How Lawsuits by Middlemen in Malabu Deal Led to Criminal Trial of Shell, Eni Ejiofor Alike with agency report Two civil lawsuits filed seven years ago against Malabu Oil and Gas Limited by a Nigerian, Mr. Emeka Obi, and a former Russian diplomat, Ednan Agaev, demanding payment
for helping to arrange the sale of Oil Prospecting Lease (OPL) 245 held by Malabu, have been identified as what set off the criminal trial of the executives of Shell and Eni. Nine current and former executives or contractors from Eni and Anglo-Dutch giant
Royal Dutch Shell, including ENI chief executive, Claudio Descalzi, have been accused by Italian prosecutors of paying bribes to secure OPL 245, a large offshore oilfield in 2011. Shell and Eni have denied wrongdoing but if found guilty, the individuals on
trial could face possible jail terms for bribery. The criminal trial will proceed in Milan on June 20 after a short initial hearing on May 14. According to a review of the court papers by Reuters, some of the key issues in the
trial came to light during two separate civil suits filed by Obi, a former consultant with the Bureau of Public Enterprises (BPE), and Agaev. Both men said they were owed millions of dollars by Malabu Oil and Gas for arranging meetings with Shell
and Eni. Delivering judgment in Obi’s suit in London, Lady Justice Elizabeth Gloster upheld evidence that Obi arranged meetings between former Minister of Petroleum Continued on page 6
At Restructuring Summit, Soludo Proposes Five Vice-Presidents, Six-year Term Limit for President… Page 42 Tuesday 22 May, 2018 Vol 23. No 8433. Price: N250
www.thisdaylive.com TR
UT H
& RE A S O
N
Non-Oil Sector Drags Down Q1 GDP Growth to 1.95% IMF: GDP growth must surpass population growth to make an impact Analysts push for lower policy rate Ndubuisi Francis in Abuja and Obinna Chima in Lagos Despite the favourable oil price environment in the first quarter of 2018, the decline in
non-oil sector output during the period weighed heavily on the Nigerian economy, resulting in a Gross Domestic Product (GDP) growth rate of 1.95 per cent, down by
-0.16 per cent from 2.11 per cent recorded in the fourth quarter of 2017. In its Q1 2018 GDP report released yesterday, the National Bureau of Statistics
(NBS) said the 1.95 per cent GDP growth was still better than the -0.91 per cent GDP growth rate recorded in the corresponding period in 2017. Aggregate GDP in Q1 2018,
however, stood at about N28.5 trillion in nominal terms, higher than the N26.03 trillion recorded in Q1 2017. “This performance was higher when compared to
the first quarter of 2017 which recorded a nominal GDP aggregate of N26.028 trillion, thus presenting a Continued on page 8
Northern Youths Ask Buhari, Atiku to Shelve Presidential Ambition nPDP remains with APC, says Baraje Oshiomhole pushes for ideology-based ruling party, says APC not for all comers
Onyebuchi Ezigbo in Abuja and John Shiklam in Kaduna The Coalition of Northern Youths has called on President Muhammadu Buhari and former Vice-President Atiku Abubakar not to contest the 2019 presidential election. In a communiqué issued at the end of their summit in Kaduna yesterday, the group urged the two leaders to leave the stage for younger people between the ages of 18 and 60. The communiqué, which
was read by Abdul-Azeez Suleiman, spokesman of the group, said they had previously advised Buhari to leave the stage for younger people. “We had advised him (Buhari) to look for a younger person who has the integrity like him to run for the presidency. Anybody above 70 years of age should give way to the younger generation,” the group, which last year issued Continued on page 6
Metuh Collapses in Court, Rushed to National Hospital ... Page 10
Leaders of Ohanaeze Ndigbo led by Dr. Nnia Nwodo (second right) at the South-east Summit on Restructuring, held in Awka, Anambra State… yesterday
2
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY MAY 22, 2018
3
4
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY MAY 22, 2018
5
6
TUESDAY, ÍşÍşËœ ͺ͸͚΀ Ëž T H I S D AY
PAGE SIX NORTHERN YOUTHS ASK BUHARI, ATIKU TO SHELVE PRESIDENTIAL AMBITION an ultimatum to Nigerians of South-east origin to leave the North, said. The Northern youth coalition explained that the advice became imperative in view of the fact that Buhari and Abubakar who are both in their 70s “participated in debates that gave birth to the current national arrangement that is largely acknowledged as having failed our national aspirationsâ€?. The group maintained that Nigerians are worried that older people who have dominated the political stage since independence have not moved the country forward. The communiquĂŠ called on Nigerians to insist on a generational change in the leadership of the country. “Frustrated young Nigerians, having paid their dues in the national development efforts, have been manifestly left to suffer from the suffocating consequences of the prevailing exclusive and defeatist leadership selection process that has been imposed on the country over the years, by succeeding ruling elite. “It is time they formed a rallying point from which younger Nigerians can make a strong demand for a new political order to usher in a generational power shift as reparation for past marginalisation in the nation’s political leadership,â€? the group said. It also frowned at what it described as “the seeming endorsement by some Northern leaders of a brand of restructuring that clearly places the region at a disadvantageâ€?, declaring that it was unacceptable and must be discountenanced. The group said the North will “not settle for any restructuring plan that is not total, comprehensive and wholistic...â€?
nPDP’s Grievances The push for the generational shift in Nigeria’s leadership came just as the ruling All Progressives Congress (APC) acknowledged yesterday that the issues raised by its aggrieved members, who form the defunct new Peoples Democratic Party (nPDP) bloc of the ruling party, were genuine and needed to be addressed. The group, which left the then ruling PDP at the height of its crisis in
2013 to fuse with the APC coalition, had accused the latter and the Muhammadu Buhari-led administration of marginalising and maltreating their members, despite the role they played in bringing APC to power in 2015. Specifically, they complained of being treated as outsiders in a party they helped to build and sustain. The group also lamented that while some of their members had been denied security cover to visit their constituencies, others were being prosecuted and faced a witch-hunt by agents of the government. The members led by Alhaji Kawu Baraje issued a seven-day ultimatum to the leadership of the party to arrange a meeting with them in order to address their complaints. The group’s ultimatum elapsed last week, fuelling fears that the APC may have called their bluff. However, addressing reporters yesterday shortly after an hour-long meeting with the aggrieved group at the APC national secretariat in Abuja, the Deputy National Chairman of the APC, Senator Shauib Lawan, said the party considered their grievances legitimate and something that should be looked into. He said although the matter was yet to be resolved, the party was taking it very seriously. “We have not yet resolved the issues. They wrote a letter to us, they are party men, they have grievances, we have looked at the letter and their grievances are genuine,� he said. While explaining the apparent delay in addressing their grievances, Lawan said: “They requested a meeting within seven days and before the seven days expired, I called them and they were not ready to come, they said we should shift the meeting till today, which we did. “So, we are listening to them, we have listened to them and we are taking up their matter seriously, we will address it. We don’t ignore our people except if you don’t send your grievances to the party. But if you send them, we will always address your grievances.� Speaking on the outcome of the much-anticipated peace talks, Baraje said his group will remain with the ruling APC, but discussions were
still at their infancy, noting however that the nPDP was satisfied with the response of the APC leadership. According to him, “So far so good. We have just started. And when you start a race, you don’t say whether somebody wants to see you until you get to the middle or to the end. But it’s a good start, it’s a good beginning. “As you are aware, we requested that we wanted to see the party, and the party, very sensitive party, very responsible party, responded to our requests adequately and we think it was a very encouraging thing. “Since last week, they got across to us, but because of one logistic or the other, we couldn’t come until today. We begged the party to shift the date until today, and today we have seen our party leadership. “We are party members, this office is our office, we have only come home to discuss those observations we wrote in our letter. The meeting was very beautiful.� When asked in specific terms what was discussed, Baraje said: “We have not concluded and the discussions will continue.� Baraje also dismissed the splinter group led by Senator Abdullahi Adamu, saying that as far as he was concerned, 99.5 per cent of the members of the nPDP were in support of the demands he made. Earlier, Senator Lawan had said the APC leadership did not receive any letter from the Senator Adamu -led group.
Members with Common Ideals Meanwhile, former Edo State governor and aspirant for the position of the national chairman of the APC, Mr. Adams Oshiomhole has declared that the ruling party should only admit people who share its ideology and who will add value to the party, going forward. Oshiomhole, who spoke yesterday during a visit to former Abia State governor, Orji Kalu, said political parties are not an all-comers affair but for those that are ready to add value to their activities. He said as a party, the APC should be able to tell some people whose beliefs run counter to the ideals of the party to look elsewhere
for membership of a political party. He said political parties ought to be governed by a set of value-adding ideals that members must subscribe to, “otherwise you are not supposed to be a member�. Oshiomhole who expressed concern over the continued feud between the executive and legislative arms of government said that the party could not afford to be an onlooker in the current rift between both arms of government. He said as chairman of the party, he would make sure that all party organs are made to function as constitutionally mandated, adding that “when the party organs are not functioning, then we are just a collection of people�. According to the chairmanship aspirant, the responsibility of a political party goes beyond providing a platform for elections. “The party should monitor the conduct of its members as well as how elected representatives of the people are keeping faith with the manifesto of the party,� he noted. Continuing, Oshiomhole said: “We are at a critical juncture in our country and over the next couple of months, the political environment will be heated up when all the aspirants and candidates would have emerged and our party is expected to, as the governing party, lead by example. “I believe that after the historic amalgamation of the four and half parties that now form the APC, it is enough for us to have welded into a party and provide the kind of leadership that Nigerians expect from a political party that is based on the principle of social democracy which was why we carefully choose the name ‘Progressives’. “It is not a secret that we have our own fair share of internal challenges. I believe that there is nothing wrong in parties having internal challenges, but what matters is a leadership that has the capacity to manage those challenges and encourage internal democracy and evolve a style of leadership that is based on inclusion rather than exclusion. “We must strengthen the process of the bottom-up approach to decision making so that when we talk about a party position, it will be one
in which party leaders and members will say, yes, we participated in the process that led to this decision. “The organs of the party must be made to function. When organs of the party are not functioning, then we are just a collection of individuals. “It is my hope that we move beyond creating a platform that is simply there for election purpose, just like a public taxi. It should also be a platform to continue to engage all those who are elected on the platform of the party and ensure that what they do and how they do it is in line with the manifesto and the core values that bind the party together. “I think it is the duty of a political party leadership to monitor the activities of government and the various organs, and where there are disagreements, you intervene in a way that will provide solutions. “In the real world, you get what you are able to negotiate. In a democracy, we must have the skills to negotiate, skills to persuade, skills to reach a compromise, and as they say, the strength of the people in power is measured by the way they deal with those who are completely powerless. “The gains of democracy are the promises to protect the weak. Working with leaders like you, I believe we can build a functional, democratic mass base – a membership driven and membership funded political party that is accountable to its members. “That way, Nigerians will begin to see the difference between the APC and other parties. We must begin to consciously work towards building a strong party. So, if a reactionary element wants to join the APC with his antecedents, and we feel that his values and actions do not conform with the core values of social democracy, we should be able to engage such a person and say, Mr. Applicant, maybe you might look elsewhere. “I don’t think we should be a platform for all, beginning from the extreme right to the extreme left and even fascist, if they are able to manipulate the people in their constituencies. “I think over time, this must be the objective so that in the years to come, Nigerians should be able to
HOW LAWSUITS BY MIDDLEMEN IN MALABU DEAL LED TO CRIMINAL TRIAL OF SHELL, ENI Resources, Mr. Dan Etete, and representatives of Eni, and that Obi also negotiated on Etete’s behalf with Shell. Relying on the documents produced in Agaev’s suit, the trial judge also noted that when Eni and Shell paid for OPL 245, they deposited more than $1 billion into the federal government’s escrow account in London but most of the money later ended up with Malabu, which was controlled by Etete. Reuters also reported that the judges found that, in a conflict of interest, Etete had a stake in Malabu and was also oil minister when the Nigerian government awarded the company the licence to explore the field in 1998, a decision that was reversed in 2001, reinstated in 2006 and later challenged by Shell.
Eni and Shell said they could not confirm who owned Malabu when they acquired OPL 245. But in her decision on Obi’s civil case in London in July 2013, Lady Justice Elizabeth Gloster upheld Etete’s control of Malabu, according to the court records. Basing her decision on testimony and documents, she said Etete had a stake in Malabu when it was awarded as OPL 245 in 1998 and had been “the principal beneficial owner� since later that year. She said Obi had meetings with Shell representatives before the OPL 245 deal, though she did not say how many, and that he frequently met officials from Eni. The judge also noted that Etete, Descalzi, Obi and Agaev sat together on one occasion
in a Milan restaurant at a dinner for the “the main personalities� to meet and assess the seriousness of their intentions. She said Obi should be awarded at least $100 million for his work as a “dealmaker�, according to the court records cited by Reuters. Agaev also launched arbitration to seek a $65 million fee from Malabu for his work as a go-between and eventually reached an out-of-court settlement, details of which were not disclosed. While the arbitration was underway, he asked a court in New York to freeze a Nigerian government account in London that held $74 million, most of it was due to be transferred to Malabu. However, the court said it had no authority to freeze
the money but reviewed documents showing Eni and Shell had deposited just over $1 billion into the account as payment for OPL 245 in May 2011. A further $208 million was released from an escrow account as “signature bonus� for the Nigerian government, court records show. Around $800 million was transferred to Malabu in August 2011 and the rest was frozen, pending the civil cases. It was gathered that these details helped Italian prosecutors put together their case to initiate the criminal trial of Shell and Eni’s executives. Etete has denied charges of bribery for channelling money from the deal to Nigerian politicians.
Shell said by email that if improper payments are shown to have taken place, they were not made with Shell’s “knowledge, authorisation or on its behalf�. The oil giant added that the judges will find that there is “no case� against Shell or its ex-employees. Eni said by email to Reuters that it could not comment on the case but had previously said it concluded the deal with the federal government without the involvement of intermediaries, adding also that it had no commercial agreement with Malabu. Eni and Shell said their payments were above board as they went directly to the Nigerian government. JP Morgan Chase, which ran the escrow account, has denied negligence.
say the APC, this is what they stand for on issues. “In opting to join or leave a party, it should be based on what you believe in or what you know that the party stands for; anyone wanting to contest elections at any level must be someone that subscribes to these core values. “This is a task I believe we must work together to build. So that Nigerians should be able to make informed choices on Election Day. “We have seen it from the PDP that because that bond was simply based on money, and the philosophy was about sharing the money, once access to the money was disconnected, the centre could not hold. So, there are huge lessons to be learnt from that – that money as a glue to bind a party together is not sustainable. “What is sustainable are shared values, a shared commitment to an identified goal and creating a platform for contestants and allowing policy choices and how best to get there, even when the goal is not in dispute. “You know that one of the challenges we have at the moment is the problem between the Executive and the National Assembly. Again, I believe that the party should not be a spectator in moments like that and wait for things to get out of control. “Party business is not a casual business and a political party is not an unorganised organisation. It is a formally structured organisation based on rules and those rules provide us with the basis to be able to interrogate those involved in any contestations and realise that at the end of the day, you can debate and realise that common goal we all subscribe to.� Responding, the former Abia State governor expressed support for Oshiomhole. He also expressed optimism that there would be no rancour after the party’s convention and urged Oshiomhole to remain a statesman and ensure that party leaders whom he would be succeeding are treated with respect when they step down.
TOP GAINERS OANDO SOVEREITRUST FIRSTALUM BETAGLASS FIDSON TOP LOSERS CCNN JAPAUL HONEYWELL
NGN NGN 0.70 8.25 0.02 0.26 0.02 0.42 4.15 87.35 0.27 5.76 NGN NGN 2.10 24.00 0.02 0.32 0.13 2.48 GSK 1.10 21.25 UNIONBANK 0.30 6.10 HPE Nestle Nig Plc ₌1,600.00 Volume: 271.274 million shares Value: N2.303 billion Deals: 4,052 As at yesterday 21/05/18 See details on Page 31
% 9.2 8.3 5.0 4.9 4.9 % 8.0 6.2 4.9 4.9 4.6
7
T H I S D AY ˾ TUESDAY MAY 22, 2018
ͻ ŽŶƟŶƵĞĚ ŽŶ ƉĂŐĞ ϰϬ
TUESDAY, ÍşÍşËœ ͺ͸͚΀ Ëž T H I S D AY
8
NEWS
China-style State-led Growth Won’t Work in Africa, Okonjo-Iweala Warns China has funnelled billions of dollars into aid, loans and business deals on the African continent in recent years. But as ties continue to strengthen, former Minister of Finance, Ngozi Okonjo-Iweala has warned that Beijing-style economic governance will not work for Africa. “China has been very helpful,� particularly with building much-needed infrastructure in Africa, the two-time former finance minister told CNBC recently. But while less economically advanced countries may wish to emulate China’s economic success, the Chinese approach of state-led development would prove unsuccessful for the majority of Africa, she said. “In most African countries, it has been shown that state-led growth — pure state-led growth — has really not worked,� Okonjo-Iweala said, citing the example of Nigeria’s “vibrant
private sector�. In her view, the Nigerian government, through stateowned enterprises, has not shown itself capable of managing its manufacturing and heavier industries, for example. Corruption could result from increased government intervention in business, Okonjo-Iweala said. “Some of our governments, when they get into the direct provision of jobs and services — that’s where corruption creeps in because it’s not well-handled, the institutions of state are not strong enough, the checks and balances are not strong.� Okonjo-Iweala served as Nigeria’s finance minister twice, from 2003-2006 and most recently during 2011-2015 under previous President Goodluck Jonathan. She is a former director at the World Bank and is currently an adviser at the Asian Infrastructure
Okonjo-Iweala Development Bank. Nonetheless, one African country known for its economic partnership with China is Ethiopia. Infrastructure, as well as industrial parks to boost the manufacturing sector, have been built as part of Beijing’s Belt and Road Initiative, a multi-billion dollar spending plan to resurrect ancient trading routes centred on China.
Ethiopia, an East African country that has seen doubledigit gross domestic product (GDP) growth as recently as 2017, has echoed China’s state-led development style. “This approach will only work in countries where the power is highly centralised,� Anna Rosenberg, research director at emerging market advisory firm Frontier Strategy Group, told CNBC. Besides Ethiopia, she cited Mozambique and Rwanda as suitable examples. Nigeria’s entrepreneurial society is less conducive to China-style economic management, she said. History could also play a role, Rosenberg suggested. While Cold War allegiances to the Soviet Union may be present in some African countries, Nigeria, by contrast, is a former British colony and therefore more espoused to a free market system. “I think China sees Africa
as a strategic continent that it wants to be a partner with,� Okonjo-Iweala said. “Africa does have the natural resources that China lacks in many ways.� But she added that in her view, this partnership extends beyond pure economic deals. “I believe strongly there is overarching political and soft power that is involved.� For Okonjo-Iweala, it is important to demonstrate the fruits of African business deals with China to the public. She described Beijing-funded new airport terminals in the Nigerian capital, Abuja, as an example of this because “people will be able to see them, and witness them, and know that the money went into something concrete�. Last week, China’s state-run news agency Xinhua reported that Nigeria had signed a deal with the China Civil Engineering Construction Corporation to build a railway from its economic hub Lagos to Kano,
a commercial hotspot in the north of the country. African countries must enter business deals with China “with our eyes open,� Okonjo-Iweala said, to capitalise on its manufacturing expertise and technological development. Africa is in the process of expanding its manufacturing sector in an attempt to bolster economic development. Nigeria, as part of an attempt to wean itself off oil dependence, has grown its manufacturing base from just 2.5 per cent of value added to GDP in 2009 to 8.8 per cent in 2016, according to the World Bank. But with regards to regulating Africa-China business deals, “we are absolutely not there,� Okonjo-Iweala said, although she added that this is varied among African countries. Providing that fair and transparent agreements are drawn up, “we can work with China – why not?�
“All of these are linked. Private investment, at about 13 per cent in the region, remains too low. The recent recession, oil price collapse, has also exacerbated the situation. “Oil prices have gone up and this is an opportunity for these countries to really use the opportunity provided by the pick up in oil prices to initiate some reforms that would encourage more private sector investments,� he said. Also speaking at the event, the Director General, Debt Management Office (DMO), Ms. Patience Oniha pointed out that with the N500 billion hike in the proposed 2018 budget from N8.61 trillion to N9.12 trillion, her office would have to contend with how to fill the gap. “The National Assembly passed the budget last week and we know it was higher than what the executive presented. So, as a debt manager, what I am looking for is to see where the funding of that incremental size may come in from. Am I supposed to be borrowing to make up for that shortfall?� she wondered. She defended the federal government’s aggressive borrowings, just as she explained that the country’s debt strategy was aimed at ensuring that the private sector is not crowded out. “We borrow because there is a revenue shortfall. All of the government’s borrowings are targeted at infrastructure development. “Without borrowing, we won’t be able to deliver on the budget and I think we should be clear about that and a lot of that went into capital spending,� she added. According to the DMO boss, the refinancing of the federal government’s domestic debt which led to a decline in interest rates meant “that there is about N200 billion out there in the market for the private sector to invest in�.
“You will also notice that we are retiring some of the treasury bills as they mature. The main challenge I am giving to the private sector is that why are all these monies still sitting where they shouldn’t be? “Why has it not reached the private sector because that was the key objective of our strategy,� she said. The chief executive, Nigerian Economic Summit Group, Mr. Laoye Jaiyeola, stressed the need to block the “significant leakages,� in the country using technology.
“This slowdown at a time when there were no major bottlenecks in the economy should worry everyone. Bottlenecks in the sense that there was enough forex liquidity, the crude oil price was above $60 per barrel. “So, maybe the issue has to do with the cost of funds and availability of credit because if this slowdown continues, we may slip back into a recession. So, if anything happens to oil production today, we may be in a difficult position,� he added. Chukwu pointed out that members of the Monetary Policy Committee, whose two-day meeting ends today, will be in a very “delicate� position. “The budget has just been passed, so a lot of liquidity will come into the system. And it will be difficult for them to bring down the policy rate when they expect excess liquidity to come into the system. “Also, there is new forex pressure as you can see from the depreciation in the external reserves, which may compel the CBN to increase the fixed income rate to sustain foreign portfolio inflow. So, it may be difficult for the MPC to reduce the policy rate,� he said. Also, a senior lecturer at the Lagos Business School, Dr. Bongo Adi insisted that the “misalignment between monetary and fiscal policy� was a major factor responsible for the slowdown in growth. “Even though they say they are pushing for fiscal expansion, the interest rate is still at 14 per cent and it has been like that for close to two years. It is just like the conditions under the recession have not changed. “We are operating like we are still in a recessionary environment. I don’t understand the justification for keeping rates high. It is this hold on the policy rate that is causing this lack of acceleration in growth,� Adi noted.
NON-OIL SECTOR DRAGS DOWN Q1 GDP GROWTH TO 1.95% positive year-on-year nominal growth rate of 9.36 per cent. “This rate of growth was, however, lower relative to the growth recorded in Q1 2017 by -7.70 percentage points at 17.06 per cent but higher than the preceding quarter by 2.14 percentage points at 7.22 per cent. “Quarter-on-quarter, real GDP growth was -13.40 per cent as oil production estimates for the third and fourth quarters of 2017 have been revised and oil GDP for those quarters have been adjusted accordingly,� the NBS said. While the economy posted some growth in the oil sector in Q1 2018, the NBS noted that it contributed only 9.61 per cent of total GDP, with the non-oil sector accounting for 90.39 per cent of GDP. In Q1 2017 and Q4 2017, the oil sector contributed 8.53 percent and 7.35 per cent, respectively, to total GDP. The contribution of the oil sector came at a time of increased daily oil production of an average of 2.0 million barrels per day (mbpd), higher than the 1.95 mbpd recorded in Q4 2017. According to the NBS report, the real growth of the oil sector was 14.77 per cent (year-on-year) in Q1 2018, representing an increase of 30.37 percentage points relative to the rate recorded in the corresponding quarter of 2017. Quarter-on-quarter, the oil sector also grew by 13.24 per cent in Q1 2018. “In the period under review, the nation recorded an average daily oil production of 2.0 million barrels per day (mbpd), higher than the daily average production recorded in Q4 2017 by 0.05 mbpd and real growth of the oil sector was 14.77 per cent (year-on-year) in Q1 2018. “This represented an increase of 30.37 percentage points relative to the rate recorded in the corresponding quarter of 2017. Quarter-onquarter, the oil sector grew by 13.24 per cent in Q1 2018.
“The oil sector contributed 9.61 per cent to total real GDP in Q1 2018, up from 8.53 percent and 7.35 per cent recorded in the Q1 2017 and Q4 2017, respectively,� said the statistical agency. Conversely, the non-oil sector grew by 0.76 per cent in real terms, which was higher by 0.04 percentage points relative to the growth recorded during the same quarter of 2017, but 0.70 percentage points lower than in Q4 2017. The non-oil sector’s growth was largely propelled by agriculture (crop production), financial institutions and insurance, manufacturing, transportation and storage, as well as information and communication. “In real terms, the non-oil sector contributed 90.39 per cent to the nation’s GDP during the review period, although it was lower than the 91.47 per cent posted in the first quarter of 2017 and 92.65 per cent in the fourth quarter of 2017. “The non-oil sector grew by 0.76 per cent in real terms during the reference quarter. This was higher by 0.04 percentage points compared to the rate recorded in same quarter of 2017, but 0.70 percentage points lower than the fourth quarter of 2017. “This sector was driven mainly by agriculture (crop production); other drivers were financial institutions and insurance, manufacturing, transportation and storage, and information and communication. “In real terms, the non-oil sector contributed 90.39% to the nation’s GDP, lower than the 91.47 percent recorded in the first quarter of 2017 and 92.65 per cent recorded in the fourth quarter of 2017,� the report said. The first quarter GDP report of the NBS was released just as the International Monetary Fund’s (IMF) Senior Resident Representative and Mission Chief for Nigeria, Mr. Amine
Mati, stressed that the country’s GDP growth needed to overtake its population growth for the impact to be felt by Nigerians. Mati said this while speaking in Lagos yesterday at the presentation of the IMF Regional Economic Outlook for Africa titled: “Domestic Revenue Mobilisation and Private Investment.� The IMF official pointed out that “to really make a difference, that trend needs to be reversed – the growth rate really needs to surpass population growth to make a difference�. He said the Nigerian economy and other countries in the region ought to be growing at a rate of between three and five per cent. For Nigeria, he said there was need to remove tax exemptions, expand income taxes, review the property tax, restructure tax administration in the country and improve compliance, to stimulate growth. “In Nigeria, you need to double tax compliance to GDP ratio from 25 per cent to 50 per cent. Those are the types of measures that, as part of a comprehensive package, can make the difference in increasing revenue mobilisation. “Raising growth is really key for the challenges ahead in Nigeria and sub-Saharan Africa. For the region, we can say the average growth rate on a per capita basis is low. “And a third of African countries in 2017, with Nigeria as one of them, have seen a decline in per capita GDP level. And we expect some of that to continue. To really make a difference, that trend needs to be reversed,� Mati explained. According to him, among African countries with high capita income, the level of implementation of the Sustainable Development Goals (SDGs) was high, adding that such countries also have low infant mortality rates.
Market Wants Lower Policy Rate Also reacting to the GDP figures released yesterday, the chief executive of Financial Derivatives Company Limited, Mr. Bismarck Rewane said the weak GDP numbers coincided with the drop in the Purchasing Managers’ Index (PMI) for April that was reported by FBN Quest, as well as the decline in consumer confidence in the first quarter. According to Rewane, it pointed to the fact that the economy was being strangulated by high interest rates. “The reality is that if they don’t bring down those interest rates and increase credit to the private sector, they are just going to strangulate this economy. The economy will remain sub-optimal. “Look at the sectors that contracted, which is more interesting. The only sector that employs people that expanded was manufacturing. But trade, construction, transport, all of them contracted. So, those sectors are still in recession, and agriculture also slowed down,� he said. The chief executive of Cowry Asset Management Limited, Mr. Johnson Chukwu said the development should be of great concern to the policymakers.
T H I S D AY ˾ TUESDAY MAY 22, 2018
9
10
TUESDAY MAY 22, 2018 ˾ T H I S D AY
NEWS
News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081
Metuh Collapses in Court, Rushed to National Hospital Alex Enumah in Abuja The former spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, yesterday morning collapsed in court while attending his trial on
alleged money laundering charges. Metuh is standing trial on a seven-count charge of money laundering to the tune of N400million allegedly received from the office of the former
FG: N8.1tn Unremitted Funds Under Jonathan Equivalent of Five Budgets Hands over N2.1bn channel project to Osun Olawale Ajimotokan in Osogbo The federal government yesterday said the over N8.1 trillion unremitted by the 15 revenuegenerating agencies from 2010 to 2015 under the Goodluck Jonathan administration was equivalent to the annual national budget for five years during the period. The fraud was uncovered in an audit carried out by KPMG for the National Economic Council (NEC). The Minister of Information and Culture, Alhaji Lai Mohammed, said yesterday that the humongous amount was also six times the N1.34 trillion stolen between 2006 and 2015. The minister made the revelation when he represented President Muhammadu Buhari in Osogbo at the inauguration and handing over of N2.1 billion Okoko/Ogbagba Rivers Phase 1 and 2 channelisation project to Osun State government. He said several kilometres of rail tracks and roads could have been laid and many modern hospitals and schools built had the money been judiciously accounted for. “The N8.1 trillion unremitted amount is about six times the N1.34 trillion that was stolen between 2006 and 2015. It is also the equivalent, on the average, of the country’s yearly national budget. “Recall that in 2016, while launching the federal government’s National Sensitisation Campaign against corruption, we did say that between 2006 and 2013, just 55 people stole a total of N1.34 trillion of public funds. We said, using the World Bank rates and costs, that one third of the stolen funds could have provided 635.18 kilometres of road; built 36 ultra modern hospitals, built 183 schools; educated 3,974 children from primary to tertiary level and
built 20,062 units of two-bedroom houses. “This is why we will not stop talking about those who have looted the public treasury, despite the push-back from their apologists,” Mohammed said. Osun State Governor, Rauf Aregbesola, said the National Executive Council (NEC) had mandated a committee headed by Governor Ibrahim Dakwambo of Gombe State to extend the audit to June 2017 to be sure if the fraud also happened under the current administration. “What the missing N8.1 trillion meant to Osun State after deducting 52 percent to federal government from it and 13 per cent as derivation to the oil producing states is after sharing what is left to the states on parity, Osun State will be entitled to N75 billion. If we had that money we wouldn’t owe our workers. PDP of yesterday is responsible for our inability to pay our workers, “ Aregbesola said. The de- silted channel was executed by the Ecological Fund Office under the Office of the Secretary to the Government of the Federation (OSGF) to reduce flooding menace in the Osogbo community when many lives were lost in 2010 when the waterway spilled following a heavy rainfall. The 10 kilometers long channel drainage was one of the12 ecological intervention projects across the six geo-political zones of the federation approved by the president in October, 2016. Aregbesola said 20-30 metres on either side of the river banks will be fenced at the cost of N66 million to create 15 hectares of floodplain to be allocated to 100 women to grow vegetable.
Atiku DeniesVisiting Jang in Prison Onyebuchi Ezigbo in Abuja The former Vice President, Atiku Abubakar, has said he did not visit former Governor of Plateau State, Jonah Jang, in prison. A statement issued yesterday by his media office, said the former vice president was away in Adamawa State at weekend where he attended an event at the American University of Nigeria, Yola. “It has come to our notice that there is a report in a section of the media purporting that Atiku visited former Governor of Plateau State, Jang in Jos Prison. “That report, as it relates to the former vice president, is in its entirety false and mere fabrication. “For the avoidance of doubt, Atiku has been in Yola, Adamawa
State since last Thursday for the activities of the 10th commencement ceremony and presidential inauguration of American University of Nigeria, Yola. “The Waziri Adamawa last Thursday attended the honours society event of the university. “On Friday, Atiku joined the Yola Ummah at the first Juma’at prayer of this year’s Ramadan at the Yola Central Mosque and later graced the graduation awards ceremony of AUN. “On Saturday, he attended the 10th graduation ceremony of AUN which was widely reported in the media. “Therefore, he was not, and could not have been in Jos as being claimed in a section of the media,” it said.
National Security Adviser (NSA), Sambo Dasuki. At the resumed trial yesterday, Metuh was trying to access the box before the judge asked him to return, but he fell as the walker he was using slipped while he was trying to adjust himself at the entrance of the dock. Immediately, the court registrar rushed to the medical department to inform medics of the situation. After examining the defendant, the medical personnel reported to the court that he should be sent to a hospital for further examination. Before yesterday’s incident, Metuh had consistently complained of ill-health and had on two different occasions applied for leave of court to travel abroad for medical attention.
The judge however on both occasions declined to grant his request. However, while the medical personnel from the court were attending to Metuh, Justice Abang returned to sit. He summoned the court registrar Doyin Olawole, and the two clerks, Omoju James and Dorcas Danjuma, to address the court on what transpired. After narrating one after the other what happened in court, the court requested the defence counsel to call his 11th witness. But, Metuh’s counsel, Emeka Etiaba SAN, declined to continue with the proceedings, stating that he cannot go on when his client was lying critically ill on a stretcher. He subsequently announced his withdrawal from the trial. “The 1st defendant had a
terrible fall while trying to mount the dock, and I don’t even know if he is alive or not on that stretcher. “Since the court had insisted on proceeding with trial, I announce my withdrawal from the trial,” Etiaba stated. But the judge refused to accept Etiaba’s withdrawal, saying it was a ploy to delay trial. Abang also threatened to strike out the suit based on what he perceived as the inability of prosecution counsel, Silvanus Tahir, to oppose an adjournment by the court based on the opinion of a Medical Doctor from the Federal High Court. The court wondered why the prosecution, after seeing what happened in court, and how a medical doctor who was not in court, would request that Metuh be taken to hospital
yet the prosecution did not want to oppose the plea for adjournment. “The Federal High Court has nothing against the 1st defendant. It is the duty of the prosecution to prosecute its case “This is not a case of the Federal High Court. If the prosecution does not want to proceed with the trial, the court will strike out the case,” Justice Abang threatened. He subsequently adjourned the matter to May 22 for continuation of trial. “In view of the application of the medical doctor in the employment of Federal High Court, that was not in court at the commencement of proceeding, and there being no objection, and since it is a medical opinion, this matter is adjourned to May 22,” Justice Abang held
THEIR HIGHNESSES
L-R: Onigando of Igando, Oba Lasisi Gbadamosi; Lagos State Governor, Mr. Akinwunmi Ambode; Oba of Lagos, Oba Rilwan Akiolu I; and Ojomu of Ajiranland, Oba Tijani Akintunji Akinloye, Sateru II, during the inauguration of the Council of Obas and Chiefs in Lagos State, at the Government House, Alausa, Ikeja....yesterday
Ndume: I Regret Supporting Saraki to Emerge Senate President The senator representing Borno South in the National Assembly, Ali Ndume, has expressed regret for supporting Bukola Saraki to emerge Senate President. Speaking on Hard Copy, a Channels Television programme, the lawmaker accused Saraki of targetting those who oppose him. In March 2017, the lawmaker was suspended for “embarrassing” Saraki and Dino Melaye, the senator representing Kogi West. Ndume had demanded that the upper legislative chamber investigate the allegation that a vehicle imported without appropriate customs documents belonged to Saraki, while he also moved for a probe into the allegations of certificate forgery levelled against Melaye. During the television
programme, Maupe Ogun, the presenter, had asked the senator if he regretted supporting the senate president and he said: “Yes, I do. Look at the senate now, we have been reduced to unbearable level of integrity, just because of few people, few person, that is wrong. “I don’t want to be individualistic about it. We put the leadership there for Saraki; if you want me to be specific about it, and then it turns out to be another thing. We have senator’s president now, instead of senate president.” Ndume said his relationship with Saraki turned sour because of his love for the truth. He maintained that he has a cordial relationship with his colleagues at the upper legislative chamber. “I speak the truth a lot even
if I’m alone, and I stand by it. We started with the issue of Ibrahim Magu, I was with you on national television and that is history now. Then we came out and the second issue was that of the car importation, and the issue of Melaye’s certificate and then I was shockingly suspended for 180 days and it was not the committee that recommended that,” he said. Continuing, Ndume added: “My colleagues did not know about the report that was used to suspend me illegally and unconstitutionally for 180 days. That’s why I went quietly to court and you saw the response of my people then. “It is not fair for one among equals to take himself up, and take advantage of the gavel to rule instead of to lead, instead of to preside, that is what the
constitution says. The senate president is to preside, he doesn’t even have a vote, he has no voice. By the time you accept being the senate president, you have lost your right to some extent as a senator until the senate ties, that is when you come in to break the tie. This is not the case, as senate president will say, ‘I direct so so so and my members…’ “I mean, it’s very unfortunate, I personally did not expect this. That is how we got it wrong, because once an individual thinks he owns the senate, and he dishes out the direction, and dishes out what he thinks, you’ll always get it wrong… 108 heads are better than one. But for now, senate at certain point is like Dino and Saraki. It is very unfortunate.”
T H I S D AY ˾ TUESDAY MAY 22, 2018
11
12
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY MAY 22, 2018
13
14
T H I S D AY Ëž Ëœ ͰͰ˜ Ͱ͎ͯ͜
COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
TOO SMART BY HALF?
