks by volume were LASACO Assurance Plc (24.3 million shares), GTBank (20.7

T R A D E D MAIN BOARD

A S

million shares) and Sovering Trust Insurance Plc (16.6 million shares ) while GTBank (N937.6 million), Nigerian Breweries Plc (N499.8 million) and Zenith Bank Plc (N292.4 million) were the top traded by value. In terms of sectoral performance, three of the five tracked closed positively led by the Industrial Goods Index with 0.4 per cent on the back of gains in Dangote Cement Plc. Similarly, the NSE Oil & Gas

O F

Index went up by 0.2 per cent, while the NSE Insurance Index appreciated by 0,1 per cent. On the contrary, the NSE Banking Index fell by 0.3 per cent, just as the NSE Consumer Goods Index went down by 0.2 per cent. According to analysts at Cordros Capital, Dangote Cement was a major driver of market performance, as the market would have recorded a decline of 0.35 per cent loss without the counter.

0 5 / 0 5 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

Ëœ ΀˜ ͺ͸͚͜ Ëž T H I S D AY

32

Nigeria Daily Stock Market Report:

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Afrinvest Securities Limited (RC 603 315) (A Dealing Member of the Nigerian Stock Exchange)

Tuesday, May 8, 2018

THISDAY AFRINVEST 40 INDEX Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index

Ticker

Current Price

Previous Price Current Price Change Weighting Change YTD

Price Change Index to Date

ROE

ROA

P/E

P/BV

Divinden Earnings d Yield Yield

THISDAY AFRINVEST 40 1,729.79

-0.53%

12.1%

73.0%

20.7%

7.4%

8.0x

1.0x

4.7%

11.8%

1

Guaranty Trust Bank PLC

45.05

-0.6%

21.1%

10.6%

11.1%

32.6%

5.2%

7.3x

2.5x

6.0%

13.7%

2

Zenith Bank PLC

27.45

-0.2%

12.4%

7.1%

5.9%

26.3%

3.6%

4.6x

1.2x

9.8%

21.8%

3

Nigerian Brew eries PLC

128.00

-0.8%

7.6%

-5.1%

-5.2%

17.4%

8.3%

32.1x

5.4x

3.2%

3.1%

1,567.50

0.0%

7.2%

0.7%

0.7%

73.3%

18.9%

36.6x

23.2x

2.7%

2.7%

248.00

1.0%

6.0%

7.8%

7.8%

22.7%

12.0%

21.4x

5.0x

4.2%

4.7%

35.8%

35.9%

6.7%

0.8%

8.6x

0.6x

2.1%

11.6%

4

Nestle Nigeria PLC

5

Dangote Cement PLC

6

FBN Holdings Plc

11.95

-2.8%

6.7%

7

Access Bank PLC

11.25

-0.4%

4.3%

7.7%

6.1%

12.7%

1.5%

5.5x

0.7x

5.8%

18.1%

8

United Bank for Africa PLC

11.70

0.0%

4.4%

13.6%

12.4%

15.9%

1.9%

5.2x

0.8x

7.3%

19.3%

9

Ecobank Transnational Inc

20.55

0.0%

3.6%

20.9%

26.3%

-14.6%

-1.3%

6.8x

0.8x

3.0%

14.7%

10

SEPLAT Petroleum Development C

750.00

0.0%

3.3%

19.8%

19.8%

22.3%

13.2%

3.9x

0.8x

2.4%

26.0%

11

Stanbic IBTC Holdings PLC

49.10

-0.8%

3.1%

18.3%

20.0%

28.9%

3.8%

9.3x

2.7x

1.0%

10.7%

12

Unilever Nigeria PLC

52.50

0.0%

2.9%

28.0%

30.6%

19.2%

8.0%

28.1x

3.8x

1.0%

3.6%

13

Guinness Nigeria PLC

104.00

0.5%

2.3%

10.6%

10.6%

15.4%

6.1%

19.8x

2.7x

0.6%

5.1%

42.00

0.0%

14

Lafarge Africa PLC

1.4%

-6.4%

-6.4%

-36.8%

-7.7%

2.3x

3.6%

-14.7%

15

Fidelity Bank PLC

2.47

2.1%

1.1%

0.4%

-4.3%

10.4%

1.4%

1.9x

0.4x

4.5%

51.5%

16

Oando PLC

8.75

4.8%

1.7%

46.1%

46.1%

10.3%

1.5%

10.9x

0.6x

17

Dangote Sugar Refinery PLC

19.00

0.0%

1.0%

-5.0%

-6.7%

18

Okomu Oil Palm PLC

81.00

0.0%

1.2%

19.7%

19.7%

39.7%

29.4%

19

International Brew eries PLC

51.80

0.0%

0.7%

-5.0%

-5.8%

24.6%

7.4%

20

Flour Mills of Nigeria PLC

35.50

0.0%

0.7%

22.4%

22.4%

13.1%

3.0%

7.4x

0.9x

2.6%

13.5%

21

Transnational Corp of Nigeria

1.73

3.6%

0.6%

18.5%

16.9%

11.2%

2.5%

10.6x

1.1x

1.2%

9.4%

22

UAC of Nigeria PLC

18.00

0.0%

0.5%

6.5%

6.5%

1.5%

0.6%

29.3x

0.8x

3.6%

23

Diamond Bank PLC

2.05

-2.8%

0.6%

36.7%

30.6%

2.5%

0.3%

8.3x

0.2x

24

Total Nigeria PLC

222.20

0.0%

0.5%

-3.4%

-3.4%

25.0%

5.3%

10.7x

2.5x

7.7%

9.3%

2.54

-0.8%

0.7%

60.8%

5.1%

0.8%

4.8x

0.3x

3.9%

20.7%

180.40

0.0%

0.4%

-7.3%

-7.3%

30.8%

11.0%

6.5x

2.4x

9.2%

2.1x

13.2%

8.1x

2.8x

3.7%

54.2x

12.3x

12.4% 1.8%

3.4% 12.1%

25

FCMB Group Plc

26

11 PLC

27

Forte Oil PLC

43.00

0.0%

0.4%

-1.1%

2.4%

17.6%

1.6%

23.2x

3.6x

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%

4.7%

29

Cadbury Nigeria PLC

13.15

0.0%

0.3%

-16.1%

-15.7%

2.0%

0.8%

61.4x

2.1x

1.2%

1.6%

30

Presco PLC

70.00

0.0%

0.3%

2.2%

2.2%

39.7%

28.0%

2.9x

0.9x

2.9%

34.4%

31

NASCON Allied Industries PLC

21.40

0.0%

0.3%

15.7%

11.3%

54.6%

19.5%

10.1x

4.9x

7.0%

9.9%

32

UPDC Real Estate Investment Tr

10.00

0.0%

0.3%

0.0%

0.0%

0.8x

7.2%

33

Union Bank of Nigeria PLC

6.70

0.0%

0.3%

-14.1%

-10.8%

5.6%

1.2%

8.6x

0.4x

34

Julius Berger Nigeria PLC

28.05

0.0%

0.3%

0.2%

0.2%

17.3%

1.8%

7.8x

1.2x

3.6%

12.9%

1.65

0.0%

15.4% 4.3%

11.7%

35

Sterling Bank PLC

0.3%

52.8%

46.0%

9.0%

0.9%

4.9x

0.5x

1.2%

20.2%

36

Dangote Flour Mills Plc

11.45

0.4%

0.2%

-5.8%

-5.8%

61.6%

15.8%

3.7x

1.6x

1.7%

27.0%

37

GlaxoSmithKline Consumer Niger

24.00

0.0%

0.2%

11.1%

11.1%

61.2%

23.6%

37.9x

1.8x

31.3%

2.6%

38

Chemical and Allied Products P

38.75

0.0%

0.2%

14.0%

8.5%

66.2%

30.2%

18.1x

12.1x

5.3%

5.5%

39

Beta Glass PLC

83.20

0.0%

0.2%

62.2%

62.2%

18.4%

11.9%

11.7x

2.0x

1.3%

8.5%

40

Transcorp Hotels Plc

7.45

0.0%

0.1%

3.3%

3.3%

5.3%

2.9%

19.5x

1.0x

1.7%

5.1%

T o p 10 G a in e r s T ic k er

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 %

ET ER N A

6.30

9.8%

LA SA C O

24.3

2.6%

C ILEA SIN G

1.89

5.0%

GUA R A N T Y

20.7

-0.6%

OA N D O

8.75

4.8%

SOVR EN IN S

16.6

0.0%

A IIC O

0.72

4.3%

M B EN EF IT

15.9

3.8%

M B EN EF IT

0.27

3.8%

ST ER LN B A N K

15.6

0.0%

T R A N SC OR P

1.73

3.6%

SKYEB A N K

12.4

3.5%

SKYEB A N K

0.88

3.5%

Z EN IT H B A N K

10.7

-0.2%

A GLEVEN T

0.59

3.5%

UB A

9.1

M A YB A KER

2.75

3.4%

J A P A ULOIL

7.3

0.0%

R OYA LEX

0.31

3.3%

D IA M ON D B N K

6.6

-2.8%

T ic k er

Vo lum e

P ric e C hg %

0.0%

T o p 10 L o s e r s

T o p 10 T r a d e s b y V a l u e

T ic k er

T ic k er

Value

-5.0%

GUA R A N T Y

937.6

-0.6%

499.8

-0.8%

UN IT YB N K

P ric e

P ric e C hg %

1.14

P ric e C hg %

-4.9%

NB

NP FM CRFB K

1.81

-4.7%

Z EN IT H B A N K

292.4

-0.2%

LIN KA SSUR E

0.81

-4.7%

UB A

107.1

0.0%

F IR ST A LUM

0.47

-4.1%

D A N GC EM

84.5

1.0%

J A IZ B A N K

0.72

-4.0%

FB NH

63.0

-2.8%

N IGER IN S

0.27

-3.6%

N EST LE

50.3

0.0%

LIVEST OC K

0.81

-3.6%

GUIN N ESS

47.6

0.5%

WEM A B A N K

0.85

-3.4%

F LOUR M ILL

45.9

0.0%

FB NH

11.95

-2.8%

A C C ESS

44.5

-0.4%

UA C -P R OP

2.34

Investment Research

Brokerage Ayodeji Ebo | aebo@afrinvest.com

Robert Omotunde | romotunde@afrinvest.com

Bolaji Fajenyo | bfajenyo@afrinvest.com

Omotola Abimbola | oabimbola@afrinvest.com

33

T H I S D AY ˾ TUESDAY, MAY 8, 2018

MARKET NEWS

Guinness Records N5bn Profit in Nine Months on Declining Financing Cost Goddy Egene The decision of the board of directors of Guinness Nigeria Plc to inject capital into the company last year has paid off, as the firm recorded improved results for the nine months ended March 31, 2018. The company posted a profit after tax (PAT) of N5.089 billion in the nine months under review, compared with a loss of N2.555 billion in the corresponding period of 2017. The performance was

bolstered by a significant reduction in its financing cost due to the equity capital injection of N40 billion. Details for the nine months showed that Guinness Nigeria recorded revenue of N105.484 billion in 2018, up from N89.872 billion in 2017. Cost of sales rose from N58.623 billion from N69.898 billion. The company reduced its administrative expenses from N9.11 billion to N6.802 billion, while net finance cost dipped by 58 per cent from N6.657

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

billion to N2.707 billion in 2018. Hence, the company recorded PAT of N5.089 billion in 2018 as against a loss of N2.555 billion in 2017. Commenting on the results, Managing Director of Guinness Nigeria, Mr. Peter Ndegwa said against the backdrop of a challenging business environment as well as a slow and uneven economic recovery, the company had have delivered a positive performance with net sales

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 04-May-2018, unless otherwise stated.

of N105billion for the period mainly driven by the volume growth. He said: “Over the period, we continued the robust implementation of our strategy around our product portfolio, offering Nigerians quality brands across a broad range of occasions, from non-alcoholic to beer and spirits – we remain the first and only total beverage alcohol company in Nigeria. We also continued to focus on driving our productivity agenda,

improving effectiveness and delivering efficiencies across our operations which partially mitigated the impact of high input inflation in the quarter.” According to him, administrative expenses reduced by 25 per cent, as a result of an increased focus on cost management while distribution expenses reduced by 11 per cent driven by productivity initiatives such as improved truck utilisation and better truck turnaround.

