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Nigeria’s Oil Exports to Fall to 2018 Low in July Aiteo shuts down Nembe Creek Trunk Line for repairs

Ejiofor Alike with agency reports Nigeria's oil exports are expected to fall in July to 1.43 million barrels per day (bpd),

according to the loading plans, the lowest level so far this year. This is coming as loadings of Nigerian Bonny Light crude, which have already been under force majeure for

a month, would likely to be further delayed by the closure of Nembe Creek Trunk Line (NCTL) by the operator, Aiteo E & P. The NCTL and the Trans

Niger Pipeline (TNP) are the two major pipelines used by oil companies operating in the eastern Niger Delta to evacuate crude to the Shell-operated Bonny Export Terminal.

Nembe Creek in Bayelsa State through Cawthorne Channel Field on OML 18 to the Bonny Oil Terminal for export.

THISDAY gathered that the NCTL is a major crude oil transportation channel that conveys crude injected from Oil Mining Leases (OMLs) 29, 18, 24, 25, 23 and 55; running from

Continued on page 6

Buhari, Mohammed VI Lament Violent Extremism, Vow to Fight Scourge… Page 6 Tuesday 12 June, 2018 Vol 23. No 8454. Price: N250

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After THISDAY’s Exclusive Report, Army Commences Rotation of Battle-Fatigued Soldiers Frees eight hostages in Birnin-Gwari General attacked by gunmen in Benue Senator Iroegbu in Abuja and George Okoh in Makurdi Rotation of troops engaged in various counter-terrorism and counter-insurgency operations against Boko Haram terrorist group in the North-east, has begun,

the Nigerian Army said yesterday, stating that the Chief of Army Staff, Lt-Gen Tukur Buratai, had given a clear directive that the military policy on rotation should be strictly adhered to. Continued on page 6

Abiola’s Investiture Holds Today, Nwosu Commends Buhari

PDP slams presidency for politicising honour Onyebuchi Ezigbo and Olawale Ajimotokan in Abuja The man who conducted the annulled June 12, 1993 presidential election, widely presumed to have been won by late Chief Moshood Abiola, Prof. Humphrey Nwosu, has commended President Muhammadu Buhari for recognising June 12 as Democracy Day and honouring Abiola. Nwosu, who was the

chairman of the National Electoral Commission (NEC) that supervised the election, in a letter dated June 10, 2018 and addressed to the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, in which he regretted he would not be able to attend today’s investiture, thanked the president for the gesture, saying it was an honour Continued on page 6

historic handshake Kicks off summit… US President Donald Trump shakes hands with North Korea leader Kim Jong Un at the Capella resort on Sentosa Island in Singapore earlier today, kicking off a historic summit between the Americans and the North Koreans. Watch updates on ARISE News Channels in DStv Channel 416/GOtv Channel 44  ap photo/evan vucci


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Buhari, Mohammed VI Lament Violent Extremism,Vow to Fight Scourge Omololu Ogunmade in Abuja President Muhammadu Buhari and King Mohammed VI of Morocco yesterday in Rabat, lamented the persistent threat posed to security in Africa by violent extremism and terrorism and resolved to cooperate with each other in the fight against the scourge. The two leaders whose concern was expressed in a joint communique they issued at the end of Buhari's two-day working visit to Morocco, pledged to be committed to tolerance and peaceful coexistence as preached by Islam. Mohammed, according to the communique, commended Buhari on his roles in the fight against terrorism in the Lake Chad region as well as his fight against corruption. "The two Heads of State, in the spirit of the holy month of Ramadan, underscored their commitment to moderation,

tolerance and peaceful coexistence, as taught by Islam. "They expressed deep concerns about violent extremism, terrorism and the persistence of security threats in Africa. They affirmed their resolve to strengthen cooperation in efforts to combat radicalisation in Africa and beyond. "His Majesty King Mohammed VI congratulated His Excellency President Buhari for his leadership in the regional initiative against terrorism in the Lake Chad region and commended his efforts in the fight against corruption and his role as the African Union anti-corruption champion," the communique read in part. The communique which further said Buhari's visit to Morocco was at the instance of the King, added that the meeting was meant to promote meaningful bilateral relationship between the two countries and simultaneously create what they described as South-South

cooperation. According to the communique, both leaders welcomed the progress made so far in agriculture, fertilizer production, energy, infrastructure and mining and expressed their commitment to regional gas pipeline meant to connect the two countries. It further said both leaders agreed to partner each other in agriculture by signing a cooperation agreement on vocational training and technical supervision. "At the invitation of His Majesty King Mohammed VI, His Excellency Muhammadu Buhari, President of the Federal Republic of Nigeria, undertook the first visit by a Nigerian Head of State to the Kingdom of Morocco, on 10 and 11 June 2018. "The visit reinforces the positive bilateral relationship between Morocco and Nigeria since the Royal Visit to Abuja in December 2016. His Majesty King Mohammed VI and His