Governor Rochas Okorocha has not performed to expectations, argues Charles Onunaiju
F
ilthy politics has corralled an otherwise lively state of Imo, in the South East of Nigeria into a limbo. Hollowed out by years of misrule, the state of bountiful intellectual flair and voluble economic industry is currently a shadow of itself. Locked in emergency political ward with evidence of mass hunger, high youth unemployment and restiveness, dearth of rural infrastructure to transform agriculture into competitive economic advantage and the overburdening of the local population with dubious administrative structures of autonomous communities, the state is in total dire straits. Notwithstanding, the structural decadence that has stretched for nearly two decades in a straight row, the current governor of the state, Mr Rochas Okorocha threatens to sink the state deeper into a bottomless abyss. Though, with eloquent warnings and evident hand writings that things cannot continue to get worse for the people of Imo State, Governor Okorocha powered by forgetfulness and delusions surges on even more desperately, to turn an ignominious new leaf for the state, this time, as a banana republic enclave, shared out to trusted family members. Mr. Okorocha forgets that he was elected the governor of Imo State against the will of well-oiled and rampaging ruling party with a powerful and vicious federal government to boot. Then, a candidate of the All Progressive Grand Alliance (APGA) his personal wealth, which he likes to boast about, and political exposure which consisted mainly in his serial defections from one party to another was not match to the rampaging force of the all-conquering PDP political machine. All he had was the indomitable political will of the mass of the Imo people who are determined to make a historic political statement of an assured victory for the “powerless conscience when pitted in an epic clash with conscienceless power.� Governor Okorocha triumphed in that epic clash, sweeping to office on an unprecedented activism and direct political action of the people of Imo State, who camped out at the collation centre of the electoral commission for three days, thwarting every efforts of the ruling party to rig the results of the election. The militant masses of Imo State even prevented the allegedly compromised returning officer from leaving the premise to instigate inconclusive electoral process. Such was the epic political activism and popular goodwill that heralded Mr. Okorocha to office but now in a feverish tribute to his personal amnesia, Mr. Okorocha thinks and believes that only him and what he calls his political family on a “rescue mission,� which actually is more like a “capture mission� should call the shots in Imo State. Since his election as the governor of Imo State, Mr. Okorocha has exercised his imaginations in the ways that have scandalised critical innovations, rationality and even common sense. Apart from entrenching nepotism in its barest form, planting his wife to oversee as many as four ministries, having his children’s hand on the state’s pie and appointing his sister to a nebulous ministry of happiness, his latest antics to impose his son-in-law to the governorship seat he will vacate soon has stirred global outrage. Yet, the man is not deterred. Letting his delusions run wild, he forgets that the people of Imo State, secured him the governorship seat, in defiance of a mightier and more vicious power than he is currently. Ignoring the recent lessons of the state, for which he is the prime
IMO STATE PEOPLE MUST DEVELOP CROSSSTATE CIVIC ORGANISATIONS TO HOLD LEADERSHIP IN THE STATE ACCOUNTABLE AND PUNISH INFRACTIONS WITH DEVASTATING ELECTORAL DEFEATS
beneficiary, Mr. Okorocha is bent on repeating the ignominious history of about eight years ago, when the organised force of impunity and arrogance was humbled by existential people’s power in the state. Ever since he was elected on the ticket of APGA, Mr Rochas Okorocha has never been humble, but his appetite for a rampaging emperor grew dramatically, after he defected to the ruling All Progressives Congress and in rubbing shoulders with Aso Rock on a routine basis, he has mistaken his status as elected officer and increasingly functioned as a sole administrator, unaccountable to the actual people he oversees their affairs. In nearly a decade of misrule, Mr Okorocha has collapsed all the formal structures of government in the state to his personal cult and family kinship, establishing a family network that has trumped formal institutions of the state public service. His signature innovation of three working days in a week elicited universal ridicule and faded away. But he left his mark in the annals of history when he chose to mould the statue of former South Africa’s President Mr. Jacob Zuma at a whopping sum in the region of over half a billion naira. As heavy as the burden of Governor Okorocha has become, people in the state try to make light of him by joking of whose next statue is to be moulded. However, his more terrific misdemeanour that left an enduring sour taste was inviting the state senior citizens, who are pensioners to forfeit a sizeable percentage of their pension entitlements, after owing them arrears and backlog of payments. A number of these senior citizens have passed away, bruised and bitter that the state they tirelessly worked to build left them in destitute at their hour of need, even for what they are legitimately entitled to. His acolytes in the ruling APC, including the deputy governor, Mr. Eze Madumere who served him loyally for 25 years, now at daggerdrawn with him for handpicking his son-in-law, Mr Uche Nwosu, to contest the next governorship election. Therefore, their open quarrel now is nothing but the routine and usual quarrel among thieves during booty sharing. Their prospects to mend fences and reconcile is quite high as far as there is booty to be shared behind the back of the people of Imo State. Gladiators in the other political parties in the state are not inspiring. Despite the depressing array of contenders on offer, Imo State must elect a chief executive of the state in 2019, and one of them would eventually occupy the seat of the governor of the state. While the delusion of Mr. Okorocha to foist his son-in-law as the governor of the state is emphatically foreclosed, if the recent history of mass political resistance in the state is any meaningful guide, the only way to forestall the emergence of another emperor is eternal political vigilance that can be achieved through strengthening civil community based organisations and resisting the cannibalisation of communities through the administrative fragmentation of the so-called autonomous communities and imposition of dubious characters as Ezes and Chiefs. Imo State people must develop cross-state civic organisations to hold leadership in the state accountable and punish infractions with devastating electoral defeats, the type that stare Mr Rochas Okorocha and his acolytes in the face, right now. Onunaiju is journalist and public affairs commentator based in Abuja
OGBENI TILL DAYBREAK Sola Fasure argues that infrastructural development in education under Governor Aregbesola is unparalleled
G
overnor Rauf Aregbesola held an all-night interactive meeting, ‘Ogbeni till daybreak’ in Osogbo last week. The audience was made up of media practitioners, civil society organisations, political parties’ representatives, students and the general public. There was also opportunity for phone-in and comments and questions from online platforms. TVC, a national television which is also on cable and three radio stations (OSBC, Ravefm and Arafm) broadcast the programme live between the night of Friday May 11 and the morning of Saturday May 12, 2018. A senior journalist in the state, Mr Kola Olabisi, asked the governor what was his greatest regret to which he replied that it was the coincidence of his first term in office with the ruinous Peoples Democratic Party’s regime which terminated in 2015. This is how it was reported by The Vanguard newspaper whose correspondent, Gbenga Olarinoye, was present. ‘If I have to answer you literarily, I don’t regret being a governor but philosophically, the only regret I have is that my administration coincided with the PDP- led administration. “As a matter of fact, PDP superintended the most irresponsible government in Nigeria, it was the most traumatised era in the history of Nigeria. If I have had the opportunity of working with serious government at the Federal level between 2011 and 2015, it would have been an Eldorado.� However, Goodluck Jonathan responded with
a long but tendentious and inane treatise which reconstructed the narrative that Aregbesola admitted failure but should not blame him (Jonathan) for the failure. Is it a function of failure of grammatical apprehension or plain mischief by Jonathan? Where in this report did Aregbesola acknowledge failure? If anyone has failed in government, it indisputably was Goodluck Jonathan, if we begin with his comprehensive defeat at the 2015 presidential election. It was the first time in the history of Nigeria that an incumbent president would be defeated in a comprehensive manner in a presidential election and his party, the PDP, routed and eviscerated nationally. For the avoidance of doubt, Aregbesola defeated Goodluck Jonathan thrice in political contests. First, at the April 2011 presidential election in which Jonathan won in all the South West states but lost woefully in Osun. Again, Aregbesola defeated the PDP candidate in the 2014 governorship election in Osun, Senator Iyiola Omisore, who was backed to the hilt by Jonathan. The entire security armada of the country, including police dogs, was deployed in Osun. Jonathan and his candidate were defeated in that election by Aregbesola, whose glorious second term is now winding down. Jonathan had boasted before that election that he would take Osun, even if the heavens would fall. But the owner of heavens proved to him that he is a mere mortal with transient power and that all powers belong to Him alone and Jonathan’s
candidate would be defeated and heaven would not fall. Jonathan and his party were disembowelled by Aregbesola in the election which opened the floodgates for his eventual ouster from power. Again, Jonathan was comprehensively defeated in 2015 Presidential Election in Osun, as in other South West states and indeed other parts of the country. The drama to the 2015 election was that Jonathan’s campaign in the South West was accompanied with a spending binge. There were reports of huge sums in foreign currencies being dashed out to sundry people and interests in Osun and other South West states. He went to respected Christian clerics and maximised the photo op of the image of him kneeling down and being prayed for. From there, he went to traditional rulers who pointed their beaded staff at him while kneeling in their midst. From the traditional rulers he went to the cultists, adorned in the full regalia of the cult. At the end of it all, he was roundly defeated as he failed to get re-elected. However, Jonathan’s failure preceded the election. He failed in governance, which brought about his electoral failure. Indeed, long before the election, he had earned the sobriquet of ‘The clueless one’, after failing to find solutions to the myriads of problems facing the nation in economic development, security and financial prudence. Though oil sold for more than $140 under him, the country suffered in all indices of development. The only development took place in the account
balance of PDP members, some of which have been forfeited to the federal government. The rag-tag Boko Haram insurgency group blossomed into a formidable army that seized large swaths of Nigeria’s territory in Borno, Yobe, Adamawa, Taraba and Bauchi, establishing their sovereignty and evil administration. Details have since been released how, under Jonathan, more than $30 billion was not remitted to the federation account, but pocketed by PDP cronies. It is this run on national treasury perpetrated under Jonathan that put 29 states under financial strain and which affected Osun at some point. Aregbesola, on the other hand has done the unprecedented in Osun, even with limited resources. The infrastructure development in education and road transport alone is without precedence. Aregbesola made reference to this at the town hall meeting and was captured in the report in The Vanguard thus: “The Governor further reiterated his resolve to complete all his projects before the end of the tenure in November, saying that he has surpassed all his predecessors in the area of infrastructural development. Aregbesola said the quality of Interchange Bridge his administration built at Gbongan, along the Ibadan -Ilesa Expressway remains one of the best in the country, arguing that such a project could only be seen in metropolitan cities like Lagos, Kano, and Port Harcourt�. Fasure is Governor Aregbesola’s Media Adviser
15
T H I S D AY TUESDAY, MAY 22, 2018
EDITORIAL THE MENACE OF‘BABY FACTORIES’ The authorities may do well by applying effective sanctions on criminals
D
espite the growing outcry against human trafficking, the number of illegal orphanages has continued to be on the rise in different parts of the country. The latest of this was the discovery of another ‘baby factory’ in Lagos on 26th April this year, with 100 girls and 62 boys rescued and taken to government approved homes for care and protection. The Commissioner for Youths and Social Development in Lagos State, Agboola Dabiri, who made the disclosure, added that some of the children had been sexually abused. This unfortunate trend of ‘baby factory’ operations in the country is particularly disturbing in view of the wicked and inhumane acts perpetrated by the unscrupulous individuals who engage in it. They either hire some poverty-stricken girls or lure others into their ‘factories’ with the intention of getting them impregnated for the sole aim of producing children for ignoble purposes. In 2012, for instance, 17 pregnant teenage girls who were rescued from a AS LONG AS THERE IS NO house in Imo State, DILIGENT PROSECUTION while narrating their OF CULPRITS OF THIS ordeal, said they SOCIAL MENACE, NIGERIA were all raped by WILL CONTINUE TO only one man. The GRAPPLE WITH THIS tradition of perpetraPROBLEM tors of this evil act is to get the girls impregnated and hold them captive until they give birth to babies and then pay them off. The value of money they get is dependent on the sex of the children. So lucrative is the business that some unmarried pregnant girls have also become victims of this misdemeanour as they are lured into these ‘factories’ with a promise of better healthcare only to have their babies snatched from them after birth. Tragically, some of the children produced under these terrible circumstances are used for different purposes which include rituals, trafficking to Europe for prostitution, child labour or sold to
Letters to the Editor
some couples seeking children for adoption. To show the extent of its spread, a United Nations report which put the output of global child trafficking business at US$33 billion annually named Nigeria as one of the most notorious countries where this illicit business is being perpetrated, pointing out that at least 10 babies are sold each day in Nigeria. Yet, as long as there is no diligent prosecution of culprits of this social menace, Nigeria will continue to grapple with this problem.
W
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
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.
BUHARI AND THE APC CONGRESSES
T
he intense horse-trading and ploys witnessed in the just concluded ward, local government and state congresses of the ruling All Progressive Congress (APC) have left the party more fractured than united. No political party can be crisis-free; especially when in power; internal squabble and scrabble for ‘who gets what’ are normal in political parties and most common in nascent democracies like Nigeria’s. The parallel party congresses which were witnessed in many states are nothing but the manifestation of various problems in the APC being amplified by the forthcoming 2019 elections. These problems are offshoots of six major issues which are: governors who want to control everything and everyone; second, ex-governors who want to control incumbent governors; third, second-term governors fighting senators for senate-seat tickets; fourth, senators who want to become governors; fifth, parliamentarians unsure of a return ticket and finally, party faithful and stakeholders who feel sidelined by state government or at the centre. Looking at the crisis in the APC from political science perspective, the APC is struggling to effectively manage sudden fame and enormous power in the hands of different interests groups with diverse world views. The APC has suddenly become very mighty but with weak respect for party supremacy and control. This is a problem. As the national convention of the APC approaches, the game in the APC has got messier and personal – thus, the
e expect that in view of this festering sore, a special unit of police solely mandated with the task of handling human trafficking by combing the nooks and crannies of the country should have been established with strong determination to fish out operators of ‘baby factories’ and illegal orphanages. If this is done, and culprits are diligently prosecuted and brought to justice in a swift manner, it will go a long way in serving as a deterrent to others who engage in the nefarious trade. However, we are mindful that there are operators of licensed orphanages and couples who follow laid down procedures in adopting children and they should be encouraged. But those who take advantage of the increasing number of childless parents by engaging in mushrooming of all manner of motherless babies’ homes in a desperate quest for quick money should be exposed and decisively dealt with in accordance to law. They pose a threat to the health of our society. In the same vein, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) must step up its supervisory and monitoring efforts on these orphanages by working hand–in- hand with security agencies, social welfare departments, Ministry of Women Affairs and the civil society. The approving authorities should equally raise the standard of establishing orphanages with a view to ensuring that every prospective operator meets some minimal conditions before they are licensed.
person of President Muhammadu Buhari is needed to put a stop to it. President Buhari is known not to interfere in party affairs or interested in controlling party structures, even at his own ward level. This is mixed blessing for the APC. Buhari’s non-interference has entrenched internal democracy in the APC, as a party and at the same time has also created a free-for-all atmosphere where everybody tries to put their personal interest above the party’s. The results of just concluded congresses have divided the APC into groups purely based on political interests. Despite consisting of individuals with diverse ideologies and from different political backgrounds, harmony amongst members is still possible in the APC. This is achievable through genuine political reconciliation method of ‘give and take’ and a measure of ‘presidential touch’. This will help prevent the eventuality of some of the aggrieved groups moving to other parties, with other groups that stay playing the role of spoilers, especially at the state levels. President Buhari’s personality is critically needed because Buhari is a colossus in the APC, and he is one of the foundations in the formation and membership drive of the APC. He is also an undisputable regional force with cult-like followership. If the APC were a plc, Buhari should own at least 55 per cent stake. So, as things are now, it appears that Buhari is the only person alive that can resolve the present problem in the APC. Zayyad I. Muhammad, Jimeta, Adamawa State
REASON CHELSEA LOST THEIR CROWN
T
he secret of Jose Mourinho as a football coach was his application of analytical skills to the overall managerial role; well, this should not surprise us because he was a graduate of Sports Methodology at the BSc level. Every one of us fans of the English Premier League (EPL) can tap into this knowledge base by observing that Mr. N’golo Kante was key to the title-winning run of Leicester Football Club (LFC) and when he was bought by Chelsea Football Club (CFC), the CFC clinched the EPL crown. Now, the scientist in us should be doing correlation analysis and coming up with deduction to the effect that Kante was key, very key to winning titles. Thus, if CFC desired to sincerely defend their title then this club should have built resources around Kante taking into consideration his mood and sensibilities; if changes on the player-structures around Kante should
be made then he ought to be consulted. Apparently, Coach Antonio Conte did not sense that Kante was a very shy and sensitive fellow, thus when the decision was made to bring in the brash and loud Tiemoue Bakayoko from Monaco Football Club to partner Kante in the midfield, all hell was let loose in Kante’s winning mentality but Kante was not telling because Kante functions in repressed mode. It was obvious that Chelsea defence of the EPL crown was all but over when Bakayoko taunted Kante to the effect he was better than Kante; Chelsea need not have joined the fray during the mad rush to strip Monaco of its title-winning stars; Kylian Mbappe to PSG, Bernado Silva and Benjamin Mendy to Manchester City, and the rumoured Thomas Lemar move to Arsenal. Chelsea effectively got it wrong about Kante. Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna, Niger State
T H I S D AY • TUESDAY, MAY 22, 2018
16
POLITICS
Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 07054786260 SMS ONLY
EXECUTIVE BRIEFING
Why NJC Must Be Proactive Until the National Judicial Council develops a method of investigating judicial officers rather than wait for petitions from members of the public, allegations of corruption will continue to plague the judiciary, writes Davidson Iriekpen
L
ast week, the Code of Conduct Tribunal discharged Justice Sylvester Ngwuta of the Supreme Court of the allegations of corruption levelled against him by the federal government. The judge had recently been discharged of similar offences by by a Federal High Court in Abuja. In their ruling, the tribunal Chairman, Justice Danladi Umar, and member, William Atedze Agwadza, agreed with the argument of Ngwuta that as a serving judge of the Supreme Court, he cannot be tried in any court or tribunal except after he had been subjected to the investigatory and disciplinary processes of the National Judicial Council (NJC). Ngwuta was among the seven judges whose homes were invaded in a sting operation in 2016 by operatives of the Department of State Service (DSS). Following his arrest, he was then arraigned before the Federal High Court on a 13-count criminal charge bordering on money laundering and unlawful possession of multiple international passports. On March 21, 2017, the government equally filed an eight-count charge against him in court. The prosecution accused him of contravening the Code of Conduct Bureau (CCB) and Tribunal Act by failing to declare some of his assets. He was also accused by the prosecution of possessing 28 plots of land, which he allegedly refused to declare to the CCB between June 2, 2011, and July 19, 2016. It was also alleged that Ngwuta, within the same period, engaged in the purchase and sale of rice, palm oil and other related products, while being a judge of the Supreme Court. The federal government also claimed that the judge owns five cars, which he allegedly kept away from the CCB. In discharging the judge, the CCT in its decision, relied on the judgment of the Court of Appeal in the case of Justice Hyeladzira Nganjiwa, in which the appellate court held in a December 2017 judgment that by virtue of Section 158 of the 1999 Constitution, the NJC has the powers to sanction judicial officers for any misconduct while in office. The tribunal held that a judge could not be prosecuted by any court or tribunal until the NJC has dealt with the allegations against him/her and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her. It consequently quashed the charges against Justice Ngwuta and discharged him. Last March, Justice John Tsoho of the Federal High Court in Abuja had discharged Justice Ngwuta of similar offences. Following an application by Ngwuta’s counsel, Godwin Agabi (SAN), challenging the jurisdiction of the court to try him when the NJC had not found him culpable of any misconduct or recommended him for trial, the trial judge, in his ruling, struck out all the charges against the Supreme Court judge for lack of jurisdiction. The court held that the prosecution did not fulfil “the condition precedent in filing the charge against judicial officers,” adding that there was no dispute to the fact that Justice Ngwuta is a serving Supreme Court Justice. The court relied on the judgment of the Court of Appeal in Justice Nganjiwa’s case. Tsoho noted that both the prosecution and defendant counsel are in agreement that the Court of Appeal’s decision in Justice Nganjiwa applied to this case, “except that the prosecution made an exception and listed theft, arson and murder as cases where judicial officers may be arrested and prosecuted without recourse to the NJC.’ “In my humble view, separation of power between the three arms of government is entrenched in the constitution. The NJC is given power to discipline erring judicial officers. By strict adherence, the power is constitutionally
Chief Justice of Nigeria, Justice Walter Onnoghen
vested on the NJC to discipline judicial officers and that power cannot be taken away in a democracy. It is tidy and safer that all matters relating to the discipline of judicial officers should be first dealt with by NJC,” Justice Tsoho held. Recall that in the case of Justice Nganjiwa which the CCT and the Federal High Court relied on to discharge Justice Ngwuta, the Economic and Financial Crimes Commission (EFCC) had arraigned him (Nganjiwa) on a 14-count charge of corruption before the Lagos State High Court in Igbosere where it accused the judge of receiving a total of $260,000 and N8.65million gratification to unlawfully enrich himself as a public official. But the Court of Appeal, in a lead judgment by Justice Abimbola Obaseki-Adejumo on December 11, 2017, struck out the charges, holding that EFCC lacked the power to prosecute a serving judge, who has not been first investigated and dismissed and handed over for prosecution by the NJC. Many Nigerians will like to know what happens to all the allegations levelled against the judge now that he has been discharged. What happens to the allegations that two Diplomatic Passports and another two valid Standard Nigerian Passports were found in his possession? Is it lawful to have two valid passports? Is it lawful to falsify age? How did he come about the huge sum of money both in local and foreign currencies found in his home? Until the DSS conducted the sting operation
The group said it had not found anything in the constitution that authorised a branch of government to control the exercise of the powers of another branch
where its operatives raided the homes of some justices, jsome judicial officers were conducting themselves in a most indecent and despicable manner. The enthusiasm which used to greet the nerve of the judiciary few years after the country attained democracy in 1999 was replaced by apathy, frustration, anger and revulsion from the public. Judges were often derided and abused because justice is now in the hands of the highest bidder. The resultant effects, according to observers, were the vague, contradictory and incongruous judgments that emanate from their chambers. Hardly were judgments in sensitive political cases delivered without allegations of bribery. Sometimes, these allegations are fuelled by judges reaching different conclusions in similar cases. So bad was the situation then that the late respected Justice of the Supreme Court, Kayode Eso, of blessed memory took a swipe at the judiciary, saying that the judiciary was full of judges and justices who ought not to have been there in the first place. Eso said until the bad eggs in the institution were flushed out, the justice sector would continue to witness retrogression. He wondered if it was the same judiciary that produced the likes Sir Egbert Udo Udoma, Akinola Aguda and Olayinka Ayoola and many others whose names vibrate and reverberated in the Halls of Chief Justices for great African countries that produced the current crop of judges and justices. He said gone were the days when it was a pride to be counted among justices of the Supreme Court who in the military dictatorship, held the notorious military decrees at bay. What happened between a former Chief Justice of Nigeria, Justices Aloysius Katsina-Alu, and a former President of the Court of Appeal, Justice Ayo Salami, exposed how judgments were negotiated and traded away. A renowned constitutional lawyer, Professor Ben Nwabueze (SAN), then had criticised some judges and justices on quality of their pronouncements. He accused them of allotting governorships and presidency at their whims and thereby diminishing the tenets of justice cum constitutional democracy. Another lawyer, Chief Afe Babalola (SAN) once lamented that it was regrettable that Nigerians were no longer reposing confidence
in the judiciary despite the acronym that it is the last hope of the common man. He posited that experience in the past had shown that “our bitter experience is that election petitions have inflicted severe injuries and damage on the electorate, the judiciary (which has been brutalised and called all sorts of names) as well as the political class.” Former President Olusegun Obasanjo and a former Chief Justice of Nigeria (CJN), Justice Mohammed Uwais, at a function in Lagos, expressed disgust over the present state of the nation’s judiciary and agreed that the system was riddled with corruption. To know that these were the periods Justice Ngwuta and many others held sway both at the Court of Appeal and Supreme Court, and have got away based on judicial procedural immunity is really baffling to many Nigerians. For an agency that relies mainly on petitions to move against judges, many Nigerians feel that discharging judges, including Justice Ngwuta, on the grounds that security agency lacks the power to prosecute a serving judge, who has not been first investigated and dismissed and handed over for prosecution by the NJC is not tenable. They feel that the NJC should fashion a way of conducting discreet investigation against judges beyond waiting for petitions from members of the public. “So if nobody files a petition against a judge all through his entire career, does that make the judge a saint? Certainly not! Can’t the NJC on its own sniff the judgments judges delivered either at the Court of Appeal or Supreme Court to know whether it was tainted or corruptly delivered based on his or her submissions and conclusions?”, asked a Lagos-lawyer who did not want his name mentioned. “All over the country, we have seen how the Court of Appeal and sometimes the Supreme Court have lampooned judges for either delivering poor and biased judgments, what has happened to them? Nothing. They still go ahead to deliver more,” he added. This is why an advocacy group, Access to Justice (A2J), frowned at the discharge and acquittal. In a statement by its Executive Director, Joseph Otteh, it rejected the judgment, saying the court had, by its judgment, “clothed judges with procedural immunity.” The group said it had not found anything in the constitution that authorised a branch of government to control the exercise of the powers of another branch. It said: “Access to Justice disagrees with this judgment, respectfully. The decision will gravely undermine the ability of law enforcement agencies to function freely and independently and obstruct efforts to hold the judiciary accountable for any abuses of its adjudicatory authority for which many judges have been sanctioned by the NJC in limited respects. “Although the decision avers to safeguard the separation of powers structure between the respective branches of government, it however, brutally assaults it, for it essentially bars law enforcement agencies (executive bodies) from undertaking their functions where judicial officers are concerned unless the NJC (a judicial body) has first examined the matter and found the judge culpable of misconduct. “The Court of Appeal has now introduced a ‘procedural’ immunity clause for judges, which, all things considered, may be just as good as a substantive immunity protection. Here’s how: persons who may have information of illicit enrichment by judges cannot approach the NJC, because the NJC will ask for hard proof – as had happened in many instances. Not having the powers of law enforcement agencies, they cannot gather evidence by themselves from relevant financial institutions as only law enforcement agencies can request to see financial cash-flow statements from financial institutions within the context of a criminal investigation.”
17
T H I S D AY • TUESDAY, MAY 22, 2018
POLITICS
Fayemi’s Tortuous Path to Victory Victor Ogunje traces former Ekiti State governor, Kayode Fayemi’s bumpy road to clinching the ticket of the All Progressives Congress for the July 14 governorship election
F
ormer Governor of Ekiti State, Dr Kayode Fayemi navigated a winding, bumpy and thorny road to become the governorship candidate of the All Progressives Congress (APC) for the July 14 poll. The victory, even within his own party didn’t come easy. It was a war-like political struggle to many of the governorship aspirants. It was a time when old friends became foes and old foes found allies in themselves. The coalition of forces against Fayemi by some aspirants and brazen display of enmity underscored how ruptured the APC has become in Ekiti. The manner by which the May 5 primary was disrupted by irate party members, had taught Fayemi a lesson on the need to improve on his relationships with party members if his dream to stage a comeback must come to fruition. Before he joined the fray, there was a rumour about his intention to contest but party members promptly dismissed it as imagination. But it later dawned on them that the Minister of Mines and Steel Development still had his eyes fixed on the governorship seat. From there, outpouring of invectives began. Some of his protégés, who had earlier sought his blessings before entering the contest became disappointed and felt betrayed. They were shocked by his refusal to groom one of them to occupy the seat. Though, Fayemi , a dogged and resolute person had his own conviction. He took those open abuses and jibes with equanimity. He quickly rolled out underground campaigns within the party by reaching out to the delegates. The rest is history. It wasn’t a victory that was got on the platter of gold despite claim that Fayemi was in control of the APC’s structures in the state. Before he declared, some his friends and those who benefited from him in the past had pledged loyalty to other aspirants and they chose decided to stick to their guns. It took the minister time, resources and legworks to be able to convince his patriots in APC to vote for him. The botched primary election further strained Fayemi’s relationships with his old friends. Special Assistant to the President on Political Matters, Senator Babafemi Ojudu was clear in his allegation that Al-Makura was under strict directive from Chief John Oyegun-led National Working Committee to pervert the will of APC delegates. But Fayemi quickly dismissed this accusation and insisted that his goodwill in the party would do the magic for him and it worked out perfectly. A Fayemi’s close ally, Mr Samuel Abejide on the day the first primary was disrupted said the minister had been the one oiling the party’s structures since 2014 across the 177 wards in the state with little or occasional contributions from other party members. He said no matter how unpopular Fayemi might have been in APC, that he still held the ace. And this statement proved right by the outcome of the election as the minister garnered 941 votes to defeat his closest rival and former governor Segun Oni, who polled 481 of the 2, 327 valid votes. The minister’s victory could be predicated on many factors. Fayemi’s generosity, strong financial war chest, doggedness and the general belief among APC delegates that he remained the only person with the charisma and right connections to face Governor Ayodele Fayose. Some reasoned that for Fayose to have realised three years ago that his predecessor must be probed, lent credence to the fact that the present PDP Government was afraid of Fayemi. In the white paper presented by the Justice Silas Oyewole-led judicial commission set up by Fayose to probe Fayemi, it was recommended that the former governor should be barred from holding political office for 10 years. This further reinforced the view that the minister was being persecuted. This won him some sympathy. Fayemi had been widely taunted for the colossal and historical defeat he suffered in Fayose’s hands in 2014. He was determined to redeem his political image and it could have
Dr Kayode Fayemi
been disastrous if he had lost the primary. The former governor realised this and that must be the reason why he took the battle as that of life and death. To show how terrifying the election was, bigwigs in Ekiti politics astonishingly fell on the way side while the seeming neophytes made surprising showings. An engineer and a new comer in Ekiti politics, Mr. Kayode Ojo came third in the poll with 281 votes. Other results declared were: Hon Femi Bamisile 179, Dr Oluwole Oluyede 110, Senator Gbenga Aluko 86, Hon Bimbo Daramola 28, Hon Bamidele Faparusi 23, Senator Babafemi Ojudu, who had stepped down got 10 votes, Hon Opeyemi Bamidele 8, Dr. Mojisola Yaya-Kolade 4, Senator Ayo Arise 2 and Mr. Muyiwa Olumilua polled 2 votes, Oladipo Ogunkoyode 8, Kola Alabi 14, Bisi Aloba 7, Sesan Fatoba 45, and Victor Kolade 16. With this victory, Fayemi will slug it out with Deputy Governor Kolapo Olusola, who had picked the ticket of the PDP and it is expected to be an exhilarating and issue-based campaigns, because the duo are accomplished scholars. Fayemi, in his acceptance speech, spoke like a man with genuine penitence. Applying sagacity to diffuse the erroneous notion that he was arrogant, he immediately apologised to Ekiti people for the mistakes of the past. With this statement, many said Fayemi had made the job of campaigning easier, The people of Ekiti believe in the axiom to err is human, to forgive is divine. Fayemi advised other aspirants to forget whatever division the primary must have caused by focusing attentions on the coming election and how best to make APC relevant
in the state, saying “No one including myself is greater than the party”. He appreciated the roles played by Asiwaju Bola Ahmed Tinubu, Chief Bisi Akande, Aremo Segun Osoba and Otunba Niyi Adebayo for their contributions to the success of the election. He said: “Ekiti people should be rest assured that I am not on vengeance mission. In the course of ruling as a governor, I must have committed some errors by omission or commission, I hereby apologise to those who must have been adversely affected by our policies. I thank my co-contestants, we are in this journey together and we must be committed to the struggle to reclaim Ekiti and banish poverty from our land.” He had already taken some steps to foster unity by visiting key leaders of the party and other aspirants who contested against him. Surprisingly, he visited them with APC Chairman in Ekiti, Chief Jide Awe, who was alleged to have vehemently opposed to his aspiration. He also cautioned his supporters against attacking other aspirants. The APC candidate noted that the activities of all the aspirants in the past few months had further strengthened the party, adding that any of the aspirants would have made a better governor than any candidate the PDP could present. “We are one big family. We cannot all win in an election. But one thing I know is that all the contestants are eminent Ekiti sons and daughters who are qualified to govern the state better than the present occupier of the office. “Therefore as we go into the election, we must see ourselves as members of the same
family who deserve mutual respect. No more socialmedia and verbal attacks henceforth. Our only enemy is the PDP”, he said. Strong contenders in the primary had also set aside their differences to help the minister succeed in this new task. The duo of Opeyemi Bamidele and Mr. Kayode Ojo, have promised that they would work assiduously to ensure that Ekiti joins the progressives government under President Muhammadu Buhari. Bamidele said he would work hard with other like-minds across the state to ensure that the minister triumph in the election, which he described as a reclamation battle to ensure the people are freed from the pangs of poverty, deprivation and bad governance. “The APC is set to give Ekiti people a new lease of life through prioritization of timetested policies capable of transforming the economy and provision of opportunities for wealth creation, social welfare, healthy living and food security. “Dr Fayemi in the full glare of everybody had apologized to the teachers, civil servants, artisans and those who might be affected by his policies as a governor, I beg our people to accept his apologies.” Ojo, who polled 281 votes to come third in the primary , said he had no reason to blame Fayemi for joining the fray to contest for the governorship ticket in APC, saying it was his constitutional right. He added that he had accepted the outcome of the primary and had resolved to work with Fayemi to make the party triumph in the coming election. “Dr Fayemi had visited me and I have accepted wholeheartedly to work with him in the interest of our party. I believe the APC is supreme to all of us and we must not do those things that will sabotage our efforts in this coming election. Though, I did not win the primary, but I have no regret contesting because members of APC in Ekiti are great people. “I am seeing a bright future for Ekiti APC going by the spirit of sportsmanship our people have displayed. Other parties have been calling me to come and get the ticket but I resisted them. I will work with APC with my teeming supporters for us to win this election and I charge other aspirants to imbibe the same spirit”, he said. Even the runner-up in the primary, Oni didn’t hide his feelings that he was ready to work with Fayemi. But he raised serious objection to allege victimization being meted out to his supporters by Fayemi’s loyalists, threatening that he would leave the party if members of his political family are intimidated by any caucus. Oni expressed regret that he had got reports about how his supporters were being allegedly harassed with threat that they would not be accorded any recognition if Fayemi won. Oni appreciated Fayemi’s gesture and respect by immediately visiting him barely six hours the election result was declared, saying unity of purpose and friendliness could only be sustained if the minister could rein in his supporters to engender cohesion within APC. He said: “We are not leaving APC , but I have a responsibility to protect my supporters. But this habit of winners take all and what we are hearing that Segun Oni boys will be in the cooler for four years if APC wins is what I won’t tolerate. “We are approaching a windstorm, which is the election and I believe we need to take caution on both sides. As much as we are ready to work with the winner, they too must be receptive and be trusting. “We are not scavenging, neither are we scavengers. We have been receiving pressures from different parties that we should come for the tickets, but we said no, because we want this to be an example and become a new thinking that when you lose the primary, you must stay in your party even when you are popular. “But if they continue to harass my supporters, I may quit the party, because I have responsibility not only to protect them but ensure that they are not taken for a ride”.
18
TUESDAY, MAY 22, 2018 • T H I S D AY
FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
Military’s Scorecard in Niger Delta Recently, the military-led Joint Task Force fighting crime in the Niger Delta, gave an account of its activities since the change of its code name to Operation Delta Safe in 2016. Emmanuel Addeh reports
U
narguably, the Niger Delta remains the most important region in terms of its economic contribution to the survival of the entity called Nigeria, at least as it obtains today. No wonder, therefore, that ‘the powers that be' in Abuja, the country’s seat of power do not take lightly security issues in the Niger Delta, given the catastrophic effect it would have on crude oil production which Nigeria relies heavily upon as a foreign exchange earner. To curtail the intermittent disruptions, especially to oil infrastructure and multinationals, the Joint Task Force, a security outfit which has evolved in the last few years, both in nomenclature and tactics, was birthed. Since then, it has transmuted from Operation Pulo Shield (OPS) which earlier succeeded Operation Restore Hope (ORH) and now Operation Delta Safe, (OPDS). However, the objectives remain the same: To tackle vandalism, oil theft, illegal crude oil refining, kidnapping, sea robbery and all other forms of criminalities in the region. But in the course of going about its duties, the headship of the outfit has also come out occasionally to intimate the public as to how far it has gone and what remains to be done. Simply put, the leadership of the Special Force, renders account of its stewardship. To this end, The Joint Task Force (JTF), Operation Delta Safe, headquartered in Bayelsa disclosed penultimate week that it had in the last 15 months recovered massive high-calibre weapons used by militants and suspected oil thieves in the Niger Delta. Listing its successes in the fight against criminalities in the region, the JTF, a coalition of all security agencies in the country, noted that the killing of four deadly militants across the Niger Delta states was also a breakthrough in its efforts to rid the region of 'hostile elements'. In a joint press conference by the Acting Director of Defence Information, Abuja, Brig.Gen John Agim and the Deputy Commander of the JTF, Brig.-Gen Kevin Aligbe, the Force also declared that it recovered 1,389 different types of arms and 20,352 items of munitions from criminals. “From 1 January 2017, till date, the Force has seized and impounded 24 vessels, 191 barges, 234 outboard engines and 476 other types of passenger boats. “Additionally, the Force has seized 105 tanker trucks, 228 other vehicles and 610 pumping machines as well as 76 generator sets and 5,842 other items being used in facilitating illegalities in the joint operations areas,” Agim said. According to the Defence spokesman, to make life uncomfortable for the militants and illegal oil refiners, the military also embarked on the destruction of their safe havens and the items used in perpetrating illegalities. “The Force has in this process destroyed 1,437 illegal refineries, 795 wooden cargo boats (also known as Cotonou boats), 3,872 metal surface tanks and 1,019 plastic tanks. Also, 13,129 drums and 13,343 Jerry cans have been destroyed,” he said. He added that the use of 'swamp buggy' in the JTF’s anti-illegal refining operations had significantly degraded the capacity of illegal refinery operators to revamp destroyed illegal refineries. Agim declared that since activation, a total of 1,846 persons involved in diverse acts of criminality had been arrested in the JOA, adding that a large percentage of the
L-R: Director of Defence Information, Brig. Gen. John Agim and Brig. Gen. Kevin Aligbe, Deputy Commander, JTF in Niger Delta, during the briefing
suspects had been transferred to prosecuting agencies accordingly. The operation which covers the entire Bayelsa, Delta and Rivers States, as well as the southern parts of Abia, Akwa Ibom, Cross River, Imo and Ondo states, the military said, also saw the clearing of areas of identified militant camps whose activities had threatened national security. Recalling the killing of some top militants in the region, the JTF noted that many of the operations led to the restoration of full
From 1 January 2017, till date, the Force has seized and impounded 24 vessels, 191 barges, 234 outboard engines and 476 other types of passenger boats. Additionally, the Force has seized 105 tanker trucks, 228 other vehicles and 610 pumping machines as well as 76 generator sets and 5,842 other items being used in facilitating illegalities in the joint operations areas
scale oil production in the Niger Delta. “Several militants have been neutralised and camps destroyed in the process. Furthermore, a high profile militant called Ossy Ibori was neutralised at Ajakpa, Ese-Odo LGA of Ondo State. One Augustine Gbangbanran, who operated along the Sapele/Warri North axis of Delta State, died of gunshot wounds he sustained in an encounter with troops. “Operations which were initiated in 2017, eventually led to the neutralisation of another notorious militant called Oyawerikumor Peregbakumor (a.k.a. Kariowei) in early 2018. “Subject had terrorised communities along the Bomadi/Burutu axis of Delta State, and staged high profile kidnappings including that of four British expatriates in 2017 in which one missionary died. “In Southern Cross River and Akwa Ibom states, Operation Delta Safe carried out an extensive clearance operation from 24 March – 1 April 2018. Prior to the operation, the security situation had significantly deteriorated following violent cult and militants activities. “Two local government areas of Akwa Ibom State namely Etim Ekpo and Ukanafun were cleared of miscreants who had negatively impacted socio-economic life. The operation was a huge success owing to the synergy amongst the security agencies in Akwa Ibom State with the OPDS,” Agim said. He noted that on the 11th of April 2018, Operation Delta Safe successfully conducted a covert operation with Special Forces where a high profile militant leader of the Bakassi Strike Force, alias G1, had continued to pose a transnational threat in Cameroun and the coastal territory of Bakassi, Ikang and environs in Nigeria. “Concertedly, our troops dislodged the militant group’s camp at a creek along Efut Esighi in Cross River State where several arms and ammunition were recovered and some of the militants neutralised,” he added. According to him, all the efforts are in line with the Chief of Defence Staff, General
Abayomi Gabriel Olonisakin’s directive, as well as meeting the strategic expectations for the establishment of OPDS. “Hitherto, the incessant destruction and sabotage of oil facilities resulted in a drastic drop in crude oil production which affected the economic fortunes of the country. Likewise, attacks on gas pipelines further affected the power generation capacity of the nation. “As at when the Force was activated on 24 June 2016, oil production output of Nigeria had dropped from about 2.2m to less than 900,000 barrels per day. It is gratifying to note that as at date, the production levels are averaging about 2.5 million barrels per day. “Indeed, the NNPC management recently affirmed that pipeline vandalism had dropped significantly. These tangible successes have further spurred the Task Force to improve upon this standard to drastically reduce breaches on oil infrastructure in the JOA,” Agim said. In his remarks, Brig.-Gen Aligbe, who also heads the land component of the JTF and is Commander 16 Brigade, Yenagoa, said feedback from the prosecuting agencies showed that 66 cases were prosecuted, 48 were successful, two cases were lost, while others were ongoing. On allegations that the JTF in the region was complicit in the pollution of the Niger Delta, occasioned by the black soot in Port Harcourt, Gen. Aligbe refuted such insinuations. Aligbe, Deputy Commander of the Joint Task Force (JTF), and Commander of the land component of Operation Delta Safe (OPDS) in the Niger Delta, told journalists that there was no conclusive evidence that the military was culpable. The occurrence of the black soot which had elicited concerns over its effect on public health is believed to cause respiratory diseases, leading Nigeria’s Ministry of Environment to declare an air pollution emergency in the affected areas.
19
• T H I S D AY TUESDAY, MAY 22, 2018
FEATURES
Soldiers fighting criminalities in the creeks
Brig. Gen. Kevin Aligbe, Deputy Commander, land component OPDS and Commander 16 Brigade , Yenagoa
Recovered arms by JTF
But Aligbe, who is also the Commander of 16 Brigade in Bayelsa, argued that if indeed JTF activities were responsible for the pollution, Delta State and parts of Bayelsa which have a concentration of the operations of the force would have been heavily affected. He added that the military had graduated from the alleged indiscriminate burning of illegal refineries to the current practice where seized vessels are 'mechanically' destroyed. “Our operation continues to evolve and we continue to adopt methods that are environment-friendly, we are doing a lot of mechanical operations using sea vehicles, and heavy equipment to destroy these illegal cooking points instead of just incinerating as it were. “Where these vehicles or vessels are taken close to land, they are taken to designated points, safe areas and they are destroyed in these locations. So, the issue of environment degradation and of course the health hazards posed to the populace is taken into cognisance. “That is directly linked to the protection of civilians. In the areas we do surgical operations, narrow down to specifics instead of invading communities and have a blanket rounding up of individuals. We are intelligence driven against designated targets to take out these elements and the equipment they use,” he maintained. The senior military officer added: “It will not be correct to say it is the destruction of illegal refineries that is responsible for soot
in Port Harcourt. There are illegal refineries in Delta, in Warri. Have you heard of soot in Warri the way it is in Port Harcourt?