Marketing expenses increased by 16 per cent as Guinness Nigeria continued to invest behind its brands over the period. We believe that our strategy and particularly the commercial execution are now yielding the desired outcomes. We will continue to focus on our strategy to deliver an improved performance in a challenging operating environment compounded by impending significant increases in taxes,” Ndegwa added.

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 194.25 195.43 9.42% Nigeria International Debt Fund 245.06 246.28 6.19% 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 0.87 0.88 5.59% ACAP Income Funds 0.66 0.66 8.68% 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 13.75% 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 160.56 161.69 5.85% AXA Mansard Money Market Fund 1.00 1.00 13.65% 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 12.14 12.46 9.53% Women's Investment Fund 103.70 106.36 3.05% 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 13.84% 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 13.56% Coronation Balanced Fund 1.14 1.16 8.29% Coronation Fixed Income Fund 1.11 1.14 7.26% 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 N/A N/A N/A FBN Heritage Fund N/A N/A N/A FBN Money Market Fund N/A N/A N/A FBN Nigeria Eurobond (USD) Fund - Institutional N/A N/A N/A FBN Nigeria Eurobond (USD) Fund - Retail N/A N/A N/A FBN Nigeria Smart Beta Equity Fund N/A N/A N/A 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 1.42 1.44 8.39% Legacy Debt Fund 3.02 3.02 4.61% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund N/A N/A N/A Coral Income Fund N/A N/A N/A GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund N/A N/A N/A 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 13.49% Vantage Balanced Fund 2.21 2.24 5.00% Vantage Guaranteed Income Fund 1.00 1.00 15.63% Kedari Investment Fund (KIF) 120.09 120.50 4.43%

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 1.20 1.19 3.69% Lotus Halal Fixed Income Fund 1,064.63 1,064.63 5.62% 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 N/A N/A N/A Meristem Money Market Fund N/A N/A N/A 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 130.51 133.00 1.41% 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 2,411.70 2,432.53 7.54% Stanbic IBTC Bond Fund 185.43 185.43 5.09% Stanbic IBTC Ethical Fund 1.09 1.10 8.42% Stanbic IBTC Guaranteed Investment Fund 233.56 233.63 6.06% Stanbic IBTC Iman Fund 188.08 190.07 4.98% Stanbic IBTC Money Market Fund 100.00 100.00 13.45% Stanbic IBTC Nigerian Equity Fund 10,388.29 10,528.18 7.42% Stanbic IBTC Dollar Fund (USD) 1.09 1.09 2.65% 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 1.35 1.36 1.18% United Capital Bond Fund 1.66 1.66 5.92% United Capital Equity Fund 0.98 1.00 7.17% United Capital Money Market Fund 1.00 1.00 12.79% United Capital Eurobond Fund 105.62 105.62 2.65% United Capital Wealth for Women Fund 1.14 1.15 4.70% 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 13.51 13.72 7.73% Zenith Ethical Fund 20.05 20.05 50.11% Zenith Income Fund 14.06 14.23 -24.95% Zenith Money Market Fund 1.00 1.00 13.88%

REITS NAV Per Share

Yield / T-Rtn

10.00 134.83

-11.35% 1.79%

Bid Price

Offer Price

Yield / T-Rtn

12.68 162.54 120.72

12.78 165.95 122.93

4.59% 13.78% 10.48%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

Putin Sworn in for Fourth Term as Russian President Keeps Medvedev as PM Vladimir Putin was sworn in as Russia’s president for a fourth term on Monday, extending his almost two-decade rule by another six years at a time of high tension with his Western rivals, according to Agence France-Presse. The 65-year-old, in power since 1999, is on course to become the longest-serving Russian leader since Joseph Stalin after his victory in March elections. Putin won nearly 77 percent of the vote in polls in which his most vocal opponent, Alexei Navalny, was banned from running. He has promised to use his fourth term to revitalise the country’s economy. But he also faces a host of thorny international disputes. “I consider it my duty and my life’s aim to do everything possible

for Russia, for its present and for its future,” Putin said at Monday’s swearing-in ceremony, with his hand on the Russian constitution. Several thousand guests lined the red carpet and filmed Putin on their smartphones as he arrived for the ceremony in the ornate Andreyev Hall, part of the Kremlin palace complex. Among them were US action star Steven Seagal, who has taken Russian citizenship, as well as former German chancellor Gerhard Schroeder and Naina Yeltsina, the widow of Putin’s late predecessor Boris Yeltsin. Putin was driven to the inauguration in a black Russianmade limousine -- a change from previous ceremonies when he used a German Mercedes. “I feel strongly conscious of my

colossal responsibility,” he said, thanking Russians for their “sincere support” and “cohesiveness”. “We have revived pride in our fatherland,” Putin said. “As head of state I will do all I can to multiply the strength, prosperity and fame of Russia.” Shortly after the ceremony, Putin asked parliament to back a new mandate for outgoing prime minister Dmitry Medvedev, his longtime ally. Medvedev, a loyal Putin lieutenant, has held the job since 2012. Some Kremlin-watchers, according to Reuters, had speculated Putin might bring in a fresh face as prime minister to kick-start reforms of the sluggish economy and revive foreign investment curtailed by stand-offs with the West.

Trump Backs CIA Nominee Gina Haspel after She Offered to Quit President Donald Trump has defended his nominee to head the CIA after she offered to withdraw amid concern over her role in harsh interrogation techniques widely seen as torture, BBC reported on Monday. Mr Trump said Gina Haspel had “come under fire because she was too tough on terrorists”. Ms Haspel, who faces a tough Senate confirmation hearing on Wednesday, has now decided not to withdraw. The tight 51-49 party split in the Senate makes confirmation uncertain. The post became vacant after Mike Pompeo was appointed secretary of state last month. Ms Haspel would be the first woman

to head the CIA if confirmed. The president offered his strong support for Ms Haspel in a tweet on Monday, ending it with: “Win Gina!” She has been at the CIA for 33 years, almost entirely undercover but most recently as deputy director, and her time at the agency covered the period when techniques that included waterboarding were used in a controversial interrogation programme for terrorist suspects. Ms Haspel herself ran a socalled “black site” in Thailand, a secretive overseas prison where such interrogations were carried out. The Washington Post says she was summoned to the White House on Friday by officials worried about her previous support for the

techniques. It was at that meeting she apparently indicated her interest in withdrawing, reportedly fearing the Senate questioning could damage her reputation and the CIA’s. She also apparently feared repeating the fate of Ronny Jackson, who withdrew his nomination for Veterans Affairs secretary amid questions over alleged past misconduct. Her misgivings prompted senior White House aides, including press secretary Sarah Huckabee Sanders, to rush later on Friday to meet her at CIA HQ in Langley, Virginia. The Post said it was not until Saturday that Ms Haspel decided to remain the nominee.

Gun Attack on Minister Deepens Political Divisions as Pakistan Nears Elections An assassination attempt on a minister has deepened divisions ahead of Pakistan’s coming elections, with an Islamist party denying involvement and an opposition figure blaming it on fiery rhetoric by the ousted premier, Reuters reported on Monday. A gunman on Sunday shot interior minister Ahsan Iqbal, a senior member of the ruling Pakistan Muslim League-Nawaz (PML-N) and ally of ousted prime minister Nawaz Sharif, as he was leaving a constituency meeting in Punjab province.

Iqbal was recovering in hospital from a bullet wound on Monday. Minister of state for interior affairs Talal Chaudhry said he was stable and in “high spirits”. Leaders from Pakistan’s main opposition parties all condemned the assassination attempt. But a prominent official of Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) opposition party said Sharif had created the backdrop for the attack at large rallies protesting his removal by the Supreme Court last July. “We condemn it with full force. But the political climate is being

seriously affected by Nawaz’s wild accusations against his opponents and creating tension and anger all over,” said Naeem ul Haq, chief of staff for former cricket star Khan. “So if Nawaz [Sharif] continues to utter poison, such incidents will continue to occur.” Pakistan’s Supreme Court disqualified Sharif as prime minister last July over a small source of unreported income and he is currently on trial before an anti-corruption court, though his party still holds a majority in parliament.

Italy Repeat Election Looms in July as Parties Still Far Apart The prospect of an election re-run in July grew on Monday as Italian President Sergio Mattarella held a final round of consultations to try to break two months of political deadlock with party leaders still far apart, according to Reuters. The leaders of the two parties with most parliamentary seats, the anti-establishment 5-Star Movement

and the far-right League, suggested an election should be held on July 8 if no last-minute deal can be reached to form a new government. League leader Matteo Salvini and 5-Star chief Luigi Di Maio proposed the date after a meeting in parliament - their first face-to-face encounter since the March 4 ballot produced a hung parliament.

LOSS OF DOCUMENT This is to inform the general public of the >ŽƐƐ ŽĨ ĞƌƟĮĐĂƚĞ ŽĨ KĐĐƵƉĂŶĐLJ ŝŶ ƌĞƐƉĞĐƚ of plot N0. FC 17, of about 1.09Ha, in 'ĂƵĚĞ &> džƚĞŶƐŝŽŶ >ĂLJŽƵƚ ĂŶĚ ƉůŽƚ EϬ͘ &> ϰϭϰ͕ ŽĨ ĂďŽƵƚ ϱ͘ϵϯŚĂ ŝŶ 'ĂƵĚĞ ĨĂƌŵ ůĂLJŽƵƚ ďĞůŽŶŐŝŶŐ ƚŽ ĞĐŝů njĞŚ KƐĂŬǁĞ D͛͘ ůů ĞīŽƌƚƐ ƚŽ ƚƌĂĐĞ ƚŚĞ ƐĂŝĚ ĚŽĐƵŵĞŶƚƐ ƉƌŽǀĞ ĂďŽƌƟǀĞ͘ WůĞĂƐĞ ŝĨ ĨŽƵŶĚ ŬŝŶĚůLJ ƌĞƉŽƌƚ ƚŽ ƚŚĞ ŶĞĂƌĞƐƚ ƉŽůŝĐĞ ƐƚĂƟŽŶ͘