Excellency President Buhari affirmed their will to create a model of South-South cooperation. "In this spirit, they welcomed the significant progress made in various areas of cooperation, such as agriculture, fertilizer production, energy, infrastructure and mining. His Majesty King Mohammed VI and His Excellency President Buhari noted with satisfaction the milestones achieved and underscored their commitment to the Regional Gas Pipeline, which will connect Nigeria’s gas resources, those of some West African countries and Morocco, thereby fostering integration and development of countries in the West African region. "The two Heads of State also noted progress made in other areas of the bilateral cooperation, as evidenced by the Agreement between OCP of Morocco and the Fertiliser Producers and Suppliers Association of Nigeria to invest

in Fertiliser Production; and the Memorandum of Understanding between OCP and the Nigeria Sovereign Investment Authority on the establishment of a Basic Chemicals Platform, specifically to develop a significant Ammonia Production Plant. "On the basis of their exemplary cooperation, the two heads of state agreed to develop a partnership in the field of agriculture, particularly through the signing of Cooperation Agreement on vocational training and technical supervision. "On regional and international issues of mutual interest and concern, His Majesty King Mohammed VI and His Excellency President Buhari confirmed their willingness to consult and coordinate the positions of the two countries in regional and international organisations, including the African Union. "His Excellency President Buhari congratulated His

Majesty King Mohammed VI on Morocco’s election to the Peace and Security Council of the African Union. He also congratulated His Majesty the King on the successful completion of his mandate as African Leader on Migration Issues, which culminated in the presentation of the African Agenda for Migration and the creation of the African Observatory on Migration. He also paid tribute to the personal commitment of His Majesty King Mohammed VI to sustainable development in Africa. "At the end of the working visit, His Excellency President Buhari, on behalf of his delegation, expressed his deep appreciation for the warm reception and hospitality of His Majesty King Mohammed VI, the Government and the brotherly people of Morocco," the communique added. Buhari returned to the country yesterday.

Nigerian oil export plans are prone to revisions and delays, with cargoes frequently pushed from one month to the next. In a related development, the loadings of Nigerian Bonny Light crude, which have already been under force majeure for a month, would likely to be further delayed by the closure of the Nembe Creek Trunk Line. The Nembe Creek Trunk Line, which carries Bonny Light, was shutdown at the weekend for repairs, according to the operator, Aiteo.

However, the Trans Niger Pipeline, which is a second line that carries Bonny Light remained open. It was not clear when the Nembe Creek pipeline would reopen but traders said there were at least three tankers that were due to load Bonny Light this week and next, with oil deferred from the May loading programme. But any liftings would likely be subject to delays of two to three days because of the pipeline closure, Reuters

quoted oil traders as saying. Shipments of Bonny Light remained subject to force majeure, according to a Shell spokesman yesterday. Exports have been under force majeure for a month following a leak further up the pipeline. Between 30 and 33 cargoes are said to be available for sale from the 48 cargoes in the Nigerian July programme, which would likely keep differentials under pressure, traders said.

make Nigeria a great nation not only in Africa but across the world.� Nwosu, however, regretted that he would not be able to attend the investiture owing to prior commitments. Buhari had shocked the

nation with the news of his award of the highest honour in the land, Grand Commander of the Federal Republic (GCFR), reserved for serving and former

N I G E R I A’ S O I L E X P O RT S TO FA L L TO 2 0 1 8 LO W I N J U LY The pipeline has a capacity of 150,000 barrels per day at Nembe Creek, but can evacuate 600,000 barrels of liquids from the Cawthorne Channel end. The 115 kilometre-capacity line was built by Shell Petroleum Development Company (SPDC) between 2006 and 2010 at a cost of about $1.1 billion but is currently being operated by Aiteo Group since 2015 when Shell completed the assignment of its interest in OML 29 and the NCTL to Aiteo Eastern E&P Co. Ltd.

It was gathered there have been recurrent thefts along the pipeline route, which are evidenced by significant pressure reductions on the trunk line, and theft points, which has affected Bonny Light exports. Reuters reported that the export plan for Bonny Light comprised 48 cargoes, compared with 60 cargoes and a daily rate of 1.796 million bpd in June, largely as a result of an outage on the Bonny Light stream, which has been under

force majeure for a month. July's export plan also includes four cargoes of Akpo condensate with 123,000 bpd, compared with four cargoes in June with 133,000 bpd. The export plans showed one extra cargo of Agbami than in June, as well as one more Bonga cargo and an extra Qua Iboe cargo. It also shows three fewer Forcados and one fewer Escravos, while a number of smaller streams showed no cargoes would load in July.