The operation which covers the entire Bayelsa, Delta and Rivers States, as well as the southern parts of Abia, Akwa Ibom, Cross River, Imo and Ondo states, the military said, also saw the clearing of areas of identified militant camps whose activities had threatened national security
“There are industries in Port Harcourt that emit soot. That does not remove the fact that the activities of these illegal refiners may also contribute to what they are experiencing there.” According to him, the military now deploys heavy machinery which also mitigates the effect of the destruction of illegal refineries on the environment. “We get swamp buggies into those areas and take them where they are destroyed without affecting people. The illegal operators are only able to extract about 30 per cent of the content of crude oil. “The rest 70 per cent is left in the general areas. From the point they steal to the point they cook these materials are several kilometres and they use chains of pumping machines, 20 to 25 sometimes. This is what leads to degradation of the environment,” Aligbe insisted On civil-military relations, the JTF said a number of community relations activities were undertaken to touch base with the operating environment, where the Land Component of OPDS, led by Aligbe, a thoroughbred officer, undertook a complete renovation of the famous Oloibiri Oil Well 1, the first commercial oil well discovered in Nigeria at Otuabagi in Ogbia Local Government Area of Bayelsa State. “It was done basically to add tourist value to the iconic site. The site was signposted and this has not only attracted tourists to
the iconic oil well but enhanced greatly the profile of the site as the mother of all commercial oil wells in Nigeria. Additionally, a number of medical outreaches were conducted in the JOA with huge success. Medical items were donated to the maternity and paediatric wards of the Federal Medical Centre, Yenagoa, with medical outreaches conducted at Azagbene and Obama towns where troops of OPDS are deployed. “The land component also renovated a primary school at Uzochi community in Rivers State. This was done to encourage the IDPs who returned to their community to have access to conducive learning environment for their children and wards. This is in line with the drive to enhance confidence of the community in the operation,” the JTF leadership noted. Also, in pursuance of its civil-military obligations, the JTF carried out engagements with companies and communities in areas where friction existed. “So far, over 140 issues have been resolved amicably. It is worthy to state that host communities in the JOA prefer OPDS arbitration through CIMIC to conventional legal system. “This is due to the quick dispensation of issues. With these interventions, the Force has minimal cases of human right abuses occasioned by confrontations with troops by aggrieved communities,” the military said.
20
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
21
T H I S D AY • TUESDAY, MAY 22, 2018
BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT
A S
A T
REPO 7.83 9
CALL 1-MONTH 3-MONTH
M A Y
Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321
1 8 ,
2 0 1 8
S & P INDEX 7.17 9.33 9.67
INDEX LEVEL 1-DAY MONTH-TO-DAY QUARTER-TO-DAY YEAR-TO-DAY
EXCHANGE RATE 356.66 0.04% -1.09% 3.08% 8.25%
N305.85/1US DOLLAR AS AT LAST FRIDAY
Quick Takes Indo-Africa ICT Expo Begins on Tuesday
MERITORIOUS AWARD
L-R: Group Deputy Managing Director, Access Bank Plc, Mr. Roosevelt Ogbonna, receiving overall winner of the Global Reach Trade Finance (GRTF) award (Nigeria), on behalf of the bank from Managing Director, Global Head Trade Finance-financial Institutions, Global Transaction Banking, Deutsche Bank AG, Ulf-Peter Noetzel, during the Deutsche Bank Global Reach Trade Finance (GRTF) and Straight Through Processing (STP) award 2017 and 2018 dinner in Lagos…recently
No End in Sight for Nigeria’s Energy Crisis as TCN Says Power Deficit to Linger for 10 Years Stories by Chineme Okafor in Abuja There appears to be no end in sight for the Nigeria’s electricity crisis as a system adequacy report submitted by the Transmission Company of Nigeria (TCN) to the Nigerian Electricity Regulatory Commission (NERC) has indicated that Nigeria would continue to suffer from severe grid electricity shortage in the next 10 years. The report said this would happen because under the most optimistic assumptions of high technical availability, high rainfalls, and low demand
ENERGY growth, energy deficit in the country would remain at a level of around 3,000 megawatts (MW). The country, it explained would however experience an average increase in power demands by 15,440MW and 24,551MW in 2027. The report indicated that the studies was undertaken by the Japan International Cooperation Agency (JICA) perhaps for the TCN, and that it forecasted for periods up to 2027. It was equally obtained by THISDAY in Abuja.
“Nigeria will continue to suffer from a severe deficit in electrical energy from the main supply grid in the next 10 years. Even under most optimistic assumptions (high technical availability, high rainfalls, low demand growth), this energy deficit will remain at a level of around 3000MWh/h. In addition to insufficient generation capacity, constraints in the gas supplies will remain very important. Given the expected available generation capacity, gas constraints will continue to limit the available energy until 2025. The capability of the transmission network was
calculated under the conditions of all active generators in service and the load distributed according to the MYTO allocation5. The planned generation and transmission projects were considered. The capability of the 330kV network is limited by thermal as well as voltage stability constraints,” said the report. Based on its findings as far back as 2015, it stated: “The adequacy of the generation and transmission systems in 2015 is summarised as follows: Nigeria suffered from a severe Continued on page 22
How FG Restored 80% of Power Facilities Destroyed in Northeast The federal government has been able to restore about 80 per cent of the electricity transmission and distribution facilities damaged by terrorist group, Boko Haram in the northeast through the intervention efforts of the Niger Delta Power Holding Company (NDPHC) and Transmission Company of Nigeria (TCN), THISDAY has learnt. THISDAY gathered from the May 2018 monthly power sector operators’ meeting held in Yola, capital of Adamawa State, that the duo of NDPHC and TCN had been instrumental in
ENERGY helping to restore power supply to customers in states in the northeast, which are under the network of the Yola electricity distribution company (Disco). Speaking at the meeting, the Minister of Power, Works and Housing, Babatunde Fashola, explained that transmission lines in areas such as Damboa, Madagali, Maiduguri, Damasak, Gombi, Mubi, Wukari, and other areas in the work which were affected by the insurgency, have been repaired and now working. He equally disclosed that Yola
Disco has recorded some commendable success in managing the network, adding that this was despite the declaration of a force majeure by its initial core investor in 2015 and the government taking it over. According to him, Yola Disco had shown that the government was committed to the electricity sector and its privatisation exercise. “It is obvious that incremental power is returning to the customers within the Yola Disco franchise, this was obvious from my first visit to inspect resumption of work at the
substations. “The Maiduguri TCN substation, the Mayo-Belwa TCN substation and the installed distribution infrastructure which had been damaged by insurgents have become fully operational. There are testimonies from customers and big-time farmers in Adamawa that they are getting regular supply from the national grid,” Fashola said. He added: “This is what change means, and it is consistent with our roadmap Continued on page 22
Telecom Equipment and Services Export Promotion Council (TEPC) of India, in conjunction with IT and Telecom Summit, is set to host the 4th Edition of IndoAfrica ICT Expo 2018 in Lagos. The event, which is scheduled to hold on 22-23 May 2018 at the Eko Hotels and Convention Centre, has the full support of the Minister of Communications, Adebayo Shittu, who had already gone ahead to invite more than 100 government and industry stakeholders from Nigeria to attend. The invitees of the minister, it was gathered, have shown interest in digital infrastructure, cyber security and skill development. The Indian Minister of Communications, Shri Manoj Sinha and Minister of State for Commerce and Industry, Mr. C. R. Chaudhary are coming along with some delegations and more than 50 Indian exporters to the event in Lagos. The 4th Edition of the Indo-Africa ICT Expo, which is coming on the success of the third edition that took place in Lagos from September 6-7, 2017, is reflective of commitment of India to engage with African countries to promote use of Information and Communication Technologies (ICTs) in national economic development. The choice of Lagos for the event for the second time is in recognition of the vast potential that exists in Nigeria, and also of its importance as a gateway to the West Africa and other parts of Africa.
Lumos Tasks Nigerians on Solar Energy A leading solar power and off-grid solar home systems provider as well as the pioneers of Mobile Electricity Service in Nigeria, Lumos Nigeria, has called on residents in Nigeria’s urban communities to adopt the use of solar energy as part of an effective energy mix option for their critical and basic electricity needs. Speaking at the Solar Future Nigeria 2018 conference, held recently in Abuja, the company’s Vice President, Marketing, Mr. Olufemi Ashipa stated that solar power would help solve to a very large extent, the Nigerian energy crisis that currently needs immediate scalable solutions. Ashipa noted that while power supply remains a major issue in Nigeria, residents in urban communities in the country lead the park in the adoption of very expensive and climate-damaging option for generating power compared to solar energy solutions, which are cheaper, safer and an environmental friendlier option in the energy supply mix.
US Rig Count Holds Steady The US oil rig count held steady last week after rising for six weeks in a row even as crude prices soar to multi-year highs, prompting drillers to extract record amounts of oil, especially from shale. The total oil rig count held at 844 in the week to May 18, General Electric Co’s Baker Hughes energy services firm said in its closely followed report on Friday. RIGOL-USA-BHI More than half the total oil rigs are in Permian basin in west Texas and eastern New Mexico, the nation’s biggest shale oil field. Active units there increased by four this week to 467, the most since January 2015. The U.S. rig count, an early indicator of future output, is much higher than a year ago when 720 rigs were active as energy companies have been ramping up production in tandem with OPEC’s efforts to cut global output in a bid to take advantage of rising prices.
“Opaqueness and inefficiency have always been a characteristic that negatively plagued the petroleum industry” Minister of State for Petroleum Resources, Dr. Ibe Kachikwu
22
T H I S D AY • TUESDAY , MAY 22, 2018
BUSINESSWORLD NO END IN SIGHT FOR NIGERIA’S ENERGY CRISIS AS TCN SAYS POWER DEFICIT TO LINGER FOR 10 YEARS
shortage of electrical energy. Based on an estimated demand of on-grid loads, the Energy Not Supplied (ENS) amounted to 19.3TWh, which represents a continuous average power of 2208MWh/h. The energy shortage was largely due to constraints in the gas-supply chain. These shortages led to an average deficit of 1512 MWh/h. Only some 77 per cent of the available energy from the power plants is utilised. The remaining 23 per cent is not utilised due to problems in the entire supply chain, including generation, transmission and distribution,” he added. Continuing, it explained: “In addition to the energy shortage, there was a severe shortage in reliably available generation capacity (RANGC). RANGC represents the amount of generation that is available for 99 per cent of the time, irrespective of any gas and water constraints. HOW FG RESTORED 80% OF POWER FACILITIES DESTROYED IN NORTHEAST
of incremental power.” However, in an interaction with the Managing Director of the NDPHC, Mr. Chiedu Ugbo, he told reporters that about 25 distribution facilities had been installed for use by Yola Disco in Adamawa, Yobe, Bauchi, Borno, Taraba and Gombe states. Ugbo, explained that 16 injection sub-stations were completed by the NDPHC under its normal project schedule, while additional nine were completed under an emergency intervention window. According to him, in Adamawa, the projects were done in Mubi, Numan, Jabbi, Konar, Girei, Gushua, old Powerhouse, SPY, Dumne, Diima and Tinde Laro; in Yobe, they were in Potiskum and Damaturu; while in Taraba and Gombe, they were in Wukari, Jalingo, Riyal and Bauchi road. In Borno and Bauchi States, he said they had projects in Boma, Bui, Gombe road, and Misau road.
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
Kachikwu: Separate Legislation for Gas Underway Stories by Ejiofor Alike The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu has stated that the federal government has proposed a legislation that will clarify the National Gas Policy and treat gas as an independent commodity, rather than a by-product of crude oil production. Speaking in Lagos at the recent 2018 Brand Innovation Conference, tagged “LightUpNigeria Conference,” which had as its theme “Repositioning the Energy Sector for Growth,” Kachikwu said the proposed gas legislation would tackle gas commercialization and set clear rules on gas activities from the upstream, midstream and downstream sectors. According to him, the legislation will also herald a simplified but clearly defined licensing administration, which will regulate the licensing of operators in the gas value chain. Kachikwu who delivered a keynote address on “Scaling the Nigeria Energy Hurdle: Delivering Energy for Development and Growth – Issues, Challenges, Gaps and Opportunities,” noted that natural gas will be an essential part of the future energy mix as the world moves to a low carbon future. The minister, who was represented by his Senior Technical Adviser, Gas and Power, Mr. Gbite Adeniji pointed out that opaqueness
and inefficiency has always been a characteristic that negatively plagued the petroleum industry. “These were known to demotivate investors, and Mr. President mandated for a new push for efficiency in all sectors and we portrayed this, via out determination to reduce the cost of oil production and contracting cycle. We identified the root causes of the high $32 per barrel production cost and 24 -36 months contracting cycle via inclusive consultations with
stakeholders and then began implementation of solutions. Progress is evident by the reduction of both technical costs and contracting cycle and also increase in Foreign Direct Investments (FIDs) into the country,” Kachikwu said. In her welcome address, the convener of the conference and Managing Partner/ CEO of Brandzone LLC, Chizor Malize, said the theme of this year’s conference was selected to reflect the fundamental
changes to the dynamics of the world energy industry, which the Nigerian oil and gas industry needed to align to. She noted that energy is the basis for industrial and economic activities as it provides an essential component for almost all human activities. Malize stated that the LightUpNigeria Conference will kick-start the journey towards looking inwards into the uniqueness of Nigeria’s energy problem and finding
innovative solutions that recognise the distinctiveness of the country’s energy market. She acknowledged that energy provides solutions for power, heating, lighting, education, mineral extraction, industrial production, manufacturing and transportation. According to her, the energy sector has a pivotal role to play in illuminating the country, adding that it is indispensable and crucial to the country’s growth.
PUTTING HEADS TOGETHER
L-R: Chairman, Petroleum Technology Association of Nigeria (PETAN), Bank-Anthony Okoroafor, and the Group Managing Director of the Nigerian National Petroleum Corporation, Dr. Maikantin Baru, exchanging views just before the just concluded OTC 2018 Panel Session on Gas in Houston, Texas, USA, … recently
Concerns Grow over 15% Hike Eko, Ibadan Discos Decry Spate of Violent Attacks on Electricity Workers in LPG Price Shell boosts gas capacity by 400 Ĵ Marketers of Liquefied Petroleum Gas (LPG) under the aegis of Nigerian Association of Liquefied Petroleum Gas Marketers (NALPGAM), has raised the alarm over what they described as the artificial hike in the price of the product by 15 per cent within two weeks. This is coming as Shell Nigeria Gas (SNG) Limited has stated that it has increased its domestic gas distribution capacity by 150 per cent over the last six months, representing an increase of over 100 million standard cubic feet of gas per day (MMscf/d) or equivalent to some 400 megawatts (MW) of gas- to- power Speaking to journalists in Lagos, recently, the President of NALPGAM, Mr. Nosa Ogieva-Okunbor alleged that a cabal within the LPG sector is sabotaging the efforts of the federal government to deepen LPG consumption in Nigeria. He said the efforts of the Office of the Vice President, Prof. Yemi Osinbajo and the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu were being thwarted by some LPG operators, adding that the marketers have been doing everything possible to encourage the use of cooking gas as domestic fuel. Ogieva-Okunbor disclosed that the price of 20 metric tonnes of LPG has increased
from N4 million to N4.6 million within two weeks, adding that this has resulted to a hike in the price of 6kg and 12.5kg cyclinders. “About three weeks ago, we were in Abuja for the harmonisation of the new LPG policy so that it can hit the ground running. But three weeks after, this cabal started increasing the price of LPG. Within two weeks, the price of LPG has increased by 15 per cent. What came into our minds is why is it now that the federal government is trying to make LPG available by creating a robust policy that these people are trying to kill the NLNG’s LPG programme and monopolise the market? NLNG ship will come and stay for three days without seeing any space to discharge. Another question is why is imported gas cheaper than locally produced gas? Who is behind it? Why is it that VAT is not paid on imported gas but is paid on NLNG product? You said that you want to encourage the use of cooking gas in Nigeria but the one produced in our backyard is more expensive than the imported gas,” Ogieva-Okunbor explained. He called on the federal government to beam its searchlight on the LPG sector and remove VAT on imported product.
As Eko receives equipment from USAID The Eko Electricity Distribution Company (EKEDC) and Ibadan Electricity Distribution Company (IBEDC) have raised the alarm over the spate of violent attacks on their workers and vowed to prosecute the offenders. This is company as the United States Agency for International Development (USAID) Power Africa has donated Bucket Truck to EKEDC to boost the company’s distribution capacity and its ability to reduce technical losses. While reacting to a case of violent attack on a staff of the company in Apapa District in which a staff of the company was beaten to bleeding point, Company’s General Manager, Corporate Communications, Mr. Godwin Idemudia said in a statement at the weekend that the company was fully determined to put a stop to such acts through prosecution of perpetrators. Idemudia warned perpetrators of such act to desist from it forthwith as the company would stop at nothing within the ambit of the law to ensure that perpetrators do not go unpunished. Idemudia argued that neither poor power supply nor billing error should be a plausible excuse for anybody to take the law into his hands and unleash violence on workers on their lawful duties, adding that the company only supplies power
to its customers based on the bulk energy load it receives from the national grid. This, he said, means that if the generation level is low nationwide, adding that it will also affect power supply to electricity customers not only in Eko Disco operational territory, but also all electricity customers nationwide. While admitting the right of customers to lodge complaint against any aspect of the company’s operations, the Eko Disco’s chief spokesman said rather than resorting to acts of vandalism on its staff and property, the company expected any customer having complaint regarding the company’s operations to exercise his right to lodge complaint through lawful avenues. He listed such avenues as contacting the customer care centre either on phone or online, putting such complaint in black and white or coming directly to any of the operational units of the company to lodge the complaint. In a separate statement at the weekend, IBEDC also decried the spate of assault on its staff ccarrying out their lawful duties, following a recent assault of its staff by a customer at Olukotun Area, Idi-Orogbo, Yawiri Area in Ibadan. According to the statement by the company, the
customer’s premises had earlier been disconnected in line with NERC regulation for bypassing his prepaid meter and using IBEDC energy without paying. The statement alleged that the customer illegally reconnected his power supply without recourse to IBEDC. “On discovery of this illegality by IBEDC staff, the attempt to disconnect the customer was unsuccessful, as the customer became violent, attacking IBEDC staff who was still on the ladder, and pulled him down forcibly,” the statement said. The company vowed that it will do everything within the ambit of the law to ensure that its staff and property are protected. It also noted that vandalism is another major challenge affecting its operations, as it loses millions of Naira to this menace. To curb these infractions against its business, IBEDC said it has actively prosecuted any criminal activity that hampers effective delivery of service to its esteemed customers, adding that it has also secured eight convictions on vandalism among which are the recently decided cases of: C.O.P.v. Oloyede Yinusa; C.O.P.v. Haruna Idris and C.O.P.v. Adewale Adekunle whose jail term range between one month to three years.
T H I S D AY • TUESDAY, MAY 22, 2018
23
BUSINESSWORLD
ENERGY
Economy Strengthens on Higher Oil Prices Chineme Okafor reports that the steady rise in crude oil prices, as well as some level of stability in Nigeria’s production levels, is a good development for the economy
OPEC Secretary General, Mohammed Barkindo Some months back, few people in the global oil industry and especially in Nigeria were prepared to live with oil below the $50 per barrel price mark. They had expected that the days of oil trading consistently above the $60 per barrel mark were gone for good, and their reasons were not farfetched. In its 2016 analysis of the reasons why oil price slumped, the World Economic Forum (WEF) stated that the stunning fall in oil prices, from a peak of $115 per barrel in June 2014 to under $35 at the end of February 2016, was one of the most important global macroeconomic developments of that period. It compared it with the sharp fall in 1985-1986, when OPEC members reversed earlier production cuts, and in 2008-2009 at the outset of the global financial crisis, adding that while the 1985-86 decline was mainly supply-driven, and the drop in 2008-2009 was almost entirely due to a collapse in demand, the 2014 fall appeared to be a mix of the two. According to the WEF then, slowing growth in emerging markets, most importantly in China, had resulted to sharp drops in commodity prices almost across board. It, however, noted that oil price drop was significantly steeper than in metals and food, adding that it appeared that the interplay of demand and supply were significant. Coming after nearly five years of price stability, four things were listed by experts as reasons for the price decline. First, it was stated that demand for oil by consumers had gone low because of weak economic activities, and increased efficiency levels in production as economies began to switch away from oil to other fuels. Secondly, the crisis in Iraq and Libya which are two big oil producers with large production volumes, did not affect their output and so, they continued to pump oil. Thirdly, the United State became the world’s largest producer of oil and even though it was not exporting them, it however, cut down its imports and created a lot of spare supply in the global market, and then finally, Saudi Arabia and its Gulf allies reportedly refused to make initial sacrifices of cutting their production levels to restore the price. As it was the case, many countries, including Nigeria took a hit from the price slump, and in addition, Nigeria recorded a peculiar challenge in that its production levels also nosedived for many months on account for renewed militancy
Saudi Energy Minister, Khalid Al-Falih and destruction of oil facilities in the Niger Delta region. Recovery efforts It was not until 2016 that a spirited effort to restore market stability was initiated by member countries of the Organisation of Petroleum Exporting Countries (OPEC), who also copted its non-OPEC allies led by the Russian Federation to gradually halt the price slump. Together with its allies, the OPEC initiated what eventually was adjudged a creative measure, in which parties agreed to cut down their production levels to take out excess volumes in the market and eventually stabilize price over time. The arrangement was signed and its implementation began in earnest. Months down the line, OPEC and its allies reported some good progress with its plan, and after further assessments of its impacts on the market, decided to roll-over the arrangement been that prices were seen to have begun to climb back up. Having watched prices rise from under
Crucially, higher prices also provide an opportunity to save oil earnings above the budget benchmark in the Excess Crude Account and Sovereign Wealth Fund. This will allow the build-up of an important buffer we can fall back on when prices eventually go down
$35 per barrel to now above $70, traders and analyst, this week began to openly talk about the potential return of oil price to about $100. They in their analysis posit that it has remained quite a good turnaround for oil especially as Brent crude hit $80 per barrel last week after the US withdrew from the Iran nuclear deal. By its withdrawal, the US appeared to have re-imposed sanctions on Iran which is amongst the top producers within the OPEC clan. Accordingly, prices have now gone to the highest level since 2014, when US shale oil rise appeared to have first swamped the market and prompted many to consider the days of a triple-digit oil prices over. While demand has been reported to be really strong and boosted by a global economy that is growing at the fastest pace since 2008, and the potential impacts of the Iran sanctions in view, as well as OPEC and non-OPEC members reportedly recording good success with their measures, analysts believe that the price rally could be sustained further. Also, there is a potential of the US sanctioning Venezuela’s oil over its opposition to a vote they believe was fixed for Nicolás Maduro. Analysts who exchanged notes with Bloomberg, and which THISDAY obtained, stated that there was so much supply that crude prices crashed in 2015 and 2016, arguing however that such was no longer the case and that the market is extra-sensitive to geopolitical dangers and other shocks. They even stated that other reasons why prices would continue on its northwards trend included the resurgent US dollar and a surge in production from Texas shale fields. “Without a doubt, there are a variety of forces that could upset the balance and move us into a more volatile period,” said Ben Cook, a portfolio manager at BP Capital Fund Advisors, to Bloomberg. Similarly, Bloomberg reported that Damien Courvalin, who heads energy research at Goldman Sachs, wrote to clients last week, saying: “Oil price volatility will continue to increase.” Nigeria, uniquely primed to benefit Going by Nigeria’s 2018 budget benchmark of $47 per barrel and 2.3 million barrels per day production, the growing changes appear to be heading in the direction it would consider a lot comfortable. The country’s national parliament had approved a $47 per barrel price band, and daily production of 2.3mbd, but prices have gone more
than $70 and production figures obtained by THISDAY from the April Monthly Oil Market Report (MOMR) of the OPEC, indicated that the country’s production levels were looking healthy. Based on secondary sources OPEC’s April MOMR indicated that in January, February, March, Nigeria’s production were 1.785mbd; 1.792mbd and 1.810mbd. Though including condensates, the figures indicated a steady increase in production. Also based on direct communication, the MOMR stated that it was 1,641mbd; 1,635mbd; and 1,686mbd for Nigeria in January, February, and March, still indicating some stability in the country’s production. In-country experts told THISDAY that the development provided the country a sort of financial comfort to fund its 2018 budget, in addition to saving more money in its Excess Crude Account framework. Though preferring that his name should not be mentioned in the paper, one of the experts explained to THISDAY that higher oil prices provide the country an opportunity to rebuild its financial buffers against a possible slump again in prices. “Increasing prices and stable production are good for the economy because oil earnings will help to provide liquidity in the FX market and increase revenues at all levels of government, allowing them to deliver on their budgets. “Crucially, higher prices also provide an opportunity to save oil earnings above the budget benchmark in the Excess Crude Account and Sovereign Wealth Fund. This will allow the build-up of an important buffer we can fall back on when prices eventually go down,” said the expert. He however warned that the 2019 general elections were potential risks to the excess savings the country would get from the development, adding that the other tiers of government, especially the state governments may push for expenditures or disbursements from the savings to indirectly fund their political campaigns. According to him: “Given the elections are less than a year away, FAAC may be tempted to spend all the additional revenues they get from the higher oil price, but they must find the discipline to save. If they don’t, then they could eventually be accused of refusing to save in a time of plenty, which is exactly the same thing this Buhari administration accused the Jonathan administration of doing.”
T H I S D AY • TUESDAY, MAY 22, 2018
24
BUSINESSWORLD
ENERGY
Crude Oil Contracts as Boost for Nigerian Content Ejiofor Alike reports that the increasing number of Nigerian companies participating in NNPC’s crude oil lifting contracts, will boost efforts to domicile a large chunk of oil and gas spending in the country A major challenge facing the Nigerian economy is that a significant chunk of the over $20 billion yearly spend in Nigeria’s oil and gas industry is repatriated abroad, thus adding little value to the country’s economy. This capital flight stemmed from the involvement of more foreign professionals and companies in the Nigeria’s oil and gas business. The Nigerian independent companies have not acquired the requisite technical and financial capacity to play a dominant role in the exploration and production (E&P) business, as only less than 20 per cent of the country’s daily production of over 2.1 million barrels of crude oil is produced by the Nigerian companies. With few Nigerian facilities and manpower participating in the country’s oil and gas business, the oil sector’s contribution to the country’s Gross Domestic Product (GDP) has remained low at about 10 per cent, despite the fact that oil accounts for 92 per cent of Nigeria’s export earnings and over 60 per cent of government’s revenues. However, in the oil service sector, Nigerian companies have demonstrated increasing capacity, supported by the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. The Act seeks to promote the participation of more Nigerians and Nigerian indigenous facilities in the country’s oil and gas business so that a greater percentage of the yearly spend is retained in the country for the benefit of the economy. NNPC’s yearly term contracts The NNPC has, over the years, used its yearly crude oil lifting contracts to promote the participation of more Nigerian companies in the oil and gas sector. In the 2013 exercise for instance, the NNPC awarded the lifting contracts worth about $40 billion to 28 Nigerian and foreign companies, as against about 50 in 2012 term contracts. In the 2013 tender, the NNPC not only broke with tradition and awarded no contracts directly to foreign traders such as Glencore, Trafigura and Vitol, the corporation also set out favourable guidelines to boost the participation of more Nigerian companies. NNPC also awarded over 60 percent of the 2014/ 2015 annual term contracts for the lifting of Nigeria’s crude oil to 21 Nigerian companies. The corporation also expanded the 2014/2015 contracts to about $52 billion worth of crude oil, up from $40 billion in 2013/2014, while 38 companies were awarded contracts to lift crude oil from June 1, 2014 to May 31, 2015. A total of 21 indigenous companies; eight international oil traders; two foreign refineries; two subsidiaries of the NNPC and three countries, represented by their state-owned National Oil Companies (NOCs), were involved in the 2014/2015 contracts. According to the list, 21 indigenous companies were awarded contracts to lift a total of 630,000 barrels per day of crude oil during the one-year period, representing 57 per cent of the 1,179,000 barrels per day awarded to the 38 beneficiaries. The list also showed that eight international oil traders got an allocation of 240,000 barrels per day, representing 20.5per cent of the whole allocations, while two foreign refineries got 60,000 barrels per day, or 5.1per cent of the allocations. Two subsidiaries of the NNPC were awarded contracts to lift 90,000 barrels per day, which translated to 7.7per cent, while three countries, represented by their NOCs also got 90,000barrels per day. A breakdown of the allocations showed that each of the 21 indigenous traders, mostly downstream companies, got an allocation of 30,000 barrels per day. Also included in the list were eight international oil traders, which got an allocation of 30,000 barrels per day of crude oil each. Two foreign refineries – Fujairah Refinery Limited and PTT Public Company Limited
NNPC Towers, Abuja received an allocation of 30,000 bpd each; while two subsidiaries of the NNPC – Duke Oil and Calson were awarded 30,000 bpd each. The NNPC also entered into bilateral commitments with the Republic of Malawi; SINOPEC of China and Indian Oil Corporation Limited, with each of these entities receiving 30,000bpd. In summary, over 60 percent of the 2014 to 2015 annual term contracts for the lifting of Nigeria’s crude oil were awarded to local firms. In the 2016 crude oil lifting contracts, which were the first of such contracts to be awarded
by the administration of President Muhammadu Buhari in December 2015, a total of 21 companies got the contracts. This administration had four months earlier revoked the term contracts awarded by the previous administration. Under the new contracts, indigenous Nigerian firms were awarded contracts to lift 41 per cent of total crude allocation, while major trading firms got 47 per cent of the crude oil allocation. NNPC trading affiliates were awarded 12 per cent of the total allocation, bringing the total allocation to Nigerian companies to 53 per cent. For the 2017/2018 term contracts, 39 winners comprising 18 Nigerian companies, 11 international traders, five foreign refineries, three National Oil Companies (NOCs), and two NNPC trading arms were successful. All the contracts were for 32,000 barrels per day except for Duke Oil Limited, the oil trading arm of NNPC, which shall be for 90,000 barrels per day.
With few Nigerian facilities and manpower participating in the country’s oil and gas business, the oil sector’s contribution to the country’s Gross Domestic Product (GDP) has remained low at about 10 per cent, despite the fact that oil accounts for 92 per cent of Nigeria’s export earnings and over 60 per cent of government’s revenues
Latest 2018/2020 crude oil contracts The NNPC recently released the 2018/2020 crude export contracts to 50 local and international oil traders, including Vitol, Trafigura and Glencore. As part of the corporation’s sustained efforts to boost local participation in the contracts, the NNPC selected 32 Nigerian companies, unlike in the 2017/2018 contracts where 18 Nigerian companies made the list. One of the key features of the 2018/2020 deals is that the contracts would run for two years, unlike the previous contracts, including the 2017/2018 contracts, which were for one year. Also unlike the 2017/2018 contracts where all the contracts were for 32,000 barrels per day except for Duke Oil Limited, the oil trading arm of NNPC, which lifted 90,000 barrels per day, the crude allocations for the 2018/2020 contracts are for 30,000 barrels per day. Each of the 50 companies will lift 950,000 barrels of crude oil in the two-year contracts, which would run from July 2018 to June 2020. Apart from the three world’s largest oil traders – Vitol of Britain, Trafigura of Switzerland and Glencore also of Switzerland, 15 other international traders were also on the list of beneficiaries.
The international trading firms and refiners are Switzerland- based Augusta; Lebanon-based BB Energy; CEPSA of Spain; Indian refiner, HPCL; Litasco, a trading arm of Russia’s Lukoil; Mocoh of Switzerland; Petraco of Switzerland; Petrobras of Brazil; Sacoil of South Africa; and SEER, which is South Africa’s SacOil Energy Equity Resources Ltd. Others are Socar, a trading arm of Azerbaijan’s Socar; Total of France; Calson, which is a joint venture between Vitol and NNPC; ZR Energy and Sonara, a Cameroon refining company. Under the 2018/2020 deals, the corporation also awarded crude oil supply contracts to 12 governments, but it was not clear how many of the contracts would be executed by the 50 companies. The governments include: China, India, South Africa, Turkey, Ivory Coast, Ghana, Liberia, Niger, Sierra Leone, Senegal,Togo and Malawi But of greater significant was the involvement of more Nigerian companies in the 2018/2020 contracts. The 32 Nigerian companies involved are Aipec; AMG; Arkleen; Barbedos; Bono Energy; Casiva; Cretus; Eterna; Gladius Commodities; Hinstock; Leighton Levene; Masters Energy; Matrix; MRS; North West; Oando; Sahara Group; and Ocean Bed, which is Sahara trading subsidiary. Also included in the list of the 32 Nigerian companies is Emadeb, a fast-growing Nigerian oil trader, which has one of the biggest aviation terminal and depot in Lagos and is expanding the retail arm of its trading business. Another Nigerian company, AA Rano, with over 120 filling stations across the country and one of the largest depots in Lagos, is also among the companies selected. The others are Propetrol; Prudent; Setana; Setraco; Shoreline; Ultimate Gas; Voyage; West African gas; Zitts and Lords; Obat Oil & Gas, and Duke Oil, an NNPC subsidiary. The increasing involvement of more Nigerian companies in the NNPC’s crude oil lifting contracts will boost employment, curb capital flight and enhance the contributions of the oil and gas industry to the country’s Gross Domestic Product (GDP).
25
T H I S D AY • TUESDAY, MAY 22, 2018
BUSINESSWORLD
INDUSTRY
Mirchandani: Local Sourcing for Agro-allied Products is Our Priority The Managing Director, Sona Group, Mr. Arjan Mirchandani, spoke to Ugo Aliogo on the efforts of his company to source raw materials locally Twenty four years down the line, what has been the achievements of Sona Groups in terms of Corporate Social Responsibility (CSR), sales and revenue? Looking at the Nigeria market it is very good. The perception with the market has changed totally. In 1994, 1995 and 2000, everything was imported and they were no local industries here. Now you can see that imported is not better than locally made. What we achieved over the years is value, and we have also grown. Our aim is to stay local and patronise locally made goods. We are growing at the rate of 100 percent yearly because we are continuously improving adaptation of machinery yearly in the production process. We are expanding even in the time of recession; we did not stop our expansion. Our capacity and turnover is growing every year. The new things we are doing to stay afloat in the market is innovation. If you are not innovative you cannot stay long in the market. We are the only one introducing plastics recyclable machine. Our team always tries to find out what is new by visiting trade fair technology events in Germany to find out the latest machine, then bring them to Nigeria.
What is the key focus of Sona Group? We are world Class Company and we produce so many consumable goods. But we concentrate on raw materials sourced locally in order to allow us produce for the local market and then export. Importation is not a challenge for us, but it is price fluctuation of foreign exchange. We also produce for export. We have been exporting and there is a great potential demand. Presently, we came out with a new item which is the chocolate. As you are aware, cocoa has been exported for sometimes in Nigeria. I believe that potentially, you have to survive within your own product rather importation, it is a matter of time and government policy. This present government policy on importation has really been helpful, though there have been issues and challenges, but it can be addressed. You need to be courageous and God will definitively help you grow towards self-sufficiency. What have you been doing differently to stay afloat in the light of the economic reality and challenges? It is very simple; we have to look for new items and innovations. Following is easy, but it is also deceitful. You have to catch up with your own initiative and determine. We as an industry are based on local raw materials because it is the better solution to stay afloat. We do local biscuits and chocolate, and we are also looking for other items such as drinks. We can manufacture drinks. People have taste for importation. The standardisation of products is regulated by National Agency for Food Drug Administration and Control (NAFDAC) and Standard Organisation of Nigeria (SON). Our product packaging here is 100 percent locally manufactured. We have everything locally sourced. In 2010, Sona Group sold six breweries due to stiff competition. What are you doing in this regards to stay strong? I think the reason was not competition. We started the brewery in 1994 and went on to 2010, but failed. We have friends in Heineken. Though we had good locations, but people didn’t want to pay for transportation as it was too expensive. If you produce in areas such as Benue, and Akwa Ibom, people in such regions feel it is their own brewery and this gives them some sense of pride. We produce 100 percent from local Sorghum. If you are good in your quality and standard, there is no reason to think that importation is special. It is no special at all. It is because over time, the perception has been imported goods are more valuable than locally made goods. Agencies are trying in regulating this which is good. Today, they are new companies producing drink and they are focusing on local raw materials which are sorghum. This sale of this raw material puts money in the hands of farmers and creates jobs for the unemployed along the product value chain. Therefore, there is the need to look at how the local sourcing of raw materials can benefit us as a country, rather than import. For instance, the chocolate we are making is 100 percent local. The product has export potential, it is 100 locally sourced cocoa. We also make use of sorghum, and we buy 40,000 tonnes. So consider how many farmer you will be helping through this efforts. We have four trucks for recycling waste. There is a lot of revenue in this and we can create raw materials from it. There is no reason why we need to import raw materials. I think innovation is the key for our growth as a country. What is your assessment of the consumable goods market in Nigeria? The Nigeria market is a great market and people look at the market from the angles of capital, and size. The country’s population is huge and the neighbouring countries of West
Mirchandani Africa rely on Nigeria. What manufacturing can do here is to create a large-scale industry which would be cheaper. Small countries cannot have these types of industries and still remain sustainable. The chocolate we are producing here is half the price of imported chocolate
The Nigeria market is a great market and people look at the market from the angles of capital, and size. The country’s population is huge and the neighbouring countries of West Africa rely on Nigeria. What manufacturing can do here is to create a large-scale industry which would be cheaper
and it is approved by SON and NAFDAC. As a company you have to remain committed to your core values. Our company is located in Ota, Ogun State. This is where we have our own infrastructure and we produce our own electricity (natural gas). We get our local gas from Shell Nigeria to power our plants in order to continue production. We have individuals who are working with us that need to be paid and sustained. Therefore, we ensure that they are actively engaged. How have you been able to tap into the Lagos market since the market is being viewed by many to be the leading economic hub in West Africa? It is not through that the Lagos market is the leading economic hub. We have the ECOWAS market which is 450 million people. The population of the ECOWAS market is huge. It is bigger than America and Europe. The capital maybe low, but you produce goods that meet the demand of the ordinary man. To achieve their production needs and scale, you need to focus on local raw materials. In terms of your profit margin, how are you able to break even, taking into account stiff competition from other producers who are specialised in producing consumable like yourself? When you have economy of scale, the cost you incur will allow you to compete with anybody. The other factor to be beat competition is that you must have quality. If you don’t have quality and presentation, it is very difficult to sell. Therefore, you need to consider a number of things to make the package and bring it across. In the packaging you have to be careful because there is imitation in the market. Packaging plays active role in the production of a product, therefore as a producer you have to consider that. In the production of our biscuits, we use local cashew nuts.
What should the market be expecting from you this year? This year we are introducing chocolate we recently produced. We have gotten complete turnaround machine from Turkey. We are not importing any raw materials, it will be locally sourced. We are producing in Nigeria. We are bringing new machine for the production of new varieties of biscuits. We are also importing new technology to meet the printing. We are the only one importing these machines in Nigeria. Doing this is capital intensive and we are not giving back any dividends, they are just bringing back to the system. We are not selling any assets. In 2011, we diversified from the brewery and we started expanding to other industries. Where do we expect to see Sona Groups in five years? In my own Sona Group in the next five years will be a great company. Our growth is very good and robust. Compared with other companies, we are growing very faster, first we are in the consumable goods market which is growing at an alarming rate. So what happens is the pressure which helps you to earn more and more value. We want to provide the consumable goods at a low price for the ordinary man in the street. In terms of focus on the consumable goods market, the world is focusing on few markets India, Brazil and Nigeria, not even China, and the developed countries. Nigeria came out of recession in six months and IMF projected that Nigeria will get to 2.6, 2.7 and 2.8 in growth; even South Africa will not achieve that. Consumption is increasing in Nigeria and the perception is changing. People are more drawn to made in Nigeria goods than imported goods. If consumption is higher, definitively Gross Domestic Product (GDP) will grow. We will guarantee our product. There is assurance in the market and to the public that we will stand by our quality. What is your advice to entrepreneurs in the Nigeria economy on how to grow businesses? Our company is based in Nigeria. I feel personally happy to have located the company here in Nigeria. Raw materials for production are readily available and we can manufacture locally. The future of Africa is based on self-sufficiency, which allows the production companies to stand on their own. I am a great believer that Nigeria is a great place and there is no reason why the economy cannot survive. The citizens are very intelligent, industrious, enterprising and courageous.
26
T H I S D AY • TUESDAY, MAY 22, 2018
BUSINESSWORLD
SMALL BUSINESS SOLUTIONS
Investing in Yam Production and Packaging Plant for Export The Central Bank of Nigeria (C.B.N) is presently disbursing the sum of N26billion intervention fund for agricultural small and medium enterprises (SMEs). The scheme called the Agriculture and Small & Medium Enterprises Investment Scheme (AGMSMEIS) was pooled together by banks and is set to provide funding for small and medium scale businesses in Nigeria. Prospective investors into Agriculture, such as cassava can benefit from the scheme. There is no doubt that Nigeria produces yam in abundant. In every state of the country, yam is available. It is estimated that over 30% of the harvested yam tubers are lost as waste due to non- availability of processing and preservation mechanism. Even the traditional processing method is out modelled and laborious but also grossly inefficient for mass production to satisfy the teeming population and local demand and also make room for the export market to earn scarce foreign exchange that is badly needed at this time of the country. A cherished delicacy when served with wellprepared soup. Its processing shelf life, adds value to the tubers, before being exported to enhance their economic value, reduces wastes and cuts down the cost of transporting the product to longer distances compared with the heavy wet tubers that are unprocessed. The fact that this can be preserved helps to stabilise prices during the off- harvest season. Technical Considerations The plant aimed at here will take drudgery off the processor, increase the output as well as give good quality finished product for export. Its rated capacity is 300 metric tonnes (MT) of finished yam flour per year (8) hours per day and 250 days in one year) after allowing about 2.5% waste. This means that about 1, 500 MT of raw tubers will be needed per annum. The machinery and equipment needed to process yam flour are: (a) Yam peeler (d) Milling machine (b) Boiler (e) Scale (c) Drying machine (f) Bag sealing machine (g) Packing machine All the above machines and process technology are source able locally. The spare parts are abundant and readily available while the cost is affordable and maintenance
facilities (light, water, access road etc) (c) Ease or otherwise of the accessibility of the plant site to urban area/market both for local consumption and export etc. To accommodate the plant, one needs a large building with a land area of about 1, 500m2.