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Osinbajo: How Alison-Madueke, Others Stole $3bn under Jonathan Never has a VP reduced himself as you have done, says Jonathan Omololu Ogunmade in Abuja and Obinna Chima in Lagos Vice-President Yemi Osinbajo yesterday named former Minister of Petroleum, Mrs. Deziani AlisonMadueke; Kola Aluko and Jide Omokore as the three persons he said stole $3billion during the administration of former President Goodluck Jonathan. However, Jonathan has described the vice president as being jobless, saying the country’s number two citizen has reduced himself and his office to being the spokesperson of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC). Osinbajo had on May 1 in Lagos, said whopping $3billion which he described as equivalent of N1trillion today was stolen during the period. However, after making the comment, loyalists of the former president accused him of lying and challenged him to name the looters. Following the challenge, the vice-president, according to a statement by his spokesman, Laolu Akande, named the alleged looters and proceeded to explain the circumstances of the looting. “As the vice president said $3 billion was stolen in the so- called NNPC Strategic Alliance Contracts. The three persons involved are Jide Omokore, Kola Aluko and the former Petroleum Resources Minister Diezani Alison- Maduekwe. “The companies of both Jide Omokore and Kola Aluko lifted Nigerian crude oil and kept the proceeds. The total sums converted is in excess of three billion dollars including royalties, taxes and fees unpaid for the asset from which the crude was taken. “The case is the subject of a trial in Nigeria, and criminal investigation in the United States and UK, and the assets of all three individuals have been forfeited in Nigeria, the US and the United Kingdom. “The criminal diversion and theft of sums in excess of $2.5 billion meant for purchase of arms to prosecute the war against Boko Haram: The first phase of the investigations revealed several sordid details, many of the assets

of culprits have been seized from them and they are facing trial. “The release of the sum of $289 million in cash on February 25, 2015: Documents including cash vouchers indicate that the the sum of $289,202,382 was taken from the Joint Venture (JV) Cash Call Account No. 000-0000-11658-366 of the NNPC/NAPIMS with JP Morgan Chase Bank, New York, USA. “N70 billion was released in parts from the national treasury between January 8 and February 25, 2015. In another illegal disbursement, August 25, 2014, N60billion in cash in tranches of N40 billion and N20billion: “The sum was not tied to any project or procurement and was then shared between two security agencies under the supervision of the then NSA. Most of these sums ended up in the hands of senior PDP members some of whom have returned parts of the loot. Some are standing trial for these offences. These facts are in the public domain. “There was yet another set of illegal fund withdrawals under one week between January 8 and 16, 2015, where the sum of N1.5 billion was released in three tranches of N300 million, N400 million and N800 million respectively. This money was released from the MEA Research Library Account . “Another document showed that N10 billion was released to the Office of the National Security Adviser by the Central Bank of Nigeria (CBN) on September 15, 2014. The money was released in tranches of foreign exchange of $47 million, $5 million, 4 million Euros and 1.6 million Euros. “Aletter from the Office of the NSA in November 2014 further showed that the monies were released as ‘funds for special services’. This particular release of N10bn was sourced in November 2014 from N40 billion CBN released funds meant for Corporate Social Responsibility (CSR). Investigators showed that this money was released for the PDP presidential primaries. “Lamido Sanusi, the then CBN governor was sacked for speaking up about the over $20billion missing from oil proceeds. “These cases of grand corruption and open looting of public resources pauperised Nigeria and left us with

NBS: Banking Sector Posted N32.48tn Transactions in Electronic Payment Channels Ndubuisi Francis in Abuja A total of 457,226,406 transactions valued at N32.48 trillion were recorded on electronic payment platforms in the Nigeria banking sector in the first quarter of 2018, the National Bureau of Statistics (NBS), has disclosed. The bureau in its ‘selected banking sector data for the first quarter of 2018’, which was posted on its website, stated that with 212,370,853 transactions, Automated Teller Machine (ATM) transactions dominated the volume of businesses recorded by the banking sector. According to the statistical agency, ATMs from select banks across the country, recorded transactions

valued at N1.6 trillion in the review period. The NBS also disclosed that in terms of credit to the private sector, a total of N15.60 trillion credit was allocated by the banks during the quarter under review. Oil and gas as well as the manufacturing sectors received credit allocations of N3.42 trillion and N2.07 trillion respectively to record the highest credit allocations within the period. The NBS’ ‘selected banking sector data for the first quarter of 2018’ also revealed that the number of banks’ staff declined by 0.93 per cent from 90,453 in the fourth quarter of 2017 to 89,608 in the review period.

little or no savings in the years when oil was selling at 100 to 114 dollars a barrel and we were producing 2.1 million barrels a day. “When in 2015, oil prices went even as low as between 28 and 35 dollars a barrel and oil production fell to less than one million barrels a day we had no buffer, no savings, to tide us through. “The amount released from CBN in cash on a single day, that is the US$289million ( N88.1 billion is enough to fund 244,000 N-Power graduates for a year, or pay for 1.2billion school meals or complete half of Lagos -Ibadan or half of Abuja -Kaduna -Kano roads. “The vice president also made the point that in 2014 with oil prices as high as 120 dollars per barrel, the total capital released for Power, Works, Housing, Defence, Transport, Agriculture and Defence were just N152 billion for the whole year.

“By contrast, the Buhari administration committed N578 billion to the same ministries in 2016 with oil prices as low as US$28 per barrel as part of the strategy to end the recession. The government was able to do more with less by stopping grand corruption and impunity. “Recently, the minister coordinating the economy in that administration has written a revealing book : Fighting Corruption is Dangerous: The Story Behind the Headlines. Who knows, perhaps her stories too are all lies!” the statement read. However, in a statement yesterday by his former aide, Reno Omokri, Jonathan pointed out that even the Attorney General of the Federation and Minister for Justice, Abubakar Malami, “has conducted himself with more dignity than the vice president and is allowing the

agencies charged by law to fight corruption to do their jobs.” He, advised Osinbajo to focus on responding to what he described as the #BuhariChallenge and “inform Nigerians of even one project that the Buhari administration has initiated, started and completed in three years.” He explained: “To refresh the memory of Nigerians and the international community, while speaking at The Platform, a programme organised by the Covenant Christian Centre, Vice President Yemi Osinbajo alleged that three individuals stole $3 billion under the Jonathan administration. “When challenged to provide proof, the vice president went on to identify those three individuals as Messrs Jide Omokore, Kola Aluko and the former Petroleum Resources Minister, Mrs. Diezani Alison-Madueke.

“He then went ahead to cite a commercial transaction, saying inter alia that “the companies of both Jide Omokore and Kola Aluko lifted Nigerian crude oil and kept the proceeds. “The total sums converted is in excess of $3billion including royalties, taxes and fees unpaid for the asset from which the crude was taken.” Jonathan explained that both Omokore and Aluko were not members of his cabinet, neither did they hold any government office or position, saying they were private businessmen who had dealings with various corporations and whose dealings are subject of litigation. Also, the lawyers to Omokore and Atlantic Energy Drilling Concept Limited, RA Lawal-Rabana & Co, have advised Osinbajo to

Cont’d on page 46

WE APPRECIATE YOUR PRESENCE

L-R: Senior Special Assistant to the President on Sustainable Development Goals, Mrs. Adejoke Orelope-Adefulire; Bishop Co-Auditor, Diocese of Lagos, Rt. Rev. Humphrey Olumakaye; Lagos State Governor, Mr. Akinwunmi Ambode; Diocesan Bishop of Lagos and Dean Emeritus, Church of Nigeria (Anglican Communion), Most Rev. Ephraim Adebola Ademowo; Chancellor, Diocese of Lagos, Justice Adedayo Oyebanji, during the 33rd Synod of the Diocese of Lagos at Our Saviour’s Church, Tafawa Balewa Square, Lagos....yesterday

Crude Oil Price Surges Above $75, Highest Since November 2014 Ejiofor Alike with agency reports Crude oil prices yesterday surged to their highest levels since late 2014, as a result of the moves by the United States oil major, ConocoPhillips to take over Caribbean assets of Venezuela’s state-run PDVSA to enforce a $2 billion arbitration award, in addition to a looming decision on whether the United States will re-impose sanctions on Iran. At the session high, the global benchmark, Brent crude futures touched their peak since November 2014 at $75.91 per barrel, before settling at $75.81 per barrel. Also the United States West Texas Intermediate (WTI) crude oil futures rose 69 cents to $70.40, the first time since November 2014 that WTI had climbed above $70. Reuters also reported that China’s Shanghai crude oil futures, launched in March, broke their dollar-converted record high, touching $72.54.

Supporting prices is the possibility that the United States might re-impose sanctions on Iran, OPEC’s third-largest producer, which could result in further supply reductions from the Middle East. There is widespread expectation that US President Donald Trump will withdraw from the Iranian nuclear pact, which could curtail Iranian’s oil exports by up to 300,000 bpd. Trump has a May 12 deadline to determine whether to extend sanction waivers. British Foreign Secretary, Boris JohnsonisintheUnitedStatesinaneffort to convince the Trump administration to stay in the deal. Also boosting prices is US oil major ConocoPhillips’ plan to take over Caribbean assets of Venezuela’s state-run PDVSA to enforce a $2 billion arbitration award, a move that could deal a further blow to the company’s declining oil output and exports. Venezuela’s oil output has halved since the early 2000s to 1.5 million barrels per day (bpd), hit by a lack

of investment. Saudi Arabian Energy Minister, Khalid al-Falih, said he was concerned about possible shortages of spare crude oil production capacity. But US output has soared by more than a quarter in the past two years to 10.62 million bpd and is likely to rise further this year as energy companies keep drilling. However, Russian Energy Minister, Alexander Novak, pledged Russia’s 100 percent compliance in May with an OPEC-led pact to reduce production. OPEC had on November 27, 2015, decided to pump as much as it could to defend market share, an action that sent the price of oil to a low of $27 per barrel in February 2016. With the drop in oil price to an all-time low, OPEC and other major producers including Russia started to withhold output in 2017 to rein in oversupply that had depressed prices since 2014. OPEC’s main objective for

the cuts is to eliminate a global surplus in oil stocks and re-balance the market. OPEC, together with Russia and a group of other producers, last November extended an outputcutting deal to cover all of 2018. The production-cutting pact between the OPEC, Russia and other producers has given strong tailwind to oil prices. The initial deal, under which OPEC and non-OPEC producers are cutting supply by about 1.8 million barrels per day, had expired in March 2018. The cartel will then meet on June 22, 2018 to review its oil production policy. After falling from an all-time high of $147 per barrel in July 2008, Brent crude price had hit a peak of $115 per barrel in June 2014 before the excess inventory in the oil market forced the price down to $27 per barrel in February 2016. WTI also reached a peak of $105 per barrel in June 2014 before the sharp drop in oil prices.

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2,092 Delegates to Elect PDP Governorship Candidate in Ekiti Primary Today Fayose, Adeyeye renew hostility Onyebuchi Ezigbo in Abuja and Victor Ogunje in Ado Ekiti A total of 2,092 delegates will today choose the Peoples Democratic Party (PDP) governorship candidate for the July 14 gubernatorial election in Ekiti State. The delegates are made up of 1,585 statutory delegates and 457 ad hoc delegates. This was confirmed to journalists in Abuja by the party National Publicity Secretary, Mr Kola Ologbondiyan, yesterday in Abuja. The 1, 585 statutory delegates are drawn from party officers, current and past elected councillors, council chairman, former State Working Committee (SWC) members, members of the National Assembly, former federal lawmakers, former speakers, serving and former members of NEC who are still members of the party and former governors, while ad hoc delegates consist of the three delegates elected from each of the wards in the state. Already, three aspirants have been cleared by the PDP screening committee for the primaries of the party. The aspirants are the incumbent state Deputy Governor, Prof. Olusola Kolapo Eleka; Senator Abiodun Olujimi and immediate past National Publicity Secretary of the party, Prince Dayo Adeyeye. Addressing journalists, Ologbondiyan said the three aspirants had agreed to accept the outcome of the primaries and to

support whoever emerges as the candidate. The National Publicly Secretary of the party explained that all the 51 appointees of the state governor who contested as delegates for primaries and won at the ward level have been dropped because they did not resign their appointments before contesting for delegates slots. He said the three aspirants in the race for the PDP ticket are so far happy with arrangements for the primary, mainly because the national leadership of the party has been sticking to the rules and guidelines of the party. “We want to assure you that there will be peace in Ekiti State. Our only concern is hoodlums from the other parties, but they will not have access to the venue. “The processes leading to the primary are very transparent and that is why there have not been any complaints from them. “The party is desirous of sticking to the rules and making sure popular candidate emerges,” he said. The state governorship electoral committee is headed by Delta State Governor, Dr. Ifeanyi Okowa, while the party Chairman, Prince Uche Secondus, will preside over the appeal committee. All other members of the National Working Committee (NWC) are also members of the appeal committee which would sit in Abuja next Thursday. Meanwhile, the national leadership of the PDP has charged