A B I O L A’S I N V E ST I T U R E H O L D S TO DAY, N W O S U C O M M E N D S B U H A R I to him and his staff that organised the election. “Indeed, June 12, 1993 marked a turning point in Nigeria’s tortuous journey towards a democratic polity. It is an honour to the very hardworking men and women of

the defunct National Electoral Commission (NEC) under my leadership, at this long awaited recognition. I humbly commend this action of the president,� he said. Saying the gesture would rekindle the national

consciousness of all Nigerians for a better nation, Nwosu thanked the president for “building on the foundation which my team and I laboured strenuously to establish and actualise on June 12, 1993.�

He added, “It is our hope that expanding the frontiers of democracy of which all the people of Nigeria, regardless of ethnic group, will provide economic, social and developmental benefits that will certainly

Continued on page 8

A F T E R T H I S DAY ’S E XC L U S I V E R E P O RT, A R M Y C O M M E N C E S R OTAT I O N O F B AT T L E - FAT I G U E D S O L D I E R S THISDAY had in its June 3, 2018 edition published exclusively, an investigative report, which revealed how battle-fatigued soldiers were forced to remain in the war front for almost three years without being relieved to rest and recuperate. The Director of Defence Information (DDI), BrigGen. John Agim, had told THISDAY that the situation was actuated by the shortage of experienced fighters, explaining that its fighting force had been dispersed to deal with mounting internal security challenges in the country. But yesterday, the Director of Army Public Relations (DAPR), Brig-Gen Texas Chukwu, made a statement, quoting the General Officer Commanding (GOC), 7 Division Nigerian Army, BrigGen. Abdulmalik Bulama Biu, as saying that the Army chief had directed strict compliance with the policy on rotation of battle front soldier to avoid fatigue. He also quoted the GOC as charging newly inducted troops of the division in Maimalari Cantonment Maiduguri,

at the weekend, shortly before their deployment to the frontline, to be proactive and advised them to deploy the use of military tactics in the discharge of their duties while combating the Boko Haram menace. Welcoming them to the theatre, the GOC pointed out that their deployment was coming at a better time, as the terrorists had been degraded. He further charged them to be highly professional and keep to the rules of engagement, urging them to be ‘’tactical and decisive’’ in the conduct of any assigned task. Biu commended the troops of the division for their team spirit, doggedness and boldness in combating terrorism. THISDAY had two weeks ago spoken to some officers and men in the operations in the North-east, who complained that they had been kept at the battle field for longer than necessary, complaining that they were fatigued and battle weary. According to knowledgeable military sources, soldiers in battle fields were supposed to be relieved, at least, every

year or at most two years to prevent them from becoming disoriented and battle weary. Many of the soldiers are said to have served on the battle field for three years or more. But dismissing those claims, the Director of Defence Information (DDI), Brig-Gen. John Agim, had explained to THISDAY that experienced fighters were constantly deployed and rotated in and out of the North-east because of the intense involvement of the military in the vast internal security operations in the country. The GOC 7 Division who announced the latest rotation and deployment, appreciated the efforts of the COAS for providing all the needed logistics to the division to accomplish its operations in the North-east. He assured the troops of their welfare and wellbeing, stating that "the rotation is in line with the Chief of Army Staff’s directive to relieve troops in operations after a certain period." However, further findings by THISDAY revealed that some of the rotations carried out were done haphazardly with discrimination against

certain units and brigades, leaving out some soldiers deployed since 2015 in the battlefield.

Eight Hostages Rescued In another development, the Army spokesman said troops deployed in operation Idon Raini, last Saturday, while on clearance patrol along Maganda - Funtua Road, rescued eight hostages who were earlier kidnapped along Maganda - Sofo Birnin Gwari road. Chukwu listed those rescued to include: three men, two women, and three children, while also listing items recovered from the bandits to include: one red Golf car, trailer and two boxes of clothes belonging to one of the passengers. Similarly, he said troops on patrol to Nachibi village recovered a motorcycle abandoned by the bandits on sighting the troops. He said the troops encountered bandits at Maidaro village, where they were roasting some cows. According to him, three members of the vigilante sustained gunshot wounds,

while one person was killed in action during the encounter. Chukwu stated that one motorcycle was recovered from the bandits urging members of the public to be security conscious and report any suspicious movements to the law enforcement agents.