Minister of Agriculture and Rural Development, Mr. Audu Ogbeh cheap. For details contact the writer. Production Process Briefly, the processes involved in yam flour production are (1) Procurement of good quality tubers, weighing and washing of them (2) Peeling the washed tubers. This is preferably done manually because the peeling machine is difficult to fabricate locally. (3) Grinding of the peeled tubes into pulp (4) Drying of the ground yam pulp (5) Milling the dried pulp (6) Sieving to avoid having lumps when being prepared for eating (7) Bagging and packaging in cellophane (2kg, 5kg, 10kg, 25kg and 50kg) Raw Materials The raw materials needed are wet yam tubers. These are obtainable from farms cultivated by plantation, small holder and co-operative farmers. If there is a country that should take this project very seriously it is Nigeria. It is the world’s largest producer of yams (over six million metric tonnes) accounting for over 50% of its output. Of this output, only about 5% (300, 000 MT) is put into industrial use by way of chips and flour. The states in Nigeria most noted for yam tuber production are Abia, Anambra, Benue,
Delta, Edo, Enugu, Ebonyi, Imo, Niger, Sokoto, Osun, Oyo, Plateau, Federal Capital Territory etc. The Market The market is both local and international. The later market should be targeted where there is preponderance of inhabitants of African descent. The factors that positively affect the demand for this product include the prevalence of foreign exchange crunch (which has left many with little personal disposable income to import food items), the increase in population of the country, the fact that its consumption cuts across demographic classes, income levels and religions boundaries etc. The products can be sold to other parts of the world including Britain, America and other ECOWAS Countries, for details contact the writer. Location The best place to, locate this project is the area where yam tubers are obtained in abundance. The tubers are perishable commodity. Besides, they are heavy and so transport and expense is an important cost inputs that should seriously be considered and reduced to increase profit for the promoter. Other factors to be considered include: (a) availability of labor and raw materials in commercial quantity (b) Availability and serviceability of infrastructural
Labour Requirement About 15 persons will be needed to cover all the aspects of the project purchasing, administration, production, security, marketing etc. A comprehensive bankable and up-to date business plan is needed to back up the loan application. Any prospective promoter is advised to approach an experienced industrial projects development consultant for assistance. The actual cost at the time of implementation will be determined by the scale of operation sought and after the business plan has been prepared. Financial Implications Investment depends on how much that the prospective investor has earmarked for this project. The modern water project demands large sum of money to procure all the required hi-tech machines. From estimation, the project can be set up with the sum of N50.58million as shown below. For details on preparation of comprehensive & bankable feasibility studies/ report, sourcing & installation of quality & durable machines; Recruitment & Training, Sourcing of Investment funds please contact the writer. Conclusion The implementation of this will have the following advantages among others (a) Creation of job opportunities (b) Opening up of the rural areas (c) Poverty alleviation among the yam growers and processors (d) Enhancement of economic and social wellbeing of the promoters (f) The processing of otherwise wasting agricultural produce into animal feeds (g) Export opportunities etc. Aggressive and serious promoters are encouraged to give this project a shot. For details please contact the writer, Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel: 08023664368, 08034494437 Email: ubagowin@yahoo.com
NSIA: PFI Initiative Eliminated Fraud in Fertilizer Cadbury Nigeria, HKI Train Stakeholders in Healthy Subsidy System Lifestyle Project Chief Executive Officer of the Nigerian Sovereign Investment Authority (NSIA), Mr. Uche Orji, has said that the careful and committed implementation of the Presidential Fertilizer Initiative (PFI) by the Federal Government of Nigeria, in partnership with the Fertilizer Producers and Suppliers Association of Nigeria (FEPSAN) has totally eliminated the conduits in fertilizer subsidy programmes through which previous governments was defrauded of billions of naira annually. Orji, also noted that the Fertilizer Initiative has also significantly improved the quality of fertilizer available for Nigerian farmers, a development, he said, has also helped improve yield, thereby increasing the income of agro businesses. In a statement made available to THISDAY, Orji said that He said the PFI programme has been the biggest single investment of the Sovereign Wealth Fund adding that if
sustained, the country was on a sure path towards food security. “This is single biggest investment the NSIA has ever made, but I am glad to report that it has been successful. In one singular action, the fraud in the fertilizer distribution programme of the government has been eliminated from the system because, eliminating subsidy along the line. “There is no subsidy in the current programme. In the past, the subsidy was a conduit where someone would sweep all the money and pretend to have imported fertilizer, when there was really nothing but this PFI programme has changed it all,” he stated. He revealed that through the PFI scheme, fertilizer has become available and affordable, saying that with increased capacity utilisation and opening of new blending plants in different parts of the country, the federal government was sure to achieve its target of
food security, thereby saving billions of naira that would have gone into importation and its associated leakages. “Fertilizer was available at less than 50% of the price a year before. It was N1,1000 a bag and we were selling to the end market N5,000. So, we have already cut the price for almost 50%. Secondly, we have sold the highest quantity of fertilizer ever distributed through a government programme. The year before was less than two hundred thousand tonnes sold but we did five hundred thousand metric tonnes for 2017. There is abundance and it is cheap,” the NSIA CEO said. He observed that with the programme, price of staples like rice and maize had dropped while hitherto moribund blending plants are working at full capacity, a development he said, has also helped create employment opportunities along various layers of the value chain.
Cadbury Nigeria Plc has said that it has commenced training of stakeholders that will drive its ongoing community partnership project, which seeks to promote healthy lifestyle among Nigerian children and adults, in collaboration with Helen Keller International (HKI). In a statement, the Director, Corporate and Government Affairs, Cadbury West Africa, Bala Yesufu said Helen Keller International, has so far trained 130 participants that cut across nutritionists, agriculturists and teachers in Lagos State, on the mechanics of the programme. He said: “The training is in phases and we will eventually teach nearly 6,000 children and families in nine schools in Lagos, the importance of proper nutrition, physical activity and gardening through in-school and after-school activities. We are embarking on this project in Nigeria to inculcate healthy habits in
children from an early age. We are happy to partner with HKI in this initiative that will help improve the well-being of Nigerians.” At the launch of the programme in Lagos on 11th April, 2018, Yesufu described the event as a milestone for Cadbury Nigeria because it is the first-ever Mondelez International Foundation-funded effort in the country, while noting that it would further complement the Company’s existing corporate social responsibility (CSR) initiatives. Cadbury Nigeria joined nine other countries in the Mondelez International family in the initiative that involves a $50million multi-year commitment to promote healthy lifestyles and address obesity. Speaking in the same vein, the State Lead, Healthy Lifestyle Project, Helen Keller International, Olukemi Adeyanju said: “When it comes to preventing malnutrition, we are not afraid to get our
hands dirty. We are doing this in Lagos State through the Healthy Lifestyle Project in public primary schools to provide nutrition education, physical exercise through active play, and cultivate gardens for a quality diverse diet.” One of the participants in the programme, the School Manager, Agidingbi Primary School, Mrs. Olufunke Anjorin, added: “The training is an eyeopener; we are now equipped with appropriate information and skill to grow food in small space, and agronomic practices for better farm yield.” Similarly, another participant, the Agriculture Desk Officer, Ojodu Local Council Development Area, Mr. Olowokere Emmanuel, said: “this is an educative programme that has been able to establish synergy between nutrition and agriculture. It would build the interest of children in agriculture; and also contribute to food security in Nigeria.”
T H I S D AY ˾ TUESDAY MAY 22, 2018
27
28
T H I S D AY • TUESDAY, MAY 22, 2018
PROPERTY & ENVIRONMENT FG Seeks Alternative Funding for Rehabilitation of LagosOta-Abeokuta Road Ikorodu-Sagamu to boost economy
The federal government said, yesterday, that the rehabilitation of the Ikorodu-Sagamu Road that links Lagos to Ogun state would boost agriculture and the nation’s economy. Also during the week, the government said it is seeking alternative funding for the rehabilitation of the Lagos-Ota-Abeokuta road, having realised that budgetary provisions would lead to the repair work being abandoned again. The Director, Federal Highways, South West, Busari Olalekan, an Engineer, who represented the Minister of Power, Works and Housing, Mr. Babatunde Fashola at the resumption of rehabilitation of the road, recently, assured Julius Berger, the contractor that payment would not stop. Bennett Oghifo reports
T
he Minister of Power, Works and Housing, Mr Babatunde Fashola, while inaugurating the rehabilitation of the Lagos-Sagamu Road, yesterday, said the road was vital to the economic development of the country. Fashola said the road would improve industrailisation and agricultural development which were the priorities of the Buhari administration, and that it was an avenue to create jobs. He said, “The present government is very strong on agric and very strong on industrialisation and, indeed, on energy. “President Muhammadu Buhari has said I should tell you that not only are you getting Ikorodu-Sagamu Road, work has also started on Lagos-Ota Road to Abeokuta. And work would continue on Lagos-Ibadan expressway. And if we get approval in the 2018 budget, hopefully, we would be able to start work on the last part of the
Lagos-Badagry Expressway.” Also, the federal government, last week began the rehabilitation of the LagosOta-Abeokuta Road, which contract was awarded on May 18, this year. The contract for the total rehabilitation of the Lagos-Ota-Abeokuta Road was awarded to Julius Berger at a cost of N22.387 billion and they are expected to complete the job in two and half years (sometime in 2020). The usual practice is for the government to advance 15 per cent of the contract sum to the contractor, but in this case it has not done so because the paper work is being processed. The Director, Federal Highways, South West, Busari Olanekan, who represented the minister, led to the inauguration of works on the Lagos-OtaAbeokuta Road, a team of senior ministry officials, including Engineers directly responsible for Lagos and Ogun states- the Federal Controller of Works, Lagos, Adedamola Kuti and
L-R: Divisional Manager, West Operations, Julius Berger Plc., Mr. Wolfgang Loesser; Federal Controller of Works, Lagos, Adedamola Kuti and the Federal Controller, Works, Ogun, Olukayode Popoola at the inauguration of the rehabilitation of Lagos-Ota-Abeokuta Road…recently
the Federal Controller, Works, Ogun, Olukayode Popoola. Also present were top officials of Julius Berger Plc., led by the Divisional Manager, West Operations, Mr. Wolfgang Loesser. “This administration has taken another step to seek alternative funding and if you recall, 25 federal roads are being
executed through Suku-funded programme. Government is working on a daily basis to ensure that road infrastructure is funded not only through budget provision but through other sources. I can assure you that it is what will be used in all these critical roads.” The total rehabilitation,
according to Busari, would begin at Ile Zik/kilometer 0 to kilometer 80 in Ogun at Brewery. The work is in two sections, 20 kilometres from Ile Zik to Ota and another 60 kilometres from there to Brewery in Abeokuta. “The federal government is ready to properly fund this road project proactively.” This very important LagosOta-Abeokuta Road had suffered a lot of setbacks, said Busari, but that the President Muhammadu Buhari administration resolved to fix it as part of its promise to provide infrastructure. He said the rehabilitation of the Lagos-Ota-Abeokuta road began in early 1999 and that the first contract was awarded in 2000. The first section, awarded in 2009 to Julius Berger was for the rehabilitation of the Ota-Abeokuta stretch at N11.6 billion. “However, due to lack of funding, the project dragged until 2010 and was completed at a contract sum of N14.6 billion. “Addendum two was
awarded in 2006, consisting of the rehabilitation/construction of the flyover at Ota and the construction of the roundabout, as well as the strengthening of the Lagos-Ota Road at a sum of N9.2 billion. The contract was eventually completed in 2010. In 2011, section three was awarded at a contract sum of N10.6 billion and the scope of work was to complete the work of section two of phase two, which is the construction of the flyover, as well as the construction of the barrier and the strengthening of Lagos Road.” He said due to delay in the execution of the project from lack of funding, the job stopped in 2012. The Julius Berger, Divisional Manager, West Operations, Mr. Wolfgang Loesser said his company had been on the road for a very long time, “we hope that this time we will finish this project in record time for the good of the people who are living in this axis.”
Propertypro Releases 2018 First Quarter Real Estate Report Bennett Oghifo Nigeria’s online real estate sector PropertyPro.ng (formerly ToLet.com.ng) has released a report of the Nigerian real estate sector for the first quarter of the year 2018. The report focused on the trends of the Nigerian real estate market in the year 2017 and the first quarter of 2018. The study analysed how impactful the economic recession was in the real estate market. It also looked at trends and going prices for properties within the residential and commercial umbrellas of the real estate market. According to the CEO,
Fikayo Ogundipe, “A lot is happening in the real estate sector, especially in Nigeria, and we feel it is something worth talking about. With this report, everyone interested in the real estate sector in Nigeria will be able to understand the current trends of the Nigerian real estate sector.” The report has been influenced by the rate at which properties are searched for online by Nigerians and this explains the interest of house hunters in 2017 and the first quarter of the year 2018. “We monitored the most searched types of properties by Nigerians along with the price range that
L–R: Chief Technology Officer CTO, Seyi Ayeni; Chief Business Officer CBO, Sulaiman Balogun; Chief Executive Officer CEO, Fikayo Ogundipe; and Chief Operating Officer COO, Oladapo Eludire, at the name change event from ToLet.com.ng to PropertyPro.ng… recently
fell with the interest of online real estate end users,” said Ayeni, the Chief Technical
Officer. As noted by the Chief Operating Officer and co-founder,
Oladapo Eludire, “Real estate investment always require lots of funding and when dealing in
such high-risk investment, gutfeeling isn’t enough in making the best decisions. Such decision needs to be backed up by data. PropertyPro.ng being the most used online real estate platform with the largest listing database across the country has given us insight into the Nigerian real estate market on a micro and macro level.” Sulaiman Balogun, Chief Business Officer and co-founder, stated that the statistical verbal of the report makes it evident that the real estate sector is experiencing a significant growth to retain its position as the 5th biggest contributor to the GDP of Africa’s largest economy.
World FM Day: Stakeholders Advocate Holistic Curriculum Upgrade Fadekemi Ajakaiye The International Facility Management Association (IFMA) Nigeria Chapter has urged government to incorporate Facility Management (FM) in to school curriculum for development purposes. The association, which stated this at the commemoration of the World Facility Management Day 2018, recently, said it would help improve the maintenance
culture that would shape the future of Nigeria’s economy and the passion for proper upkeep of the built environment. The 2018 World Facility Management Day with the theme, ‘Enabling Positive Experiences: Inspiring the Technical Students for a Better Tomorrow’ held at the Government Technical College, Agidingbi, highlighted the importance of FM to the built environment and the economy at large.
President, IFMA Nigeria Chapter, Pius Iwundu said, “The often unexpected and disruptive influences in our global environment must be managed effectively to ensure stability and success in the sectors that rely on the results of the facility managers and their teams. This ensures that facilities meet high expectations to enhance life in the built environment, whether it is at work, rest or play.”
According to Iwundu, the public and private sectors should enable more positive experiences in the built environment or whatever people are directly impacted by FM deliverables. “We need to have passion for FM, and there is need to train and engage FM professionals to manage our built environment,” he said. Iwundu opined that FM is a multi-disciplinary profession that ensures the functionality of
built environment by integrating people, place, process and technology. “FM is the fastest growing industry in the world today and must therefore be embraced by everyone for our built environment to reach its life expectancy and serve its purpose. “In recent years, Nigeria has gradually moved and should continue to move away from state-owned and operated facilities and services in favour of outsourc-
ing solutions, a practice that is now attracting investment and improving the efficiency and quality of facilities and infrastructure in order to finally move away from the challenges of reliance on breakdown rather than preventive maintenance; underpricing and use of substandard construction materials and consumables; and lack of understanding in the concept of project life circle analysis and costing,” said Iwundu.
29
T H I S D AY • TUESDAY, MAY 22, 2018
PROPERTY & ENVIRONMENT
Transparent Contract, Cost Reduction Hallmark of Open Government Partnership Nigeria’s contract system will be transparent, competitive and efficient enough to reduce cost and add quality to service delivery with Open Government Partnership. This is one of the specific areas of focus in the fight against corruption. This was highlighted at the Open Government Partnership (OGP) Week, organised by the office of the Special Adviser to the President on Open Government Partnership in collaboration with the Partnership to Engage, Reform and Learn (PERL). Bennett Oghifo reports
T
here are specific areas that attention is being focused, which are at the fulcrum of the fight against corruption. One of them is open contracting with an active procurement working group, comprising government civil society and private sector that meets frequently on the implementation of open contracting data standards. The Bureau of Public Procurement began pilot implementation of the Nigeria Open Contracting Portal (NOCOPO) with eight pilot MDAs. Also, there is a toll-free number (08002833744), developed by Public and Private Development Centre, for citizen to call, ask questions and report on contract implementation within their communities. Thirty three CSOs and MDAs that participated in user-need workshop for the upgrade of NOCOPO, and there is an ongoing constitution of the National Procurement Council by the Secretary to the Government of the Federation. Seven hundred heads of Ministries, Departments and Agencies of the federal government trained on open contracting and functions of NOCOPO. Another critical aspect, also under Fiscal Transparency, is on open budgeting process that will be accessible to all citizens to ask questions. This will enhance citizens engage-
in the World Bank index as a result of actions taken by Presidential Enabling Business Environment Council (PEBEC) to improve the ease of doing business environment in Nigeria between 2016 and 2017.” On Land Titles Procedure, there is the introduction of e-planning portal to reduce the number of procedures in obtaining land titles in Lagos and Kano. The states have also removed the infrastructure development charge for building warehouses. The amount required to register a business with CAC is now N23,500. There are other components such as; anti-corruption, which includes asset recovery and management; Access to information, with 106 Ministries, Departments and Agencies
having designated FOI Desks Officers; Four MDAs have online FOI platforms. “A memo on punitive administrative measures against public institutions and officials adjudged to be undermining the effectiveness of the Act or breaching its provisions was sent to the Federal Executive Council for consideration.” The fourth component is Citizens Engagement. The five-day Open Government Partnership Week was declared open by President Muhammadu Buhari, represented by Vice President Yemi Osinbajo. The Government of Nigeria, under President Muhammadu Buhari, has been focused on combating corruption and achieving an open and transparent government. At
the London Summit on AntiCorruption, the Government committed to strengthening anti-corruption measures through implementing programmes aimed at: exposing corruption; punishing the corrupt and providing support to the victims of corruption and driving out the culture of corruption. To deepen institutional and policy reforms, Nigeria joined the Open Government Partnership (OGP) in July 2016 as the 70th member country. The Open Government Partnership is an international multi-stakeholder initiative focused on improving transparency, accountability, citizen participation and responsiveness to citizens through technology and innovation. The International Open Government Partnership recently
held the Open Government Week which was devoted to all things ‘’#OpenGov’’ around the world. Nigeria joined the global community in the celebration of the Open Government Week. The week, which was also graced by senior government officials, had in attendance civil society organisations (CSOs), and the media. Addressing the audience on ‘the Impact of Open Government Partnership to Nigeria’s anti-corruption efforts’, Vice President Osinbajo recalled that “Our government came into office on the back of a three-pronged agenda: Ensuring Security, Rebuilding the Economy, and vigorously prosecuting the fight against Corruption. “This last issue, Corruption, has been an existential issue for Nigeria, threatening the very fundament of our existence. It has ensured that, for too long, the resources meant for the majority have been sadly cornered by a greedy minority. “This issue of corruption underlines every aspect of our national life, from our security situation to the state of our economy. It was the reason why, in spite of record oil revenues between 2011 and 2013/14, we saw no savings, and very little investment in infrastructure and jobs, and, in spite of the billions of dollars reportedly invested in security, the Boko Haram insurgency did not abate.
to the hotel area as soon as the owners expressed interest to commence development. Sited few meters from the Abuja Metro Train Station, Bello underscored Fraser Suites’ unique position and expressed optimism that the Abuja Light Rail would be of great service to prospective clients of the hotel, who choose the option of travelling by rail from Nnamdi Azikiwe International Airport. “The hotel is a major addition
to the Abuja skyline. It has heightened estate development around the layout, improved land value and very importantly created jobs. It would also boost tourism as well as tax revenue to the FCT Administration,” Bello said. While welcoming the guests, the CEO, Middle East and Africa, Fraser Suites, Guus Bakker, said the property was conceived with the lifestyle preferences of today’s discerning travellers in
mind to offer intuitive services and to deliver memorable services to its guests. He praised the beauty of Abuja and the dynamism of Nigerians whom he described as hospitable, resilient and a very special breed of people. Also speaking at the occasion, the Chairman, Royal Pacific Group, Dr. Attia Nasreddin, said the mission of the Group was to deliver world class services to its clients.
He said that the Group was dedicated to the growth and development of the African Continent and driven to transform lives of the host communities in the emerging markets for generations to come. With the Abuja outfit, Fraser Suites, which started in Singapore in 1998, now boasts of over 150 properties in about 40 countries, with the Abuja facility being the first of its kind in Africa.
The proximity of the estate to investments at the LFTZ will offer access to an enormous consumer market across West Africa, as it is being developed as a logistics hub for the entire sub-region. The presence of foreign expatriate at Dangote Refinery this year is also anticipated to increase the demand for housing, a situation that would be addressed by Buildcon through the Pracht Smart City. In order to make purchase
easy, the company has come up with three years flexible payment plan for subscribers, this project is position as investment platform for subscribers who are willing to be landlords to these expatriates and managers come 2020. According to Gadzama, two bedroom apartment at Pracht Smart City cost N9.8 million, three bedroom apartment is worth N11 million, while four bedroom terrace duplexes would be sold at N32 million.
ment and participation in the budget. For instance, 171 civil society and media organisations were said to have participated in roundtable discussion on the 2018 budget hosted by the Ministry of Budget and National Planning and Budget Office of the Federation. “The Budget Office published the pre-budget statement (2018-2020 MTEF/FSP), Citizen’s Guide to the 2018 Executive Budget Proposal, 2017 Quarterly and in-year budget reports and the 2018 Executive Budget Proposal in a timely manner.” Also, under Fiscal Transparency in Extractive Transparency, the Department of Petroleum Resources (DPR) published a Procedure Guide for the Determination of the Quantity and Quality of Petroleum and Petroleum Products in Nigeria. The Department also reviewed the procedure guide on custody meters. Other activities are; a drafted bill to repeal and re-enact the Companies and Allied Matters Act (CAMA); Country Report on the Assessment of Nigeria’s Beneficial Ownership Transparency was published by Civil Society Legislative Advocacy Centre (CISLAC). Also published is the 2015 Oil and Gas Audit Report by the Nigeria Extractive Industries Transparency Initiative (NEITI). On Ease of Doing Business, the government reported that “Nigeria moved up 24 points
Panelists during a session of the Open Government Partnership Week in Abuja… recently
Bello Commissions Fraser Suites From Olawale Ajimotokan in Abuja FCT Minister, Mallam Muhammad Musa Bello has commissioned Fraser Suites, a Five-Star Hotel, located in Abuja’s Central Business District. Bello, who represented President Muhammadu Buhari, described the opening of the hotel as a reflection of investors’ confidence in the FCT, which is growing at nine per cent
yearly and is among the fastest growing cities in the world. He lauded the Royal Pacific Group, the Hotel owners, for their demonstrated faith in Abuja.The minister said Nigeria felt indeed gratified to be the first country in Africa to host the prestigious Fraser Suites. According to him, the Administration, in keeping faith with its pledge to prospective investors, extended infrastructure and sewer lines
Buildcon Boosts Development at LFTZ with Pracht Smart City Fadekemi Ajakaiye Buildcon Global Services Limited, developers of Pracht Garden, Pracht Cluster and Pracht Court, is introducing another luxury and fully serviced estate, the Pracht Smart City in Ibeju Lekki, located within the proximity of the Lekki Deep Sea Port at the Lekki Free Trade Zone (LFTZ). The project, which is well positioned in the future business
hub of the state, would reduce housing problem at the LFTZ as there would be influx of foreign and local workers in the next two to five years in the area. This cheering news comes on the heels of the announcement by the Federal Government of its commitment to enhance business activities in the state through the deep sea port, coupled with other investments such as the China Africa Lekki Investment Limited, Dangote Refinery,
Lekki Airport and the New Eko Tourist Resort. Speaking on the development, Mrs. Bukunola Gadzama, Chief Executive Officer, Buildcon Global Services Limited, said that her company is positioning its project to attract expatriates, senior executives and senior managers, hence the birth of Pracht Smart City. The estate is sitting on about 200 plots of land which will accommodate different
styled structures ranging from apartments (flats), detached houses to terrace duplexes. The estate consists of smart home appliances and complimentary amenities expected in a luxury home. Pracht Smart City also boast of unique smart home appliances such as Amazon Echo Dot, Kwikset (smart entry locks), Ring Video Doorbell Elite, Sonos Wireless Speakers, Phillips Hue (Lighting), among others.
T H I S D AY ˞ ˜ MAY 22, 2018
30
BUSINESS/MONEYGUIDE
CIMA, ICAN Collaborate to Improve Accounting Profession Adedayo Akinwale Ă“Ă˜ ĂŒĂ&#x;ÔË The Institute of Chartered Accountant of Nigeria (ICAN) and Chartered Institute of Management Accountant (CIMA) yesterday signed a Memorandum of Understanding (MoU) to improve the accounting profession in Nigeria and the world over. Both institutes have also agreed to build a research Centre in Nigeria to ensure that accountants in Nigeria and around the world are well equipped to deliver quality work and to contribute to the economies of the continent. The President of ICAN, Ismail Zakari, while speaking at the event in Abuja,disclosed that last year, both institutes discussed areas of cooperation which also included collaboration in terms of reciprocity, which would allow CIMA members become ICAN members and ICAN members to become CIMA members. He stressed that the agreement
would also promote public accounting and also help strengthen the Nigerian economy as well as other economies in the continent. Zakari stated: “This MoU between ICAN and CIMA will last for five years, and it is a collaboration between ICAN and the Association, who is also representing the Institute of Management Accountant, UK to collaborate in terms of sharing ideas professionally and the reciprocity with regards to our members who want to become members of CIMA and also CIMA members who want to become member of ICAN. “So, we have in this agreement spell out the terms and arrangement whereby our members will become members of CIMA and CIMA members will become members of ICAN. “We are also looking into having a Centre of Excellence for research in Nigeria, where CIMA and ICAN will work together to do a lot of research in emerging areas where we
will contribute to public finance and accounting and also accounting in the industry which is the CIMA’s area of specialisation. “That research is something that ICAN looks forward to very strongly and we are sure that it will impact on Nigeria’s economy positively,� the president said. Also, CIMA Regional Vice President, Africa, Mr. Badibanga Pormesse described the MoU as a winning formular to the accounting profession. According to him, “the agreement means everything. We care about the profession of accountancy, we care about African economies, we care about Nigeria. So, for us coming together that is the Association of International Certified Professional Accountants to agree on some terms and conditions and to sign of this agreement of ICAN here in Abuja today is a winning formular for the profession.�
Broad Street
MARKET INDICATORS
CBN, Bankers’ Institute to Partner on Cyber Security Peter Uzoho The Central Bank of Nigeria (CBN) will be partnering the Chartered Institute of Bankers of Nigeria (CIBN) in the fight against internet fraud and related crimes in the banking industry. The Deputy Governor, Financial System Stability, CBN, Dr. Okwu Joseph Nnanna, stated this in Lagos in his goodwill message at the investiture of the 20th President/Chairman of Council of the CIBN, Dr. Uche Olowu. He urged the institute not to relent in bridging the knowledge gap among commercial, microfinance and mortgage banks. “This is the time banks and the economy are facing cyber insecurity. The CBN will partner CIBN to ensure that financial transactions are secured,� said Nnanna. He called on Olowu to emulate
and sustain good performance of his predecessors. In his acceptance speech, Olowu promised to instil good corporate governance ethics into the banking system, using the institute’s capacity programmes, and pledged to practice inclusive management system in his administration. He outlined his administration’s five-point agenda to include: Upholding the Rules and Standards of CIBN; Upgrade Skills and Competencies; Boost Research and Advocacy; Investing in Technology and Resources; and Improving Brand Visibility. He called on all stakeholders and development partners to join hands with the institute in its quest to uphold the ethics and professionalism of the banking industry. Also in an interview with journalists, Olowu described his inauguration as a new dawn for the institute.
“I’m elated today that I’m the 20thPresident and Chairman of Council. It is a new dawn because we want to enthrone professionalism. We’re moving to the next level – a level that is cerebral, driven by values. We’re going to try to adjust to emerging trends; we want to remain at the head of the learning curve,’ he said. He said his administration would give serious focus on Enterprise Risk Management, saying currently the industry lacked the skillset to carry out Enterprise Risk Management functions. “So, if you’re not good at risk management it means that the resources at your disposal can be frittered away. So, we’re going to do certification that is relevant to the current certification in risk management. Enterprise Risk Management is going to be a serious focus.
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)
Access Bank Reaffirms Commitment to Women Empowerment Ndubuisi Francis Ă“Ă˜ ĂŒĂ&#x;ÔË Access Bank Plc has reaffirmed its commitment to women empowerment with an assurance that it will continue to initiate programmes and products that are women-friendly in a bid to make them socially and economically strong. The Group Deputy Managing Director of the bank, Mr. Roosevelt Ogbonna, who represented the Group Managing Director, Mr. Herbert Wigwe at a breakfast meeting with women entrepreneurs, in Abuja recently said Access Bank remains unwavering in its commitment to uplift women in business and entrepreneurship. He cited the “Wâ€? Initiative, a one-stop centre of all the bank’s women empowerment offerings, some of which include capacity-building programmes exclusive to women, mentoring programmes, and maternal health services—all aimed at helping to build a bigger, stronger and
more sustainable society . According to him, the “W� Initiative was re-launched in 2014, noting that the World Bank and the African Finance Corporation (AFC) were partnering with the bank on the programme. Under the initiative, participating women and their families have access to a wide range of opportunities, including privileges to access loans and credit facilities, and access to the ‘W’ community in which they can get insights concerning family matters and finance matters. Ogbonna stated that the “W� initiative also hosts the Maternal Health Support Scheme(MHSS), through which Access Bank supports local and international treatments for fertility antenatal and post-natal treatment, and other specialist procedures. According to him, since the bank launched its gender empowerment programme, over 1,000 women had been empowered to run businesses with a turnover of over N1 bil-
lion, adding that the programme remains a huge success story. The bank’s gender-sensitivity towards women, he noted, was also given practical expression from available employment and customer base statistics. Over 30 per cent of the bank’s employees, he said, are women, adding that no fewer than two women are also executive directors in the bank, just as one out of every three customers of the bank are women. He pointed out that these were not mere coincidences, but deliberate actions by the bank to maximise the potential of women and also put them at advantageous positions to contribute to socio-economic development. The GDMD stated that the bank would continue to provide loans to women, noting that from records, women have a 0.07 per cent default rate in the repayment of bank facilities vis-à -vis their male counterparts with a higher propensity to default.
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 ËÞĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE AS AT THURSDAY MAY 17, 2018
The price of OPEC basket of fourteen crudes stood at $76.75 a barrel on Thursday, compared with $75.18 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
31
T H I S D AY Ëž Ëœ ͰͰ˜ Ͱ͎ͯ͜
MARKET NEWS
Trading Resumes in Shares of Ikeja Hotels as NSE Lifts Suspension Goddy Egene The Nigerian Stock Exchange (NSE) yesterday lifted an 18-month suspension placed on shares of Ikeja Hotel Plc since November, 2016. The NSE had suspended trading in the shares of Ikeja Hotel Plc following a dispute among the majority shareholders of the company. The dispute led to the removal of Goodie Ibru, its chairman, in 2015 at an extraordinary general meeting
(EGM) by some shareholders. According to the NSE, the suspension, which was pursuant to the Provisions of Rule 15.45 of its Rulebook, was to safeguard shareholders of the company as the dispute had negatively impacted the company’s governance structure. The Securities and Exchange Commission (SEC) had to appoint a board chaired by Mr. Anthony Idigbe, to work and save the company from going under. The
P R I C E S MAIN BOARD
F O R DEALS
exchange said the suspension was lifted after the company provided a status update to the market at a ‘Facts Behind the Restructuring session in Lagos last Friday. “Consequently, trading in the shares of the company has resumed on the exchange. The SEC has been notified of this development,� it said. Executive Director, Regulation, NSE, Tinuade Awe said the new board had complied with the
S E C U R I T I E S
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
necessary regulatory requirements and restored the company to the path of recovery. “We are satisfied with the work the Ikeja Hotels have done till date this is an appropriate time to lift the suspension on the trading of the shares of the company. The company had its AGM to clear the backlog of certain AGMs. It was this consideration that led the quotation committee of NSE to decide that it is an appropriate time to lift the suspension,�
T R A D E D MAIN BOARD
A S
Awe said. Apart from Idigbe, other members of the board of Ikeja Hotels Plc are: Alex Thomopolus, Waheed Olagunju, Toke Alex Ibru, Fadeke Alamutu, Kunle Aluko, Ufuoma Ibru and Abatcha Bulama. Idigbe sad a forensic audit of the company would be carried out soon and the management will strive to sustain investors’ confidence. He said the management had been able to settle all the conflicts with the old management, while
O F
ensuring that both the management and shareholders operate in the same direction. Meanwhile, trading at the stock market remained bearish as the NSE All-Share Index declined by 0.12 per cent to close at 40,425.07, while market capitalisation ended at N14.64 trillion. The depreciation recorded in the share prices of Access Bank, UBA, FBN Holdings, GT Bank, and Stanbic IBTC Holdings were mainly responsible for the decline.
2 1 / 0 5 / 2 0 1 8 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
A
22.05.2018
WEEKLY PULL-OUT
NWOBIKE, SAN: A FALL FROM GRACE TO GRASS?
Dr. Josep Joseph Nwobike, SAN
2/DASHBOARD
22.05.2018
Elements that Constitute Perverting the Course of Justice PAGE 4
Lagos Chief Judge Decries Backlog of Court Cases PAGE 5
Olisa Agbakoba Legal Defeats Falana & Falana to Win 2018 BOA Tournament PAGE 5
Lagos Chief Judge Inducted as the State’s Scouts President PAGE 5
QUOTABLES ‘We, at the National Assembly, have always been ready to give all our support to the Executive, and we will continue to work along those lines....The Presidential System will operate. Definitely, our primary responsibility is to sometimes check the Executive. So, there will always be times when we disagree, but by and large, we will always work for the interest of Nigerians.’ – Dr Bukola Saraki, APC Senator representing Kwara Central, President of the Senate and Chairman of the 8th National Assembly, Federal Republic of Nigeria ‘There is no sacred cow....It’s not personal. I would not say I have issues to settle with some members of the Senate....Everybody must join the fight against corruption. Our main problem in Nigeria is corruption. It is a disaster.’ – Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission
‘A Successful Lawyer Cannot be Indolent, Impatient or Crooked’ PAGE 6
Let My Mother Lead PAGE 7
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.
Lagos State Judiciary Goes Paperless in June PAGE 12
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
/3
Ebola, Adadevoh, Honours and Remembrance
W
ith the recent outbreak of the deadly Ebola Virus in the Democratic Republic of Congo, where the World Health Organisation as at May 15, 2018 has declared that 19 people have died from the virus, and 39 are suspected to be infected, I remember my dear Doctor and Friend, Ameyo Stella Adadevoh, a great heroine of our time, who made the ultimate sacrifice, in a time in which no one is really prepared to give their life for Nigeria or Nigerians. How We Met Ameyo was my Doctor for practically everything. I had met her many years ago, because her younger brother is my friend, and her younger sister who is also a Medical Doctor, was my senior at Queen’s College. Sometimes, she would be home when we were on vacation, and I would see her when I visited her siblings. Eventually, I became more friendly with her than her siblings, especially since she remained here in Nigeria, while her siblings relocated to USA. When I discovered that she was working at First Consultants Medical Centre, where I was registered as a patient, Ameyo took charge of all aspects of my medical requirements, except of course, gynaecological, which was the preserve of her Principal, Dr Benjy Ohiaeri. Most times, even when I went to see Dr Ohiaeri, I would stop by to see Ameyo and chat with her. When the hospital was remodelled, and her office was moved down the corridor from Dr Ohaeri’s, while I was waiting to see him or waiting for medication from the Pharmacy, I would seize the opportunity to visit with her. Ameyo, the Person Ameyo was facially beautiful. She smiled and laughed a lot. She was like a breath of fresh air. She was dutiful and caring. She had presence, even though she was quite small in stature. Not being particularly tall myself, I would make fun of her, and would joke about who was taller, especially as she never wore high heels in the hospital. She had a penchant for the low-heeled Ferragamo shoes, and you would always hear her walking “ka ko ka ko” through the hospital corridors. She found me to be rather mischievous; she called me ”Naughty Girl”, and when I started to have a slight issue with my blood pressure, I had to see her regularly. Ameyo handled it excellently. She would make me wait until she had finished seeing
the other patients (whether I got there first or not), so we could spend more time together to talk and catch up. We talked about everything – her life, my life, my children, and a lot about her son. Callous Patrick Sawyer: Mission to Kill So, when I received a text, saying that there was a suspected Ebola patient at First Consultants, I immediately contacted Ameyo. She text me back, to say that they were looking into it. That was the last communication, that I ever received from her. After that, my several texts to her went unanswered. The next thing I heard, was that Ameyo had gone into quarantine. I prayed fervently for Ameyo’s safe return. Alas, it was not to be. I called the hospital daily for news of Ameyo. We had been informed, that some First Consultants’ staff had survived the virus, and were to be discharged. I was excited and hopeful. I thought that Ameyo would be among them. When eventually, I received the devastating news that Ameyo had passed on, I started wailing. I had mixed emotions. Yes, she had paid the ultimate price with her life, for treating the Liberian, and stopping him from going to spread the dreaded killer disease in Calabar or wherever he was slated to attend a Conference. I was/ am proud of Ameyo. At the same time, I was upset with her for risking her life, and losing it, along with 6 other members of First Consultants staff. Ameyo: Eminently Qualified for the Highest National Honour Ameyo deserves the highest national honour in the land! She laid down her life, and so did some of her colleagues who lost their lives, to save Nigerians. So, when I hear that people in authority are erecting busts of charlatans, and I do not hear that a giant bust of Dr Ameyo Stella Adadevoh has been erected in a place of honour, it hurts. When I hear comments like –“oh, she cannot be honoured posthumously”, I wonder why. Assuming that it was the rule or law, not to award national honours posthumously, does her sacrifice not entitle her to be an exception to the rule? After all, war heros are given awards posthumously. In the USA, The Medal of Honour, which is the highest award in the land, is generally given posthumously, for a recipient who has “distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty”. Did Ameyo not do that? Did her colleagues who attended to the Ebola patient, without the proper “well-established and practised infection control procedures in place” to
treat such a patient, not do that? National Honours Act When I perused the National Honours Act No.5 of 1964 (NHA) and the Subsidiary Legislation, the Honours Warrant (HW), I did not find any provision that says a person cannot be honoured posthumously. Section 3(2) of the HW provides inter alia that “a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose the insignia of the rank and an instrument under the hand of the President and the public seal of the Federation declaring him to be appointed to the rank”. However, Section 3(3) of the HW allows the President to dispense with the requirements of Section 3(2), and direct the manner in which the recipient should be honoured. This provision, to me, lawfully allows the President to confer on Ameyo, national honours posthumously. Section 7 of the HW, provides for the Deprivation of the rank, only in relation to the holder of the rank conducting himself “in a manner inconsistent with the dignity of the Order”. It does not provide that death deprives a person of the honour. There are many recipients of the various categories of national honours, who have not particularly distinguished themselves in any way. Several of them are facing charges of fraud, corruption, embezzlement and the like, while others were even relieved of their duties under a similar type of dark cloud. So, why can’t Ameyo, who like a soldier, courageously went into the battlefield of Ebola to fight, risking and losing her life, resulting in our nation’s victory, be honoured, whether in life or in death? Can you imagine what would have happened, if Ameyo had succumbed to the pressure of the then irresponsible Liberian Ambassador, amidst threats of setting the law against her and First Consultants for kidnapping, and allowed Sawyer out of the Hospital, to travel to Calabar to further spread the virus like wild fire? I am extremely privileged to have known someone like Ameyo, a shining example to humanity. Even though it won’t bring her back to life, in my opinion, she deserves the highest honour in Nigeria, the Grand Star of the Order of the Federal Republic (GSFR), which has never been awarded to anybody. Her colleagues, also deserve to be appreciated. Ameyo remained true to her Hippocratic Oath. At the mere mention of a patient from Liberia which was being
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“I AM EXTREMELY PRIVILEGED TO HAVE KNOWN SOMEONE LIKE AMEYO, A SHINING EXAMPLE TO HUMANITY. EVEN THOUGH IT WON’T BRING HER BACK TO LIFE, IN MY OPINION, SHE DESERVES THE HIGHEST HONOUR IN NIGERIA, THE GRAND STAR OF THE ORDER OF THE FEDERAL REPUBLIC (GSFR), WHICH HAS NEVER BEEN AWARDED TO ANYBODY” ravaged by Ebola at the time, some people, medical personnel or not, would have taken to their heels, whether or not the patient confirmed that he had been in contact with an Ebola patient. After all, self- preservation, remains the first law of Nature. Ameyo, Continue to rest in peace, in the bosom of the Lord. Amen. Sun re o (Sleep Well).