delegates of the governorship primary as well as members and its supporters in the state to continue to ensure a smooth and hitch-free exercise today. The party in a statement issued by its spokesman urged all stakeholders, particularly, the aspirants to exhibit the spirit of sportsmanship and commitment towards having a peaceful, free and credible process. According to him, “The leadership of the party restates its stand to continue in the highest level of transparency and to ensure an all-inclusive playing ground for all aspirants in all the processes leading to the governorship primary. “Furthermore, the party charges all our members in the state to remain vigilant and give no space to external forces, who might be

used by the opposition to attempt to disrupt the peace of the state, having realised that we are coasting to victory.” However, the primary will renew the hostility between Governor Ayodele Fayose and former Minister of Works, Adeyeye. Fayose had last year endorsed his deputy, Olusola, through the State Working Committee (SWC), led by Mr. Gboyega Oguntuase as the sole candidate of the party. Adeyeye, Olujimi and former Attorney General and Commissioner for Justice, Mr. Owoseeni Ajayi, who had withdrawn from the race, had fought back. At a joint press conference by the trio, they averred that it was antithetical to democratic tenets for them to have been precluded

from the race, even if Fayose had a preference. Adeyeye, who spoke on behalf of the aggrieved aspirants, posited that they would fight on until the party retraces its step and remove the ceiling put on their aspirations. The premonition that crisis might erupt in the primary resonated during the state congresses of the party where allegations of fraud were raised by some interested parties against the conduct of the election. The crisis festered to the point that the NWC set up Senator David Mark reconciliation committee to mediate in the matter. Shortly after then, Fayose changed gear and told the public that he remained committed to the sustenance of democratic norms Adeyeye boasted that except the

process is manipulated, he remains a candidate to beat in the election. While declaring his intention for the seat, Adeyeye said nobody has the right under the 1999 Constitution to guillotine the aspirations of others, except the court of law on account of not eligible to contest. “Nobody can stop my aspiration. I am qualified by age, education and I have the mental capacity to hold any exalted office in Nigeria.” The PDP Publicity Secretary in Ekiti, Mr. Jackson Adebayo, said all is set for smooth conduct of the primary that may either make or mar the chances of the party in the state. Adebayo promised that the election would be free, fair and credible contrary to fear being nursed by members.

CBN: FG Spent $36.3bn on Fuel Importation in FiveYears The Central Bank of Nigeria (CBN) yesterday said Nigeria spent $36.3 billion on the importation of petroleum products between 2013 and 2017. The apex bank made the disclosure at a public hearing organised by House of Representatives’ Ad hoc Committee investigating the state of the nation’s refineries, their turn-around maintenance to date and regular/ modular licensed refineries. The Director of Research, CBN, Ganiyu Amao, who represented the bank, said the fuel importation figure was part of 119.41 billion dollars the federal government spent on importation of commodities during the period. Amao said that efforts by the bank to intervene in foreign exchange market were usually curtailed by excessive outflow of foreign exchange. According to him, the trend had exerted undue pressure on the nation’s external reserve and induced depreciation of the naira. “Data from CBN shows that from 2013 to 2017, total foreign exchange committed to imports in the country stood at $119.41 billion, while total foreign exchange committed to imports in oil sector stood at $36.37 billion. “This represents 13.5 per cent of all imports made by the country. “It greatly exerts serious pressure on our external reserve and depreciates the value of our local currency,” he said. Amao also disclosed that domestic consumption of fuel rose from 4.5 million metric tonnes to

23.9 million metric tonnes in 2013 and dropped to 2.6 million metric tonnes in 2016. He said the CBN favoured a policy that compelled International Oil Companies (IOCs) to refine at least half of the crude that they produced for domestic consumption. Earlier, the committee had directed the Nigerian National Petroleum Corporation (NNPC) to provide relevant information on the turn-around maintenance of refineries in the country. The Chairman of the committee, Datti Muhammad (Kaduna-APC), according to the News Agency of Nigeria (NAN), expressed dismay that some stakeholders attempted to frustrate the investigation by refusing to avail the committee of information needed to aid the probe. He said: “Only a few organisations and individuals have complied with the committee’s request for documents and memoranda as many are bent on frustrating the investigation. “The committee derives its authority to conduct this probe from the resolution referred to it in line with the provisions of the Constitution. “And this committee will not hesitate to evoke relevant provisions of our laws with a view to obtaining compliance from parties required to make inputs and providing information,’’ Muhammed said. In his submission, Chief Operating Officer, NNPC, Anibor Kragha, said instead of turn-around maintenance, the refineries required comprehensive rehabilitation.

LUCKY WINNER

R-L: Representative of Lagos State Governor, Senator Olamilekan Solomon Adeola; winner of the IBILE Comedy Challenge 2018, Gift Igbomgbo A ‘ proko’; Minister of Information and Culture, Alhaji Lai Mohammed; and Lagos State Commissioner for Tourism, Arts and Culture, Mr. Steve Ayorinde, during the Lagos Laughs Season 2 in Lagos....Sunday

Presidency: PDP’s Letter to UN Preposterous, Confirms It as Bad Loser Omololu Ogunmade in Abuja The presidency yesterday cried wolf over the letter sent to the United Nations (UN) by the Peoples Democratic Party (PDP) alleging violations of human rights by the administration of President Muhammadu Buhari and its indifference to wanton destruction of lives in the country. In a statement, Senior Special Assistant to the President on Media and Publicity, Mala, Shehu Ganba, who described the letter as preposterous, said the PDP was only angry because it no longer had the opportunity to perpetrate its undemocratic tendencies. He said the letter exposed the PDP as a bad loser which hoped to exploit the current developments in the country to stage a come back. Shehu who described PDP’s accusation that Buhari has destroyed Nigerian democracy as preposterous and comical, alleged

that PDP was only attempting to pervert history by delivering a lecture on democracy. Shehu who also reeled out various accusations of misdemeanour against PDP which he said led to its humiliation, said the public would marvel if the extent of perversion done to the country by the party is unveiled to it. He also lamented the accusation that Buhari’s government was behind the protracted spate of killings in various parts of the country, wondering what the government would gain by sponsoring the killings of Nigerians. Arguing that the party has no proof to back the allegation, Shehu said the allegation was not only embarrassing but also an expression of tribalism and instigation for balkanisation. He said the party was very happy by the prevalent insecurity in the country because it hoped to exploit it to score political points. The statement read: “The letter

written by the National Chairman of the People’s Democratic Party (PDP), Mr. Uche Secondus, to the United Nations Secretary General accusing President Muhammadu Buhari of several allegations confirm the opposition party as a bad loser, desperate for another chance after they were kicked out for failing the country and its people “In the said letter which is no less preposterous and comical, the opposition accused the Nigerian government of ‘destroying Nigeria’s democracy.’ “PDP’s lecture on democracy and the rule of law coming from a party with a tradition of undemocratic rule is a desperate attempt to pervert history and the course of justice. “The sermon is both trite and hollow, coming from a party with intolerance for dissent as its hallmark. A party that humiliated opposition parties and stunted their growth. This was the atmosphere that nurtured the birth of the All Progressives Congress (APC.) “The war against corruption,

for which many more politicians may soon be docked, cannot be misrepresented as an attack on human rights and Secondus should not try to mislead the UN. “Nigerian politicians at all levels have been used to dispensing with state funds in whatever manner they please, and to have someone, an administration, finally saying, ‘No. It doesn’t matter how big or important you think you are; the law must come against you...’ That is not something they are used to at all. “For the PDP, as it has now emerged, national security was the major source of their funding. “The PDP chairman and all other politicians against whom the country’s anti-corruption agencies have on-going investigations, should be assured that it is only a matter of time before the law catches up with them, and makes them pay for the grief their mismanagement of the past has caused, and is still causing Nigerians. Nigerians suffered because of the poison sowed by the PDP.”

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APC WARD CONGRESSES...

APC WARD CONGRESSES...

Botched Ekiti Guber Primary: APC May Disqualify Aspirants Appeal panel wades into disputed congresses Our Correspondents The All Progressives Congress (APC) has said it may consider wielding the big stick on those responsible for the disruption of its Ekiti State governorship primary held last Saturday. The governorship primary was aborted midway when some of the party stakeholders stormed the venue and tore open the ballot box in protest over alleged malfeasance by the committee conducting the election. Speaking to journalists yesterday, the National Publicity Secretary of APC, Mallam Bolaji Abdulahi, said the leadership of the party has received report from the leader of the electoral panel, Governor Tanko Al-Makura. He said the National Working Committee (NWC) of the party would be meeting last night to consider its recommendations. Abdulahi said the NWC would especially consider the issues that resulted in the primary election being aborted, adding that based on the report and video evidences of what transpired, it may decide to sanction those found culpable. According to him, “We just received a report from the Chairman of the committee, AlMakura, whom we sent to the state to conduct the governorship primary. “He gave us a full report orally and submitted a written report of what transpired in Ekiti State. “They also made specific recommendations which gave the NWC a couple of options on how to proceed. The NWC is meeting tonight to consider the report, and tomorrow (today) morning, we will be able to make our decision clear on how to proceed.” The spokesman further said anyone found to have been involved in the disruption of the primary election would likely be sanctioned. He explained that the party would also decide if the five local government areas where elections were already conducted will be allowed to stand.

Fayemi Faults Jide Awe’s Removal as Ekiti APC Chair

The Minister of Mines and Steel Development and governorship aspirant of the All Progressives Congress (APC), Dr. Kayode Fayemi, has faulted the reported removal of the Ekiti State Chairman of the party, Chief Jide Awe, by a section of the party, urging them to rescind the decision for the sake of the party and democracy. The minister said APC remains a political party with a very rich democratic culture adding that removal of its elected executives, on whatever ground, must be in line with laid down procedures. Fayemi in a statement by his Special Adviser of Media, Mr. Yinka Oyebode, said he would not support any attempt to subvert the rule of law within the party, hence he was opposed to the sacking of the Jide Awe-led executive regardless of the weight of the allegations, without recourse to the party’s laid down procedure. He urged those desirous of a change in the leadership of the party in the state to wait till September when the party would hold its congresses for the election of new officers in Ekiti State. “Anything short of this is not acceptable,” he said. The statement reads: “The report of the alleged removal of Awe as the state chairman of our party is quite troubling, especially giving the method adopted by the aggrieved members. “The aggrieved members had cited, among other reasons, Awe’s perceived biased position in the current governorship primary exercise in the party, where he was accused of overtly supporting a particular aspirant as well as hobnobbing with the Governor Ayodele Fayose-led government.“Regardless of the weighty nature of these allegations, removal of state executives in APC through a Gestapo style is not acceptable. In fact, it is condemnable. “I, for one, cannot be part of this. Our party is built on democratic tenets and the rule of law. So, I urge all those who desire a change in the current leadership in the state to wait till September when the state congresses for the election of new set of officers would hold in Ekiti. The minister also urged well-meaning members of the party to work for the unity of the various tendencies within the party ahead of the governorship election in the state. “Regardless of the differences we might have, especially in the on going process of choosing the flag bearer of our party for the July 14 governorship election, we must unite in our efforts to chase out the incompetent and insensitive PDP –led administration. That we cannot afford to compromise,” he added.