General Attacked in Benue Meanwhile, unknown gunmen in the early hours of Sunday attacked Maj- Gen. John Malu, younger brother of former Chief of Army Staff, Lt-Gen. Victor Malu (rtd.), at his village, St Tse Adoo in Benue State. It was gathered that the general was at home when the attackers stormed his residence where they shot sporadically at his house. However, soldiers posted to the house repelled the gunmen. The Commandant 72 Special Force Battalion, Lt Col. Suleiman Mohammed, confirmed the attack when contacted on phone. According to him, 'It is true that some gunmen attacked the general in his village around 7am this morning

but the soldiers who were with him repelled them.� He said the general was around at the time the attackers came calling. It would be recalled that Katsina Ala/Zaki Biam axis has been notorious for gunmen attack since the past three years. Only recently some medical doctors and the wife of a serving justice of the Appeal Court were kidnapped in the area.

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Buhari Suffering from Inferiority Complex, Says Jonathan’s Aide Davidson Iriekpen Former President Goodluck Jonathan’s Special Assistant on New Media, Reno Omokri, yesterday came down hard on President Muhammadu Buhari, describing him as a leader suffering from “a chronic case of inferiority complex.� Omokri, who was reacting to the comments by Buhari last Friday that he did not sack the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, when he assumed office because he wanted him to salvage the terrible economy he inherited, described the president as being economical with the truth. The president while hosting some of his supporters at the Presidential Villa in Abuja, also alleged that the Peoples Democratic Party (PDP) left the country in tatters and challenged anyone to contradict his claim. But Omokri who said he accepted the challenge, described the president as a leader who went to the school of bad leadership to learn negative traits. In a statement, Omokri reminded Buhari that people only compare themselves to the best, adding that the reason why he constantly has strong need to compare himself to Jonathan and former President Olusegun Obasanjo is because he suffers from inferiority complex. The former president’s aide contended that the four habits which people do not want to see in their leaders and which President Buhari easily plays are: Complaining, comparing, criticising and condemning. He said, “Let me remind the president that people only compare themselves to the best and the reason he has this strong psychological need to compare himself to former Presidents Jonathan and Obasanjo is because he suffers from a chronic case of inferiority complex. “There are four habits that people do not want to see in their leaders. These

NEWS Saraki: Senate Exposed High

Level Corruption in Govt Senate President, Dr. Bukola Saraki, yesterday reviewed the activities of the Senate under his leadership in the last three years and expressed happiness that it was‌ Page 10

EDITORIAL A Controversial Water Ways

President Muhammadu Buhari are: complaining, comparing, criticising, and condemning. “Unfortunately, it is as if President Buhari went to the school of bad leadership to learn these negative traits.� The former president’s aide reminded Buhari that this would not be the first time he had exposed him as someone economical with the truth, having recently unveiled 20 lies in his Democracy Day speech to the nation on May 29, 2018. Omokri said in his message delivered on June 10, 2018, prominent Islamic cleric, Sheikh Abubakar Gumi, detailed how the Jonathan administration built infrastructure all over the North, including nine federal universities and 165 Almajirai schools, adding that in contrast, the only project initiated, started and completed in the last three years by the Buhari government was the Daura helipad for the president’s private use. Omokri also chided the president for borrowing N11 trillion in three years, which is more money than the PDP borrowed in 16 years. He said despite such unprecedented borrowings, the economy moved from being the third fastest growing economy in the world under his boss’ regime in 2015, to an economy with the fourth

worst performing currency in the world under President Buhari. The former president’s spokesperson lambasted Buhari for having the effrontery to paint himself as a saviour, adding that it is Nigeria that needs to be saved from Buhari, and not the other way round. He said: “The Buhari administration has borrowed N11 trillion in three years, which is more money than the PDP borrowed in 16 years. Yet, despite such unprecedented borrowings, the economy moved from being the third fastest growing economy in the world under President Jonathan in 2015, to an economy with the fourth worst performing currency in the world under President Buhari, according to Bloomberg. Yet, President Buhari has the effrontery to paint himself as a saviour! It is Nigeria that needs to be saved from Buhari, and not Buhari that will save Nigeria.� Omokri disclosed that during the Jonathan administration, fuel subsidy was far less than the N1.4 trillion the Buhari government is currently spending, noting that the former president ensured that a due process regime was established in public finance.