Dear Editor
Re: The Retiree’s Pains
Dr. Ameyo Adadevoh
The Beautiful Ameyo Adadevoh
Dear Editor, I have known you (from afar) ever since Secondary School in Lagos. Your page today, made me weep. The plight of our Pensioners, is one of the sad realities which we live with, and maybe one which upset me the most. I find myself ever thankful, that my 80 year old Mother who retired from the Federal Ministry of Education as a Director in 1998, does not require her pension to live, even though it does chaff when she has to periodically go for the asinine and inhumane verification process. One of the most pitiable and heart wrenching sights I ever had the ill luck of witnessing years back, was the sight of frail senior citizens.......lined up in the scorching sun at the Railway Compound Ebute Metta, for the purposes of pen-
sion verification. Then my office was at Western House on Broad Street, and on numerous occasions, I had to dogleg through Railway Compound as a short cut on my way to work. Do pardon my rather long winded mail, I actually write to ask if there is any way you may send me the link to your page today? I am unable to find it online, and I need it to back up a tirade I want to launch, against all the vermin who have subjected men and women who toiled for this nation without stealing a dime, to suffering, for not stealing. I have had cause to say in the past, that those who suffer this indignity, are the folks who put in honest labour, without stealing from the collective. I do wish you all the best Mrs Braithwaite Regards, Gbeminiyi Holloway
4/LAW REPORT
22.05.2018
Elements that Constitute Perverting the Course of Justice
T
accord with logic and reason, and that the ingredients of the offence of perversion of the course of justice under Section 97(3) of the Criminal Law of Lagos State, 2011 are specific.
Facts
he Defendant was arraigned on an eighteen (18) count Charge, based on the 3rd Amended Information dated 27th December, 2017. The Charge consists of two counts of offering gratification to a public official Contrary to Section 64(1) of the Criminal Law of Lagos State, No. 11 of 2011; fifteen counts of attempting to pervert the course of justice Contrary to Section 97(3) of the Criminal Law of Lagos State No. 11 of 2011; and one count Charge of making false information to an officer of the Economic and Financial Crimes Commission (EFCC) Contrary to Section 39(2) of the Economic and Financial Crimes Commission (Establishment) Act, 2004. On counts one and two, the Defendant was alleged to have intentionally given the sum of N750,000.00 to the Hon. Justice M.N. Yinusa of the Federal High Court, by paying the funds directly into his account and giving the sum of N250,000.00 to a certain Mrs. H.A. Ogunleye, a Senior Executive Officer of the Federal High Court, in order that they act in the exercise of their official duties. The Defendant pleaded not guilty to the eighteen counts Charge. At the trial, the Prosecution called seven (7) witnesses, and tendered documents through them. The Defendant called one witness (the Defendant) and tendered documents. Upon the close of the defence, parties filed and exchanged Final Written Addresses. Issues for Determination 1. Whether Exhibits P2, P18, P19, P20, P21 and P22 tendered in evidence by the Prosecution, ought to be rejected in evidence. 2. Whether the Prosecution has proved the charges contained in the Amended Information dated 27th of December, 2017, beyond reasonable doubt. Arguments Learned Counsel for the Defendant, submitted on issue one, that Exhibits P2, P18- P22 should be rejected in evidence, for contravening the provisions of Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended); for being inadmissible pursuant to Section 1 of the Evidence Act, 2011; and for being improperly obtained under Section 14 of the Evidence Act, 2011. Counsel submitted that, the EFCC unilaterally wrote to UBA PLC, requesting for the account statements of his law firm - Exhibit P2, without seeking the consent of the Defendant or obtaining a Court Order. Further, it was upon response by the Defendant to the EFCC’s invitation, and making his voluntary statements (Exhibit P16) that the EFCC seized his phone – Exhibit P18, and sent it to its Forensic Department for analysis, whereat the contents were extracted and published, including the Defendant’s private and confidential text messages. Counsel argued that, this act, infringed on the guaranteed rights of the Defendant under the Constitution. He argued that, the evidence was improperly obtained given the factors in Section 15 of the Evidence Act, 2011, and the breach of the fundamental rights of the Defendant, amounted to a grievous impropriety and contravention of the law. He referred to the decisions of the Supreme Court in MILITARY GOVERNOR OF LAGOS STATE v ODUMEGWU OJUKWU AND ANOR. (1986) NWLR (PT. 18) 621. Counsel urged the Court to exercise its powers (even at this stage), to expunge the documents for being wrongly admitted. The Prosecution submitted in response, that the right conferred on the Defendant in Section 37 of the Constitution is qualified, and not absolute. Counsel referred to the authority of UKPABIO & ANOR. v NATIONAL FILM AND VIDEO CENSORS BOARD (2008) LPELR-4129CA, among others, to submit that by Section 45 of the Constitution, the provisions of Section 34, 35 and 37 of the Constitution, are not absolute. Learned Counsel submitted further that, Section 38 of the EFCC Act empowers the Commission and its officers, to seek and receive information from any person, authority, corporation or company without let or hindrance, in relation to offences under its enabling Act. Counsel argued that Sections 44(2) of the 1999 Constitution, allows the taking over of property such as the Defendant’s Statement of Account and Telephones, for the purpose of enquiry. He posited that objection based on illegally obtained evidence, can only be raised at trial relying on ONYUIKE v THE PEOPLE OF LAGOS STATE & ORS (2013) LPELR-24809. To this, Counsel for the Defendant replied that, the objection can be raised at this stage based on the decision of the Supreme Court in IBWA v IMANO LTD (2001) 3 SC 182 AT 192. On second issue, it was submitted for the Defendant that, the burden of proof is on the Prosecution, who must establish all the ingredients of the offence. He opined that from Exhibit P16 – The voluntary statement of the Defendant, and evidence of PW5 and PW7, it is clear that the Defendant’s giving of money to the judicial personnel was not in relation to their official duties or capacities. Counsel urged the Court to discharge the Defendant on counts 1 and 2, as the Prosecution failed to prove the essential ingredients of the offence. The Prosecution, on the other hand, submitted that the personnel are Public
Hon. Justice R.I.B. Adebiyi
In the High Court of Lagos State In the Ikeja Judicial Division Holden At Lagos On Monday, the 30th Day of April, 2018 Before His Lordship Honourable Justice R.I.B. Adebiyi Suit No:LD/2516C/16 Between Federal Republic of Nigeria...... Prosecution And Dr. Joseph Nwobike (S.A.N.)...... Defendant
Officers pursuant to Section 67 of the Criminal Laws of Lagos State, 2011, and that the Defendant intentionally and directly gave the money to them, in order that they act in exercise of their official duties. Counsel argued that, the contention by the Defendant that he gave the money to the Judge for medical treatment of his mother, was an afterthought. With regard to counts 3 to 17 relating to perversion of the course of justice, Counsel for the Defendant submitted that, the Prosecution failed to demonstrate the particulars of the course of justice which the Defendant had intended to pervert. He argued that, the sum given to the Judge, was to assist with funds for his mother’s dialysis, and not a bribe. More so, the report of the National Judicial Commission on the Judge, did not allude to perversion of justice against the Defendant. Counsel for the Prosecution submitted that, the evidence shows that the Defendant, during the pendency of matters instituted by him and which were being heard by the Judge, paid the money into his account, and met with the Judge in the absence of opposing Counsel. He argued that by Rule 34 of the Rules of Professional Conduct for Legal Practitioners, 2007 (RPC), the Defendant had by his conduct, given the impression that the money was paid to the Judge to gain special attention. Replying on Points of Law, Counsel for the Defendant submitted that Rules 30, 34 & 54 of the Rules of Professional Conduct for Legal Practitioners, in proof of criminal allegations, do not
“THE DEFENDANT, BY GIVING MONEY TO THE JUDGE, INTERACTING WITH THE JUDGE WITHOUT THE OPPOSING COUNSEL BEING PRESENT, AND MAINTAINING A RELATION WHICH GAVE THE APPEARANCE OF GAINING SPECIAL FAVOUR, ACTED OUTSIDE THE RPC”
Court’s Judgement and Rationale On the first issue, the Court considered the need to determine whether an objection of this nature can be raised at the stage of the proceedings which it was raised, before delving into the merits of the Objection. The Court found that, if a Court can expunge a document at the stage of writing judgement, it follows that a Counsel can raise an objection to an improperly admitted document, in his final address. With regard to the main objection, the Court had recourse to the provisions of Sections 14 and 15 of the Evidence Act, 2011, as well as the decision in JOHN v STATE (2013) LPELR-20536 on the matters the Court must take into account, and circumstances when the Court would not admit improperly obtained evidence. His Lordship held that, the documents in issue are relevant to the Charge for which the Defendant was being prosecuted. With regard to the gravity of the impropriety or contravention employed in obtaining the evidence, the Court found that the Defendant’s bank statement was obtained without force, threat or oppression, just as the phone was not obtained recklessly. On the authority of TORTI v UKPABI (1984) 1 SCNLR 214, the Court held that Exhibits P2, P18, P19, P20, P21 and P22 were relevant to the case, and though improperly obtained, the desirability of admitting them outweighs the undesirability. On issue two, the Court agreed that the burden of proof rests on the Prosecution based on Section 135(1) of the Evidence Act, 2011. Considering the first two counts relating to offering gratification to public official, upon reviewing the evidence of witnesses and exhibits tendered in relation to these counts, the Court observed that the money given to Hon. Justice Yinusa, was given about seven months before the Order granted by the Judge was made. The said Order however, was not made ex-parte, as the Prosecution was duly represented, and recorded. The Prosecution who was dissatisfied with the Order of Court, had different options open to it, which it failed to explore. With regard to Mrs. Ogunleye who was called as a Prosecution Witness – PW5, though there is evidence of text message exchanged between her and the Defendant, to the effect that she should “Tell Oga to discharge the order”, the Defendant contended that the message was sent in error, and PW5 too said she did not comprehend the content of the message as there was no Order to be discharged. The Court found that, the Prosecution did not provide any Order which the message referred to. On the second leg of the Charge bordering on attempts to pervert the course of justice, the Court found that based on evidence before it, applications heard by the Judge in question were determined in favour of the Defendant. Further, the Court found that, contrary to the submission of the Defendant, the Rules referred to in the RPC are relevant and applicable to the acts of the Defendant. Section 97(3) of the Criminal Law of Lagos State does not define the manner of perversion anticipated, but the RPC stipulates what the relationship between the Court and a Lawyer should be. The Defendant, by giving money to the Judge, interacting with the Judge without the opposing Counsel being present, and maintaining a relation which gave the appearance of gaining special favour, acted outside the RPC. Thus, the Prosecution proved beyond reasonable doubt that, the Defendant attempted to pervert the course of justice. On the exchange of text messages between the Defendant and a certain official of the Federal High Court – Mr. Jide, regarding assignment of cases to preferred Judges (counts 7-17), the Court found that the Prosecution was able to prove six out of the eleven counts. The Court observed that, whether the Defendant was successful based on the requests (as some of the cases were not assigned to the suggested Courts), is not relevant to proof of the offence as prescribed under Section 97(3). The elements of the offence, being ‘attempt’ to pervert the course of justice, guided by the ingredients of the offence of attempt as laid down by the Supreme Court in JEGEDE v STATE (2001) 14 NWLR (PT. 733 264 at 269, the Defendant went beyond a mere intention to pervert the course of justice and acted. Regarding the last count of making false information to an officer of the EFCC, the Court found that the Prosecution failed to prove the ingredients of the offence. On the whole, The Defendant was found guilty and convicted for the offence of attempting to pervert the course of justice in counts 3 and 7-17, while he was discharged and acquitted on other counts. In view of the several mitigating factors in favour of the Defendant, he was sentenced to a term of imprisonment of one month, 30 days for each count, to run concurrently. Representation Rotimi Oyedepo, Esq. for the Prosecution O. Akoni, SAN with Mobolaji Kuti, Esq. and Labi-Lawal Esq. for the Defendant.
22.05.2018
NEWS/5
L-R: President of Lagos Court of Arbitration, Mr. Yemi Candide-Johnson, SAN, Admin Judge, Lagos, Hon. Justice Kazeem Alogba, Lagos State Chief Judge, Hon. Justice Opeyemi Oke and Admin Judge, Ikeja, Hon. Justice Doris Okuwobi at the Opening Session of the ‘The Lagos Backlog Elimination Programme 2018’ held at the Foyer of the High Court of Lagos State, Igbosere, last Tuesday
L-R: President of Lagos Court of Arbitration, Mr. Yemi Candide-Johnson, SAN, Lagos State Chief Judge, Hon. Justice Opeyemi Oke, Admin Judge, Lagos, Hon. Justice Kazeem Alogba and Chairman, NBA Ikeja Branch, Mr. Adesina Ogunlana at the afternoon Session of the ‘The Lagos Backlog Elimination Programme 2018’ held at the Lagos Court of Arbitration, Lekki
Lagos Chief Judge Decries Backlog of Court Cases Stories by Akinwale Akintunde
hearing. Justice Oke maintained that the BEP initiative, was Lagos State Chief Judge, conceived as part of her deHon. Justice Opeyemi Oke, sire to substantially tackle has described the discovery of inordinate delay of court about 3,000- backlog of cases cases, court congestion, and in different Courts across the fulfilment of her promise to State as alarming, promising redress these two problems that the Judiciary, under her on assumption of duty. The Chief Judge lawatch, is determined to reverse the trend, in order mented that “Delay has to restore public confidence led to public ridicule of in the Lagos Judiciary and the Judiciary, which is make administration of justice supposed to be the hope quicker and more efficient. of the common man. This Justice Oke said the Courts delay, coupled with the in the State are presently in a continuous filing of new state of emergency, following cases, has led to congestion the evaluation of 2,886 old in Courts with a ridiculous case files, including a 70 year- number of a backlog of old-case, under its Backlog cases, the result of which, Elimination Programme (BEP). the courts are now in a She said the 70 year old state of emergency”. “Presently there are case, which is the oldest, is “seeking to enforce a hundreds of cases in the court dockets aged over 5 judgement”. The Chief Judge disclosed years, the oldest of which this last Tuesday while declar- is a 70-year-old case. This ing open ‘The Lagos Backlog is a far cry, from what can Elimination Programme 2018’ be said to be a reasonable organised by the Lagos State time. Ideally, the matters Judiciary, BEP, and the Lagos ought to be concluded in Court of Arbitration (LAC) weeks, months or at most, held at the Foyer of the High a year. Many of these cases Court of Lagos State, Igbosere. ought not to be in court at The BEP, is a programme all, as they could have been designed to decongest the resolved through ADR”, courts by re-evaluation of she noted. Citing Section 36(1) of old cases, and find ways of resolving them through the 1999 Constitution as Alternative Dispute Resolu- amended, she emphasised tion (ADR) or accelerated that the rights to fair and
reasonable timely trial before a court or tribunal, is one of the fundamental rights of Nigerians. This, according to her, necessitated the need to urgently revert the status quo and redress the situation, through the BEP and Alternative Dispute Resolution, ADR. Justice Oke averred that, the first phase of the BEP which is on-going, involves the evaluation of old cases in batches by volunteers from different law firms, adding that they are through with the first batch involving case files between five years and above; the second batch involves case files of 10 years and above, while the third batch comprises of case files from 15 years and above. She said work is ongoing, on files involving cases filed aged 25 years and above. “After evaluation, the facts of each case are summarised, causes of delay identified, and recommendation would be made as to efficient means of disposal, whether by ADR or accelerated hearing”, she said. Giving details of the cases involved, Justice Oke informed that land matters
accounted for majority of the backlog cases, followed by commercial matters which are based on breach of contacts, debt recovery, mortgage matters, bank and customers related disputes, matrimonial causes, probate and enforcement of judgements, adding that many of the cases are at trial stage. On the possibility of settlement, the Chief Judge stated that, while some of the cases are not suitable for ADR, others could be resolved through the mechanism; the remaining cases would be struck out. She added that, some of the parties have reportedly settled matrimonial causes, but that settlement to ancillary reliefs would be referred to ADR. Oke further disclosed that, inefficient case management by counsels accounted for 59 percent of the delay in the backlog cases evaluated so far, stressing that other causes included delay occasioned by court indisposition, protracted settlement period, court not sitting at various intervals due to official assignments, interlocutory appeals and numerous interlocutory applications brought before the court.
Court Strikes Out Alleged N10m Fraud Suit Against Lawyer A Chief Magistrates Court sitting in Igbosere, Lagos, has struck out a N10 million fraud suit instituted against a Lagos-based lawyer, Mr. Franis Azuh, by the Police. Chief Magistrate, Mrs. Adetokunboh Omoyele, discharged the Lawyer, based on a response to the court for verification of DPP's advice. “The office of the Attorney-General, has cleared the DPP's advice, and is of the opinion that parties should
resolve their differences via civil action. Based on the said reply, this charge is struck out and the Defendant is discharged accordingly", Mrs. Omoyele held. The Police had arraigned Mr. Azuh, on a two-count charge of fraudulently obtaining and stealing N10 million, meant for processing and securing a title document at Lagos State Ministry of Lands. Trouble began, when Azuh got a brief to pursue
the excision of community land belonging to the Salia family of Shapati Village in Ibeju-Lekki Local Government of Lagos State, from the Complainant. Azuh was to be remunerated with 10 percent of the said plots of land, which is 22 plots from a total of 220 plots. He spent N6.5 million and voluntarily refunded N3.5million to the Complainant, after the job was concluded. But, the Complainant, in
an attempt not to remunerate the Lawyer with the 22 plots of land valued at N400 million, laid a bogus complaint with the Police, alleging that the Lawyer had stolen the sum of N10 million from him. However, on April 4, 2017, a legal advice with reference no LJP/ MISC/2017/45/7, was issued and dispatched to the court. CONTINUED ON PAGE 13
She revealed that under the second phase, the reevaluated cases would be referred back to the court for Case Management Conference (CMC) by a special order of the Chief Judge of High Court of Lagos State, and based on individual recommendation, referred to Lagos Court of Arbitration (LCA) and other ADR institutions, for resolution by mediation or arbitration as the case may be. In his keynote address titled, “Discussing the Future of Access to Justice and Delivery of Justice in Lagos State: the Role of the Courts and Backlog Elimination Programme”, the President of LCA, Mr. Yemi Candide-Johnson, SAN, said that all indices confirmed that the civil justice system is failing, and that delay especially, was affecting prompt, efficient and effective justice to the users of the court. This is damaging governance, in Lagos and the business environment. “The goal of a global Lagos cannot be achieved, unless public has confidence in the mechanism of prompt and efficient dispute resolution, and above all, unless they trust and respect the Judiciary.
“It is obvious that trust and respect is lost, if there are corrupt and inefficient practices, that result in delay at the courts. These are things researched, identified and analysed in the on-going BEP”, he explained. The LCA President, lamented the huge cost of litigation, and blamed the situation on indolent and unprepared counsels, noting that such can give a country’s legal system bad reputation. “Justice, is not just about arriving at the correct result or procedural fairness. It is about achieving accuracy and fairness, in a reasonable time and at a reasonable cost. Achieving justice, means avoiding delays and reducing costs. This has been recognised in the objective of the overriding purpose of civil procedure rules”, Candide-Johnson noted. He advised that, Judges should not be afraid to exercise their power and authority, in order to prevent these pitfalls. “There may be petitions, but that should not be allowed to deter you. Lagos is too important, to the economic development of the country. What happens in Lagos State castrates through the entire country”, he stated.
Olisa Agbakoba Legal Defeats Falana & Falana to Win 2018 BOA Tournament The law firm, Olisa Agbakoba Legal (OAL), has emerged the winner of this year's Lawyers Football League in Lagos State. Olisa Agbakoba Legal team, emerged winner of the Bankole Olumide Aluko (BOA) Football Tournament, by defeating their arch-rival, Falana & Falana 3 goals to 1 last weekend. Falana & Falana won the 2017 edition, before being
dethroned by Olisa Agbakoba Chambers this year. The BOA Football Tournament, is a 5-A-Side Annual Football Tournament, played in honour of one of the Founding Partners of Nigerian Law Firm, Aluko & Oyebode, Late Bankole Aluko Olumide, SAN. This year's edition was the 16th edition. This year's edition was the 16th edition.
6/
22.05.2018
Lagos Chief Judge Inducted as the State’s Scouts President Akinwale Akintunde Lagos State Chief Judge, Justice Opeyemi Oke, was last Wednesday, inducted as the President of the Lagos State Scout Council. The hour-long investiture ceremony, held at the Conference Room of the Ikeja High Court, was attended by Scouts, Judges, Lawyers, and other stakeholders in the administration of criminal justice sector. Speaking at the investiture ceremony, Lagos State Scout Commissioner, Chief Jonathan Tawose, thanked the Chief Judge for consenting to be the President of the Lagos State Scout Council, and expressed hope that she will continue to support the Organisation. Tawose also sought Justice Oke's assistance, in making the investiture of Governor Akinwunmi Ambode as Patron of the Scout Council, possible. "We need your support, to assist in speeding up the investiture/decoration process for His Excellency as the Patron of the Lagos State Scout Council, as stipulated in the approved Constitution of The Scout Association of Nigeria. "We are obliged by international laws, to train and mould youths throughout their formative stages, to become useful and purposeful leaders. "In order to achieve these objectives, the Council needs financial assistance. "Normally, we are supposed to draw
our finances from Government subventions and donations from philanthropists. "We have not really been blessed with these sources in abundance, yet our trainings should not suffer", Tawose said. The Scout Commissioner said that, the Lagos State Scout Council had not received funding from the Government, for the past fifteen years. "We will appreciate if you can speak with the Ministry of Youth and Social Development, to please reinstate and review upwards the subventions of the Lagos State Scout Council of The Scout Association of Nigeria, so as to function effectively”, he said. Alhaji M. D Sanni, the Chief Commissioner of the Lagos State Scout Council, in his brief speech, also solicited for funding for the Scout Council. "We appreciate if financing and the necessary tools, are provided for the Scout Council like a new bus, gadgets and equipment”, he said. Justice Oke after her induction, thanked the Lagos State Scout Council for giving her the opportunity to serve as President. "I appreciate the honour bestowed upon me today, it is a call for service. "I am really grateful that you have found me worthy to be the President of the State Scout Council, to be able to direct the affairs of the State scouts. I am not going to take this for granted”, she said. The Chief Judge said she was well
L-R: Chief Commissioner of the Lagos State Scout Council, Alhaji M. D Sanni, Lagos State Chief Judge, Hon. Justice Opeyemi Oke and Admin Judge, Ikeja, Hon. Justice Doris Okuwobi
suited for the job, because she had had previous experience in scouting roles. "I was a member of the Man O' War group in my University days over forty years ago, and I was a Squadron Commander. "Once you are a member of the Man O' War Club, the discipline, the teaching, the learning remains with you for life, and I am carrying that now as the President of the Lagos State Scout Council. "I am also not new to the Girls Scout Club, internationally, I happen to be a
member. "I have been told my responsibilities, and I have promised to abide by the promises that I have made here”, she said. Justice Oke also promised to help the Scout Council, make the investiture ceremony of Governor Ambode, a reality. "Our Governor is an amiable person and very approachable, I am making the promise on his behalf, that you will soon come to honour him as you have honoured me”, she said.
Legal Personality of the Week Richard Abdulahi
‘A Successful Lawyer Cannot be Indolent, Impatient or Crooked’ My name is Richard Abdulahi. I graduated from Ambrose Alli University in 2004, as the overall best graduating student in Commercial Law. I thereafter, proceeded to the Nigerian Law School, Lagos Campus, and was called to the Nigerian Bar in 2005 with a second class upper division, in the Bar final exams. Over the years, I have worked in the law firms of J.O. Ojobu & Co. and Eyimofe Atake & Co. I am currently a Senior Associate with Olatunde Adejuyigbe & Co., where I continue to hone cutting edge skills in legal practice, with special interest in Oil and Gas, Aviation, Real Estate and Insolvency Law. I am an active member of the firm’s security audit team, involved in the audit of prime security interests of clients in secured transactions, and advising on any vitiating components of the security interests. During my stint with the post graduate school of the University of Lagos, my choice of courses was driven by my interest in Taxation, Real Estate, Energy and Insolvency Law. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Challenges are the necessary building blocks, of any worthwhile venture. I like to see challenges from that perspective. Legal practice, especially litigation, is undoubtedly very challenging. It takes diligence, dexterity and determination to succeed. However, my main challenge in practice so far, has been the frustrating incidence of Judges, who, with due respect, display an inability to appreciate fine points of law, thereby, arriving at decisions that are clearly on a collision course with well-established precedents. What was your worst day as a Lawyer? Lawyers are not immune to bad days, just as Pilots and Sailors are not immune to turbulence. From difficult Clients to maladroit Judges and mischievous opponents, Nonetheless, one must stay positive and see
SAN, who is a stabilising and assuring force whenever your sails are deflated by bad days, came to the rescue.
Richard Abdulahi
both bad and good days as multi-coloured threads woven into the fabric of time and chance. My worst day as a Lawyer, would be the day, very early in practice, when I worked overnight on a file and drafted all necessary processes in a suit in which we had just been briefed to defend the Client. My Lead Partner, was out of the Country at the time. We filed our defence and counter- claim out of time, with an application to regularise, having not been briefed on time. On the date the matter was slated for hearing, the Plaintiff, knowing that it was not strategically prudent to continue with the action, having seen our defence and motion for injunction, filed a Notice of Discontinuance and simply urged the Court to strike out the suit. All my arguments to the effect that, we had a counter-claim which is unaffected by the discontinuance, and that on the authority of MV St. Rolands V. Osinloye, the Plaintiff cannot discontinue having derived an advantage, were to no avail. The Court struck out the suit. I was devastated, but my lead Partner, Mr. Olatunde Adejuyigbe,
What was your most memorable experience as a Lawyer? I have had many memorable experiences, like the first time I appeared before the Supreme Court alone. But my most memorable experience, would be when my Principal sent me to Court to take a date in a matter adjourned for mention, to enable him argue a particularly delicate application filed by the other party challenging the Court’s jurisdiction. I took along two decisions that established that once a suit is for mention, hearing cannot proceed, except with the consent of both parties. Since we had filed an application challenging the legal representation of one of the parties, I also took two decisions buttressing the point that an application challenging legal representation, takes precedence over an application challenging jurisdiction. Surprisingly, a Senior Advocate who also happened to be the NBA President at the time, appeared and argued that the objection on jurisdiction be heard. Although, the Judge agreed with us that hearing ought not to proceed in a suit adjourned for mention, he however, held that he was more “disposed” to hearing the application challenging jurisdiction. I argued the preliminary objection with my best shot, and the Court later found in our favour. Who has been most influential in your life? First, my parents Mr. and Mrs. John Abdulahi. I am eternally grateful to them, for their strength of character, and for challenging me to strive higher and become the greatest and best I can ever be. Second, I have been inspired by the quiet and intelligent fierceness of Dr. Eyimofe Atake, SAN. Mr. Olatunde Adejuyigbe, SAN, has been my greatest influence as a Lawyer. His dexterity, humility, integrity, devotion to God and diligence, are uncommon in
the profession. Why did you become a Lawyer? I would say that, I became a Lawyer by providence. My first interest in Law was in Secondary School, when I read about the late Gani Fawehinmi in Tell Magazine. He was then detained at Gashua Prison, during the inglorious years of military dictatorship. I was inspired by his courage, integrity and empathy. But then, I did not make up my mind to be a Lawyer. Being uninitiated, I misunderstood Lawyers as liars, and knowing that all liars will have their place in hell, I did not want to be a Lawyer, but providence and my passion for human rights activism, prevailed. What would be your advice to anyone wanting a career in Law? The law is very vast, and practice areas are continuously emerging. The advent of artificial intelligence, explorations into deep space, transformation in our traditional notions of energy, and the gross expansion of the internet of things have broken traditional stereotypes of the ambits of the profession. There is need for young Lawyers, to determine early their areas of interest, and pursue expertise in those practice areas. Above all, diligence, persistence and integrity, cannot be over-emphasised. Success in the profession, is not for the indolent, impatient and crooked. Those kinds of Lawyers may initially appear to be thriving, but they soon fizzle out. If you had not become a Lawyer, what career would you have chosen? Perhaps, Clergy. Where do you see yourself in ten years? I expect that in ten years, I would have distinguished myself, and become a top tier Lawyer in my practice areas. I also hope to be a Partner, and by God’s grace, push the boundaries of what I call Disruptive Consumer Activism.
22.05.2018
/7
Let My Mother Lead In this interesting article, Adenike Fapohunda writes about how unlike Rwanda, women’s political representation in Nigeria today, is sadly extremely low; and she’s calling for appropriate legislation to change the status quo
W
Under-Representation of Women in Politics in Contemporary Nigeria omen’s political involvement in Nigeria, predates Nigeria itself. From pre-Colonial Igbo kingdoms which had bi-cameral Parliaments; one for women, one for men, to the brave women, who led the Aba women’s riots and the 1947 Abeokuta mass protests. In 2018, it is mainly women who continue to advocate for the pressing issue of female abduction by Boko Haram. Women are, undeniably, an irremovable part of our political history. However, in current electoral politics, the reality of women’s involvement leaves much more to be desired. In the 8th National Assembly, women representation is shockingly less than 7%, put plainly women make up less than 7% of all the lawmakers in Nigeria. There are 8 Senators in the country who are women, no women Governors and few female Deputy Governors. To put that in perspective, Nigeria has a population of over 90 million women. That makes up roughly 49% of the population. We find ourselves in a situation where 49% of the population, is represented by almost7% of the Legislature. It then follows that, an overwhelming majority of men are tasked with representing women, and making laws that are in the best interest of almost half of the country, these same people never having lived the experience of being women, and are thus, skewed in their conception of what needs to be legislated upon, to improve the situation of women. Male lawmakers, are notorious for not keeping the best interest of women in mind when they draft and pass legislation. Issues such as the restriction of access to birth control in America, or the restriction of access to education for teenage girls in Tanzania, is proof of this claim. The legislative authority for issues that affect mainly women, is vested in men. Time and time again, we see patriarchy, the system of subjugation of women, that already exists in the society itself, seep into legislation. The inability of women to voice discontent, or even have a say in the laws that affect them daily, has the impact of stripping autonomy from the section of society that is most vulnerable. Progressive Countries Africa has some of the most progressive countries in terms of female political representation, Rwanda and South Africa leading the world in female political representation. Rwanda has more women in Parliament, than anywhere else in the world. It is also enshrined in Rwanda’s Constitution, that women should hold at least 30% of parliamentary seats, and in 2003, 48% of Rwanda’s parliamentary seats went to women. Today, it stands at a staggering 61%.Rwanda was the first country in the world, to cross over the threshold for 50% female representation in Parliament. The South African Constitution, has the value of nonsexism in its preamble. This value is one of the founding provisions of a post-apartheid South Africa, and all laws in the Constitution must be in line with the vision, to further a non-sexist society. South Africa’s women parliamentary representation, is currently at 40%. Higher Expectations However, women’s parliamentary representation means nothing, when the material conditions of the constituents do not change.It is important to interrogate what result having female figure heads, has on the systemic and endemic violence that women face. What does it mean when female politicians become ‘like Obama’, for societies teaming with sexist tension? We would not
Adenike Fapohunda
have achieved anything, if we rebrand patriarchy with the face of a woman. We must explore the possibility that having women in Parliament can mean nothing, if they do not promote the rights of other women. Women in politics, also face the reality of having to measure up to higher moral standards. Women are expected to have inherent mothering natures, and act in a manner that justifies their position as ethically superior beings. When men enter the political realm, they are judged on how well they can manoeuvre it. However, women must be exceptional, as any failures would serve as justification for why they shouldn’t be there in the first place. This is why we are especially horrified by Diezani’s corruption, even to the extent of it being justification, for why women should be restrained in the political realm; but, generations of Nigerian men who created the structural deficiencies that have led to this corruption problem, are not reason enough for men to be barred from politics. Women are seen as mothers, and because they are mothers, they cannot fully be human. A mother, who is seen as essential and the glue that keeps the household together, cannot err. Mother’s cannot lie, steal, or cheat, because that would be acting against who they are, essentially, their innate nature. Mothers are also soft-spoken and, as in the household, secondary to the man, who is the head. Maybe this is why Chimamanda Adichie, found it necessary to critique Hilary Clinton for her choice of self-identification on her twitter biography. From ancient Greece to modern Saudi Arabia, women’s inclusion in representative democracy has been hard won. Now that women have, in most parts of the world, the right to vote, what is keeping us from attaining the equal representation in Nigeria’s modern democracy? We could say that factors such as discriminatory laws, practices, attitudes and gender stereotypes, less access to education and healthcare, and the disproportionate effect of poverty, are why women are rendered practically voiceless; but, it sees that, even when women are able to navigate these hurdles, they still get lost in a complex maze of political activities, leading up to the polls. Change Maybe it is unfair to expect the society to change as is, there needs to be some political will to force this
“RWANDA HAS MORE WOMEN IN PARLIAMENT, THAN ANYWHERE ELSE IN THE WORLD. IT IS ALSO ENSHRINED IN RWANDA’S CONSTITUTION, THAT WOMEN SHOULD HOLD AT LEAST 30% OF PARLIAMENTARY SEATS, AND IN 2003, 48% OF RWANDA’S PARLIAMENTARY SEATS WENT TO WOMEN. TODAY, IT STANDS AT A STAGGERING 61%”
KOWA Presidential Candidate, Prof. Remi Sonaiya
change; to place women in power.We are no longer at a stage, where we can surrender to the idea that women just don’t win, or that there are not enough women in politics, but rather, acknowledge this alarming disparity that sees us having little or no voice and almost no say in the way in which this country is run. To change this, we need both legislative and constitutional amendments, that impose female representation; quota’s need to be put in place. Mozambique has implemented political party quotas, that force parties to adopt rules, which require them to propose a certain number of women candidates for office; but, maybe this is too light, as it does not hold the State accountable. Rather, we should rally around a constitutional amendment, which would include a provision that reserves seats in the National Parliament for women, or at the very least, election law quotas, such as in Sudan. The National Gender Policy, recommended a percentage of 35 for the representation of women, in both elective and appointive public service positions. This quota system, would however, be tricky to legislate as section 42 of Nigeria’s Constitution, does not read clearly in terms of positive discrimination. Nonetheless, the law must adapt to the needs of a society, and Nigeria being a society in which women are deeply marginalised, quotas will provide us with the ability to hold government structures accountable for the lack of inclusion of women. My Interests I’m more interested in the ability female representation has, to change the realities of the women on the street, from the groundnut seller to the CEO.The ability of female representation, to close the gender pay gap and thus the tacit mandate that women in power will have, to push legislation that provides women with better access to healthcare, specifically reproductive health care, better ownership rights, increased access protection for their basic human rights, inclusive of rights such as freedom of dress and freedom of movement. The ways in which women in power, can provide us with conclusive policies that will see a decrease in crimes against women, especially violent ones such as rape and domestic violence. I’m interested in the very well-founded belief that, having women where it matters, will see all Nigerian women having increased access to education, and increased income levels. In the run up to the 2019 elections, all Nigerians should share in this interest, not only because women’s empowerment will have the result of empowering all of us, but rather because the disenfranchisement of Nigerian women, leaves the entire country disenfranchised. Adenike Fapohunda, Third Year Law Student at the University of The Witwatersrand, South Africa, recently interned with the law firm of OlisaAgbakoba Legal.
8/COVER
22.05.2018
O
p
i
22.05.2018
n
i
COVER/9
o
n
s
Nwobike, SAN: A Fall From Grace To Grass? Monday, April 30, 2018, was indeed, a sad day, for the Legal Profession in Nigeria. The Honourable Justice Raliat Adebiyi of the Ikeja Division of Lagos High Court, convicted and sentenced Dr. Joseph Agburuwhuo Nwobike, SAN, an acclaimed cerebral legal intellectual, to 30 days imprisonment for perverting the course of justice. The Inner Bar, is still reeling from the shock, of the seeming recidivation of one of its own, while others have criticised the court’s decision as being too lenient. What is the effect of Nwobike’s conviction on the fight against corruption? What does the decision in this case, portend for colleagues facing similar charges? Will the Legal Practitioners’ Privileges Committee, consider further sanctions against Nwobike now or after the appeal process is exhausted? Wahab Shittu, Adesina Ogunlana and Ikeazor Akaraiwe, discuss the issues arising from this historic and unfortunate incident
Judges’ Poor Remuneration Aids Corruption - Akaraiwe
Justice is Served - Wahab Shittu
M
Sentimental Considerations y initial reluctance to comment on the conviction of Dr Joseph Nwobike, SAN, is understandable for several reasons. First, the Senior Advocate of Nigeria, is well known to me, as he was my classmate at Masters Degree Level at the University of Lagos, and I must say that, we enjoy a very cordial relationship, even if we are not close acquaintances. Secondly, the fall of any great man from grace gives me pain, because it is not easy to attain the height and stuff for which great men are made. Here is a Lawyer, a Ph.D. holder and a Senior Advocate of Nigeria, with a flourishing practice, finding himself in this mess. This is very sad for other reasons. It is not easy to become a Lawyer; it is much more of a Herculean task, to rise to the exalted rank of Senior Advocate of Nigeria. As it is said, with respect to the silk, ‘many are called, but very few are chosen’. How can anyone therefore, rejoice at the seeming fall of such a man? This however, is in the realm of sentimental considerations. Preliminary Observations The law operates on some other higher principles, beyond sentiments. My comments on the conviction necessarily must be prefaced with preliminary observations. First, a court of competent jurisdiction had tried Dr Joseph Nwobike, and had pronounced him guilty of perversion of the course of justice. The court had gone ahead to pass sentence of a one month term of imprisonment and the Senior Advocate is already undergoing the prison sentence at Ikoyi prisons. This development is very sad indeed, considering the esteem in which the legal profession is held, and the higher esteem accorded to members of the inner bar. Given these considerations, and for these noble ideals the legal profession represents, the reason for my sadness can be appreciated and understood. No ‘Sacred Cows’
But is anyone above the law? The answer is certainly no. In the fight against corruption, is there any room for any sacred cow? The answer again is no! is Dr Joseph Nwobike being victimised? the answer is no, because he himself admitted in his extra-judicial statement to the EFCC, that he made payments to Hon. Justice Yunusa at a time he had pending cases in His Lordship's Court. There were also communications between him and certain court officials, regarding the assignment of cases to specific Judges. These pieces of evidence, were tendered and admitted in court. Did the prosecution manufacture such evidence? the answer is no. Is Dr Joseph Nwobike the only Senior Advocate in Nigeria? the answer is no. Is he the only Senior Advocate taking up cases against EFCC? the answer is no. I think we should insist on the merit of the trial process, rather than raise issues about victimisation of anyone. I am aware as one of the leading prosecutors of the EFCC, that the EFCC under Magu's watch does not victimise anyone, as the preoccupation is fighting the war against corruption to a standstill, not minding whose ox is gored. In this fight, no one should be spared. I do not want to pass final verdict on Dr. Nwobike, because I am aware of his constitutional right to appeal, and I believe that he is certainly going to appeal the judgement up to the Supreme Court. This is because his reputation, career and prestige as a member of the inner bar are involved. Of greater involvement, is the element of justice, and our higher courts will determine this at the end of the day
W
illiam Shakespeare in Julius Caesar said: "There is a tide in the affairs of men, Which taken at the flood, leads on to fortune; Omitted, all the voyage of their life is bound in shallows and in miseries”.