Steer Clear of Imo, APC State Leaders Warn Osinbajo

Rising from an emergency meeting in Abuja yesterday, the All Progressives Congress (APC) political leaders in Imo State said they had credible information that Vice-President Yemi Osinbajo was putting pressure on the party’s national leadership to tamper with the mandate of APC state members, as exercised in the party’s ward congress last Saturday. Advising the vice-president to steer clear of the state APC affairs and respect the will of the people, the party leaders in the state said as a senior lawyer, he should be mindful of the legal implications of his suspected action. In a statement signed by Dr. James Obi after the meeting, the APC leaders said their advice was predicated on “credible information that Osinbajo-led forces within the party” were putting pressure on the

National Financial Secretary of the All Progressives Congress (APC), Alhaji Tajudeen Bello (second right), handing over the membership card of the All Progressives Congress (APC) to the Minister of Finance, Mrs. Kemi Adeosun, in the presence of other party chieftains in Abeokuta, Ogun State....weekend National Chairman of the party, Chief John Odigie-Oyegun, to alter the party ward congress that took place last Saturday as it affects Imo State. The state Governor, Rochas Okorocha, who was said to have lost out in the ward congress, reportedly rushed to Daura, Katsina State, last Sunday and briefed President Muhammadu Buhari over alleged infractions that characterised the congress in the state, saying the ‘funny politics’ witnessed at the Saturday’s ward congress of the APC across the country must stop. Speaking with journalists after meeting the president, Okorocha said internal democracy was the way to go. “We expect internal democracy, and internal democracy is the way to go. This kind of funny politics that we are playing must stop,” the governor said. But Obi, on behalf of APC leaders in Imo State, said the outcome of the congress last Saturday in the state was a “sound democratic decision’’ of members of the APC across the wards, and warned against tampering with the result. ‘’Against the falsehoods being peddled around by Okorocha, who was defeated in the ward congress last Saturday, congress was held in all wards in the state.”

C’River APC Congresses: Materials Still in Police Custody, Says CP

As controversies continue to trail last weekend’s botched ward congresses of the All Progressives Congress (APC) in Akwa Ibom State, the state Commissioner of Police, Mr. Hafiz Inuwa, has disclosed that the materials meant for the conduct of the congresses were still with the police. The commissioner said this yesterday while reacting to enquiries about the whereabouts of the materials for the congresses which the stakeholders kept in the safe custody of the police by the party stakeholders after the congresses were postponed indefinitely. The enquiries followed claims by a factional chairman of the party, Mr. Etim John, who addressed a press conference last Sunday, claiming that free and fair ward congresses held throughout the state. “The stakeholders agreed among themselves. After their disagreements, they said they will not entrust the congress materials to any of them hence they came to the police and handed over the materials to the area commander in his office. “We prevented bloodbath on Saturday, and if not for the quick intervention of the police, what we would have heard today would have been devastating. We thank God for police quick intervention. “Who released the materials to them to conduct the congresses. He is a liar because even in the night, after 12 midnight, up to the time I am talking to you, the Area Commander has not told me that he has released the materials to anybody, he cannot release the materials without my instruction. “What is being alleged by some of them is becoming evident now that some people just wanted to sideline others, and we are not politicians, so we are not into their games, ours is to maintain law and order.”

Minister Seeks Cancellation as Party Chair Hails Exercise in Enugu

Amid controversy trailing last Saturday’s ward congress of the All Progressives Congress (APC) in Enugu State, party leaders have sharply disagreed on whether or not the outcome of the exercise should be upheld. While the Minister of Foreign Affairs, Geoffrey Onyeama, has called for the cancellation of the exercise on the grounds that it was flawed, the party Chairman in the state, Ben Nwoye insisted that the congress was generally peaceful. Onyeama told journalists that though his group organised a peaceful congress, it would not be said to have met the constitutionally

required standard since an appreciable number of people were sidelined. He expressed dismay that the committee that was appointed to supervise the congress absconded and were no where to be found. In a swift reaction however, Nwoye, the APC chairman in the state, dismissed the allegation of parallel congress in the state, insisting that the congresses were the most peaceful in the country.

Niger APC Chairman: Why We Adopted Affirmation Option

The All Progressives Congress (APC) Chairman in Niger State Alhaji Jibrin Imam, has defended the affirmation method adopted by the party for last Saturday’s wrd congresses, saying that “the policy will help to strengthen and stabilise the party.” The leadership of the party were all returned by consensus without the casting of votes during the congresses a development that saw virtually all those that occupied the seats retaining them. Imam said in Minna yesterday that “the decision to adopt the affirmation option did not come with ease but we are happy we took the decision “The affirmation option did not come with ease we are happy we took the decision the policy will further strengthen the party’s existing structures “We have shown maturity in the way we handled the exercise, our party will now move forward without any obstacle” Imam said. In the meantime the state Governor, Alhaji Abubakar Sani Bello, has commended members of the party in the state for “conducting a peaceful and rancour-free ward congress..

How God Saved Our Lives, Says Oyo APC Congress Committee

Twenty-four hours after the Governor Abiola Ajimobi of Oyo State described the ward congress of the All Progressives Congress (APC) as peaceful, the estranged group comprising a serving Minister of Communications, Adebayo Shittu, a leading gubernatorial aspirant, Prof Adeolu Akande, lauded the Alhaji Musa Haliru-led Congress Committee for the successful exercise. A statement signed by the Secretary of the Forum, Wasiu Olatubosun, and made available to journalists yesterday, also commended the APC members across the state for conducting themselves in orderly manner, charging them to continue with the same decorum during this weekend’s local government congress and the state Congress respectively. The Unity Forum said the ‘overwhelming victory of members of the Unity Forum’ has again reconfirmed that indeed every politics is local and that the ultimate power belongs to God who made it possible for the forum to triumph across the 351 wards in the state. The forum’s position came few hours after the governor had stormed Oke Ado state Secretariat of APC to witness the announcement of the outcome of the congress billed to be beamed live on broadcast channels. The ward congress chairman also confirmed the reports from the wards as peaceful especially across all the three Senatorial districts in the state, adding that, “I am here to tell the media and the people of our great party that whatever decision we take here is being guided by the laid down procedure of our party, the APC. Haliru added: “In Politics generally, there are winners and there are losers; there are some who believe they must have their way and if they can’t have their way, all must loose. The unfortunate incident that happened the day we arrived here where my life was threatened, two of my members were injured, but we stood our ground knowing fully well that the process cannot be intimidated most especially when we are carrying out this assignment.

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Falana: Administrators of Tertiary Institutions Criminally Diverted N250bn TETFund Says N463bn TETFund not accessed Seeks review of guidelines to access the fund Gboyega Akinsanmi A human rights activist, Mr. Femi Falana, yesterday alleged that some unscrupulous administrators of public tertiary institutions in the country had criminally diverted no less than N250 billion education intervention fund from the Tertiary Education Trust Fund (TETFund). Falana, a Senior Advocate of Nigeria (SAN), also alleged that the administrators were able to

divert the fund criminally with the connivance of the former board members of the TETFUND. He made the allegations at the 20th Delegates Conference of ASUU held at the Tafawa Balewa University in Bauchi State, although commended the union for the initiative which led to the enactment of the Tertiary Education Trust Fund (TETFund) Act in 1992. The National Assembly had in 2011 amended the TETFund

SERAP Asks Fashola to Account for Post-privatisation Spending on Power Sector A civil society organisation, Socio-Economic Rights and Accountability Project (SERAP), has sent a Freedom of Information request to the Minister of Power, Works and Housing, Mr. Babatunde Fashola (SAN), asking him to urgently provide information on specific details of spending on the privatisation of the electricity sector and the exact amount of post-privatisation spending to date. It also ask Fashola to explain if such spending came from budgetary allocations or other sources. The organisation demanded “information on the status of implementation of the 25-year national energy development plan, and whether the Code of Ethics of the privatisation process which bars staff of the Bureau of Public Enterprises (BPE) and members of the National Council on Privatisation (NCP) from buying shares in companies being privatised were deliberately flouted.” In the letter dated May 7, 2018 and signed by SERAP executive director, Adetokunbo Mumuni, the organisation said: “Since the privatisation of the power sector, the government has continued to use public resources to subsidise private entities. The Goodluck Jonathan government reportedly spent over N400 billion on the power sector while the present government spent over N500 billion on the sector despite privatisation. It is unclear if this spending is drawn from budgetary allocations and if these are loans to generation companies (GENCOS), Distribution companies (DISCOS) and Transmission Company of Nigeria.”

It said: “Assuming the funds are given as loans, SERAP would like to know whether appropriate guarantees have been provided to secure such loans, and whether such loans provide value for money for Nigerian tax-payers. Publishing details of spending on privatization of the power sector and post-privatization spending on GENCOS and DISCOS would serve the public interest and provide insights relevant to the public debate on combating corruption in the power sector as well as help to improve citizens’ access to regular and uninterrupted electricity supply.” According to SERAP, “If the requested information is not provided to us within 14 days of the receipt and/or publication of this letter, the Registered Trustees of SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.” It expressed concern that “the privatisation of the sector and unbundling of the Power Holding Company of Nigeria (PHCN) into different generation, distribution and transmission as well as post-privatisation spending and the identities of those who bought GENCOS and DISCOS have remained shrouded in secrecy.” The letter read in part: “The privatization of power assets has already caused major crises, ranging from illiquidity, load rejection, metering, corrupt practices, lack of gas to power the stations, disinterestedness of investors, lack of injection of fresh capital after acquisition of financing, tariff interest, consumer apathy, foreign exchange hostilities, and sundry issues.

MARAFA: YARI WORKING WITH OTHERS TO SABOTAGE BUHARI’S RE-ELECTION The senator said when he demanded to know what would be done in the circumstance, the chairman of the committee said he would call a stakeholders’ meeting. “The chairman said he would call me and inform me whatever decision the headquarters decides to take. But he never did. Only for me to receive a speech delivered by the governor wherein he claimed that consensus had been reached in his ward “The governor claimed that

there was affirmation but there can not be affirmation when some people have paid their money and have collected their tellers. This mean there was no consensus. Marafa said members of the party in Zamafara have insisted that the local government congress would be dissolved He called on the president to hold the governor responsible if the process leads to breakdown of law and order in Zamfara State. Consensus is not by force. The governor can’t force us to do consensus.”

(Establishment) Act, thereby charging it with the responsibility for managing, disbursing and monitoring the education tax to public tertiary institutions in Nigeria. To achieve these objectives, the TETFund Act imposes two per cent education tax on the assessable profit of all registered companies in Nigeria to support the universities, polytechnics and colleges of education owned by the federal and state governments. At the conference, the senior advocate attributed the diversion to the failure of the staff and student unions in different tertiary institution to monitor the fund over the years He assured that the bulk of the stolen fund would be recovered by the anti-corruption agencies, which according to him, were currently probing the fraud. He urged the TETFUND “to stop imposing a ban on institutions from accessing the fund because

some past administrators failed to render account of the monies collected by them.” He also asked the Academic Staff Union of Universities (ASUU) to ensure that the N463 billion education intervention set aside in the Central Bank of Nigeria to support the country’s public tertiary institutions. Falana lamented that the tertiary institutions did not access N250 billion from the intervention fund between 2011 and 2016 and that a whopping sum of N213.4 billion was still outstanding for 2017. Specifically, the senior advocate disclosed that at least 78 public universities “are entitled to about 50 per cent of the total sum of N463 billion in the TETFUND Account.” He urged the TETFUND board to review the cumbersome guidelines for accessing the fund while calling on the ASUU and other campus unions to monitor

the collection of the education tax, the disbursement and management of the intervention fund by the authorities of tertiary institutions. Instead of imposing collective punishment on the innocent staff and students of such institutions, Falana said TETFUND should submit the names of such administrators “to the police and the anti graft agencies for investigation and possible prosecution.” Without the intervention of the TETFUND, Falana noted that the public tertiary institutions would have collapsed since successive governments in the country “have paid lip service to the funding of education. “As the various governments have failed to make provision for capital projects in public schools, the TETFUND has become the only source of funding infrastructural development and research in all the public tertiary institutions.

“If the TETFUND can make available N213 in 2017 alone, the establishment has the capability to make a greater impact on the public tertiary institutions if the education tax is effectively collected and monitored.” Falana made a strong case for the involvement of all stakeholders in the collection of the education tax, tasking the ASUU “to deploy its intellectual resources to collate information of all companies that are liable to pay the education tax as less than 50 percent of all companies operating in the country are currently paying the tax. He urged the ASUU “to collaborate with the Federal Inland Revenue Service for effective collection of the education tax. Having fought for the enactment ASUU has a legitimate right and moral duty to ensure that the law is well implemented.”