A B I O L A’S I N V E ST I T U R E H O L D S TO DAY, N W O S U C O M M E N D S B U H A R I head of state, to Abiola, signifying the president’s recognition of him as the winner of the annulled June 12, 1993 election. Abiola’s deputy, Babagana Kingibe, was awarded the second highest award, Grand Commander of Order of the Niger (GCON) reserved for the vice president. The president also declared the day Democracy Day. Despite the controversy that surrounded the legality of the awards and declaration of June 12 as Democracy Day, the president is going ahead with the investiture today, apparently in the belief that whatever defects there were could be cured by remedial legislative actions. But the opposition Peoples Democratic Party (PDP) has not relented in its criticism of the presidential honour, berating the presidency for politicizing the posthumous national award to Abiola. It said if there was any person to blame for his travails, it should be Buhari for being part of the military coup in December 31, 1983 that toppled the then civilian administration. The party also accused the president of precipitating the circumstances that led to Abiola’s travails. In a statement issued by its National Publicity Secretary, Kola Ologbondiyan, the PDP alleged that Buhari overtly betrayed his political inclination in the article published by the presidency, which relegated the virtues of Abiola and dwelt on praise-singing of the president. The opposition party noted that the presidency, in the article, relied on false performance indices and

Two-Minute BrieďŹ ng

insinuations, ostensibly aimed to set up perceived political opponents of the current administration as Abiola’s traducers. It said the publication also confirmed fears that Buhari was desperately seeking to use Abiola’s revered name and person to draw political capital ahead of 2019 general election. It said, "The Presidency in its desperation went ahead to demean the exalted office of the president, as well as the import of the posthumous award, by sponsoring tweets to divert public attention from Chief Abiola and his virtues, to procure praises of President Buhari. "If there is any person to blame for Chief Abiola’s travails, should it not be President Buhari who, on December 31, 1983, staged a military coup that destroyed democratic governance, locked up politicians without trial and set the stage for the deferment of democratic governance, which Chief Abiola paid the supreme sacrifice to restore?" PDP also said that the presidency, by asserting that “detention without trial, even under the military was wrong� has directly indicted President Buhari, who, in 1984 clamped politicians into detention without trial; an injustice he recently boasted about. Also speaking on the 25th anniversary of the June 12, former Vice President Atiku Abubakar warned against what he described as a consistent pattern of departure from due process to arbitrary tendencies. Atiku said in a statement that there was a growing culture of arbitrariness in some of the institutions of government

at all levels that was contradictory to the notion of inclusiveness and fairness that a democratic society guarantees. He said the foundation of a democratic society was the guarantee of fundamental human rights that gives the citizenry the freedom of speech, freedom of movement and the ability of the people to belong to any lawful association that they deem inclined. He noted that it was the exclusive responsibility of the state through the various security organizations to see to the protection of these fundamental rights of the people. "Today, across our major cities and even in the hinterlands, citizens, especially the youth, can hardly walk freely in open avenues without the police stopping them to search through the content of their mobile handsets. Civil servants now lose their jobs just because they choose to criticize politicians in government positions,� he said. According to him, "In many of the states across the country, there is a reign of fascism with governors who have suddenly become overlords dealing ruthlessly with anyone who dares to challenge their ruthless foothold of intimidation and oppression. "Perhaps at this point, we need to remind ourselves that the democracy which we enjoy today did not come cheap price. It came at the cost of supreme price paid by persons that included Chief MKO Abiola, Alhaja Kudirat Abiola, Maj-Gen Shehu Yar’Adua, Chief Alfred Rewane and Bagauda Kaltho, among thousands of other patriots."

Bill The executive bill seeking to take over the control and ownership of various waterways in Nigeria by the federal government is curious and suspect. Critics of the bill have argued that it was crafted with an ulterior motive. Page 15

POLITICS Can Buhari’s Soothing Balm

Heal The Injuries? Nseobong Okon-Ekong, Segun James, Shola Oyeyipo and Sylvester er Idowu write that the conferment of national honours today on some key ey figures in the annulled June 12‌ Page 16

FEATURES Bayelsa’s Many Troubles

Emmanuel Addeh reports on the resistance to efforts by the current administration in Bayelsa State to reform what many agree is a hugely overburdened public service and attempts to douse the ensuing tensions Page 18

BUSINESS LCCI: Delayed 2018 Budget,

Threat to Achieving ERGP Targets The Lagos Chamber of Com- merce ce he and Industry (LCCI) has said that the delay in passing the 2018 budget may drag the economy into a state e of inertia and economic decline. Page 23

PROPERTY Hassan:ForeignInvestorsinHous us ingMustLookBeyond Sovereign gn Guarantee The federal government’s desire is to involve foreign companies in housing development in the country, ry, e but they must drop their insistence on being granted‌ Page 28

INTERNATIONAL US Says North Korea Talks Moving Quickly, Trump to Leave Early President DonaldTrump plans to depart early from his unprecedented summit with Kim Jong Un,The Associated Press reported theWhite House‌ Page 33

SPORTS Stylish Eagles Captivating the

World with Dress Sense First it was Super Eagles home and awayWorld Cup jerseys that created a frenzy around the world on the day sportswear giants, Nike, put them on sale in London. In just matter of hours‌ Page 38