Dr. Joseph Nwobike, SAN, middle, sentenced to one month imprisonment for perversion of justice
based on the element of justice, not sentiments, not status, not recognition, not fear, and certainly not favour. I prefer to wait, to see the outcome of the Appellate proceedings in this matter. Conclusion In the final analysis, my initial comments here expressed, are based on the conviction already passed on the Senior Advocate. On a personal level, he certainly has my sympathies, but in
“IN THE FIGHT AGAINST CORRUPTION, IS THERE ANY ROOM FOR ANY SACRED COW? THE ANSWER AGAIN IS NO! IS DRJOSEPH NWOBIKE BEING VICTIMISED? THE ANSWER IS NO, BECAUSE HE HIMSELF, ADMITTED IN HIS EXTRA-JUDICIAL STATEMENT TO THE EFCC THAT HE MADE PAYMENTS TO HON. JUSTICE YUNUSA AT A TIME HE HAD PENDING CASES IN HIS LORDSHIP'S COURT”
view of my commitment to ethical and moral values, including the war against corruption, my comment would be, I will remain happy always, when justice is served and the war against corruption is fought to a standstill. Judging by the pronouncement of His Lordship, Hon. Raliat Adebiyi, pronouncing the Senior Advocate guilty of perver-
sion of justice after a protracted trial process, my conclusion at this stage will be that, justice is served! I look forward to the outcome of the appellate proceedings, with interest and enthusiasm in the belief that at the end of the day, justice will be served in this matter. Wahab Shittu, Legal Practitioner, Lagos
Perversion of Justice is a Serious Crime - Ogunlana
T
hat law says that, when you attempt to pervert justice, you are liable to 2 years imprisonment. The Law did not say, you must be given 2 years imprisonment. The gentleman received 1 over 24 months. When you do the mathematical calculations, 1 month divided
by 24 months multiplied by 100%, is not up to 5%. That is not fair enough, particularly
“ANY ATTEMPT TO PERVERT JUSTICE, SHOULD BE CONSIDERED TO BE A VERY SERIOUS CRIME INDEED”
so, since the offender happens to be a Legal Practitioner and a Senior Advocate of Nigeria. Lawyers are said to be, priests in the temple of justice. Any attempt to pervert justice, should be considered to be a very serious crime indeed. Adesina Ogunlana, Legal Practitioner, Chairman, NBA Ikeja Branch, Lagos
Rules of Professional Conduct 2007 Many of a Lawyer’s legal responsibilities are contained in the Rules of Professional Conduct, a few of which are: Order 30 which provides thus: “A lawyer is an officer of the court, and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice.” Order 31 (4): “Except where the opposing lawyer fails or refuses to attend and the judge is advised of the circumstances, a lawyer shall not discuss a pending case with a judge trying the case unless the opposing lawyer is present.” Order 34: “A lawyer shall not do anything or conduct himself in such a way as to give the impression or allow the impression to be created, that his act or conduct is calculated to gain, or has the appearance of gaining, special personal consideration or favour from a judge.” Undistinguished Privilege To the best of my knowledge and belief, Dr. Joseph Nwobike, SAN, has had the undistinguished privilege of becoming the very first Senior Advocate of Nigeria, to be convicted for any offence whatsoever; and for the specific offence of attempting to influence or influencing a judicial officer. Irrespective of whether this conviction will stand the test of the appellate system or not, it is a big step in the anti-corruption war of the Buhari Administration. It is arguably, doubtful, if under previous administrations, even if a bribe allegation against a social or professional heavyweight like Dr. Nwobike, SAN would have seen the light of day. All
the accused person needed to do, would have been to approach the Mister Fix-it of that administration, and Hey! Presto, the matter would have been resolved within the family. The Buhari Administration, has many failings, but if truth must be told, the fact that trial for bribery could commence and conclude with a conviction, however light, against a holder of the most coveted professional rank in Nigeria, is significant and could only have happened because Mr. Buhari is President. This assertion, does not in any way, detract from my view that President Buhari has a terrible job as President. But, not being a professional critic, permit me to give honour when due. Who is Dr Nwobike, SAN? Who is Dr. Joseph Nwobike, SAN? The website of the law chambers in which Dr Nwobike plies his trade http:// www.jnclawfirm.com/ dr_nwobike.php says the following about him: Dr. Joseph Agburuwhuo Nwobike, SAN attended University of Lagos, where he graduated with Second Class (Upper Division) in 1991. In 1992, he sat and passed, with Second Class (Upper Division), the Final Bar Exams. He was called to the Nigerian Bar in December, 1992. He obtained the Master of Laws (LL.M) degree from the University of Lagos in 1995. He attended Obafemi Awolowo University, and American University of London, between 1999 to 2005, where he obtained Ph.D in law specialising in Mergers & Acquisitions in Nigeria. Dr. Nwobike is Fellow of the African Business School, Abuja; Fellow of the Chartered Institute of Local Government and Public Administration of Nigeria; Fellow, Chartered Institute of Taxation of Nigeria (CITN) and Fellow, Chartered Institute of Arbitrators (UK); Associate Member, Business Recovery and Insolvency Practitioners of Nigeria (BRIPAN) and Assessor, Institute of Chartered Accountants of Nigeria (lCAN). Dr. Nwobike is a Member, International Bar Association (IBA), Member, Nigeria Bar Association (NBA), Member, International Tax Planning Association and INSOL. Dr. Nwobike
“JOSEPH NWOBIKE, SAN, IS WITHOUT A SHADOW OF DOUBT, DISTINGUISHED, THUS, BEGETTING THE QUESTION, WHAT COULD HAVE MADE A MAN WITH SUCH PROFESSIONAL BONA FIDES, GET ENTANGLED WITH ANY ALLEGATION WHATSOEVER, OF THE SORT THAT HAS SEEN HIM CONVICTED?” also has a Post–Graduate Diploma in International Arbitration (UK). Dr. Joseph Nwobike has also undergone a programme in Arbitration and Alternative Dispute Resolution with the United Nations Institute For Training and Research. Dr. Nwobike is a member of The Institute of Energy Law, a Division of the Centre For American and International Law, USA. Dr. Joseph Nwobike has attended several conferences and seminars organised by the Institute of Chartered Accountants of Nigeria, Centre for International Legal Studies, Austria and The Chartered Institute of Arbitrators, United Kingdom. Dr. Nwobike has appeared before CAS and has conducted a wide range of sports related arbitrations and litigations in and outside Nigeria. Dr. Nwobike has appeared in several employment related cases at the High Courts and the National Industrial Court for several clients including Nestle Nigeria Plc, Fidelity Bank Plc, Johnson Wax Nigeria Limited, United Bank of Nigeria Plc, etc. Dr. Nwobike is presently consulting for several US based law firms on litigations arising from the abuse of human rights in Nigeria during the military regimes in Nigeria. He was part of the teams that conCONTINUED ON PAGE 10
10/COVER
22.05.2018
JUDGES’ POOR REMUNERATION AIDES CORRUPTION - AKARAIWE
CONTINUED FROM PAGE 9
ducted Wiwa v Shell and Re: Semira Adamu v Government of Belgium. Dr. Joseph Nwobike was sworn in as a Notary Public For Nigeria in 1999 and sworn in as a Senior Advocate of Nigeria (SAN) in the 2009 set. The website goes on to underscore the intellectual bona fides of Dr Nwobike, SAN by highlighting his Seminar Papers thus: r 3FDFJWFSTIJQ -JRVJEBUJPO -FHBM Framework and procedure (2002) Banks Legal Advisers Conference r -FHBM *TTVFT JO UIF DSFBUJPO transfer and transmission of Company Securities (2000). (Seminar in part fulfillment of Ph.D requirement, Obafemi Awolowo University, Ile Ife). r -FHBM 3FHJNF GPS UIF QSPUFDUJPO of Consumers of Financial Services in Nigeria(2000) (Seminar in part fulfillment of Ph.D requirement, Obafemi Awolowo University Ile - Ife). r 5IF $POTUJUVUJPO BOE UIF Statutory Framework for the Development of Local Governments (2000) National Workshop on Local Government Administration (Jos) organised by Manpower Board of Nigeria r -BX BOE 1SBDUJDF .FSHFST Acquisition in Nigeria. GratiďŹ cation and Perverting the Course of Justice Joseph Nwobike, SAN is without a shadow of doubt, distinguished, thus, begetting the question, what could have made a man with such professional bona fides, get entangled with any allegation whatsoever, of the sort that has seen him convicted? In asking this question, I note that during trial as reported by the press, Senior Advocate Nwobike’s defence was not that he was the victim of a witch hunt or an outright denial, but an admission that he paid the sum of N750,000 into the UBA account no. 1002664061 of Honourable Justice Mohammed Nasir Yinusa to “assist the treatment of the Judge’s mother who had kidney-related disease.â€? I am unable to say now, whether evidence of the kidney related disease complete with receipts from a reputable hospital were provided by the defence, and whether providing this evidence may have made any difference, in the light of other evidence like telephone conversations and cases before the court, which by themselves, appear to suggest that the gift (s) fell into the genre of “perverting the course of justice amidst a corruption charge of offering gratification to a public officerâ€?. Conviction and Beyond Can a Lawyer convicted of a criminal offence, remain in legal practice, and one as egregious as trying to influence a judicial officer? Obviously not. And this is why Nwobike, SAN will definitely appeal. The capacity of the Appeal Court, and ultimately, the Supreme Court, to arrive at a fair and just hearing of the appeals that will definitely emanate from this trial, will send strong signals about our preparedness as a nation, to embrace minimum standards of probity, integrity and justness, in our justice delivery apparatuses.
Justice Raliat Adebiyi
Poor Remuneration for Judicial OfďŹ cers There are larger issues arising, which I may not comment on exhaustively, chief of which is that, the salaries of Judges and Magistrates are so low, as to be laughable. No serious nation can pay what we pay to our judicial officers, some of whom are allowed by their socio-cultural reality to be polygamists, and expect to attract the best hands to the Bench, or expect even the most honest among them not to, from time to time, anticipate help from their erstwhile learned friends at the Bar, or even friends from outside the Bar. While not holding brief for Nwobike, SAN and the other Lawyers currently undergoing trial, I posit that, we are not yet a serious people! I know of too many honest Judges, who after distinguished careers on the Bench, retired to rented premises, not because they were not successful at the Bar prior to going to the Bench, but because they were civil servants with the Ministry of Justice, and so, even while in law practice, were not opportune to make the humongous amounts of money that exist, in the realm of possibility in law practice. Of course, I do not mean to say that
“CAN A LAWYER CONVICTED OF A CRIMINAL OFFENCE REMAIN IN LEGAL PRACTICE, AND ONE AS EGREGIOUS AS TRYING TO INFLUENCE A JUDICIAL OFFICER? OBVIOUSLY NOT. AND THIS IS WHY NWOBIKE, SAN WILL DEFINITELY APPEAL�
there are no Judges who are actuated more by greed than need, in accepting gratification from the Bar and Public, but Government must cover every loophole of human character, by paying Judges better, in order to attract the best hands. Did you not hear the one about the oil company in-house Counsel, who upon being appointed a Judge, returned to his still available oil company job upon receiving his first salary, which was but a fraction of what he earned in the oil industry? What a loss to the Federal High Court this was! Conclusion Permit me to conclude by quoting Hon. Justice Peter Affen of the Judiciary of the FCT in his aptly titled 2015 paper - “Judicialism: Gasping For Breath Under Our Watch�, delivered on the occasion of the symposium to mark the retirement of Hon. Justice Pearl Enejere from the Enugu State Judiciary: “As far back as 1992, the Law Society of New South Wales made a submission to the effect that: "The question of salaries constitutes one of the Society's major concerns, so far as judicial independence is concerned. The opening up of a 'dispiriting chasm' between the relatively low salaries of those seated on the nation's Benches, and the much more remunerative incomes of the leading practitioners on court floors below them, has been the chief subject of apprehension. The disparity of the incomes of those who judge and those whose arguments are judged by them, has become shameful." It must be recognised that, in the Nigerian Society of today, there is a direct relationship between what someone earns and the status or prestige he enjoys, and it is seriously doubtful that, the status and prestige
of the average Nigerian Judge matches that of even a Local Government Chairman! Whilst Nwabueze did not give any reasons for his assertion that "the argument that Judges should be remunerated out of proportion to the general salary structure in the public service, in order to secure their independence and to compensate them for 'lifelong limitations on additional sources of income’ available to them, is hardly persuasive". Lord Bingham acknowledged the subtle but crucial interconnectedness between judicial independence and remuneration of Judges. According to him: "Financial rewards are not, of course, everything but nor are they nothing. Unless, therefore, the rewards of judicial office (with or without other benefits) are sufficient to attract the ablest candidates to accept appointment, albeit with some financial sacrifice, the ranks of the judiciary must be filled by the second best, those who under our system have failed to make it in private practice, and there would be an inevitable lowering in the standing and reputation of the judiciary and a sea change between advocate and judge. There would also be, I suggest, a loss of those qualities of confidence and courage on which the assertion of true independence not infrequently depends, because these qualities tend to be the product of professional success, not the hallmark of professional mediocrity. This is not mere speculation: one need only look at some other countries with a career judiciary, in which those opting for a judicial career, are by and large the weaker candidates, to see that the judiciary which results, lacks the authority and the standing which we very largely take for granted...[the] maintenance of a strong and independent judiciary is recognised to depend, at least to some extent, on the payment of a reasonable salary: and I believe it to be true, that British judges are on the whole more generally rewarded than their European counterparts (except Germany). Different countries of course have different traditions. Our tradition does, however, depend on the willingness of the most successful practitioners, at the height of their careers, to accept appointment to the judicial bench, and I gravely doubt whether that tradition can be maintained if what the New South Wales Law Society calls a 'dispiriting chasm' becomes too deep.� Lord Bingham's views are, doubtless, thought- provoking, and this presentation, submits that the subject of adequate remuneration for judicial officers, has a direct, if not decisive, bearing on judicial independence, and cannot be lightly wished away. While by no means defending Nwobike and others, I hereby, make a strong case for Government to combat those twin brothers, mediocrity and corruption on the Bench, by radically reviewing the poor remuneration of the Bench. This has often been exploited, by unscrupulous Lawyers. I recommend that the salaries and allowances of Judges, be tied to the salaries and allowances of Senators in Nigeria, and the salaries and allowances of Magistrates to the salaries and allowances of State Assemblymen. Irrespective of what happens in the Court of Appeal, I commend Hon. Justice Raliat Adebiyi of the Lagos High Court, for sending a strong message as contained in her obiter dictum thus: “The message to the society is that, no one is above the law...� The sentence, however ‘light’, is indeed, a strong message to society. We welcome more of such trials and sentences. Ultimately, this is the way to go, if we are not to revert to the Hobbesian state where might is right, and life nasty, brutish and short. Ikeazor Akaraiwe, Legal Practitioner, Enugu, 1st Vice President, NBA (2008-2010)
22.05.2018
/11
INSOLVENCY DISCOURSE DR. KUBI UDOFIA
k.udofia@live.com
Directors’ Personal Liability for Company Debts
D
In contrast to negligence, damages for deceit extends beyond foreseeable losses. It includes gains which the injured party would have made from the contract, and the loss of opportunity to use the money in more profitable ways, but for the deceit: Doyle v Olby (Ironmongers) Ltd (1969) 2 QB 158 at 167A-C.
Introduction
irectors are saddled with the crucial responsibility of directing and managing the businesses of companies: section 244(1) Companies and Allied Matters Act, 1990. Accordingly, it is common for Directors to be (either rightly or wrongly) blamed for corporate defaults, liabilities and failures. The directive by the Central Bank of Nigeria, on 22 April 2015, to banks to periodically publish names of delinquent corporate debtors and their Directors, is an example. This write-up examines the circumstances, in which directors may be personally liable for company debts. The General Principles Directors are not personally liable for company debts. First, a cardinal principle of corporate law, is that an incorporated company has a separate personality from its Directors: Salomon v Salomon (1897) AC 22. It has been rightly held that, even where a Director is the sole signatory of a company’s account, this will not impugn the separate personality principle: J&J Techno Ltd v YHQS Ltd (2015) 8 NWLR (Pt 1460) 1 at 21C-E. Second, given a company’s separate personality, there is usually no privity of contract between Directors and the company’s counterparties: Makwe v Nwukor (2001) 14 NWLR (Pt 733) 356 at 372B-E. Third, where a Director acts within the scope of his authority, he is an agent of the company: sections 65 and 283(2) CAMA; Chartered Brains Ltd v Intercity Bank (2009) 15 NWLR (Pt 1165) 445 at 463C-H. Exceptions to the General Principles Piercing the Corporate Veil A court may lift the corporate veil, where the corporate form is abused or misused in a transaction. Directors will be personally liable, for debts arising from such transactions: Oyebanji v The State (2015) 14 NWLR (Pt 1479) 270 at 292B. Further, section 93 of CAMA imposes personal liability on Directors, for debts a company incurs where it has one or no member for more than six months. Section 246(3) imposes personal liability (for all debts a company incurs), on a Director who knew that the company carried on business after the number of Directors had fallen below two for more than sixty days. Section 290 imposes personal liability on Directors for a company’s debt, which arises where the company receives money or property for a specific contract or purpose, but fraudulently misapplies same: Public Finance Securities Ltd v Jeffia (1998) 3 NWLR (Pt 543) 602 at 614F-615BG. Section 560(1) imposes personal liability on Directors of an insolvent company, who carried on any of the company’s business in a reckless manner, or for fraudulent purposes: Chartered Brains Ltd v Intercity Bank (supra) at 463D. Personal Guarantee Where a Director gives a personal guarantee in a corporate transaction, the Director will be personally liable, if the company defaults: Cham v UBA (2010) 6 NWLR (Pt 1191) 474 at 501H. A right of
action against a Guarantor/Director, will accrue on the company’s default and not on a finding of liability against the director: AIDC v NLNG Ltd (2000) 4 NWLR (Pt 653) 494 at 505G. The guarantee is a contract between the Guarantor/Director and the creditor, giving the latter the standing to enforce same against the Director: Cham v UBA (2010) 6 NWLR (Pt 1191) 474 at 501C-D. Undisclosed Principal Where a Director makes a contract in his name, without disclosing the company’s name or existence, there is a risk that the director may be personally liable in the contract: Ogida v Oliha (1996) 1 NWLR (Pt 19) 786 at 797A. This is notwithstanding that the Director may, in fact, have been acting for the company: BB Apugo & Sons Ltd v OHMB (2005) 17 NWLR (Pt 954) 315 at 340D-E. In Ataguba & Co v Gura Ltd (2005) 8 NWLR (Pt 927) 429, the Appellant who sold a truck to the Respondent, collected the purchase price and issued a receipt in his own name, was held to be the real contracting party. Pre-incorporation contracts An unincorporated company, does not have a separate legal personality from its Directors. Where a Director contracts on behalf of an unincorporated company, he will be personally liable in the contract. The Director’s liability will cease where the company, after its incorporation, ratifies the pre-incorporation contract: section 72 of CAMA. Negligence An injured contracting party, may proceed against either or both the Director and the company in a claim in tort: IfeanyiChukwu Co Ltd v Soleh Boneh Ltd (2000) 5 MWLR (Pt 656) 322B at 349E. Accordingly, a Director may incur personal liability for negligence, where his actions in a transaction has resulted to a corporate debt: Iyere v BFFM Ltd (2008) 18 NWLR (Pt 1119) 300 at 351G-352E. However, a Director may not be personally liable, if he merely performs his statutory responsibilities: Koninklijke Phillips v Princo Digital Disc (2004) 2 BCLC 50 at 53. To prove negligence, it must be shown
that the Director owed the injured party a duty of care, the duty was breached and damage has been suffered: Anyah v Imo Concorde Hotels Ltd (2002) 18 NWLR (Pt 799) 377 at 395H-396A. A Director may only be personally liable for negligent misrepresentation, if he had assumed personal responsibility for the advice given to the injured counterparty, and the latter had relied on that assumption of responsibility: Hedley Byrne & Co Ltd v Heller & Partners (1964) AC 465 at 494. In Edgington v Fitzmaurice (1889) 25 Ch.D 459, Directors issued a prospectus inviting subscriptions for debentures. Contrary to the Directors’ misrepresentation, the aim for raising funds was to pay off liabilities. The Plaintiff, acting on a misrepresentation, advanced money. When the company became insolvent, the Directors were held liable for negligent misrepresentation. Deceit A Director may be liable for deceit, where the Director dishonestly makes a representation which is false and intended to be relied on, and is in fact, relied on: ET&EC Nigeria Ltd v Nevico Int’l Ltd (2004) 3 NWLR (Pt 860) 327 at 350E-H. In GE Commercial Finance Ltd v Gee (2006) 1 Lloyds Rep 337, GE successfully claimed for damages for deceit, against a company’s Chairman who had made statements on fictitious debts to GE. GE had made payments to the company based on the statements.
“A COURT MAY LIFT THE CORPORATE VEIL, WHERE THE CORPORATE FORM IS ABUSED OR MISUSED IN A TRANSACTION”
Inducement of Breach of Contract Third parties who interfere with contracts, may be liable for inducing breach: Lumley v Gye 2 E & B 216 at 232. Under common law, a Director may not be liable for procuring a company to breach its contract, if the alleged tort was committed while performing his statutory responsibilities: De Jetley Marks v Greenwood (1936) 1 KB 863 at 872-873. Whilst Aldous LJ in Standard Chartered Bank v P.N.S.C (No. 2) (2000) 1 Lloyds Rep 218 at 235 suggested that such a Director, would never be liable, Pumfrey J in Koninklijke Phillips v P.D.D (2004) 2 BCLC 50 at 53e-f took a slightly cautious stance, by stating that such would be “rare indeed”. This is a sensible approach. A company is an abstract entity, and acts through Directors. Directors may choose to terminate contracts that are unbeneficial to the company. In exercising their statutory powers, Directors should be free from tort liability. The contrary will undermine the corporate personality principle, and deter Directors from making sound business judgements. There is a remote possibility, that Directors may be liable for conspiring, before a board meeting is held, to induce the board to breach a contract. A Director may rely on a defence of justification, where he induced a breach for the purpose of protecting an equal or superior legal right: OBG Ltd v Allan (2008) 1 AC 1 at 63. Causing loss by Unlawful Means/ Asset Stripping The preliminary ruling in Marex Financial Ltd v Carlos Sevilleja Garcia [2017] EWHC 918 indicates that English courts may hold a Director personally liable, where he strips a debtor- company of assets to frustrate a judgement creditor. Marex got Judgement against the debtor-companies. The debtor-companies’ shadow Director, stripped them of assets transferring $9.5m to himself. Marex sued the shadow Director, for procuring the violation of Marex’s rights under the judgement, and for causing loss by unlawful means. The court ruled that Marex had a good arguable case. These facts are similar to those of Co-operative Bank Ltd v Obokhare (1996) 8 NWLR (Pt 468) 579. P got judgement against D3. D1 (D2 and D3’s Managing Director), closed down D3’s business, transferring its assets to D2. P asked the court to declare D1 and D2 jointly and severally liable, to join in paying the judgement debt. The Court of Appeal, declined piercing the corporate veil, on the ground that D1 and D2 were not parties at the trial court. Conclusion A company is solely responsible for its debts. However, Directors may sometimes incur personal liability. Where personal liability is to be imposed, it should not be done in a manner which suppresses or discourages commercial enterprise, and reasonable exercise of business judgements.
12/
22.05.2018
Lagos State Judiciary Goes Paperless in June Jude Igbanoi In a matter of weeks, filing of all court processes in the Lagos State Judiciary, will no longer be done by paper and manually, as it is set to go digital in its operations. This was stated by the Chief Judge of Lagos State, Hon Justice Opeyemi Oke, at the just concluded Annual Law Week Programme at the City Hall, Lagos. She said the court would soon go digital, with the deployment of an electronic platform. Lagos State Attorney-General and Commissioner for Justice, Adeniji Kazeem, said a technology driven Judiciary, will help achieve better efficiency and quicker results. At the technical sessions with the theme: “Human Capital and the Legal Profession in the 21st century”, the keynote speaker, Lagos Court of Arbitration LCA President Mr. Yemi Candide-Johnson, SAN, said Lawyers must adopt global best practices, as legal services consumers, no longer accept anything less. According to Justice Oke, who was represented by Justice Adeniyi Onigbanjo, an Information and Communication Technology (ICT) Consultant, was working on the digital platform. She expressed optimism, that Lawyers practicing in Lagos, will not find it difficult to migrate to the platform. She said: “It is clear that the Bar and Bench in Lagos, are working in tandem towards bringing the practice of law and adjudication in the State, in line with evolving trends and international best practices. “It has been a pleasure to observe that, Lawyers practicing in Lagos State, have already started moving in line with international best practices and have been most cooperative and understanding of the efforts of the Lagos State Judiciary, as we move along those lines. “We appreciate the fact that, such changes may not be convenient, bearing in mind that most of us are used to the traditional modes of practicing law, but as the theme of the Law Week conveys, the world is moving at a very fast pace, and we cannot afford to be left behind. “So, it behoves on all of us – the Bar and the Bench – to move in line with contemporary trends. Within the Lagos State Judiciary, we are initiating an ICT platform, for the filing of processes at the High Court on an e-platform, in which case, we’re trying to go paperless in the nearest future, but for now, we have started the process. “We have an IT Consultant designing our IT platforms, for the implementation. That is why it gladdens my heart that while we’re doing that from the Judiciary end, the Bar is also moving in tandem with this, and is initiating programmes and sensitising its members on the need for all of us to work together.” Kazeem said the event’s theme was apt, in the face evolving trends of service delivery in all facets
L-R: Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, Chairman, NBA Lagos Branch, Mr. Chukwuma Ikwuazom, Hon. Justice Saliu Saidu and Presiding Judge, National Industrial Court, Lagos, Hon. Justice Bakwaph Kanyip at the 2018 Annual Law Week of NBA Lagos Branch held at Lagos City Hall, Lagos Island
L-R: Alternate Chairman, Mr. Ken Ahia, Chairman, Law Week Committee, Mr. Oyetola Oshobi, SAN and President, Lagos Court of Arbitration, Mr. Yemi Candide-Johnson, SAN
L-R: Executive Director (Regulation), Nigerian Stock Exchange, Tinuade Awe, Country Counsel/Company Secretary, Citibank Nigeria, Mrs. Olushola Fagbure, Mr. Babajide Ogundipe, Chief Legal Counsel, OANDO Plc, Ngozi Okonkwo and General Counsel/General Manager (Commercial Legal), Ifeoma Utah
of economic activity. “I am passionate, about the technology driven system. I am of the belief that, more efficiency and faster result will be obtained, when we put technology to good use. You will agree that, technology has made our lives easier from the way we live, to the way we learn and work. “As a matter of fact, artificial intelligence is no longer a buzzword. It is coming more to life. It has been predicted that in less than a decade from now, most of the work done by humans will be taken over robots and other such artificial creation of man. “This we’re seeing, in areas such as robot- managed factories, driverless cars, electronic filing of documents, and even electronic research assistance. You will agree with me, that, this is not fable and that even the legal profession is not exempted”, Attorney-General said. Candide-Johnson said 20th century ideas, were no longer relevant in legal practice, adding that the 21st century Lawyer, must be globally- compliant. He said such Lawyers, must have collaboration skills and emotional intelligence, must be financially literate, be good in project management, and have technological affinity. Lawyers, he said, must not only know how to run a business and interprete financial statements, they must have sound knowledge of relevant technology, otherwise opportunities will pass them by.
15.05.2018
THE LIGHTER SIDE/13
LEGAL HUMOUR
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Your prompt response to this mail, will be highly appreciated, as I am currently in a dilemma. I paid for a two-bedroom flat in February this year, and because the apartment was in such a bad state of disrepair, I undertook to effect major repairs. I spent so much on the plumbing, and electrical wiring of the apartment. The toilets were bad, and I changed many things in the flat. Last week, the Landlord came and requested that every tenant should contribute money to fix the gate, and I drew his attention to the fact that I had spent so much on repairs in my apartment. That led to a serious argument between us, and other tenants eventually intervened, and some agreed that I shouldn’t be forced to contribute to the money for the gate repairs, because of the expenditure I had incurred in fixing my flat. But to my shock, I received a notice from the Landlord’s Agent the next day, that I should quit the apartment within 21 days, saying that I am quarrelsome, and that other tenants have been complaining about me. I have been calling the Landlord, but he has refused to answer my telephone calls, and I don’t know where he lives. The Agent through whom I paid and moved into the house, told me that he too has been trying to plead with the Landlord to allow me stay, but the man is bent on having me vacate the apartment. What should I do? Please, advice. I.M., Orile, Lagos.
Dear I.M., I advice that you take a copy of the quit notice, including your rent receipt and tenancy agreement, to your Lawyer immediately, and tell him/her exactly what has happened. He/she will contact your Landlord or his Lawyer, and take the necessary steps to ensure that your rights as a tenant are protected. Although, you didn’t not state whether the notice to quit was issued directly by your Landlord or his Lawyer, the law is very clear on this. Under the new Lagos State Tenancy Law, 2011, a yearly tenant requires at least a six- months quit notice. Because the law takes cognisance of the fact that accommodation is scarce and expensive in Lagos, it makes provisions for a tenant who has been issued a six-month’s notice to quit, to even ask for an extension at the expiration of the six months. The other thing you must remember, is that the law provides that the quit notice must be in writing, and it must be given by someone who has the authority to issue it (like the Landlord or his Lawyer). At the expiration of the quit notice, it must be followed by another seven days’ notice, and then a court summons. There is no shortcut, to this process. Your Lawyer should, however, take up this matter with your Landlord, and draw his attention to the correct provisions of the law. I am sure he would retrace his steps, and withdraw the quit notice.
Did you make a donation? At the United Way in a fairly small town, a volunteer worker noticed that the most successful Lawyer in the whole town hadn't made a contribution. This guy was making about $600,000 a year, so the volunteer thought, "Why not call him up?" He calls up the Lawyer. "Sir, according to our research, you haven't made a contribution to the United Way, would you like to do so?" The Lawyer responds, "A contribution? Does your research show that, I have an invalid mother who requires expensive surgery once a year just to stay alive?" The worker is feeling a bit embarrassed and says, "Well, no sir, I'm..." "Does your research show that my sister's husband was killed in a car accident? She has three kids and no means of support!" The worker is feeling quite embarrassed at this point. "I'm terribly sorry..." "Does your research show that my brother broke his neck on the job and now requires a full time nurse to have any kind of normal life?" The worker is completely humiliated at this point. "I am sorry sir, please forgive me..." "The gall of you people! I don't give them anything, so why should I give it to you!" ˾˾˾ What's the difference between a good lawyer and a bad lawyer? A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer. ˾˾˾ As the lawyer awoke from surgery, he asked, "Why are all the blinds drawn?" The nurse answered, "There's a fire across the street, and we didn't want you to think you had died”.
Police: How Lawyer Sold Dead Woman's Property with Forged Document Akinwale Akintunde A Prosecution Witness and Investigating Police Officer (IPO), Mohammed Salisu, has revealed how a landed property belonging to a dead woman, late Mrs. Francisca Awolaja, was acquired with forged document by a Lagos based businessman, Mr. Rotimi Olubeko, without the consent of the deceased's family. Salisu, an Assistant Commissioner of Police (ACP), revealed this while testifying before Justice Oluwatoyin Taiwo of a Lagos High Court, sitting in Ikeja, in the ongoing trial of the Legal Practitioner, Kole Bello, and three others, who allegedly forged a Certificate of Occupancy (C of O) of the land. Bello was arraigned alongside Chukwu Victor, Friday Palmer, and Osumah Terry on October 30, 2017 by the Lagos State Government, on a three-count charge bordering on conspiracy, fraud and forgery. The Defendants, however, pleaded not guilty to the charges. In his testimony, the witness told the court the role each of the defendants played, in the alleged fraudulent acquisition of the land eight years after death of late Mrs. Awolaja who is authentic owner of the land. He informed the court, that he had knowledge of how the Defendants perpetrated the crime, while investigating the matter. According to him, it was based on a petition written by Olubeko to the Special Fraud Unit (SFU) of the Nigeria Police, Ikoyi, Lagos and counter-petition written by the Complainant to the Inspector General of Police (IGP), that got him involved in the investigation of the case. "Initially it was the businessman, Olubeko who wrote petition
to SFU against the Complainant, Mr. Awolaja, the first son of the late woman, based on the petition, Mr. Awolaja was arrested, detained and interrogated by the Police, while the other Defendants wrote statements at SFU as witnesses, in support of Olubeko's claim of ownership of the land against the Complainant. "However, Mr. Awolaja wrote a counter- petition to IGP, and it was assigned to Commissioner of Police at Federal Criminal Investigation Department (FCID), Alagbon Close, Ikoyi, Lagos, which was later assigned to my team to investigate. Based on the petition and counter-petition, IGP sent a signal, that my team should harmonise the case files. "We harmonised the case files, and invited all the parties, but Olubeko refused to honour our invitation, until he was declared wanted. It was in the course of investigation, I knew the role each of the Defendants played, how they went to bank to complete the transaction, and how they impersonated the deceased to sell her land to the businessman, Olubeko with a forged C of O. "Besides, in the process of investigating the matter, an official in the State Ministry of Lands, Olanipekun Cole, also revealed that it was a photocopy of the original C of O in the file at the Ministry that was illegally removed and cloned by the Defendants, to sell the land”, he said. Speaking further, the policeman said that, after the conclusion of their investigation, a report was written recommending allD the Defendants, including Olubeko who bought the land, for prosecution, and it was forwarded to Attorney-General of the State and the office of Director of Public Prosecution (DPP). However, Salisu told the court that, he was surprised that the
COURT STRIKES OUT ALLEGED N10M FRAUD SUIT AGAINST LAWYER CONTINUED FROM PAGE 5 After the issuance of the DPP's advice, the charge came up on June 8, 2017, wherein the court did not sit, it also came up on June 22 and July 6, 2017, wherein the court refused to give effect to the DPP's advice, and instead it pandered to the view of the Complainant, by adjourning the matter to await the outcome of a counter-petition from the Complainant to the AttorneyGeneral of Lagos state.
It was a Petition, written by Bolanle Olugbani, to Lagos State Chief Judge, dated January 28, 2018 and titled: "Petition Against Legally Unjustifiable 10 Months Refusal to Give Effect to DPP's Advice by Her Honor, Mrs. A. T. Omoyele of Court 12 Igbosere Chief Magistrates Court Lagos”, that paved way for Mrs. Omoyele to give effect to the legal advice.
businessman, Olubeko was not among the Defendants standing trial over the offence. He alleged that, Olubeko played crucial role in the commission of the crime, and the DPP earlier recommended him for prosecution, but later removed his name. The witness, under cross-examination by 1st Defendant’s counsel, Ayodele Akintunde, SAN, agreed that it is the duty of the court to pronounce a Defendant guilty or not, and he said the court can never jail an innocent Defendant. He maintained that, the matter was earlier being handled by SFU, before it was transferred to his office, and when the matter got to their office, he was asked to harmonise it, when it was realised that the 1st Defendant had given false information to the Police. The witness said, he did not tender any statement, which he obtained from the 1st Defendant, because he absconded when they were looking for him. He further said, he was aware that the family of the Complainant, instituted a civil suit against Olubeko. He maintained that, in his report, he recommended that Olubeko should be charged for Felony and Stealing, but he was not charged alongside the other Defendants. "I also recommended that the1st Defendant be charged with felony, conspiracy and stealing, because he tendered a fake Certificate of Occupancy, and also collected the sum of N5 million”, he said. Salisu also affirmed that, the 1st Defendant never went to Alausa to steal the C of O, but he was also found to be in the possession of stolen property. All the Defendants were alleged to have committed the offences sometime in December 2001, at Lekki Peninsula Scheme 1, Lagos. According to the charge, the Defendants allegedly conspired among themselves and forged a C of O with reference No. 63/63/1989, dated Sept. 28,1989, “with the intent that it may be acted upon as genuine”. The Defendants, allegedly, forged the C of O, in order to take over a plot of land, which is the Estate of late Mrs. Francisca Awolaja, and also arranged for someone to impersonate the late Awolaja, in order to fraudulently convey her land to one Mr. Olubeko, for the sum of N5 million. The offences, according to the Police, contravened Sections 422, 423 and 467 of the Criminal Law, Cap. C17 Vol.2, Law of Lagos State, 2003. The Defendants pleaded not guilty to the charges.
14/IMAGES
22.05.2018
Last Monday, May 14, 2018, the Lagos State Judiciary held its 1st Bi-Annual Lecture, titled “Judicial Standards, Integrity, Respect and Public Perception: A Comparative Analysis from Independence in 1960 into the Present Millennium�, at the City Hall, Lagos. Here are some of the Personalities that were in attendance...
L-R: HRH, Oba of Lagos, Oba Rilwan Akiolu, Representative of the Vice President, Federal Republic of Nigeria, Mr. Bolaji Aikomo, Representing the CJN, Hon. Justice Bode Rhodes-Vivour, JSC, Lagos State Governor, Mr. Akinwunmi Ambode and Deputy Governor, Dr. Idiat Adebule
Supreme Court Justice Bode Rhodes-Vivour, representing the CJN
Lagos State Chief Judge, Hon. Justice Opeyemi Oke
Governor Akinwunmi Ambode and Hon. Justice Opeyemi Oke
Mr. Bolaji Aikomo, Justice Bode Rhodes-Vivour and Governor Akinwunmi Ambode
L-R: Hon. Justices Adedayo Oyebanji, Sybil Nwaka and Ayisat Opesanwo
L-R: Hon. Justices Toyin Taiwo, Kumbi Oyefeso and Bisi Akinlade
L-R: Chief Felix Fagbohungbe, SAN, Mr. Ebun Sofunde, SAN, Mr. Kayode Sofola, SAN, Chief Wole Olanipekun, SAN and Chief Folake Solanke, SAN
L-R: Elder S.M Olakunri, SAN and Justices Adedayo Akintoye and Folasade Bankole-Oki
22.05.2018
IMAGES/15
Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem
Governor, Mr. Akinwunmi Ambode and Ho. Justice Opeyemi Oke
L-R: Mr. Lanre Ogunlesi, SAN, Retired Justice Hunponu-Wusu and Retired Justice Ishola
Delegation of White Cap Chiefs of Lagos
CJN’s Lament on Political Interference with Judicial Appointments The CJN’s Lament on Political Interference with Judicial Appointments, is fair, but the Judiciary must take a greater share of the blame for it.
A
t the just concluded Lagos State Judiciary’s first Bi-annual Lecture, themed “Judicial Standards, Integrity, Respect and Public Perception: A Comparative Analysis from Independence in 1960 into the Present Millennium”, the Chief Justice of the Federation, Hon. Justice Walter Onnoghen, (ably represented by Hon.Justice Olabode Rhodes-Vivour, JSC), among other issues, highlighted the fact that the appointment of Judges is heavily politicised, and lamented the undue interference of politicians in judicial appointments. According to the CJN, the current system of Judges’ appointment in the country, is such that the Governor of a State might not allow the names of persons nominated for judicial appointment, to be sent to the National Judicial Council (NJC) for scrutiny, if the names of the Governor’s candidates are not included on the list.