CAPITAL MARKET COMMITTEE MEETING

L-R: Acting Executive Commissoner Legal and Enforcement, Securities and Exchange Commission (SEC), Mr. Reginald Karawusa; acting Executive Commissoner, Corporate Services, Mr. Henry Rowlands; Acting Director General, SEC, Ms. Mary Uduk; and Acting Commissoner Operations, SEC, Mr. Isyaku Bala Tilde, during the press conference by Capital Market Committee at its office in Lagos...weekend. KOLAWOLE ALLI

Tension in CCB over Return of Kolawole as Acting Secretary Alex Enumah in Abuja There is growing tension at the Code of Conduct Bureau (CCB) over the re-absorption of Mrs. Folasade Kolawole as the Acting Secretary of the Bureau. Kolawole was said to have voluntarily retired from service in April 2017, following her suspension by the board of the CCB over allegations of, “serious official misconduct and abuse of office”. However, few months after her retirement, she returned to office in a manner some said did not follow due process. She had alleged that her suspension was unjust. Her letter of retirement dated April 12, 2017 read in part: “This is to most graciously notify you of my voluntary retirement from the services of Code of Conduct Bureau with effect from July 12, 2017, having served the Bureau for 32 years and four months at various levels up to my current position of Acting Secretary, CCB. “Accordingly, I wish to proceed on my three months pre-retirement

leave with effect from today, April 12, 2017”, the letter stated. Accordingly, the Board, through its then Chairman, Sam Saba, approved of her voluntary retirement from service with effect from April 12, 2017. Checks revealed that after her retirement and subsequent handing over of all official possessions to the Bureau, Mrs. Kolawole’s repatriation allowance of N873, and 860.60 was prepared and paid to her. Some staff of the Bureau disclosed that Mrs. Kolawole returned to her former office following the expiration of the tenure of the board that earlier suspended her from office over her alleged role against the constituted Standard Operational Procedure (SOP). Meanwhile, the office of the Auditor-General of the Federation has queried the appointment of Kolawole as the Acting Secretary with same consolidated condition of service as that of a permanent secretary. According to a letter dated April 16 and received by the Bureau on April 18, the appointment has led

to a monthly salary difference of N620, 929.96, culminating in a loss of N14.9 million to the government. “The enabling Act of the CCB did not provide for the position of Acting Secretary or Secretary for the Bureau to be equal to the permanent secretary without proper authorisation of the presidency. “It is therefore inappropriate for someone to claim salary of a permanent secretary. It is illegal, improper, unjust and absence of integrity for the Bureau that was established as a watch-dog on public officers in the public service to engage in this questionable act”, the letter read in part. The letter purportedly signed by the Permanent Secretary, Office of the Secretary to the Governor of the Federation (SGF) was addressed to the most senior director after Kolawole, directing him to officially recall the retired Acting Secretary. In his reply dated August 30, the erstwhile Director, Reforms Coordination and Service Improvement Department, Mr. N. Agom-Tor, who was handed over the helm of affairs at the Bureau,

emphasised that he constitutionally lacked the legitimate power to recall a retired staff. Kolawole’s return to the Bureau has led to a legal action by a nongovernmental organisation - Royal Integrity and Accountability Organisation, which has approached the National Industrial Court NIC), seeking an order of interim injunction restraining the respondents (OSGF, CCB and Mrs. Kolawole) from reinstating the former Acting Secretary. However, Mrs Kolawole responding, stated that her letter of reinstatement was signed by the Office of the Secretary to the Government of the Federation and added that, she is a public servant and anemployeeofthefederalgovernment, and as such, further explanation on the legality or otherwise of her recall should be directed at the OSGF. Meanwhile, the Head of Information of the Bureau, Mohammed Idris, said the government is taking care of the situation as a five-man panel of inquiry has been constituted to look into the matter.

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FG Seeks Extra Seats on Boards of Discos as BPE Calls for Parley Chineme Okafor in Abuja The federal government appears not to have relented on its desire to have additional seats on the boards of the 11 electricity distribution companies (Discos) in Nigeria’s electricity sector,

and has in this regards asked the Bureau of Public Enterprises (BPE) to begin negotiations on this with the Discos, THISDAY yesterday learnt. The paper gathered in Abuja from reliable Discos’ sources that the

...Checkmates Secret Ownership of Companies Olawale Ajimotokan in Abuja The federal government has declared that it is considering a public register of beneficial owners of companies that will henceforth make it impossible for secret ownership of companies and properties in Nigeria. This was disclosed yesterday by the Secretary to the Government of the Federation (SGF), Boss Mustapha, at Open Government Partnership (OGP ) held at the NAF Centre in Abuja. Mustapha said covert ownership of companies would now be a thing of the past, when a public register of beneficial owners of companies is open and operational. The SGF also announced that the Corporate Affairs Commission (CAC) has given government assurances that in the immediate future, necessary dossier of persons with significant control over incorporated companies will be generated and made available on demand. Mustapha said with all these complimentary efforts in place, he was upbeat that investigation of individuals involved in companies used for acts of corruption will become easier and seamless. He applauded the relentless efforts of the Attorney General of the Federation and Minister of Justice, who is also the co-chair of the OGP National Steering Committee and members of the committee made up of non-state actors, government institutions and the OGP Secretariat

for making the initiative possible. The SGF said open governance would stem corruption and would encourage citizens’ participation in decision making in consonance with the goals and aspirations of the administration. He said in the next two weeks, the Office of the Secretary to the Government of the Federation (OSGF) would upload its upgraded website (OSGF.GOV.NG) which has a window for citizens’ participation. Vice President Yemi Osinbajo, declared the event open. “The global Open Government Partnership Week provides an opportunity for us to review the progress we have made so far in implementing the National Action Plan approved by Muhammadu Buhari, President of the Federal Republic of Nigeria in December 2016 and to discuss how we all can synergize our efforts and programmes. This administration has introduced policies and legislations that will help achieve goals set out in our OGP Commitments,” Mustapha said. He faulted the statistics that have been bandied by many international organisations about the extent of corruption in Nigeria. He said many of the institutions that produced the figures did not understand the contextual peculiarities of the corruption problem in Nigeria, prompting them to generalise and arrive at hasty conclusions which paint a picture of perception that is far from reality.

Omo-Agege Says Delta APC Ward Executives Must Focus on Uprooting PDP Senator Ovie Omo-Agege has charged ward executives elected during the recent congress of the All Progressives Congress (APC) in Delta State to see themselves as leaders of the battle to remove the Peoples Democratic Party (PDP) from the state. In a statement issued by his spokesman, Prince Efe Duku Omo-Agege, representing Delta Central senatorial district said the congresses have shown the determination of party members in the state to pursue unity and avoid acrimony. He said: “By the official results duly endorsed by the Independent National Electoral Commission (INEC) and relevant security agencies, our party’s grassroots across almost all 270 wards in Delta has chosen a new reality that demands total focus on APC’s resolve to defeat the Delta State Peoples Democratic Party (PDP) in next year’s general elections. Today’s results confirm that our grassroots want unity of purpose, not divisiveness or acrimony. “Omo-Agege is particularly thankful to the Alhaji Dododo Committee for its steadfastness and total respect for the rules of

the game. He is equally grateful to our security agencies for rising up to the unique demands of the exercise. “All, especially the new ward executives, have a duty to urgently unite and reconcile the party. We should never be tempted to believe that our fellow party men and women are losers or lesser members of the party. That should never happen. We must work together.” “Omo-Agege particularly lauded the executives elected into the 85 wards in Delta Central senatorial district saying they emerged “in the midst of avoidable challenges, they remained focused on the real prize of leading our Party to better territories.” “Finally, the senator strongly appeals to all our leaders and members to put the collective interest of our people beyond self. “Progressive party politics is about the people. For their sake, let us summon the courage to unite our party and direct our electoral arsenal against the PDP. Our determination to defeat and take out PDP from Delta is not small at all. We need all hands, including new friends and alliances to win comprehensively in 2019.”

BPE last week wrote to invite them to a meeting where the discussion would be held. The meeting is reportedly supposed to hold on May 22 and 23. It was also learnt that the subject of the meeting was specifically the government’s intention to increase its representation on the boards of the Discos. In February, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, made an attempt to inaugurate two non-executive directors for each of the 11 Discos. Fashola, had reportedly sent letters to the heads of the Discos, intimating them of the government’s plan to appoint and inaugurate two non-executive directors for the Discos. The inauguration was scheduled to hold at the corporate headquarters of the Transmission Company of Nigeria (TCN) but

was subsequently canceled on allegations of protests by the Discos. However, one of the Discos’ sources told THISDAY that the BPE had since taken up the process and would meet with them to discuss its possibility. He said he was not sure about how that would work, adding that the proposal was against the terms of the shares purchase agreements the Discos signed with the BPE when they acquired 60 per cent shares of the distribution assets. He said even though the government currently has a seat on the boards of the Discos, its proposal to increase it may not go down well with the Discos who feel that it was not what they need at the moment to get through their current challenges in the industry. Meanwhile, peak power generation which moved up above 5000 megawatts (MW) in the first

few days of May, has however begun to come down to the usual average peak generation levels of 4000MW, on account of various operational constraints but mostly gas supply constraints. Data obtained from the System Operations Department of the TCN and Advisory Power Team in the Office of Vice President, Prof. Yemi Osinbajo, disclosed that while power generation hit the 5000MW mark in the first days of May, peak generation on May 4, was however at 4712MW, it subsequently dropped to 4,207.6MW on May 5, and then picked up to 4,388.8MW on May 6. The data equally noted that on May 5, average power sent out was 3,468MW, down by 114.33MW from that of the previous day. It added that circa 1,740MW was not generated due to unavailability of gas, 90MW not generated due

to unavailability of transmission infrastructure, while 1,871.5MW was also not generated due to high frequency resulting from unavailability of distribution infrastructure and 95MW not generated due to water management. On May 6, the data said that average power sent out was 3,382MW, down by 86.37MW from the previous day. 1,978MW was not generated due to unavailability of gas, while 190MW was not generated due to unavailability of transmission infrastructure and high frequency resulting from unavailability of distribution infrastructure ensured that 1,225.4MW was not generated to the grid. Between May 5 and 6, the data added that N1.870 billion and N1.629 billion were not collected by the sector as revenue from these operational losses.

COURTESY VISIT

L-R: Executive Director Physical Security Solutions, Halogen Security Company Limited, Mr. Bosun Sosanya; Managing Director, Halogen Security Company Limited, Mr. Wale Olaoye; Special Adviser on Security and Intelligence to the Governor of Lagos State, Mr. Adekunle Ajanaku; and Executive Director, Finance, Mr. Kolawole Idowu, during the Special Adviser’s official visit to the Halogen Head Office (Fusion Centre) in Lagos ....yesterday

Drama as Evans Laments Maltreatment in Prison There was a drama at the Lagos State High Court yesterday in the case of suspected billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans. According to Channels Television, Evans who was wearing a torn green T-shirt and a pair of shorts with barefoot refused to come down from the Black Maria vehicle which conveyed him and other suspects to the court. This prompted the judge, Justice Adedayo Akintoye, to order the prison warders to bring him into the courtroom. When he eventually came down, Evans was handcuffed into the courtroom and led to the dock. While in the dock, he raised his hand and told the judge that he had something to say.