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NEWS

ĂœĂ™Ă&#x;ĂšĂ?ĂĄĂ?ĂŽĂ“ĂžĂ™ĂœEjiofor Alike Ă—Ă‹Ă“Ă–Ejiofor.Alike@thisdaylive.com, 08066066268

Saraki: Senate Exposed High Level Corruption in Govt Passes 213 bills in three years Deji Elumoye Ă“Ă˜ĂŒĂ&#x;ÔË Senate President, Dr. Bukola Saraki, yesterday reviewed the activities of the Senate under his leadership in the last three years and expressed happiness that it was able to unravel high level corruption in government.  He also said the eighth Senate passed 213 bills and cleared 138 petitions brought before it by the public since its inauguration on June 9, 2015. In a statement issued yesterday from Saudi Arabia where he is on lesser hajj, Saraki emphasised that “we exposed high level corruption in the management of the North-east relief efforts and passed the North East Commission Bill which has now been signed into law.â€? According to him, “In three short but eventful years, we  have worked assiduously and diligently to meet the demands of Nigerians and a changing economy that experienced a recession just a year after we assumed office. “We have passed 213 bills, cleared 138 petitions submitted by the public. We are happy to say that this Senate is the most productive since 1999. It has surpassed the fifth Senate which with 129 bills in four years had the highest number of bills, as against the sixth Senate with 72 bills, and 128 passed by the seventh Senate. The number of petitions we have successfully treated to the satisfaction of Nigerians who filed them dwarfed the eight and six treated by the sixth and seventh Senate respectively,â€? Saraki explained. Saraki further posited that the Senate has worked to grow the country’s economy by passing bills like the Companies and

Allied Matters Act, the Secured Transactions in Movable Assets Act, the Credit Bureau Reporting Act and the Warehouse Receipts Bill, Nigerian Railways Authority Bill and National Transportation Commission Bill, “which are aimed at providing significant reforms to our business environment and strengthening our lending legislative frameworks to allow SMEs to access capital. “We are particularly glad that the impact of the Secured Transactions in Movable Assets Act and the Credit Bureau Reporting Act became apparent immediately after they were signed into law as they form the basis for which the World Bank upgraded the rating of Nigeria in its Annual Ease of Doing Business rating. We expect that when the new CAMA which we just passed becomes law, it will yield an even more significant result in helping small and medium scale entrepreneurs to access capital, grow and multiply,� he said. “We have also passed bills like the Nigerian Financial Intelligence Unit Bill, the Mutual Assistance in Criminal Matters Bill, the Witness Protection Bill, the Whistleblower Protection Bill and the Federal Audit Service Commission Bill to support the fight against corruption. It should be noted that the National Assembly quickly rose to the occasion to prevent the expulsion of Nigeria from the global community on the exchange of financial intelligence by expediting the passage of the NFIU bill,� he added. “With the support of the Nigerian public, we were able to break the PIB jinx, by passing the Governance Component of the Petroleum Industry Bill, and now, we have successfully conducted the Public

Nigeria Backs Reforms in APPO as Kachikwu Emerges New Head Chineme OkaforĂ“Ă˜ĂŒĂ&#x;ÔË Nigeria yesterday disclosed it would back the quest by 14 African oil producers to reform the operations of their umbrella body, the African Petroleum Producers Organisation (APPO), adding that it was in support of the emergence of the organisation’s new president and Nigeria’s Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, as well his expectation to lead the reforms. Vice President, Prof. Yemi Osinbajo, made the declaration shortly after Kachikwu became president of APPO at the extraordinary session of the APPO in Abuja. Kachikwu, took over from Michel Boukar, a Chadian, as APPO’s president, an organisation of African countries producing oil and gas. He would be expected to lead its next phase, which would include re-strategising for the emerging challenges of the global oil industry. APPO was founded in 1986 in Lagos, with its headquarters in Brazzaville in the Congo, and currently has members that include Algeria, Angola, Benin, Cameroon, Chad, Democratic

Republic of Congo, Congo Brazzaville, CĂ´te d’Ivoire, Egypt, Gabon, Equatorial Guinea, South Africa, Libya, and Nigeria. Altogether, these countries account for virtually the totality of Africa’s oil and gas reserves and output. The founding of APPO was spearheaded by Nigeria as an effort to mitigate its dependency on western technology and western markets for oil export revenues. The objective of APPO was to promote cooperation in petrochemical research and technology. In his remarks, Osinbajo said it was good the association decided to self-reform, adding that the choice of Kachikwu was apt. The vice president equally noted that Nigeria would back the reform efforts of Kachikwu and his team in APPO. He explained that Kachikwu had been in the centre of Nigeria’s attempt to reform her oil industry and should in this regards be comfortable with his new task at APPO. Osinbajo said: “As the birthplace for what is today known as APPO, Nigeria is concerned that it has not lived up to the expectation of its founding fathers, 30 years after it was set up.