We respectfully thank the Hon. Chief Justice of Nigeria, for disclosing these truths. The revelations are not novel, neither have they been unknown to stakeholders in the judicial sector. These are perennial problems, that have plagued the administration of justice in the Country. At the book presentation held in honour of Justice Clara Ogunbiyi, JSC (Rtd) earlier this year, the former CJN, Justice Mariam Aloma-Mukhtar, put it more succinctly, when she said that “It is sad that we allow the rising culture of lobbying, to influence appointments in the Judiciary”, and added that, “Lobbying, favouritism, and ‘godfatherism’, should be discouraged and discarded, as they lead to the fall in standards, and instead of enhancing the institution, they devalue and weaken it, because of incompetence of the personnel”. Access to Justice (A2Justice), has consistently, and for over a long period,
“POLITICAL INTERFERENCE IN THE JUDICIAL APPOINTMENT PROCESS, WHICH OFTEN LEADS TO THE APPOINTMENT OF RELATIVES, ASSOCIATES OR CRONIES OF POLITICAL OFFICE HOLDERS, HAPPENS BECAUSE THE JUDICIARY HAS NOT RISEN TO THE CHALLENGE OF DEFENDING ITS SPACE AND ASSERTING ITS OWN INDEPENDENCE. THE NJC MUST, AND WE SAY THIS RESPECTFULLY, SHARE THE BLAME FOR THIS”
denounced the use of flawed procedures of judicial appointment, to recruit Judges of superior courts, and highlighted the negative impact this has had on the administration of justice. Political interference in the judicial appointment process, which often leads to the appointment of relatives, associates or cronies of political office holders, happens because the Judiciary has not risen to the challenge of defending its space and asserting its own independence. The NJC must, and we say this respectfully, share the blame for this. In 2014, in a bid to strengthen the integrity of the judicial appointment process, the NJC adopted new Guidelines for the appointment of judicial officers (The Extant Revised NJC Guidelines & Procedural Rules for The Appointment of Judicial Officers of All Superior Courts of Record in Nigeria.) However, the NJC has not consistently enforced those guidelines, or resisted efforts to circumvent them. In some cases, the Council has practically given some Judiciaries which flouted those guidelines, what amounted to a free pass, even after complaints about their failure to observe the guidelines were made. This happened with the recruitments of Judges into the Federal High Court in 2015, and the appointment of Judges in Lagos State in 2017. Therefore, the Nigerian Judiciary should not, and cannot now blow hot and cold at the same time, on the subject of political interference in the judicial recruitment process, or pass the buck when it comes to the responsibility of de-politicising the appointment process. The Constitution has given the Judiciary
the autonomy it needs, to effectively resist political meddlesomeness in judicial appointments, and what the NJC needs to do, respectfully, is to insist that State and Federal Judiciaries, faithfully and scrupulously comply with the letter and spirit of the new Guidelines it has made. Where it fails to do so, that failure will create the space for those who have traditionally preyed on the weaknesses of our Judiciary, to continue to do so. The Nigerian people, are keen to hear about practical efforts being made by our Judiciary to end political interference with the judicial appointment process, in the exercise of its endowed powers under the Constitution, because strictures are not enough: no length of moral admonition to political office holders, or denunciation of what they do with judicial appointments, will stop them from wanting to exert some influence over the process. What is needed from the Judiciary, is a tougher resolve and commitment to defend its independence and processes from untoward influences, and greater accountability for its actions. We thank His Lordship, the Chief Justice of Nigeria, for reprising these concerns, and drawing public attention, once again, to the need to restrain political branches, from interfering with the affairs of the Judiciary. We believe, however, that the Judiciary needs to step up to the plate, and do more than it has done in the past, to defend its independence. Joseph Otteh, Director, Access to Justice, and Joshua Nwachukwu, Programme Officer, Acess to Justice
16/
22.05.2018\
32
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
33
˾ TUESDAY, MAY 22, 2018
MARKET NEWS
Milost, Unity Bank $1bn Investment Case Still under Investigation, says SEC Goddy Egene The Securities and Exchange Commission (SEC) has said it was still investigating the $1 billion investment case between Unity Bank and Milost Global Incorporated. Acting Head, Corporate Communications, SEC, Efe Ebelo was quoted by the News Agency of Nigeria (NAN) to have said that anyone found wanting in the case would be sanctioned appropriately in line with laid down regulations. Unity Bank Plc and Milost have been trading words over
planned $1 billion investment in the bank by the United States-based firm. On March 26, the company had said it would no longer go on with its planned investment in the bank as earlier announced by its chief executive officer, Kim Freeman. However, on March 29, Unity Bank denied signing away 60 per cent of its holding structure to Milost for a $1 billion investment. According to the bank, pursuant to various regulators’ advice to the bank in recent times on the need to shore up its capital base,
A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the
the bank with the mandate of its shareholders had engaged in series of discussions and engagement with prospective “value-plus investors”. “Milost Global Inc. is one of the prospective investors introduced to the Bank by a local entity called Mayo BV. It is not unusual that this introduction and expression of interests would involve some level of preliminary discussions and exchange of nonbinding documentary communications between the intending parties towards establishing mutual foundation on which the
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 18May-2018, unless otherwise stated.
transaction contemplated will be initiated,” it said. Unity Bank explained that the “Term Sheet” dated September 4,2017 said to have been executed was a “proposal” submitted by Milost Global Inc. “for discussion purposes only and not a commitment” by the parties. No definitive documentation governing the proposed financing was executed. The bank added that it is in relation to the preliminary discussions that courtesy visits were exchanged between representatives of Milost
and the bank in 2017 and early 2018. “The bank’s managing director/CEO was in New York in October 2017 for other engagements and decided to visit Milost and verify the firm’s address as well as put a face to the officers of Milost that have been engaging the bank via telephone and emails. There was no agreement whatsoever with Milost Global alluding to 60 per cent Unity Bank Plc shareholding. Also, there is no iota of truth in the allegation that the bank had executed a ‘’binding
commitment agreement,” it said. According to the bank, as stated in its previous correspondence, it has been involved in series of preliminary engagements with several prospective investors including Milost. But the bank did not execute a binding definitive agreement with Milost Global Inc. It is therefore a misnomer for anyone to claim that the bank issued a false statement relative to the nature of the communication between Milost and the bank,” it declared.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.84 0.85 2.73% ACAP Income Funds 0.66 0.66 9.05% 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 13.40% 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 20.10 20.70 9.99% ARM Discovery Fund 421.02 433.72 8.21% ARM Ethical Fund 29.20 30.08 6.86% ARM Money Market Fund 1.00 1.00 13.55% 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 159.90 161.02 5.41% AXA Mansard Money Market Fund 1.00 1.00 13.26% 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 13.03% Paramount Equity Fund 12.10 12.40 9.08% Women's Investment Fund 103.46 106.12 2.82% 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 13.49% 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 13.25% Coronation Balanced Fund 1.14 1.17 8.85% Coronation Fixed Income Fund 1.12 1.15 7.79% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,151.64 1,152.34 0.31% FBN Heritage Fund 151.44 152.76 8.63% FBN Money Market Fund 100.00 100.00 13.49% FBN Nigeria Eurobond (USD) Fund - Institutional $113.13 113.54 0.14% FBN Nigeria Eurobond (USD) Fund - Retail $112.97 113.38 0.09% FBN Nigeria Smart Beta Equity Fund 181.74 184.49 12.82% 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 1.40 1.43 7.34% Legacy Debt Fund 3.03 3.03 5.10% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,191.69 3,224.67 6.90% Coral Income Fund 2,606.11 2,606.11 6.50% 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 Nigeria Entertainment 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 13.25% Vantage Balanced Fund 2.23 2.26 5.79% Vantage Guaranteed Income Fund 1.00 1.00 15.66% Kedari Investment Fund (KIF) 120.39 120.79 4.69%
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 1.19 1.21 3.73% Lotus Halal Fixed Income Fund 1,066.24 1,066.24 5.77% 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 14.17 14.29 7.56% Meristem Money Market Fund 10.00 10.00 13.50% 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 128.64 131.03 -0.07% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.58 1.58 6.13% 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 2,412.83 2,433.20 7.58% Stanbic IBTC Bond Fund 184.16 184.16 4.37% Stanbic IBTC Ethical Fund 1.09 1.10 8.42% Stanbic IBTC Guaranteed Investment Fund 234.60 234.66 6.53% Stanbic IBTC Iman Fund 186.66 188.62 4.19% Stanbic IBTC Money Market Fund 100.00 100.00 13.16% Stanbic IBTC Nigerian Equity Fund 10,360.83 10,499.90 7.14% Stanbic IBTC Dollar Fund (USD) 1.09 1.09 2.86% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.34 1.35 0.38% United Capital Bond Fund 1.65 1.65 5.33% United Capital Equity Fund 0.97 0.99 5.78% United Capital Money Market Fund 1.00 1.00 12.79% United Capital Eurobond Fund 105.94 105.94 2.95% United Capital Wealth for Women Fund 1.14 1.15 4.84% 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 13.42 13.63 7.18% Zenith Ethical Fund 13.95 14.11 5.95% Zenith Income Fund 20.15 20.15 6.43% Zenith Money Market Fund 1.00 1.00 13.08%
REITS NAV Per Share
Yield / T-Rtn
11.14 135.24 51.22
1.01% 2.10% 0.77%
Bid Price
Offer Price
Yield / T-Rtn
12.68 158.50 118.78
12.78 161.81 120.95
4.59% 10.95% 8.70%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
5.11 9.71 18.78 20.49 145.73
5.15 9.79 18.88 20.69 147.73
7.80% 1.46% 7.12% 4.16% 6.46%
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.
34
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY MAY 22, 2018
35
36
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
ADVERTORIAL
38
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY MAY 22, 2018
39
40
T H I S D AY ˾ ͰͰ˜ ͰͮͯͶ
41
TUESDAY MAY 22, 2018 ˾ T H I S D AY
INTERNATIONAL
email:foreigndesk@thisdaylive.com
US Will Put ‘Unprecedented Financial Pressure’ on Iran – Pompeo Pompeo’s remarks shows US after regime change in Iran -- senior Iranian official The United States will increase the financial pressure on Iran with the “strongest sanctions in history,” after Washington pulled out of the 2015 nuclear deal with Tehran, Agence France-Presse reported US Secretary of State Mike Pompeo as saying on Monday. “We will apply unprecedented financial pressure on the Iranian regime. The leaders in Tehran will have no doubt about our seriousness,” Pompeo was quoted as saying in his first major foreign policy address since moving to the State Department from the CIA. “The sting of sanctions will only grow more painful if the regime does not change course from the unacceptable and unproductive path it has chosen for itself and the people of Iran,” he added in the speech at the conservative Heritage Foundation think tank. “Iran will never again have carte blanche to dominate the Middle East,” he said in outlining the new US strategy on handling the Islamic regime, including 12 tough conditions from Washington for any “new deal” with Tehran. Pompeo said if Iran were
to abide by the stricter terms, including ending its ballistic missile programme and its interventions in regional conflicts from Yemen to Syria, the United States would lift its sanctions. “We will track down Iranian operatives and their Hezbollah proxies operating around the world and crush them,” Pompeo said. “Iran will be forced to make a choice: either fight to keep its economy off life support at home or keep squandering precious wealth on fights abroad. It will not have the resources to do both.” President Donald Trump has long said the original 2015 deal with Iran -- also signed by Britain, China, France, Germany and Russia -- did not go far enough, and now wants the Europeans and others to support his hardline strategy. “In the strategy we are announcing today, we want the support of our most important allies and partners in the region and around the globe. I don’t just mean our friends in Europe,” Pompeo said.
The secretary of state also warned European businesses who work with Iran in violation of US sanctions that they will be held “to account.” The re-establishment of the US sanctions will force European companies to choose between
investing in Iran or trading with the United States. In reality, there is no choice -- European companies cannot afford to forsake the US market. For now, the European Union is trying to persuade Iran to stay in the 2015 agreement, even without
Washington’s participation. Responding to Pompeo’s remarks, a senior Iranianofficial told Reuters on Monday that they showed US was after regime change in the IslamicRepublic. “America wants to pressure Iran to surrender and accept their illegal
demands ... his remarks showed that America is surely after regime change in Iran,” the official said in reaction to Pompeo’s remarks, in which he said the US would impose the “strongest sanctions in history” against the Iranian leadership.
After Re-election,Venezuela’s Maduro Faces Foreign Backlash Venezuela’s socialist President Nicolas Maduro faced widespread international condemnation on Monday after his re-election in a weekend vote his critics denounced as a farce cementing autocracy in the crisis-stricken oil producer, according to a Reuters report. The 55-year-old successor to late leftist leader Hugo Chavez hailed his win as a victory against “imperialism”. But his main challengers alleged irregularities and refused to recognise the result. Venezuela’s mainstream
opposition boycotted Sunday’s vote, given two of its most popular leaders were barred, authorities had banned the coalition and various of its parties, and the election board is run by Maduro loyalists. The president took 68 percent of votes - more than three times as many as his main challenger, Henri Falcon. However, potentially undermining his legitimacy, turnout was a low 46 percent, compared with 80 percent at the last presidential election in 2013. Thousands of Maduro supporters, many wearing red berets, hugged and danced past midnight outside the Miraflores presidential palace in the capital, Caracas,
showered in confetti in the yellow, blue and red colours of the Venezuelan national flag. The US State Department meanwhile declared Sunday’s vote a “sham” and repeated threats to impose sanctions on Venezuela’s all-important oil sector, which is already reeling from falling output, a brain-drain and creaking infrastructure. Spain led European Union criticism of Maduro. “Venezuela’s electoral process has not respected the most basic democratic standards. Spain and its European partners will study appropriate measures and continue to work to alleviate Venezuelans’ suffering,” tweeted Prime Minister Mariano Rajoy.
In a blistering statement, the 14-nation “Lima Group” of countries in the Americas from Canada to Brazil, said it did not recognise the legitimacy of the vote and would be downgrading diplomatic relations. However, regional leftist allies of Venezuela, from Cuba to Bolivia, sent their congratulations. Though increasingly shunned in the West, Maduro can at least count on the support of China and Russia, which have provided billions of dollars’ funding in recent years. In Beijing, foreign ministry spokesman Lu Kang said China believed Venezuela’s government and people could handle their own affairs and the choice of the people should be respected.
China Looks Forward to Opening Its Giant Market to Nollywood Solomon Elusoji in Beijing Regulators of the world’s second largest film market, China, are open to the idea of opening-up to Nollywood, according to the Deputy Director of the Chinese State Administration of Radio and Television, Dr. Yan Chengsheng. China’s film market is one of the most highly regulated in the world, with only about 50 foreign films being approved to screen in the country annually. But Chengsheng who spoke to THISDAY yesterday at the sidelines of a meeting with a group of African journalists, noted that Nollywood is “important for China.” “We have a lot of theatres and
screens and it will be great to screen Nigerian movies here,” he said. “But that also depends on quality.” Nollywood is the second largest film industry in the world, in terms of volume, and is popular across Africa, Europe and America, but has yet to gain access to the vast Chinese market. Last year, Nigeria’s Minister of Information and Culture, Lai Mohammed, had called for the screening of Nollywood movies in China, noting that such a development would reciprocate Nigeria’s gesture towards Chinese movies, which are shown in the country. Meanwhile, Chengsheng
called for patience regarding Chinese media engagement with Africa. “While telling Chinese stories to the world, we are also willing to tell African stories,” he said. “But the technique and capability of telling a good story needs to be improved. So there may be some cases where we are not doing quite well, but we need time. “All in all, we cherish our friendship with African countries. There will be some misunderstanding, but there is also room for improvement. Sometimes foreign countries try to tell China stories but it is not what we want. In this case, we talk to them. We need time to make progress. But, in general, we feel familiar and want to make great friends with Africa. So I am confident that through deeper cooperation and exchanges, we can improve our capabilities of telling good African stories.” As part of its efforts to deepen cooperation between its media and African countries, China will host the fourth Forum on China-Africa Media cooperation in Beijing next month, where it will seek to deepen its relationship with the continent. “We hope that we can learn from each other experiences and cooperate in promoting practical cooperation. “China and Africa media supplement each other very well. And through cooperation we can have a lot to do,” Chengsheng said.
42
TUESDAY MAY 22, 2018 ˾ T H I S D AY
NEWSEXTRA
At Restructuring Summit, Soludo Proposes Five VicePresidents, Six-year Term Limit for President Ohanaeze defies IPOB, insists on restructuring David-Chyddy Eleke in Awka A former Governor of the Central Bank of Nigeria (CBN), Chukwuma Soludo, has proposed a single tenure of six years for Nigerian presidents. He also suggested five vicepresidents serving at a time — one from each geo-political zone. Soludo made the proposal at the ongoing South-east summit on restructuring Nigeria in Awka, the Anambra State capital. He said having a vice-president from all geo-political zones would ensure the representation of all Nigerians in government. He said: “The tenure of office of the president shall be a single term of six years. There shall be five vice presidents. One from each of the six geopolitical zones.” The former CBN governor aligned his voice with that of various stakeholders across the country who have repeatedly argued that restructuring would help address some of Nigeria’s problems. Proponents of restructuring have said it would help lay to rest the agitations coming from the various ethnic groups. Soludo said to solve the agitations coming from the Igbo, there should be a nation “that works” and that gives everyone a sense of belonging. He said the Igbo demand a new constitution and a constitutional conference — backed by law — “where the people of Nigeria will agree on a new, truly, federal constitution. “A constituent assembly should be constituted to agree on a new constitution for a new Nigeria. “Such a constitution, the people’s constitution, should be approved by the people of Nigeria through a referendum to give it legitimacy and validity.” At the event, the pan Igbo
socio-cultural organisation of the South-east and Igbo speaking parts of the South-south, Ohanaeze Ndigbo, defied threats by the Igbo secessionist group, Indigenous People of Biafra (IPOB), to hold its summit on the campaign to restructure Nigeria. IPOB had threatened to disrupt the event if it held, saying its interest was not the restructuring of Nigeria but the conduct of a referendum for the freedom of Biafra. But Ohanaeze Ndigbo held its summit, calling on the federal government to quickly restructure the country before the general election to ensure its progress and development. Though the event was shunned by South-east governors, save for the host governor (Anambra State), Chief Willie Obiano, was richly attended by members of the group from the South eastern states of the country and beyond. Addressing the summit, Obiano, who welcomed the people on behalf of Anambra State, said: “We have come together today as a family to strengthen the ties that bind us to fellow Nigerians in this big federation. Indeed, there is probably no better time for this conversation than now.” Obiano regretted that in the past 58 years, Ndigbo have worked tirelessly with fellow Nigerians to lay the foundations for a better federation and a more perfect union, and have made the most sacrifices and more often than not, also paid the supreme price for the unity of this country. The governor said: “But we have made these sacrifices in the belief that in the contemporary history of mankind, the road to nationhood is often paved with the blood of patriots. Indeed, Ndigbo have paid the price for Nigeria’s greatness. We paid in blood. We
paid in full. “The future summons us to a brighter dawn! And we must walk in the shadows of our fathers. Yes, our fathers played a major role in Nigeria’s long road to independence. And today, we have gathered to dream of a balanced federation into existence for Nigeria and Nigerians. “I have combed the pages of history and our contemporary times, and I boldly declare that I did not find a perfect human society anywhere. Every nation on earth is a work in progress. Citizens of both advanced and developing countries continue to ask their countries hard questions that will lead them to a better federation, a better nation and a better society. Nigeria cannot be an exception to this rule. So, we must ask Nigeria hard questions too!” Obiano said the pertinent question on everyone’s mind today is ‘what kind of country do Nigerians want Nigeria to be?’ He said that was the question that
will determine Nigeria’s promise; Nigeria’s future and Nigeria’s greatness, and happily, different ethnic groups and geo-political zones have made bold efforts to ask this question in recent times, and as well, Ndigbo were using the opportunity of the summit to ask theirs. President General of Ohaneze Ndigbo, Dr Nnia Nwodo, who spoke at the summit described Nigeria’s constitution as a dead document which needed to be reviewed. He described the country’s constitution as one authored and bequeathed the country by the military and not capable of administering the country equitably. Many speakers, including Chief Emmanuel Iwuanyanwu, Ayo Adebanjo, leader of the South west delegation to the summit, and Air Commodore Dan Suleiman who led the North central delegates, and others took their turns to condemn the current structure of the country. The South-east caucus at the
National Assembly, including serving members of the House of Representatives, Senate and the Speaker of Anambra State House of Assembly moved a motion on restructuring of the country, which was overwhelmingly accepted by all. Senator Enyinnaya Abaribe who spoke on behalf of the members of the National Assembly said the members would do all within their power to ensure that the restructuring of the country was taken seriously in the National Assembly. Deputy Senate President, Ike Ekweremadu, in his address, condemned the caption of terrorist group on IPOB, asking that it be immediately rescinded. Ekwerwmadu joined all Nigerians to support the restructuring of Nigeria, saying the day was historic in Nigeria, and that the National Assembly would continue to network with other members in other parts of the country as no zone can effectively
champion the restructuring campaign alone. He insisted that the restructuring would be beneficial to all, and that no zone can truly claim to be the biggest beneficiaries of the restructuring campaign as doing so would be a win-win situation for all zones of the country. Meanwhile, a mild drama occurred when Nwodo took the stage to address the audience. Some members of IPOB who sneaked into the venue, protested on the mention of restructuring of the country, insisting that only a referendum was acceptable. The group latter came out in protest and destroyed some of the summit materials given to them. Leader of Ijaw nation, Chief Edwin Clark, who also spoke at the event, condemned their actions, while also enjoining them to embrace the quest for restructuring as it was the only way they could achieve their aim of equality in Nigeria.
Tejuoso: Why N’Assembly Included Additional Funding for Primary Healthcare in 2018 Budget The Chairman, Senate Committee on Health, Senator Lanre Tejuoso, has revealed why the National Assembl, included funding for the Basic Healthcare Provision Fund (BHCPF) in the 2018 Appropriations Bill. In a statement delivered to journalists in Abuja, Tejuoso stated that: “While the executive did not include the BHCPF in the 2018 Appropriation Bill submitted to the National Assembly, the Senate embarked upon a phenomenal task of ensuring the inclusion of BHCPF in the 2018 appropriation and its effective implementation. “The Senate mandated its Committee on Appropriation to work out a modality for accommodating the fund in the 2018 appropriation. The Senate Committee on Health through the Technical Advisory Group (TAG) to the Legislative Network on Universal Health Care (UHC) held series of sensitisation, capacity building and media parleys to galvanise support towards implementation of the BHCPF and reiterate the commitment of the National Assembly towards the cause.” Tejuoso added that the push to
ensure that there was increased funding in the 2018 budget was a clear demonstration of the commitment and responsiveness of the eighth Senate, under the leadership of Dr. Abubakar Bukola Saraki, the Senate President, who is also a medical doctor, to ensure that the healthcare needs of Nigerians are met. “I am happy to inform you that the Senate President and the Senate Committee on Health have lived up to their promise to Nigerians by including the BHCPF in the 2018 Appropriation Bill. By this important milestone, we have demonstrated our collective and sustained will to harness and align our human and other resources towards transforming the health landscape in Nigeria. “We have to remain vigilant to ensure that nothing scuttles our collective will towards actualising the dream of affordable universal health care for all Nigerians. It is my vision that one day, Nigeria health care system would be a model for other African countries and the country will be a reputable destination for medical tourism,” the Senator representing Ogun
PEER REVIEW VISIT
Abia State Governor, Dr. Okezie Ikpeazu (left), and his Cross River State counterpart, Professor Ben Ayade, during a state visit to the Ayade industrial park in Calabar ....yesterday.
Troops Kill 35 Herdsmen in Four States Suspected herders kill five persons in Benue George Okoh in Makurdi and Senator Iroegbu inAbuja The Nigerian troops of Operation Whirl Stroke (OPWS) operating in Benue, Nasarawa, Taraba and Zamfara States conducted a four prong clearance operations during the weekend, killing over 35 herdsmen with several others injured. This is as suspected herders last Sunday unleashed another round of terror on Mchia, Logo Local Government Area of Benue State, killing five people. The Acting Director of Defence Information (DDI), Brig-Gen. John Agim, in a statement yesterday, said that the encounter took place during a clearance operation across Gwer West, Logo and Guma LGA’s of Benue State was conducted at the weekend.
Agim noted that the troops made contact with heavily armed herdsmen around lower Benue and a militia camp at chetarer village when they engaged the herdsmen in a gun duel resulting in the death of a soldier. He said: “The troops engaged the militia and followed the pursuit with M135 Helicopter of their air component. This led to a large member of them being neutralized. “In all 35 herdsmen were neutralized and a large number of them escaped with gun shot injuries. However, one personnel was killed in action (KIA), 2 sustained slight injuries but have been treated and discharged. Also, a personnel is still missing in action. “At Umaisha and Toto Villages troops ambushed the militia following a tip off of a planned attack on the two villages. On
the ensuing melee 1 x G3 rifle, 193 x 17.62 mm NATO, 81xG3 rifle ammunition, a locally made pistol and 1 FN magazine filled with round were recovered and one militia was killed,” he added. In a related development, he said one Abdullahi Adamu, the DDI said uspected herdsman at Rukubi in Doma LGA of Nasarawa state was arrested in possession of an ID card of the vigilante group of Nigeria, Nasarawa state command and a photograph in which he posed with an AK47 rifle. He said the suspect is still under interrogation and will be handed over to the police for prosecution after preliminary investigation. Also, he said OPWS in Nasarawa State arrested one Musa Habu aged 32 years at Kolo close to Umiasha Toto Local Government Council. He listed items recovered
from the suspect to include a locally made pistol, two cartridges, Techno phone and N130,000 only. According to Agim, preliminary investigation revealed that the suspected is linked with some suspected militia in the locality. He said the suspect has been handed over to the DSS for further necessary action. In the same vein, Agim stated that OPWS sector 3 Taraba troops on patrol through Kwesati, ManyaGaragun axis made contact with eighght bandits who were arrested armed with two AK47 rifle, one K2 rifle and two locally made guns. He also listed the ammunitions recovered from them to include 56 rounds of 7.6mm, 25 rounds of k2, three cartridge, charms, phones amongst other items.
Cont’d on pg 45
TUESDAY MAY 22, 2018 ˾ T H I S D AY
43
NEWSEXTRA
Nwabueze: Sectionalism, Nepotism Bane of Nigeria’s Development Assault on judiciary greatest threat to democracy, says Kukah Wike insists that citizens must protect institutions Ernest Chinwo in Port Harcourt Renowned constitutional lawyer, Professor Ben Nwabueze, has declared that Nigeria cannot make progress as long as it is being administered as if it belongs to just one section of the country. This is as the Bishop of Sokoto Catholic Diocese, Most Reverend Mathew Kukah, said any assault on Nigeria’s judiciary remains the greatest threat to democracy in Nigeria. Rivers State Governor, Nyesom Wike, has also stated that citizens must protect democratic institutions especially when government agencies join to sabotage arms of government. In his speech as chairman during the public lecture in commemoration of the third anniversary of the administration of Governor Nyesom Wike in Port Harcourt yesterday, Nwabueze said the country belongs to all Nigerians and that any attempt by the leadership to be sectional in the governance of the country would not engender development. He said: ‘We are all Nigerians and we abhor what is happening today. We want an all-inclusive government.” The elder statesman noted that the promotion of nepotism and sectionalism is killing the country. Nwabueze that the country needs to cross the river of pervasion, to stop the several pervasive actions that undermine democracy. He said: “It is the pervasion of
Section 308 of the Constitution of the Federal Republic of Nigeria for the residence of a serving governor to be searched. “You can investigate the governor, but you cannot execute a search warrant on the residence of a governor. If the residence of the president cannot be searched, why should anyone search the residence of a governor?” Nwabueze said the salvation of Nigeria rests with youthful leaders with are expected to drive the development process. He said: “Governor Wike is one of the young people that can take over. My generation is gone. My generation cannot save this country. We are charging Governor Wike as a leader of this generation, with the energy of a youth, to take up the mantle.” In his lecture titled: ‘Democracy in Nigeria: Still Many Rivers to Cross’, the guest speaker and Bishop of Sokoto Catholic Diocese, Most Rev. Kukah, said any assault on the judiciary is the greatest threat to democracy. He decried the recent assault on the judiciary, adding that Nigerians must find a way of developing a country of democrats where democratic tenets can thrive. The cleric said Nigeria needs to invest in the architecture of peace by making the country’s environment sufficiently habitable. He noted that in a sections of the country, there were tales of violence and said there was need to break the circle of violence and replace it an infrastructure of peace.
In his remarks, Governor Wike said the will of the people is critical for the survival of democracy, adding that the only way democracy can function is for the right thing to be done at all times. His words: “The only way for democracy to work in Nigeria is for people to make sure the right thing is done. That does not mean people should take laws into their
A former Special Assistant on New Media to former President Goodluck Jonathan, Mr. Reno Omokri, yesterday reacted to the statement by the Senior Special Assistant, Media and Publicity to the President, Mr. Garba Shehu, that the wife of the former president, Mrs. Patience Jonathan, would be the happiest person if an opposition party wins next year’s election. Omokri, in a statement, advised Shehu to ‘transmission’ with caution,” saying he was forced to respond to “the childishness of the Nigerian presidency under Muhammadu Buhari.” According to Omokri, Shehu ought to understand that Mrs Jonathan was not responsible for the “abysmal failure of the Buhari administration, neither is she a member of the Peoples Democratic Party (PDP).” “Would president Buhari like it if former President Jonathan rehashes the corruption allegations made against First Lady Aisha Buhari, by Senator Isah Misau? “Would the Presidency consider it fair game to highlight the fact that Yusuf Buhari, who does not have a job and has not served in the National Youth Service Corp (NYSC) as mandated by law, was in possession of a multimillion BMW power bike even though his father told the country that he had to borrow to pay for his APC presidential nomination form? How did he get the funds for
such an expensive possession?” he questioned. Furthermore, Omokri said in terms of corruption, Transparency International, had said the Buhari administration was more corrupt than the Jonathan government. He said: “Whereas under Jonathan, Nigeria made her best ever improvement on Transparency International’s Corruption Perception Index, moving eight places forward from 144 to 136 in 2014, today, Nigeria has made her worst ever retrogression under President Buhari, moving backwards 12 places from 136 to 148. This is a fact. “Mr. Shehu should stop speaking trash even though his name, Garba, rhymes with Garbage. Rather than blame Dame Patience Jonathan, for his boss’ loss of popularity, he should explain to Nigerians why the $25 billion contract scam at the Nigerian National Petroleum Corporation (NNPC) has not been investigated till today. “Garba should also explain why subsidy payments, which his boss termed ‘a fraud’ have jumped to N1.4 trillion per annum yet the price of petrol has doubled to N145 from N87? “If petrol prices go up then subsidy should go down. If subsidy goes up, then petrol prices should go down. It is mathematically impossible for subsidy to go up at the same rate and time price goes up.” Omokri added: “Mr. Shehu should also tell Nigerians who
government would always rise in defence of the mandate of the people, irrespective of the negative actions of anti-democratic forces. The governor noted that it is not in the interest of democracy for the people to sit idly and allow criminal elements undermine democracy. “The system in Nigeria has intimidated the judiciary and INEC. If the people did not resist
the invasion of the court, APC and police would have gotten away with it,” he said. He said opposition leaders in Rivers State play self-centred politics which makes it difficult for them to appreciate the state-wide development. Former governor of the state, Dr. Peter Odili; High Court judges, legislators, traditional rulers and the academia attended the event.
Corpse of 15-year-old Lad StirsViolence in Jos Three killed in fresh attack on Plateau village Seriki Adinoyi in Jos Farin-gada in Jos North Local Government Area of Plateau State was yesterday thrown into pandemonium following the discovery of a mutilated corpse of a 15-year-old boy identified to be the son of the community leader of the area, Chief Joseph Zarma. He was allegedly murdered by some unknown persons and dumped beside a river in the area. This is even as some unknown gunmen have killed three in a fresh attack in Nding village of Fan district of Barkin Ladi Local Government Area of the state. The murder of the son of the community leader triggered violent protest among residents who accused the Hausa community of the murder, leading to a clash between the indigenes and the
Omokri: Presidency, Garba Shehu Should ‘Transmission’With Care on Patience Jonathan Obinna Chima
hands.” He referred to the incident of May 11 in which some youths believed to be members of the All Progressives Congress (APC) shut down the state High Court complex under the watch of policemen as a coup and said the situation would have lasted perhaps for days but for the intervention of citizens who went to reopen the courts. He declared that the state
recalled, reinstated and double promoted Abdulrasheed Maina, the biggest alleged thief in Nigeria’s civil service history. Maina was dismissed by the Jonathan government and recalled by the Buhari administration. “Nigerians may further recall that Maina was said to have been given armed guards by Junaid Mohammed. Nigerians may further recall that the Attorney General of the Federation went to court to halt a Senate probe meant to unravel the Maina mystery. “While he is at it, Garba Shehu should tell Nigerians when Babachir Lawal will be prosecuted because we hear that he is in charge of President Buhari’s re-election campaign in Adamawa state. “Nigerians are also interested in knowing who the $43 million found at Osborne Towers in Ikoyi Lagos belongs to as well as why the Executive Secretary of the National Health Insurance Scheme, who was indicted by the Minister of health for misappropriating 10 billion, was reinstated. “These and other cases of unprecedented corruption, incompetence and cluelessness are why Nigerians want to Change the Change and not because of Dame Patience Jonathan. “Finally, Garba Shehu is advised to ‘transmission’ with caution. This is Nigeria, not West Germany. He should further remember that 97 per cent plus five per cent equals 102 per cent not 100 per cent.”
Hausa in the nearby tomato-market. As the violence escalated and vehicles torched, soldiers with the Special Task Force (STF) were immediately drafted to the area to restore peace. The Media Officer of the STF, Major Adams Umar, who confirmed the incident in a statement, added that his men in conjunction with other security agencies in Plateau State are on the trail of the cult groups responsible for the murder.
He added that his men are also trailing miscreants terrorising Angwan-Jarawa, Gada Biu and Bukuru areas of both Jos North and Jos South Local Government Areas. Umar said normalcy has returned to Farin-gada following deployment of troops to the area. Meanwhile, the attack on Nding village was confirmed by the state Police Public Relations Officer, Mr. Terna Tyopev, who said the gunmen at about 6:15p.m. last
Sunday, laid ambush and killed Paul Menshask, Maveng Yakubu and Branaass Samuel, who were returning from their farms. Tyopev said when the incident was reported to the police, he rushed to the scene where they found the bodies of the victims, adding that the police have commenced investigation. He added that the district Head of Fan in Barkin Ladi Local Government Area narrowly escaped death after he was attacked in his house by unknown gunmen.
44
TUESDAY MAY 22, 2018 ˾ T H I S D AY
NEWSEXTRA
Finance Commissioner: Monthly IGR in Lagos Rises to N34bn Says N50bn revenue target by 2019 still on course Gboyega Akinsanmi The Lagos State Government yesterday said it has so far achieved an average monthly Internally Generated Revenue (IGR) of N34billion in 2018 compared to monthly averages of the last three years. The Commissioner for Finance, Mr. Akinyemi Ashade, who disclosed this at the ongoing annual ministerial press briefing to mark the third anniversary of Governor Akinwunmi Ambode’s administration held at Bagauda Kaltho Press Centre in Alausa, attributed the gradual improvement to the impact of the ongoing reforms and growth in the state’s economy. He said: “Notably, we are recording gradual improvement in our average monthly IGR in 2018 compared to the levels achieved in previous years due to the impact of ongoing reforms and growth in the state’s economy. Based on our first quarter results, Lagos State has so far achieved an average monthly IGR of N34billion in 2018 compared to monthly averages of N22bn, N24bn and N30bn in 2015, 2016 and 2017 respectively.” The commissioner expressed optimism that the IGR would continue to rise even further as the state continues to implement the various reforms, driven by wider technology adoption and innovation, adding that the target to grow the state’s IGR to N50bn by next year was well on course. “The target we set for ourselves is N50billion but we all know the kind of push backs we have experienced including people going to court and all that. Our commitment is not for now, its for the future of Lagos. We know it’s a marathon, we would win some and we would lose some, but we are very committed towards ensuring that we meet the target, but if we don’t meet it this year,
definitely there would be another year, but we believe we would succeed in that target we set for ourselves,” Ashade said. On federal transfers, he said since Lagos joined the league of oil producing state, the Government had received a total of N327million revenue, comprising N197million and N130million received in 2017 and first quarter of 2018 respectively. “Furthermore, we are in ongoing discussions with the federal government towards obtaining a refund for expenditure totalling N51billion that was incurred by the state government on behalf of the federal government for infrastructure projects developments in the state. We are optimistic of successful discussions that will result in the approval and payment of the amount owed to the state government by the federal government,” he said. Giving an update on the state’s debt profile, Ashade said the government’s debt stock, comprising 48 per cent local debt and 52 per cent foreign debt currently stood at N874.38billion at the end of 2017 while the debt service charge to total revenue ratio which stood at 17.61 per cent was still within the World Bank threshold of 30 per cent. The commissioner said the state government has continued to maintain a positive credit rating, however, adding that a downgrade of Nigeria’s sovereign rating would lead to a corresponding action on Lagos’ international drawing rights. “As Nigeria continues to improve on its credit rating, we would be able to achieve better rating as we currently have because no amount of revenue generation, no amount of employment growth of Lagos State can make us surpass to surpass the sovereign rating,” he said. He, however, said that the state government has taken some strategic steps to help Nigeria improve on
Lufthansa’s Frankfurt-Lagos Flight Makes Emergency Landing over Technical Problem Chinedu Eze Lufthansa’s flight LH569 with 204 passengers from Frankfurt to Lagos on Sunday developed electrical problem few hours after takeoff, prompting the pilot-in-command to take precautionary measure by diverting the airplane to Tamanrasset Airport, Algeria (TMR). THISDAY gathered that unusual smell of burning cable in the cabin was perceived by both passengers and crew, which was subsequently followed by electrical smoke, forcing the pilot to declare May Day for emergency landing in southern Algeria. The passengers, who were mainly Nigerians, were still in Algiers when this report was filed yesterday, but the airline in a statement said it would dispatch another flight to airlift them to their destination in Lagos, while thorough examination would be done on the operating aircraft. “The Airbus A330 aircraft with 204 passengers on board has
landed safely in TMR and is currently being examined by technicians. The safety of passengers and crew is Lufthansa‘s number one priority at all times. “Passengers will continue their journey to FRA today (May 21) with another Lufthansa aircraft sent from Germany. Lufthansa apologizes for the inconvenience caused.” Recently, Lufthansa flight from Abuja to Frankfurt made sudden descent of about 3,000 meters due to turbulence. Petrified passengers in that flight blamed the pilot for not preempting the bad weather, as the flight descended rapidly from 35,000 feet to 5,000 feet. According to reports, trouble started shortly after take-off when the plane descended so rapidly that passengers feared it was going to crash, but the airline admitted the descent, saying it was minor descent made by the pilot to avoid the area of turbulence. A passenger who was on-board said the aircraft crew, however, declined to make a stop at a nearby airport in spite of pleas from passengers.
Receives N327m from 13% oil derivation
its ratings including adhering to fiscal discipline, improved revenue generation, reforms in infrastructure development, transport and embedded power. Giving an update on the revised Land Use Charge (LUC), Ashade said the State Government has continued to engage critical stakeholders in line with its tradition of inclusive governance, adding that a wide range of response have been received. He said the extensive discussions led to several concessions on Land Use charge for property owners across board, adding that a revised bill to further amend the LUC Law to incorporate the additional concessions was presently before the House of Assembly and would be passed soon. Besides, the commissioner said the government through the LUC AssessmentAppeal Tribunal, received a total of 1,503 complaints, out of which 1,113 were successfully resolved administratively and through
mediation, adding that an additional 263 property owners/agents had their grievances resolved in the last two weeks and more still ongoing. Ashade also urged residents to continue to support the government by fulfilling their civic duty of paying their taxes and remitting all taxes collected on behalf of the government as and when due, assuring that the present administration was committed to maintaining financial accountability and transparency for the overall development and prosperity of the state. Meanwhile, after about three months of sustained public engagement, the Lagos State Government yesterday disclosed that the process of amending the Land Use Law, 2018 had been completed, noting that its legislative arm would soon pass the amended bill into law. The state government added that the revised bill would incorporate all concessions that the state Governor, Ambode, approved at the instance
of public complaints that the law might put property owners under undue hardship. Ashade noted that the last public hearing on the revised law had been held with a record turnout. The state government had on March 15, 2018 reduced commercial charges by 50 per cent; property occupied by owner and third party and property used for industrial and manufacturing purposes by 25 percent and owner-occupied property by 15 per cent. The state government had also introduced instalmental payment system for property owners across all categories and completely waived penalty regime for late payment of land use charge, thereby providing additional reliefs to property owners. The commissioner noted that the State House of Assembly “will soon pass the amended Land Use Charge Bill, 2018 into law” to accommodate all additional
concession that Ambode had earlier approved. Unlike previous public hearings, Ashade said various private sector groups, individuals participated actively at the public hearings, giving their feedback either verbally or through memoranda submitted to the relevant committee in the assembly. He noted that the state government received 1,503 complaints, saying 1,113 of the complaints had been successfully resolved administratively and through mediation alongside 263 property owners whose grievance was resolved last fortnight. He urged residents “to continue to support the government by fulfilling their civic duty of paying their taxes and remitting all taxes collected on behalf of the state government as and when due. This administration is committed to maintaining financial accountability and transparency.”
CSR IN ACTION
L-R:Taraba State Commissioner for Urban and Regional Planning,, Hon. Hassan Beppah; Principal, Precious Kids International School, James Ayagwa; Branch Leader, Jalingo, Fidelity Bank Plc, Kabir Abdurrahman; Head, Corporate Social Responsibility and Sustainability, Fidelity Bank , Chris Nnakwe; Wife of the state Governor, Mrs. Anna Darius Ishaku, and Regional Bank Head (RBH), North-east, Musa Tarimbuka, at the formal unveiling of special learning aids and other materials donated by the bank to Precious Children School in Jalingo.... recently.
Catholic Church Holds Nationwide Protest Today over Herdsmen Killings Paul Obi in Abuja In a more strategic approach against the wanton Fulani herdsmen killings, the Nigerian Catholic Church will today stage a nationwide protest to vent their anger over the brutal and incessant killings perpetuated by Fulani herdsmen mostly in the Middle Belt, Adawama, Edo, Enugu, Ondo States and other parts of the country. Reports have indicated that more 2000 Nigerians have been killed by herdsmen across the country, with the federal government and security agencies lacking the ability to contain such killers. Last month’s killing of two Catholic Priests, Rev Fathers Joseph Gor and Felix Tyolaha, irked the Catholic Bishops Conference of Nigeria (CBCN), where the body in a strong worded letter asked President Muhammadu Buhari to resign from office having failed to curtail herdsmen killings in the country. The CBCN is the highest
decision-making body of the Catholic Church - with a population of about 22 million worshippers, which many see as a portent voting strength ahead of the 2019 general election. According to sources, the protest is meant to send a clear message to the Buhari’s government over the deterioration of governance in the last three years. But in a statement to herald the essence of the protest, Catholic Archibishop of Abuja Metropolitan See, His Eminence, John Cardinal Onaiyekan, expressed the Catholic Church’s concern over the rampant Fulani herdsmen killings and President Buhari’s lack of a clear-cut remedy to the heinous killings. Onaiyekan said: “Because of the barbaric killing of human beings in Nigeria, and erosion of the perception of life as sacred and in union with the Diocese of Makurdi, we want to express our deepest displeasure over the ugly happenings in our country and pray for the nation.