When he was allowed to speak, the suspected kidnapper told Justice Akintoye that he was not being treated well in prison. He said: “I have an explanation to make. Since I have been in the maximum prison, they have been maltreating me; no visit, they don’t feed me well. I have an eye problem and I cannot see far.” The warder from Kirikiri Maximum Prison, however, denied these claims, telling the court that Evans receives care like every other inmate, and he has been seeing a doctor since he complained about his health. The warder said: “We have been treating him very well, he is well fed, and people have been visiting him. A doctor has been checking him. The doctor came to check him yesterday (Sunday) and even this

morning before coming to court. “He was saying he can’t be in court that he is not feeling fine, but when the doctor checked him yesterday and this morning, the doctor said he was healthy and that he sees no reason why he can’t be in court.” Evans, then interrupted the prison warder, claiming it was a nurse that came to check him and not a doctor. He added that he was only allowed one visit. The kidnap suspect is facing trial alongside three others, Joseph Emeka, Linus Okpara and Victor Aduba on two counts of conspiracy and unlawful capture. Meanwhile, a counsel to one of the other defendants also told the court that his client had similar complaints. In the charge sheet, the Lagos

State government said Evans alongside the three defendants and some others still at large, allegedly conspired amongst themselves and unlawfully captured one Uche Okorafor on November 21, 2014, at Festac Town, Lagos, after which they demanded a ransom of $2million. According to the prosecution, the offences committed are punishable under Sections 409 and 269 of the Criminal Laws of Lagos State 2011. In her response to the alleged maltreatment of the defendants, the Lagos State Director for Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, said that Evans was just making it up. She also told the court that the suspect was being treated well in prison while a doctor has been attending to him.

OSINBAJO: HOW ALISON-MADUEKE, OTHERS STOLE $3BN UNDER JONATHAN exercise restraint in branding people as corrupt without a judicial pronouncement to that effect. The firm stated that its attention was drawn to a statement credited to the vice president in which he had listed Omokore, alongside with Kola Aluko and Alison- Maduekwe

as having stolen $3 billion from NNPC on a so called NNPC Strategic Alliance Contract. The firm in a statement explained that as counsel involved in representing Omokore in court, “Jide Omokore has not in concert with anybody stolen $3 billion as

contained in the statement.” It argued that the relationship between Omokore’s company – Atlantic Energy with NNPC/ NPDC is well documented as a commercial transaction of which there has been part performance, stating that there was nothing

illegal or fraudulent about the transaction. Furthermore, it pointed out that the matter was already before the court of law in a criminal proceeding yet to be concluded and there is no pronouncement of guilt or corruption against our client.

T H I S D AY Ëž TUESDAY, MAY 8, 2018

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TUESDAYSPORTS

Ă&#x153;Ă&#x2122;Ă&#x;Ă&#x161; Ă&#x161;Ă&#x2122;Ă&#x153;Ă&#x17E;Ă? Ă&#x17D;Ă&#x201C;Ă&#x17E;Ă&#x2122;Ă&#x153; Duro Ikhazuagbe Ă&#x2014;Ă&#x2039;Ă&#x201C;Ă&#x2013; duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY

â&#x20AC;&#x2DC;Ndidi Will Be Fit for World Cupâ&#x20AC;&#x2122; Duro Ikhazuagbe Despite missing the rest of the English Premier League (EPL) season due to a hamstring injury, Leicester City midfielder, Wilfred Ndidi, 21, has been tipped to be fully fit to return to action before Nigeria plays her last World Cup 2018 tune up game against Czech Republic on June 6. Ndidi sustained the injury last Saturday in his 33rd EPL game for Leicester this season against Crystal Palace at Selhurst Park. Yesterday, Media Officer of the Super Eagles, Toyin Ibitoye, dispelled fears being expressed in football circles that the utility defensive midfielder may be ruled out of the World Cup proper when it kicks off on June 14 in Russia. â&#x20AC;&#x153;He may not play again for Leicester City this season, but he is likely to at least play our final friendly against Czech Republic on June 6,â&#x20AC;? Ibitoye stressed yesterday in a radio programme monitored in Lagos. While ruling him out of Super Eagles World Cup warm-up games against DR Congo in Port Harcourt on May 28 and the international friendly against Englandâ&#x20AC;&#x2122;s Three Lions at Wembley on June 2, the Media Officer hinted that Ndidi was making progress. â&#x20AC;&#x153;Heâ&#x20AC;&#x2122;s making good progress, I have been in contact with the medical team (of the Super Eagles) and he is recovering faster than they had even anticipated,â&#x20AC;? Ibitoye emphasised. The Nigeria international was among the big winners at the Foxesâ&#x20AC;&#x2122; end of the season award night where he scooped the Best Young Talent honour for the second time since his arrival at the King Power Stadium from Genk in January 2017. Ndidi saw off competition from Ben Chilwell and Demarai Gray to claim the award but he lost the Playersâ&#x20AC;&#x2122; Player of the Season and Player of the Season awards to Harry Maguire. He has been a consistent performer at the heart of the Foxes midfield and is currently the best tackler in the English Premier League this season with 138 successful tackles. Ndidiâ&#x20AC;&#x2122;s Super Eagles teammate, Leon Balogun is just getting back to action after he was similarly sidelined from Bundesliga games for Main 05 due to injury.

Ndidi tipped to be fit for Super Eagles at the World Cup

CAF Appoints Ubah into AFCON Organising Committee The impressive number of Nigerians appointed into important positions in world football since the emergence of Nigeria Football Federation (NFF) President Amaju Pinnick as CAF Executive Committee member 14 months ago increased by one yesterday after the Emergency Committee of the Confederation

Top Stars to Jet in for Okpekpe Race Thursday Worldâ&#x20AC;&#x2122;s fastest woman over 10km so far this year at 30mins 57secs, Sandrafelis  Chebet  Tuei of Kenya will lead a world-class team of elite athletes into Nigeria on Thursday for the first ever IAAF silver label road race in West Africa, the Okpekpe International 10km Road Race scheduled to hold this Saturday in Okpekpe near Auchi in Edo State. Head of Okpekpe Road Race Secretariat, Mercy Etukudo, announced the itinerary of the expected road-runners yesterday. Tuei, a Kenyan will jet in with one of her country woman, Mary Munanu who is the fourth fastest woman over the distance this year courtesy the 31:34 she ran last January to finish third in the Valencia 10km road race. Also expected to jet in on Thursday is Ethiopiaâ&#x20AC;&#x2122;s Amedework Walelegn, third best ranked man in the 10km race so far this year as well as 2016 men and women winners, Simon Cheprot of Kenya and Buzunesh  Gudeta Getachew of Ethiopia respectively. Josphat Kiprono Menjo, the man who holds the fourth fastest time in history of the 10km (27:04) and his Kenyan compatriot, Ronoh Timothy Kiplagat who has broken 28 minutes (27:52) over the distance this year will also be on the plane to Nigeria for

the historic race. â&#x20AC;&#x2DC;â&#x20AC;&#x2122;The athletes will come in through the Murtala Mohammed International Airport in Lagos and will be transported to Auchi where accommodation has been reserved for them. The athletes, together with their Nigerian counterparts will go on tour of the course on Friday in line with IAAF requirements,â&#x20AC;? Etukud further revealed. The athletes will be accompanied from Lagos to Auchi via Benin by the Elite Athletes Manager of the race, Henry Amike, who is a former Nigeria 400m hurdles champion and reigning record holder at 48.50 seconds. â&#x20AC;&#x153;The athletes will get their registration done as soon as they arrive in Auchi and will be taken on a tour of the race course on Friday.â&#x20AC;? Meanwhile, final registration of all categories of athletes for the race will begin on Thursday May 10 and will close the next day at the Yak Hotel in Auchi. â&#x20AC;&#x153;All registered athletes will be screened and accredited for the race which begins early Saturday morning in Okpekpe. They will be provided with their bib numbers as a sign of accreditation for the race,â&#x20AC;? she said.

of African Football appointed the proprietor of leading Nigeria Professional Football League club, FC IfeanyiUbah, Dr Patrick Ifeanyi Ubah into the Organising Committee for the Africa Cup of Nations (AFCON). FC Ifeanyi Ubah is one of the first clubs in Nigeria to build its own football stadium from the scratch and Ubah, also the Chairman of Anambra State Football Association, has established a policy of attracting good hands in technical and playing realms, which has seen Brazilian coaches and players from other African countries serve the top club. The club also has a sustainable youth development programme, with young players who step up to the plate regularly promoted to the senior squad.

â&#x20AC;&#x153;Nigeria is very happy with this appointment. It is a big plus for private football club owners in our country. Dr. Ifeanyi Ubah has done very well over the years and he very much deserves this appointment. â&#x20AC;&#x153;I am of the belief that he will justify the confidence reposed in him and bring his wealth of experience to bear in serving the committee,â&#x20AC;? Pinnick, who is a Member of the CAF Emergency Committee and is also President of the AFCON Organising Committee on which Ubah will serve, told NFF website yesterday. The AFCON, which started as a three-team tournament in 1957, is CAFâ&#x20AC;&#x2122;s flagship championship, and will blossom into a one-month, 24-team tournament beginning from next yearâ&#x20AC;&#x2122;s edition in Cameroon.

Asaba 2018 Facilities Excite CAA OfďŹ cials Officials of the Confederation of African Athletics (CAA) over the weekend inspected facilities being put in place to host the 2018 African Senior Athletics Championships in Asaba, Delta State. Gungaram Gerard Vivian who is the Vice President of the CAA and Lamine Faty - Chief Executive Officer of the African athletics body were both on the ground to ascertain Nigeriaâ&#x20AC;&#x2122;s readiness for the biennial championship. Yesterday, the CAA officials went around the main bowl of the Stephen Keshi Stadium; visiting the warm-up area, main track, media area, technical, VIP and the VVIP rooms. The inspection team also visited the equipment room to see firsthand the apparatus that have been acquired by the hosts. Â

After an extensive exercise, the CAA officials expressed great satisfaction with what was on the ground; noting that the equipment already in place are not only new but they are the required standard for the African championship. According to a statement issued by Head Media, and Publicity for Asaba 2018, Olukayode Thomas, the visiting CAA officials were elated that the hosts have even more than what is required of them for the continental championship. The CAA officials were taken round by the Head of Technical for Asaba 2018, Yusuf Alli who explained in detail the innovations being planned to make the 21st African Senior Athletics Championships the best ever.

NIGERIANS IN FIFA r .S "NBKV 1JOOJDL .FNCFS Organising Committee for FIFA Competitions) r +VTUJDF "ZPUVOEF 1IJMMJQT (Member, FIFA Disciplinary Committee, Adjudicatory Chamber) r .BMMBN 4IFIV %JLLP (Member, FIFA Football Stakeholders Committee) NIGERIANS IN CAF r .S "NBKV 1JOOJDL .FNCFS CAF Executive Committee; Member, CAF Emergency Committee; President, AFCON) r .S 4FZJ "LJOXVONJ .FNCFS CAF Youth Competitions Committee) r .BMMBN 4IFIV %JLLP .FNCFS

CAF Club Competitions and Club Licensing System Committee) r "MI *CSBIJN .VTB (VTBV (Member, CHAN Organising Committee) r "MI :VTVG "INFE 'SFTI (Member, Technical and Development Committee) r $IJFG 0CJOOB 0HCB .FNCFS CAF Beach Soccer and Futsal Committee) r %S 1FUFS 4JOHBCFMF .FNCFS CAF Medical Committee) r $IJFG %S 1BUSJDL *GFBOZJ 6CBI (Member, AFCON Organising Committee) r " 6 .VTUBQIB 4"/ (President, CAF Appeal Board) r .ST $IJTPN &[FPLF .FNCFS CAF Women Football Committee) r .S 4BNTPO "EBNV %JSFDUPS of Competitions)

N A F D AY C E L E B R AT I O N S

Personnel Engage Host Community in Novelty Match Chiemelie Ezeobi As part of the activities earmarked to celebrate the 54th anniversary of the Nigerian Air Force (NAF), itâ&#x20AC;&#x2122;s personnel from the Logistics Command in Lagos, engaged itâ&#x20AC;&#x2122;s host community in a novelty match. The Air Force personnel defeated its host community, Mafoluku, 1-0 in a football match which took place at Ato Field inside the Sam Ethnan Base in Ikeja. In an interview with journalists after the game, the Air Officer Commanding, Logistics Command, Air Vice Marshal Nnamdi Ekeh, said the novelty match was organised to

enhance civil-military relations in the area He said, â&#x20AC;&#x153;Other activities lined up for the NAF 54th anniversary includes, aerial display, medical outreach, ceremonial parade and gala night. â&#x20AC;&#x153;As we all know, the Chief of Air Staff (CAS), Air Marshal Sadiq Abubakar, supported good and cordial civil military relations and has approved some of the programmes on civic activities as part of the event for the anniversary.â&#x20AC;? The AOC said the novelty match with the host community was in line with the CASâ&#x20AC;&#x2122; vision, aimed at fostering the existing cordial relationship between the duo.