Hearing on the Administrative, Fiscal and Host Community Components of this Bill — taking it to its farthest stage since 1999,� Saraki stated. He said: “Also of note is our passage of the constitution amendment bills, some of which will change the landscape of governance in Nigeria. Some of the Bills like the ‘Not Too Young to Run’ bill, the Financial Autonomy for Local Government Bill, Financial Autonomy for Houses of Assembly among others are aimed at improving governance and ensuring that government serves our people better.� Saraki also highlighted some of the interventions of the Senate since June 9, 2015, stating that the impact of the work of the legislature in Nigeria’s system of governance

was starting to be understood. “The legislature as the youngest of the three arms of government still has a lot of catching up to do in ensuring that Nigerians understand its role in our democracy. This is why we have been attentive and responsive to the needs of Nigerians by intervening where it counts. “We will like to reiterate the fact that this Senate has taken deliberate measures aimed at opening up the institution for better understanding by members of the public. These measures include providing details and breakdown of the annual budget of the National Assembly, holding of public hearing as part of the budget preparation process, the proposed Open National Assembly Week aimed at engaging with other arms of government and civil society groups and the

frequent discussions with a view to resolving issues involving labour unions, government and other stakeholders. “We have also engaged stakeholders on the drug epidemic that is ravishing a significant demographic of our population and we are set to pass new bills that will help to address the mental health aspect of drug abuse and the law enforcement component that has to do with ensuring that all agencies of the federal government are working in-sync to tackle this menace with clearly defined legal structures in place. We equally intervened in the human trafficking and illegal migration crises plaguing the youthful segment of our population. “We have also been working

to ensure that healthcare remains the right of every Nigerian and this is why with the passage of the One per cent of the Consolidated Revenue Fund (CRF) to establish the Basic Healthcare Fund in the 2018 budget, primary healthcare will be within reach for all 180 million of us. “The One Per cent Basic Healthcare Fund is an intervention we made out of our conviction that all Nigerians, no matter their station in life, deserve access to qualitative and affordable health care. This is a move we made for the ordinary Nigerians a n d w e b e l i e v e it will help to create a more vibrant, healthy and patriotic citizenry,� Saraki explained.

ELECTRICITY SUPPLY

L-R: Representative of the Governor of Kaduna State and Permanent Secretary of the state Ministry of Rural and Community Development, Mallam Mahmud Zailani; Minister of Power, Works and Housing, Mr. Babatunde Fashola; Managing Director and CEO, Transmission Company of Nigeria, Mr. Usman Gur Mohammed, shortly before the inauguration of the 2 x 60MVA, 132 /33kv transformers at the Kakuri Power Station in Kaduna ‌recently

Aso Villa Chaplain: How Osinbajo Escaped Helicopter Crash The engine of the helicopter conveying Vice-President Yemi Osinbajo which had an emergency landing in Gwagwalada on June 7, 2018 actually failed, Chaplain of the Aso Villa Chapel, Pastor Seyi Malomo, revealed in Abuja yesterday. Osinbajo was in Gwagwalada last Thursday to attend the graduation of 40 senior officers of the Nigeria Customs Service at the Customs College. On his way back to the Presidential Villa, the helicopter conveying him made an emergency landing just about

30 seconds after take-off. He had to undertake the journey back to the Villa by road along with his aides. But while the story went viral, his media aide, Mr. Laolu Akande, in a tweet, ascribed the reason his principal had to return by road to “technical reasons.� However, at a special praise-and-thanksgiving service in the chapel yesterday, Malomo gave the true picture of the incident, saying the engine of the helicopter actually failed. The pastor who said the

news of the averted tragedy filtered in with shock, thanked God for preserving Osinbajo, describing his protection as the protection of the country. He said a whole lot of 120 hours would be devoted to praising God, teaching people and praying to God for his blessings for Nigeria. “Last week, we received the news with shock that the Vice-President’s helicopter engine failed and we thank God that God preserved him. “The preservation of the leaders is the preservation of

the nation and, as a result, we want to thank God. “This programme was organised to thank God for His watchful eyes over our leaders, over our nation and more particularly, over the deliverance for the vice president. “We will be spending 120 hours praising God, teaching about thanksgiving, praying to God to bless Nigeria more, establish peace in Nigeria more, preserve our nation more and give us the victory that is needed,� Malomo said.