“Trouble makers should please keep-off. I want this march and prayer to be peaceful from the beginning to the end and to send a powerful message to the government of our country and the rest of the world for positive change,” the Cardinal stated. Also, the CBCN President and Archbishop of Benin, Most Rev. Augustine Akubeze, Catholic Bishop of Sokoto Diocese, Most Rev. Mathew Hassan Kukah, Bishop of Makurdi Diocese, Wilfred Anagbe, Bishop of Gboko Diocese, Willaim Avenya and other bishops are expected to lead the protest in Makurdi, the Benue State capital where the burial of the two priests killed by herdsmen would take place. Speaking with THISDAY, Kukah explained that “what we are trying to do is not just about killings by herdsmen, we are trying to draw attention to the sacredness of life. “We can’t continue like this as a country; people are being killed aimlessly and recklessly, people are
being lost, and the impression you get is that nobody seems to care, and it’s not just about Christian lives but about Nigerian lives. “We just want to use the killing of the two priests and their worshippers as a catalyst and as a huge reminder for the government to appreciate that the only reason why people are in govetnment is not just to build roads and bridges but to protect lives and property also,” Kukah submitted. On plans for the nationwide protest, the Director of Communication, Catholic Secretariat of Nigeria (CSN), Rev. Fr Chris Anyanwu, said all bishops, priests and Catholic faithful are expected to participate in the rally across the 56 diocese spread around the country. Anyanwu added that each bishop is to lead the peaceful protest in their domain to press home the church demands and the urgency to stop Fulani herdsmen killings and ensure good governance.
TUESDAY MAY 22, 2018 ˾ T H I S D AY
45
NEWSEXTRA
FG, IOCs Plan N1.7tn Investment Programme for N’Delta Region Says 11,000 development contracts in region handled by indigenes Chineme Okafor inAbuja Between now and 2021, a space of two years, the federal government and International Oil Companies (IOCs) operating in the Niger Delta region will contribute up to N1.7 trillion to be used for the development of the infrastructure and social economy of the region, an aide to the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has disclosed. Speaking at the 2018 Sustainability in the Extractive Industries (SITEI) conference yesterday in Abuja, Mr. Charles Achodo who is Kachikwu’s Technical Adviser on Niger Delta Affairs, explained that the fresh funding would be used for short and medium term development projects in the region. Achodo did not disclose the
nature of projects to be funded with the money, but stated that it was part of a compact development plan for the region. “When you look at the Niger Delta Development Compact which we have, which covered the short term, medium term, from now till 2021, you are looking at a total investment of N1.7 trillion that is earmarked for the region and that covered what the oil companies are putting into the region, what government agencies are putting into the region and all kinds of investments that is required in that region,” said Achodo. He equally disclosed that about 11,000 of all the existing contracts procured by the Niger Delta Development Commission (NDDC) to develop the region were held by companies and individuals from it.
Police Capture Two Principal Suspects of Offa Armed Robbery Senator Iroegbu in Abuja The Nigerian Police have captured two out of four gang leaders and principal suspects of the deadly robbery incident at a bank in Offa, Kwara State. The Force Public Relations Officer (PRO), Moshood Jimoh, in a statement yesterday, said investigation into the robbery attack on April 5, 2018, is still ongoing with significant progress and successes being recorded by the day. According to him, “Two out of the four gang leaders and principal suspects who were declared wanted and their pictures circulated to the media and the public on May 4, 2018, in connection with the Offa bank robbery have been arrested by the joint police investigation team and are now in police custody. “These two vicious and notorious suspects now in police net, confessed to being the gang-leaders of their groups.” He said one of the principal suspects, Kunle Ogunleye aka Arrow, 35, a native of Kwara State, was arrested on May 20, 2018, in Oro town in the state. The police spokesman noted that Ogunleye’s pictures were one of those displayed while he was participating in the bank robbery and after he was arrested. Jimoh also disclosed the second suspect as Mr. Micheal Adikwu, a
native of Apa in Benue State. He said the captured gang leader was a dismissed policeman “who was arrested, tried and dismissed from the force and charged to court by the police in 2012 in Kwara State for criminal conspiracy and aiding the escape from lawful custody of armed robbery suspects.” According to Jimoh, Adikwu served three years in prison and subsequently found his way out in 2015. “He became a vicious and notorious gang leader of armed robbery syndicate wanted for several armed robberies in Kwara and other states in North Central and Southwest. He was arrested by the joint police investigation team in Kwara State two weeks ago,” Jimoh stated. The Force PRO stressed that the arrest of these two gang leaders had brought to 22 suspects arrested so far in connection with the Offa banks robbery. He said the two suspects had confessed to the crime and admitted to the various criminal roles they played in the Offa banks robbery. Jimoh said they would be charged to court on completion of investigation. He also noted that the Nigeria Police Force is deeply appreciative of “members of the public for the timely information leading to the arrest of most of the 22 suspects now in police custody.”
TROOPS KILL 35 HERDSMEN IN FOUR STATES He said the suspects and items will be handed over to DSS for further investigation. Meanwhile, suspected Fulani herders last Sunday unleashed another round of terror on Mchia, Logo Local GovernmentAreaofBenueState,killing five people. The Chairman of the local government area, Richard Nyajo, told a journalist on the phone that the herdsmen stormed the village at about 9p.m. and opened fire on the people most of whom were still out trading. He said five persons were killed instantly with several others sustaining serious injuries. “Yes, I can confirm to you that the
herdsmen attacked my village (Mchia), killing five persons and injuring many others. After the attack, they withdrew throughArugu,avillageclosetoAnyiin. The villager traced their footsteps and discovered some bank ATM cards which will be given as evidence to security personnel to investigate. They were 10 in number,” he said. The chairman also said soldiers in the area went after the attackers but “we do not know what happened afterward,” adding that he has deposited the corpses as well as the injured persons at the General Hospital in Anyiin. However, the police and the army are yet to confirm the latest killing in Logo.
According to him, while the indigenes held this amount of NDDC contracts, they have however failed to make them count for it. He restated an earlier disclosure by Kachikwu in 2017 that up to $40 billion had been spent in the region without results to show, adding that at the moment, it was difficult to see a N1 billion worth of social investment in the region. “From the government, to the IOCs, to the people, there is lack of active citizenship participation in asking solid questions regarding how funding is deployed. The Niger Delta has become a cacophony of voices but without a purpose, it has also become a region with a cacophony of all kinds of projects. “If you look closely from the past 10 years, up to $40 billion has been made available for that region and you can never tour the Niger Delta and see a N1 billion or a N500 million investment, but I am telling you, collectively, for the past 10 years, that was what
has gone into that region,” said Achodo. Continuing, he explained: “That amount was basically what was invested through NDDC and the ministry of Niger Delta. If you check them, for instance, the NDDC has close to 11,000 contracts. With these contracts, mostly owned and held by people from the region, then you can understand that we are the ones doing ourselves in for not implementing those projects. “11,000 contracts and if you distribute them all along, you are looking at close to $40 billion in terms of investment. Go to the ministry of Niger Delta, it is the same thing.” “We have to review the way we deliver programmes in the Niger Delta. We have to change the institutional strategy that is being adopted in the delivery of development projects in the Niger Delta. “Get organisations like Julius Berger, deploy them and release those resources for them to
begin to build the region. That is an accepted way, provided the people in the region would not be angry that that money should be given to them. The institution and modality for delivering the development should be changed,” added Achodo, who also picked holes on the government’s amnesty programme. According to him, the challenges of the region are weak institutions which include the government been unable to provide security for IOCs there. “It is unfair that we expect the oil companies to build roads for you, but oil companies do this because there is marked absence of government institutions to do them. You look at issues of security, oil companies have security. Why would oil companies have security? It is because the security structure and institutions are weak,” he noted. Similarly, founder of CSR-InAction and convener of SITEI, Mrs. Bekeme Masade disclosed that one of the major causes of
conflicts in Nigeria’s extractive sector was the failure to build viable structures and procedures for host community engagement and benefit sharing. Masade, noted that when host communities of minerals are closely consulted and are agreements with other stakeholders, there would be some level of order in engagements therein. “The mandatory community development agreement between mining companies and their host communities as contained in the Nigeria Minerals and Mining Act (NMMA) of 2007 holds a lot of promise for stemming violence as it clearly promotes equitable community governance and benefit sharing structure in the mining industry. “However, when one looks more closely, there is room for work; an actual template, perhaps, a procedure for implementation, checking on progress and timelines,” she stated.
PROJECT FLAG-OFF
L-R: Chairman Senate Committee on Land and Transport, Senator Gbenga Ashafa; Minister of Power, Works and Housing, Mr. Babatunde Raji Fashola; and the General Manager, Arab Contractor, Mr. Wael Salem, during the flag-off rehabilitation of Ikorodu-Shagamu Road by the minister in Ikorodu, Lagos..... yesterday SUNDAY ADIGUN
CJN: Weak Judiciary, Recipe for Anarchy, Impunity Alex Enumah in Abuja The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, yesterday stated that a weak judiciary is a recipe for anarchy, impunity, poverty, underdevelopment and instability. The CJN, however, asserted that the entrenchment of the rule of law, which is the corner stone of any democratic system, can strive if the judiciary dispenses justice fairly, timely and justly. He stated this while declaring open a one-day symposium for judges and jurists on Section 84 of the Evidence Act, 2011. The symposium organised by the National Judicial Institute (NJI) was aimed at providing participants the opportunity to brainstorm and share knowledge on the law of evidence.
Justice Onnoghen, therefore, called on judges “to do everything possible to nurture, consolidate and develop the country’s nascent democracy. “Brother judges, distinguished ladies and gentlemen, our nascent democracy has to be nurtured, consolidated and developed. This duty, no doubt, imposes on all of us severe obligations and conscious efforts. “The entrenchment of the rule of law which is the corner stone of any democratic system will only translate to a mere mantra unless the judiciary does not only dispenses justice, but also seen by the citizenry to be doing so fairly, timely and justly. “A weak Judiciary is a recipe for anarchy, impunity, poverty, underdevelopment and instability.” He remarked that the advent of
technological development and the consequent evolution of paperless transactions have permeated every sphere of life, and the legal system is no exception. “In the event of disputes involving transactions conducted through electronic means, parties are bound to rely on electronic evidence of such transactions. “The amendment of the Evidence Act 2011 was intended to provide for the use of such electronic evidence in court proceedings. “Prior to this amendment, the admissibility of electronic evidence in court proceedings had been shrouded in controversy due to the absence of specific provisions in the previous Act. “In light of the foregoing, this symposium shall serve to shed light on the grey areas of the Evidence Act 2011 with particular regard to
Section 84 of the Act.” The CJN also harped on the need for judges at all levels to appreciate how Section 84 of the Evidence Act is applied, urging judges not to be in a haste in delivering rulings or judgments when issues pertaining to the noncompliance of Section 84 are raised. The judiciary, he said, must be seen as a bastion of hope and freedom for the common man and an uncompromisingly fair umpire in the eyes of litigants and the public. Onnoghen commended the NJI Administrator, Justice Rosaline Bozimo, for her quality leadership, noting that the Institute under her has become much more visible, proficient and proactive.
46
T H I S D AY ˾ TUESDAY, MAY 22, 2018
TUESDAYSPORTS Ebola Notwithstanding, Eagles’ Friendly with DRC Will Go Ahead, Says FG
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
AHEAD OF RUSSIA 2018
Omololu Ogunmade in Abuja Despite repeated calls for the cancellation of international friendly match between Super Eagles of Nigeria and DR Congo on May 28 in preparation for the 2018 World Cup, the federal government has insisted that the match would not be called off following the festering outbreak of Ebola virus in the country. Making this declaration after a closed-door meeting with President Muhammadu Buhari in the State House, the Minister of Sports and Youth Development, Solomon Dalung, said Nigeria would not be cowed by the outbreak of the deadly disease. According to him, instead of cancelling the match, machinery would be put in place for a thorough screening of the players before their take-off in DR Congo and upon their arrival in Nigeria. According to him, “the players will come to Nigeria in a chartered flight and nobody else
will be allowed to arrive the country for the match through any other means except the chartered flight,” the minister affirmed. Dalung, who said the Ministries of Sport and Health are collaborating effectively to ensure that thorough screening of the players and their allies is carried out before the kick-off of the match, added that it had been discovered that the disease is domiciled only in one place and has not spread to other parts of the country. He also said ensuring that the match was allowed to take place had become compelling because its cancellation might be counter-productive for the country in future. “Nigeria is going to play the friendly with DRC. I have discussed with the Federal Ministry of Health, with the World Health Organisation. We have reviewed the situation and received adequate information about it. So, we have agreed on major approaches. One, the
DRC team is coming through a chartered flight and those coming for the match will be using that chartered flight and they would have been screened from the DRC and they will be screened here in Nigeria. “There is going to be no any other person that is going to be admitted using any other means of transportation for the match. We also discovered that the Ebola outbreak is limited to a particular place and it has not escalated. So, we wouldn’t want to run the risk of setting
a precedent which we will later be a victim of,” he said. Dalung also said Nigeria was not going to Russia for the tournament as a spectator but as a contender with the determination to bring the cup to Nigeria in July adding that the promise made to the Eagles by the authorities that their earnings would be paid upfront would be kept. “We are going to Russia as contestants and not as participants. As to what stage will Nigeria reach this time,
we are not going there to end mid-way. “We are going there for the cup and we will do everything possible within our best to make sure that we get to realise our ambitions. Very soon, I think after their match in Port Harcourt, we will hand over promises we made to them which is paying them all their allowances upfront before the move,” Dalung added. The minister also said he was satisfied with the selection of the World Cup squad by the
Super Eagles Technical Adviser, Genot Rohr, explaining that he had been given the free hand to make his own choices of the players without any interference. “Yes, I am satisfied. This is because the grand rule I gave was that the National Technical Adviser should be given a free hand to determine the team at every stage - no interference. Nobody should even suggest anything to him. So, that is his judgement,” he explained.
424 Security Operatives for Eagles, Atletico Friendly in Okon Bassey in Uyo Akwa Ibom State Police Command is to deploy 424 policemen to maintain security before, during and after the international friendly between Super Eagles and Atletico Madrid FC of Spain. The Police Public Relations Officer (PPRO) of the Command, DSP Odiko MacDon disclosed this in a statement issued on Monday. The match scheduled to hold this evening at the Godswill Akpabio International Stadium in Uyo is scheduled to kick off at 6.00pm. He said the Police Command is to maintain security during the match in collaboration with sister security agencies and stakeholders in sports administration. “The Akwa Ibom State Police Command in collaboration with sister security agencies and stakeholders in sports
administration are working assiduously to facilitate adequate security in accordance with international Standard to ensure a hitch-free International friendly match between the Super Eagles of Nigeria and Atletico Madrid Fc of Spain. “The Command is determined to ensure that soccer loving Nigerians and visitors enjoy the football match in a peaceful atmosphere devoid of infractions. The Commissioner of Police, CP Adeyemi Ogunjemiluisi, enjoined all soccer loving fans visiting the Nest of Champions and the state to conduct themselves in orderly and hospitable manners during the game and after as the Command will not hesitate to deal decisively with miscreants and hooligans who may want to take undue advantage of the existing peace and security in Akwa Ibom State, he stressed,” he concluded.
Zumratu Islamiya Wins Opeifa Secondary School H’ball Championship Zumratu Islamiyya Senior Secondary School Yaba, last Friday defeated Lagos City College Yaba, 29-16 to emerge champion in the senior category of the just concluded season 4 of the annual Opeifa Handball Championship among schools. All Lagos Secondary Schools Handball Championship held at the Rowe Park Sports Centre Yaba, Lagos, and in other results, Wesley Girls Senior High School outscored CMS Girls High School 12-5 to win the Women senior category. Junior boys title was won by Herbert Macaulay Junior High School after the win against
Jibowu Junior High School 14-13 while Eletu Edibo Junior High School defeated United Christian Junior Secondary School 2-1 to win lift the Junior Girls trophy. Ojo Gbenga of Lagos City College won the Most Valuable Player in the senior boys’ while Ishat Adebowale, of CMS Girls High School was adjudged the best in the Senior Girls category. Uche Ukah of Herbert Macaulay Junior High School won the Junior Boy MVP award while Ariyisu Abiola of Eletu Edibo Junior High School was given the Junior Girls MVP award.
Fernando Torres on arrival at the Uyo airport with his Atletico Madrid teammates last night
GOtv Max Cup: Torres, Oblak to Lead Atletico Against Eagles Tonight in Uyo Spanish LaLiga giants Atletico Madrid yesterday confirmed the array of stars, including Fernando Torres to play the Super Eagles in the maiden edition of the GOtv MAX Cup billed for this evening at the Godswill Akpabio International Stadium, Uyo. The game scheduled to kick off at 6pm is Torres’ last for the club, Torres, who scored both Atletico goals on Sunday in the 2-2 draw with Eibar in their last LaLiga match of the season, is a club legend, having been named captain of the LaLiga giants at the age of 17, the
youngest ever. Jan Oblak, Juanfran, Gabi, are also part of the 20-man Atletico Madrid squad for the game in Uyo. Also in the list are Ghana’s Thomas Partey, Victor Machin Perez known as Vitolo and Kevin Gameiro. However, top stars like Antoine Griezmann, Joke and Diego Costa were left out due to preparations toward the 2018 FIFA World Cup in Russia. “The LaLiga season is over and we’re going to play a friendly in Nigeria with: Oblak, Werner, Juanfran, Sergi, Montero, Solano, Jota, Rafa
Muñoz, Thomas, Gabi, Vitolo, Toni Moya, Agüero, Olabe, Mikel Carro, Joaquín, Torres, Correa, Gameiro and Borja,” Atletico wrote on it’s Twitter handle yesterday afternoon. The team finished runnersup to Barcelona to cap an
impressive season, which also saw them win the Europa League trophy. The Europa League champions 20-man squad for the encounter, which includes head coach Diego Simeone, promises to be a truly pulsating encounter.
THE 20-MAN ATLETICO MADRID GK - Jan Oblak, Axel Werner DEF – JuanFran, Sergio Gonzalez, Francisco Montero, Rafael Munoz, Andres Solano MID – Gabi Fernandez ©, Angel Correa, Victor ‘Vitolo’ Perez, Thomas Partey, Roberto Olabe, Juan Aguero Nunez, Antonio Moya, Mikel Carro, Joaqiun Munoz, Jot ST – Fernando Torres, Kevin Gameiro, Borja Garces
NBC Excites Fans at 2018 Lagos Yacht Club Boat Racing It was fun and excitement for boat race lovers in Lagos as Nigerian Bottling Company (NBC) Limited, manufacturers of Coca-Cola products hosted the 2018 edition of the Lagos Yacht Club Annual Boat Racing Competition held on Saturday, May 19, 2018 at the Lagos Yacht Club, Onikan, Lagos. At the end of the competition which was witnessed by a huge crowd of boat race loversincluding the company staff, consumers and foreigners from different parts of the
world, winners emerged in two different categories- Hobie Class and Lightning Class and were rewarded with several awards. Speaking shortly after the closing ceremony of the competition, the National Sales Director, Nigerian Bottling Company Limited, Mr. Dan Fratila disclosed that the Nigerian Bottling Company’s sponsorship of the Lagos Yacht Club Regatta Cup is part of its Corporate Social Responsibility (CSR) initiatives that is aimed
at contributing its quota to the development of sports in the communities where it operates. According to him, Nigerian Bottling Company Limited values its stakeholders includingcompany staff and customers hence the decision to sponsor the Yacht Club annual boating Competition on a yearly basis. “We have been doing this for the past seven years and would continue to give support to this kind of initiative. As you are aware, we are also
fully involved in other areas of sports particularly football. Just recently, NBC brought the World Cup trophy to Nigeria and we are also giving opportunities to consumers to enjoy the World Cup in Russia. This only demonstrates our commitment to our valued customers, staff and communities that they are crucial to the growth that we have enjoyed. We remain determined to contribute in our little ways to sports development in Nigeria”
Ëœ ͰͰ˜ Ͱ͎ͯ͜ Ëž T H I S D AY
47
TUESDAYSPORTS WORLD CUP 2018
Injured Sigurdsson Included in Iceland Team Everton’s Gylfi Sigurdsson has been named in the Iceland squad for next month’s World Cup in Russia despite the midfielder missing the end of the league season with a knee injury. Sigurdsson, Everton’s record signing after his move from Swansea City last year, has not played since picking up the injury against Brighton and Hove Albion in the Premier League on March 10. Johann Berg Gudmundsson, who enjoyed an impressive campaign with
Burnley, and Cardiff City’s Aron Gunnarsson have also been included in the 23-man squad for the country’s first World Cup appearance by Iceland coach Heimir Hallgrimsson. Iceland, with a population of 340, 000 and a pool of only around 100 professional footballers, is the smallest country to have qualified for a World Cup. The country made its debut at a major tournament at Euro 2016 where it defeated Austria and England and finally lost to hosts France
in the quarterfinals of an extraordinary campaign. Iceland will kick off its campaign against 2014 World Cup runners-up Argentina in Moscow on June 16. Croatia and Nigeria are the other two teams featuring in Group D. THE SQUAD: Goalkeepers: Hannes
Thor Halldorsson (Randers FC), Runar Alex Runarsson (FC Nordsjaelland), Frederik Schram (FC Roskilde). Defenders: Kari Arnason (Aberdeen), Ari Freyr Skulason (Lokeren), Birkir Mar Saevarsson (Valur), Sverrir Ingi Ingason (FC Rostov), Hordur Magnusson (Bristol City), Holmar Orn
Eyjolfsson (Levski Sofia), Ragnar Sigurdsson (FC Rostov). MidďŹ elders: Johann Berg Gudmundsson (Burnley), Birkir Bjarnason (Aston Villa), Arnor Ingvi Traustason (Malmo FF), Emil Hallfredsson (Udinese), Gylfi Sigurdsson (Everton), Olafur Ingi Skulason (Kardemir
Karabukspor), Rurik Gislason (Sandhausen), Samuel Fridjonsson (Valerenga), Aron Gunnarsson (Cardiff City). Forwards: Alfred Finnbogason (FC Augsburg), Bjorn Bergmann Sigurdarson (FC Rostov), Jon Dadi Bodvarsson (Reading), Albert Gudmundsson (PSV Eindhoven).
Icardi Left Out as Argentina Names 23-man Squad Mauro Icardi, the joint top goal-scorer in Italy’s Serie A this season, was left out of Argentina’s World Cup squad on Monday as coach Jorge Sampaoli named his 23 players for next month’s tournament in Russia. Sampaoli named just four forwards in his squad with Lionel Messi, Paulo Dybala, Sergio Aguero and Gonzalo Higuain all selected. That meant there was no place for Icardi, who scored 29 league goals for Inter Milan this season.
Although Argentina boast some of world football’s most prolific strikers, they have struggled for goals in competitive matches, scoring just 19 times in the South American group’s 18 qualifying matches. Only Bolivia scored fewer. Argentina, who lost in the World Cup final four years ago but only qualified for this year’s tournament thanks to a win in their final qualifying match, have been drawn in Group D alongside Iceland, Croatia and Nigeria.
Man Utd Gives Mourinho â€˜ÂŁ250m’ War Chest for Next Season Manchester United manager Lukaku, Victor LindelĂśf and JosĂŠ Mourinho is expected to splurge at least ÂŁ250m on new recruits this summer, as the Red Devils prepare for a major overhaul to their squad. United’s 1-0 defeat to Chelsea in the FA Cup final on Saturday means Mourinho has failed to add a trophy to last year’s Europa League and EFL Cup triumphs, despite spending heavily on the likes of Romelu
Nemanja Mati last summer. He is now expected to be given another hefty transfer kitty, with the Daily Mirror reporting that key targets such as Toby Alderweireld and Sime Vrsaljko have already been identified . The Portuguese manager is keen to strengthen both his full-back options, with central defenders also understood to be high on his priority list this summer.
Stella Buoy Wins SNEPCo/ NNPC Tennis in Ikoyi Club Team Stella Buoy, at the weekend emerged champions of the 2nd SNEPCo/NNPC Tennis Tournament which took place at Ikoyi Club following a 13-2 win over Bonga North West. Bonga South West and Bolia Chota finished joint-third. Stella Buoy, which was formed by Tockukwu Adino, Wale Opejin, Olaleye Olowe, Sesan Dada, Okey Igwe, Yemi Lashore, Murang Mrityunjay, Ugo Okechukwu, Esan Ogunleye and Effiong Ejehiwease; triumphed in five of the six matches played on the final day for a resounding win over Bonga North West. Managing Director of Shell Nigeria Exploration and Production Company, Bayo Ojulari, said as a major player in the Nigerian economy, SNEPCo were extremely proud to be sponsoring the event as it further promotes friendship and unity of members which cuts across various Nigerian tribes and foreigners as well.
Ojulari, who was represented by Olaposi Fadahunsi, said as part of its Corporate Social Responsibility, SNEPCO, among others, was also involved in sports, healthcare, education, security and road safety. He stated that sports have been a major unifying factor of Nigerians and SNEPCo are also into sponsorship of other sports like basketball, polo and football – the latter leading the way in their sports sponsorship with the Shell Cup which has been on for almost 20 years. Tennis Section Chairman, Abimbola Okubena, said plan was already on to expand the tournament next year pointing that it had been one of the biggest team tournaments at the club in a long while. The week-long event featured over 80 players who competed in eight teams named after various oil fields in which SNEPCo is operating in Nigeria.
L-R Super Eagles Fitness Coach, Bernard Giles; William Troost Ekong; Ikechukwu Ezenwa, Ogenyi Onazi, Elderson Echiejile, Junior Lokosa and Goalkeeper Coach, Enrico Pionetti shortly after a light work out at Eagles camp inside Ibom Resort in Uyo...yesterday
Croatia Coach Cuts Squad to 24 Players Croatia Coach, Zlatko Dalic, has slashed his provisional World Cup squad to 24 players from 32 and axe one more player by the June 4 deadline for next month’s tournament in Russia. There were no real surprises with household names such as Luka Modric, Ivan Rakitic, Mario Mandzukic and Ivan Perisic expected to carry Croatia’s main hopes of reaching the knockout stages. The Croatians, drawn in Group D with Argentina, Nigeria and Iceland, will play friendlies against Brazil on June 3 at Anfield and Senegal on home spoil in Osijek on June 8. “We need two quality players in each position and I see our versatile striker Mandzukic leading the line
because that’s his natural position,� Dalic told a news conference on Monday. “I can’t make everyone happy but the World Cup is not the time or place for sweeping changes. I have decided to rely on tried and tested stalwarts and a bit of fresh blood.� Uncapped 21-year old defender Duje Caleta Car or 26-year old midfielder Filip Baradaric, who has made three appearances, are likely to be left out of the final 23-man squad. However, both will be on the plane to Russia if longserving centre back Vedran Corluka fails to recover from a niggling calf injury. “I hope he will win the race against time to be fit and I will be very sad if he doesn’t, but
we can’t take any chances,� the 51-year old Dalic said. Having reached the 1998 World Cup semifinals as dark horses, the Croatians have failed to advance to the knockout rounds in three appearances at the tournament. “I have plenty of faith in this group and we believe we can make our dreams come true,� Dalic said. “The build-up will not be excruciating so that the players can recover from tough club seasons.� Croatia starts their World Cup campaign against Nigeria on June 16. SQUAD: Goalkeepers: Danijel Subasic (Monaco), Lovre Kalinic (Gent), Dominik
Livakovic (Dinamo Zagreb). Defenders: Vedran Corluka (Lokomotiv Moscow), Domagoj Vida (Besiktas), Ivan Strinic (Sampdoria), Dejan Lovren (Liverpool), Sime Vrsaljko (Atletico Madrid), Josip Pivaric (Dynamo Kijev), Tin Jedvaj (Bayer Leverkusen), Matej Mitrovic (Bruges), Duje Caleta-Car (Red Bull Salzburg). MidďŹ elders: Luka Modric (Real Madrid), Ivan Rakitic (Barcelona), Mateo Kovacic (Real Madrid), Milan Badelj (Fiorentina), Marcelo Brozovic (Inter Milan), Filip Bradaric (Rijeka). Forwards: Mario Mandzukic (Juventus), Ivan Perisic (Inter Milan), Nikola Kalinic (AC Milan), Andrej Kramaric (Hoffenheim), Marko Pjaca (Schalke), Ante Rebic.
Keystone Bank Pleased with Empowerment Programme at Okpekpe Road Race Keystone Bank, one of the fastest growing full service commercial banks in Nigeria has expressed satisfaction with the women empowerment programme it undertook at the first ever IAAF silver label road race in West Africa, the Okpekpe International 10km Road Race which came to a historic climax penultimate Saturday in Okpekpe near Auchi in Edo State. All over the world the issue of women empowerment has continued to take the centre stage in development discuss and it is recognised that empowering women to participate fully in economic life across all sectors is essential to build stronger economies and improve the quality of life especially for women, men,
families and communities. The bank’s Head of Corporate Social Responsibility/Sustainability, Izore Bamawo, is delighted the globally rated Okpekpe International 10km Road Race offered Keystone Bank a very visible platform to empower about 49 women during its week-long programme in Okpekpe. ‘’Our focus in Keystone Bank is to empower indigent women through training, education and other forms of learning, to achieve sustainable job creation and income generation in line with the global sustainable development goals,� said Bamawo who also explained why the bank partnered organisers of the Okpekpe road race as the
United Nations Organisation has set promotion of gender equality and empower women empowerment as one of its millennium development goals. “Empowering grassroots and financially excluded women by giving them a voice necessitated the collaboration with the Organisers of Okpekpe road race to empower the women of Edo State and we are quite pleased with the results achieved in this first phase with 49 women trained and empowered to become business leaders. We look forward to replicating these initiatives across Nigeria,� she further said. Mike Itemuagbor, promoter of the race and chief executive
officer of Pamodzi Sports Marketing, organiser of the historic race thanked Keystone Bank for using the platform provided by the first road race in West Africa to be granted a label status by the IAAF. “IAAF road race label events are races that the IAAF designates as one of the leading road races around the world and Okpekpe is the first to be so designated in West Africa. “We are delighted with the support we enjoyed from Keystone Bank in terms of the women development programme it undertook in Okpekpe, providing them with the basic training they will need to conquer poverty and make them socially and economically relevant in the society,� said Itemuagbor.
Tuesday May 22, 2018
TR
UT H
& RE A S O
N
Price: N250
MISSILE Ibeshi to Ayade “And this is the first time Cross River north is having a shot at the governorship of Cross River. It has become an embarrassment to us. This is more of a rescue situation that I find myself trying to do” – Former National Publicity Secretary of the Peoples Democratic Party (PDP) and governorship aspirant, Emmanuel Ibeshi giving reasons why he has decided to throw his hat into the ring to challenge Governor Ben Ayade in 2019.
TUESDAY WITH REUBENABATI The Impending Implosion of APC abati1990@gmail.com
J
ust take the phrase: “impending” in the title above with a pinch of salt. I use the word because in politics as in life, things happen - as seemingly absolute situations become redeemable and what originally appears impossible could be the catalyst for fresh opportunities. Otherwise, the truth is that the ruling Nigerian political party, the All Progressives Congress is already imploding, it has in fact imploded; the party is in the throes of a debilitating illness. The implosion began almost as soon as the party assumed power in 2015. The APC emerged as a special purpose vehicle – composed almost entirely from second hand, used groups from the CPC, the ACN, APGA, ANPP, and a break away faction of the PDP, known as new PDP (nPDP) – even if there was nothing new about it, with the sole objective of taking power from the then ruling Peoples Democratic Party (PDP), and the then incumbent President Goodluck Jonathan. Pro-APC persons described the APC as a child of necessity. They were convinced that 16 years of being in power had made the PDP complacent, arrogant and that its members had lost focus. They also argued that the Jonathan government needed to be changed by all means possible. Political coalitions often work when for one reason or the other, the ruling party loses either credibility or legitimacy, and the coalition gains the support of the people but the extent of the coalition’s success depends on its level of preparedness for office, and the quality of consensus among the partners. The APC coalition is not the first in the history of Nigerian politics, but it is perhaps the most impactful- even if driven by hate speech, populist propaganda and mass hysteria and hypnotism. It was a question of politics meeting with the public mood, and an unstoppable moment anchored on the symbolism of a strong man coming to “rescue” Nigeria. The electorate that bought into this narrative and turned it into votes is today full of regrets. The APC began to unravel from day one, particularly at the centre. It took the government that emerged about six months to put a cabinet together, and almost two years to make some other critical appointments. Members of the coalition struggled for space, influence and power among themselves, and almost immediately, there were issues over the choice of the leaders of the National Assembly. The drama of the choice of the Senate president and the Speaker of the House of Representatives left many power brokers out in the cold. If there was any power sharing formula among the partners, somehow this was ignored by the CPC arm of the coalition led by the President, all made worse by the domination of the levers of government by CPC and Buhari loyalists. Non-Fulani members of the APC soon began to sound as if they had been attacked by a band of imported herdsmen. Party members including Governors and Senators, and party officials expressed frustration openly. In less than three years, some of the bitterest criticisms of the party have come not from the opposition but from within the party itself: Timi Frank perpetually complaining about party processes, Shehu Sani and other Senators from Kaduna State at loggerheads with their State Governor, personality conflicts in virtually every state, most notably in Adamawa, Imo, Kano, Rivers and Lagos state, Governor Ortom of Benue openly accusing the Federal Government of negligence, Governor El-Rufai, Asiwaju Bola Tinubu and Senator Shehu Sani at various times sounding notes of warning, Senator
APC National Chairman, John Odigie-Oyegun Dino Melaye assuming the role of an in-house critic, and members of the ACN and the nPDP alleging that they have been used and dumped. The APC wing of the National Assembly is divided among its ranks, and has posed more threat to the Executive arm of government than the opposition. The APC is also the biggest challenge to its own promise. In 2015, the party promised to tackle three main issues: security, the economy and corruption. It has since found itself in the uncomfortable situation of disowning some other promises it made. It even took more than two years to launch an economic blueprint. The party over-promised and under-delivered. It is possible to argue that differences and contestations are part of the democratic process and that this is the only way political parties can grow. Except that in this case, the conflicts are not ideas-based, even members of the APC themselves have no idea what the party really stands for, but they all seem so sure of their personal ambitions, hence the obvious lack of order and coherence. Knowing this to be so, President Muhammadu Buhari, who is also the leader of the party, had set in motion a reconciliation process, and appointed Asiwaju Bola Tinubu to lead it. This has not worked as Tinubu soon found himself in the heat of acrimony with the party Chairman, Chief John Oyegun and some of his own former protégés. The extent of this implosion became more evident during the party’s recent state congresses. Parallel congresses were held in more than 10 states, there were reports of boycotts, violence and general confusion. Given the tone and nature of the conflict, it seems obvious that the APC is a victim of its own lack of three things - internal democracy, originality and sincerity of purpose. It is a familiar scenario. The APC leadership should learn from the example of the PDP and how that party lost the 2015 general election. The first major crisis faced by the PDP was the failure to manage the exit of the five Governors in 2013, and the subsequent mischief over the 2015 campaign process. Powerful forces within the party for their own selfish reasons caused disaffection among members particularly at the grassroots level. Internal democracy was frustrated at all levels by those who regarded themselves as powerful Abuja forces, the same drama that is now being played out in the APC. The PDP went into the 2015 elections, as a divided party, with fifth columnists among its ranks. The APC now faces the same challenge. The nPDP wing of the APC has already served what looks like
a quit notice. There are cases in court. The usual attitude is for those who emerged triumphant in the state congresses to insist that whoever wants to leave the party should do so. It was this same attitude that messed up the PDP. Failure has taught the PDP a bitter lesson: the party is only now just in the process of reinventing itself. It is ironic for example that the same PDP in the face of likely crisis in Ekiti state recently ended up having a peaceful party primary, with the defeated congratulating the winner and promising to work for the good of the party. In Kaduna state, the PDP also put up an impressive performance in the recent local government elections. It is important however that the PDP does not begin to see the crisis within the APC as its own gain. It still has a lot to do to convince the electorate that it can be taken serious again. In 2014, PDP strategists
worked on the permutation that the APC, being a community of strange bedfellows would soon fall apart to the advantage of the PDP. It was a bad strategy which did not work then and which is also not likely to work in 2019. As things stand, the APC appears as desperate for power today as it was in 2014, and those who have sworn that the Buhari government cannot be replaced would do as much as they did last Saturday, to impose their will on the Nigerian people. Politics remains warfare in Nigeria because it is the surest ticket to power, cheap money and easy life. For the Nigerian politician, winning is therefore everything. If anyone thought 2015 was a major turning point in Nigerian politics, the 2019 general elections may even prove to be more eventful, and while the PDP may not fully resurrect, the APC may suffer worse fate, paving the way for Nigeria’s new beginning…
Lessons from the Royal Wedding
I
could not resist the temptation to watch the royal wedding between Prince Harry and Meghan Markle. The symbolism of the event was too compelling to be ignored – a Windsor marrying a bi-racial lady, a divorcee, an American and an actress, from an obviously dysfunctional background. When King Edward VIII chose to marry an American divorcee, Wallis Simpson in 1936 – the British royalty kicked, the government and the Church demurred. the public was scandalized. Edward VIII followed his heart. He abdicated. The British monarchy has been much transformed since then. Queen Elizabeth II presides over a modern, if not post-modernist monarchy; by granting the enabling order for the wedding of Prince Harry and Meghan Markel, the Queen dug a hole through the walls of race and prejudice and offered hope. A future English prince or princess would end up having black cousins, aunties and uncles! This symbolism was most felt at the wedding ceremony- with an all black cast of the Kingdom choir, wearing natural hair, buns and African hairstyles singing “Stand by Me”, Sheku Kanneh-Mason on the cello, and an impassioned sermon delivered by Bishop Michael Curry of the US Episcopal Church. Curry practically took Chicago to London, as he sermonized about the power of life, the fire of love, slavery…. Martin Luther King. I wouldn’t have been surprised if he had asked the congregation to stand and sing a chorus or if he asked whoever wanted to give his or her life to Jesus Christ to step forward and be blessed…Bishop Curry’s performance will be long remembered. The wedding was orderly, simple, classy and elegant. The bride carried herself with grace and dignity – not even a trace could be seen of the pressure that had been piled on her, a few days earlier, by her father who was not too sure if he would attend or not, and her uncouth half-brother and half-sister who chose her moment of glory to bring out dirty family linens. She had to walk alone half the way, before Prince Charles took her arm and walked her down the aisle – without giving her away, though. The guests arrived according to schedule, and every one knew where to sit. I did not see anyone running up and down trying to greet people, and generally seeking attention. The Queen and Prince Phillip did not come late, not even for a second. The Queen carried her own bag and she didn’t have a retinue of noisy courtiers attending to her. In Nigeria, “big men and women” routinely arrive late to their own
events, usually so noisily. All the celebrities at the royal wedding did not have barrel-chested bodyguards. I was at a wedding event in Lagos recently, the comperes - Ali Baba and IK Osakioduwa – spent so much time begging uniformed bodyguards to allow their bosses to be human for once. Nobody listened. At another event, Bisi Olatilo kept assuring every one that no VIP at the event will come to any harm. He was ignored. Six gun-wielding policemen accompanied one state Governor into the hall and they stood behind him throughout! When he was invited to the stage to make a speech – they followed him! Social events are thus, indeed, iconic. They reflect a people’s level of socio-economic and cultural development. The church service in London was solemn. There was nobody shouting “Amen” and “Halleluyah somebody” on top of their voices. The church did not solicit for offerings or donations. There were no politicians hugging the limelight. Heads of State were not invited. Some of the richest persons in the world would have been glad to be in attendance, but only a few were called. Ha, I forgot: there were no photographers running up and down, sweating and disrupting proceedings, pushing their cameras in people’s faces, with flashy, blinding lights - photographers can be such a nuisance at Nigerian events! When you attend most weddings in Nigeria, so much flesh is also often on display: from the bride to her bridesmaids, there is usually a nudity competition – bare legs, bare boobs, with some of the latter even threatening to break loose. This at a point became such a serious problem that some churches now inspect wedding gowns or offer specifications. No wedding is complete these days around here without heavy make-up either. You could run into a lady whose wedding you once attended and not recognize she was the one. In an attempt to be beautiful by force, every Nigerian bride engages the services of a make-up artist, and when the make-up is done, you’d think the bride is taking a role in a movie. Nigerian weddings provide an opportunity for the guests to show-off and steal the show. Some people even go to weddings, to as they say, network, or advertise their new wardrobe, or dance crazily, some even end up dressing better than the groom and the bride. The wedding of the Duke and Duchess of Sussex provided good lessons in taste, etiquette, elegance and the triumph of love. I enjoyed the wedding very much – on television of course.
Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com