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Tuesday May 8, 2018

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MISSILE Buhari to State Governors

“It is not proper to employ a person, train him on how to handle weapons and then refuse to pay him – you can imagine what would happen in such situation” – President Muhammadu Buhari justifying his aversion to agitation for the establishment of state police promoted by state governors and proponents of restructuring the country.

TUESDAY WITH REUBENABATI abati1990@gmail.com

OPL 245: A Most Popular Oil Block

T

he Petroleum Act 1969 (as amended) grants powers to the Ministry of Petroleum, acting through the Department of Petroleum Resources (DPR) to administer the licensing of oil blocks in the country. These include Oil Prospecting Licence (OPL), Oil Mining Licence (OML) and Oil Exploration Licence (OEL), which allow the awardees, local and foreign, to explore for and develop oil and gas resources within the country. So far, there are 65 OPLs and 99 OMLs. The last round of licensing bids was conducted in 2007. Of the existing awarded oil blocks and marginal fields, the most controversial and the best known is OPL 245, which owes its fame specifically to the allegation of a missing $1.3 billion due to the Federal Government in what is known as the Malabu oil deal. The main actors in the Settlement Agreement involving OPL 245 continue to insist that no Federal Government money is missing, and that indeed they deserve praise for civic patriotism, for saving the Nigerian Government from embarrassment and imminent loss of money and face, due to its mismanagement of the award process in the first place. Allegations of missing money are often translated into naked truth, in this season, without due reflection, and regard for the facts of the case. This is so, in this instance, because of reports of corruption involving and surrounding the OPL 245 transactions and foreign investors – Shell and ENI, into which the courts in the home jurisdictions of those companies are inquiring. Whereas this has dominated the narrative, it is important that we go beyond the politics of name-calling, victimization, blackmail and harassment that has developed around OPL 245 and focus on the big picture. The oil and gas industry in Nigeria is opaque; it is one of the most difficult areas of our national life. The award of exploitation and exploration licenses raises questions of transparency and accountability. Section 2 of the Petroleum Act relies on the approval of the Minister of Petroleum for a license to be awarded, and under the military, this was more or less an exclusive prerogative of the Minister of Petroleum. This is in fact why Presidents and Heads of State (Obasanjo, Buhari) hold on to the Petroleum Ministerial portfolio, and when they do not do so, they ensure that whoever is appointed to that position either as Minister or Special Adviser, or by any title whatsoever is directly answerable to them. The oil and gas sector is Nigeria’s honey pot. Whoever is awarded an oil block or marginal field is instantly a multi-billionaire, and that is why the struggle for an oil block is the most desperate struggle among Nigeria’s aspirational elite. With the introduction of an Indigenous Exploration Policy in the 1990s, meant to ensure indigenous participation in this most strategic sector, Nigeria’s military rulers, awarded oil blocks to themselves, their friends, girlfriends and cronies. It was like another season of the oil boom and every one wanted a part of the national cake. Many of those who were given oil blocks could not even identify a Christmas tree if they ever saw one. Petty traders, hawkers, errand boys and girls and those with access to the corridors of power only needed to ask for help and that could come in the form of the gift of an oil block. Nigerians who got lucky and got such oil blocks only needed to have a foreign technical partner. This indigenization policy may have indeed been well-meaning but it created a special class of rent-collectors who lived off Nigeria. There were complaints about the ethnic extraction of those who enjoyed such privilege. In 2002, President Olusegun Obasanjo, to moderate

President Muhammadu Buhari concerns about ethnic favouritism, and lack of transparency, introduced an open bidding and competitive process. His government also established the Nigeria Extractive Industries Transparency Initiative (NEITI), an oversight and audit agency, but despite the best intentions, oil and gas transactions remained opaque and the Obasanjo government eventually violated its own principles by resorting to discretionary awards during the 2002/2003 licensing rounds, and the adoption of a problematic policy called “forced marriages”. Forced marriages in the oil and gas sector in Nigeria have often ended in bitter divorces with collateral damages. Thus, consistently, the Nigerian government has been the author of various distortions in the oil and gas sector due to inefficiency, the politicization and personalization of national resources, and the abuse of due process. The Malabu case provides a good illustration. Malabu, an indigenous oil and gas company, was allocated Block 245 in 1998, other local companies were also similarly allocated oil blocks, which under the Guidelines, they were required to develop in partnership with international Technical Partners. Malabu paid $2m out of the stipulated $20m at the time, and entered into a joint operation agreement with Shell Ultra Deep Limited (SNUD). The company received its operating license in April 2001 but the same license was revoked in July 2001. The Federal Government then curiously invited Exxon Mobil and Shell, Malabu’s technical partner, to bid for the same OPL 245 as contractors in partnership with the NNPC. Shell won the bid and proceeded to begin work on the oil block. Malabu cried out that its former technical partner, Shell, had acted in bad faith, by conniving with the government to grab OPL 245 for itself. The company then petitioned the House of Representatives which directed the Federal Government to re-award Block 245 to Malabu. Malabu also went to the Federal High Court, Abuja to seek redress. The suit was struck out. Malabu headed for the Court of Appeal. While this was going on, the then Minister of State for Petroleum, Dr. Edmund Daukoru asked for settlement out of court on behalf of the Federal Government. OPL 245 had become a cause celebre. Its association with Dan Etete, Abacha’s Minister of Petroleum, and the Federal Government’s argument that Etete awarded the oil block to himself while in office, had resulted in agitations among the people of the Niger Delta who began to ask for an audit of all

oil blocks and full disclosure of the ethnic identity of their owners. The people of Odi, Etete’s home-town also protested that President Obasanjo was against the people of Odi. In 1999, President Obasanjo had been accused of ordering a military invasion of Odi following increased protest in the Niger Delta over indigenous rights to the ownership of oil resources. The people of the Niger Delta could not understand why an oil block associated with an Ijaw suddenly became the target of harassment. The delicate politics of oil block allocation was gradually being unveiled. The Obasanjo government back-tracked and reawarded Block 245 to Malabu but on the condition that the company would pay the new signature bonus of $210 million less the $2m it paid in 1998. Malabu paid the sum, and withdrew its case from court. But this created another problem. Shell went to arbitration at the International Centre for Settlement of Investment Disputes (ICSID) in Washington DC, and also filed a suit at the Federal High Court, Abuja. SNUD, having entered into a Production Sharing Contract (PSC) with the NNPC in 2002, had paid $1 million out of the $210 million signature bonus for OPL 245, and kept the balance of $209 million in an Escrow Account with J.P Morgan pending the resolution of the dispute over OPL 245. Shell wanted compensation and damages in excess of US$2 billion. The company further claimed that it had incurred costs de-risking the oil block. This was yet another problem: the Federal Government received payment from two companies for the same oil block! In addition, whoever gave the approval for the de-risking of OPL 245 despite an on-going litigation that should have provided a basis for lis pendens, further complicated the situation. Every attempt to resolve the matter one way or the other failed. The possession of an oil block is a serious matter. Shell was offered another oil block; it refused. Block 245 has a total estimated value of about 9 billion barrels of crude. The Obasanjo government toyed with the idea of settlement negotiations among the feuding parties, but no concrete resolution was reached, although a Terms of Settlement Framework was eventually adopted in 2006. This was the situation until 2010 when President Goodluck Jonathan assumed office. Malabu again petitioned the Federal Government. While taking into consideration the cost to the Federal Government of entering into litigation with Shell on one hand, and Malabu on the other, the Jonathan government resolved to enter into a Resolution Agreement with both parties, and resolve all issues amicably. Under this agreement dated April 29, 2011, Malabu resolved that it would waive all claims to OPL 245, after due compensation by the Federal Government. Shell also agreed to withdraw all suits against the Federal Government and to pay, through the Federal Government, the sum of $1.092 billion as full and final settlement of Malabu in relation to its claims on Block 245. Automatically, Block 245 would in that case revert to Shell and the Italian oil company, ENI, Shell’s new partner. In June 2013, the matter was amicably resolved on these terms. Presidential approval was then given to the effect that Malabu Oil and Gas should be paid the sum of $1.092 billion from the Federal Government’s Escrow Account with J.P. Morgan. In every instance in this case, the Federal Government under President Jonathan acted solely as a mediator – trust between Malabu and Shell having broken down- and as an obligor seeking to resolve

the crisis arising from the collection of money by a previous government from two parties for the same oil block. It is important to note that the said $1.092 billion has not even been paid in full to Malabu Oil and Gas, for whereas the Federal Government of Nigeria had given approval that the money be paid, other parties suddenly showed up to make claims on the money: Energy Venture Partners Limited (a British Virgin Island Company), International Legal Consulting (a Russian Company), Pecos Energy Limited and Mohammed Sani. In the event of these developments, Malabu ended up getting a sum of US$801.540 million and an additional US$75 million while a sum of $215 million is retained with the High Court of England pending the determination of proceedings against Malabu in the UK. The Malabu/Shell crisis has spanned the lives of four administrations: Abacha, Obasanjo, Yar’Adua, Jonathan. The Jonathan administration helped to resolve a lingering crisis and saved the Federal Government of Nigeria from the risk of liability. If the allocation of oil blocks had not been politicized and personalized in the first place, the crisis would not have occurred. This year, the Buhari government is said to be proposing another round of oil blocks licensing; this should provide an opportunity for a rigorous review of the licensing process. No company should be pre-qualified or favoured; the process must be truly open and competitive. Companies that are unknown to the oil and gas industry and with doubtful capacity should be barred from the process. No license that has been held for up to 20 years should be renewed and no person must be allowed to have multiple licenses either as principal partner or investor. All allocated blocks that have been left unexplored should be withdrawn and re-awarded. The Department of Petroleum Resources should publish a full list of all blocks awarded so far- offshore, deep water, shallow waters and onshore- indicating who owns them- local or foreign. The people have a right to know and all things taken together, the power to allocate oil exploration should licences should not be vested in a person. This far-reaching reform is important again because it may be contradictory to promote indigenous participation and local content in the oil and gas sector, and at the same time, persecute select beneficiaries on the grounds that a previous government granted them an undue advantage whereas this seems to be the general pattern. Moral questions may be raised about abuse of office or undue influence, but the government that does so must be seen to be fair, just and equitable in doing so, otherwise it would project itself as selective and vindictive. We need to create a template for fairness. Where the Federal Government can prove cases of bribery, it is up to it to prove its case, and the onus is further on it to prove if indeed the Federal Government has in any way lost any penny belonging to it in the Malabu case. But other OPLs and OMLs must also be investigated. If there are concrete, irrefutable facts, the state should make them available in the public interest. As James Comey argues forcefully in his 2018 memoir: A Higher Loyalty – Truth, Lies and Leadership, the greatest form of corruption, dishonesty and assault on democracy is when a government and its officials resort to truth-avoidance and the politics of expediency. In such a strategic sector as oil and gas, this would be rather too costly in the long run.

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