FG Declares Friday, Monday, Public Holidays for Eid-el-Fitr The federal government has declared  June 15, and 18 as public holidays to celebrate the 2018 Eid-el-Fitr. The Minister of Interior, Lt-General Abdulrahman Dambazau (rtd), made the declaration yesterday in Abuja on behalf of the federal government in a

statement issued by the Permanent Secretary of the ministry, M. Umar. He congratulated the Muslim faithful on a successful completion of the Ramadan fast and enjoined all Nigerians to use the occasion of the celebration to pray for the

peace, unity, prosperity and stability of the country. Dambazau said it was the government’s desire that all Nigerians be inspired by the virtues gained during the holy month of Ramadan to live a life of sacrifice, charity and love for one another.

He encouraged all Nigerians to join hands with the government of President Muhammadu Buhari in taking the country to greater heights. The minister wishes all Nigerians a happy, peaceful and rewarding Eid-el-Fitr celebration.


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T H I S D AY • TUESDAY, JUNE 12, 2018

COMMENT

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

POLITICS, RELIGION AND THEATRICS OF JUNE 12

Recognition of June 12 should be appreciated over and above consideration of imperfections in the declaration, writes Sufuyan Ojeifo

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une 12, 1993 was the day eligible Nigerians trooped out in their numbers to choose between the late M.K.O. Abiola of the defunct Social Democratic Party (SDP) and Alhaji Bashir Tofa of the defunct National Republican Convention (NRC) who would be president of the of Nigeria. The foundation for the politics, religion and theatre that would later define the election and its ramifications was laid on that day. A majority of Nigerian electorate looked at the bigger picture and shattered the miniature fault line of religion by casting their votes for the MuslimMuslim ticket of Abiola and Baba Gana Kingibe in a rare approbatory gesture. The candidature of Abiola, his seemingly larger-than-life humanity and eleemosynary persona had in the main helped to insulate the ticket from the primordial prejudice of religion. The then military regime of General Ibrahim Babangida that superintended the political transition programme had on that score written off the ticket as a strategic electoral blunder. The Muslim-Christian ticket of Tofa and Dr Sylvester Ugoh coupled by the NRC was expected to benefit from the factor of religion. Alas! Babangida and his men were mistaken. That thesis has continued to reinforce the narrative that they never wanted Abiola, for reasons best known to the cabals in power, to become president of Nigeria. A very influential and cosmopolitan Abiola had gone ahead to win the election. President Muhammadu Buhari has just, sensationally, confirmed the historic verdict that the defunct National Electoral Commission (NEC) under the chair of Professor Humphrey Nwosu was prevented from officially announcing. At the time, the Babangida military junta had annulled the election, citing, among others, heavy monetisation of the presidential primaries, the election proper, the rulings by the courts stopping NEC from proceeding with the poll and other bad conducts. In his speech justifying the annulment, Babangida had specifically said: “Evidence available to government put the total amount of money spent by the presidential candidates at over N2.1 billion….Apart from the tremendous negative use of money during the party primaries and presidential elections, there were moral issues, which were also overlooked by the Defence and National Security Council.” Babangida’s plan to reset the entire transition programme, especially to fix end of July 1993 for the SDP and the NRC to put in place the necessary process for the emergence of two presidential candidates under the supervision of a recomposed NEC, did not materialise. The decision to annul the June 12 election precipitated a rash of nationwide protests for the revalidation of the result. The sustained protests forced Babangida to step aside on August 27, 1993. He had coupled an Interim National Government (ING) that was headed by a British-trained Nigerian lawyer and former Chairman and Chief Executive of UAC, Chief Ernest Shonekan. That was after some notable Nigerians had reportedly lobbied to be given the job. Ironically, Obasanjo, who was reportedly opposed to an Abiola presidency, would later become the greatest beneficiary of the June 12 debacle. When the politics of necessity, that historic obligation, came about in 1998 to compensate the southwest zone for denying Abiola his mandate and for paying the supreme sacrifice in the custody of the Nigerian state, it

HIS CAMPAIGN WAS AMBITIOUS: USE TECHNIQUES THAT HAD BEEN EXCLUSIVE TO FICTION, PARTICULARLY SUBJECTIVE POINT OF VIEW AND LENGTHY DIALOGUE, IN NEWS REPORTING AND ANALYSIS

was in the direction of Obasanjo that the military cabal looked. At the time fate beckoned, Obasanjo was in jail in which the Abacha military junta had clamped him for alleged phantom coup plot. The harsh sentence handed down to him generated a great deal of public empathy. He also enjoyed the support of his military constituency to emerge president in April 1999 election. He was inaugurated on May 29. While in the saddle as president, he could have used his good offices to honour Abiola’s memory, political martyrdom and heroism. He never did. Obasanjo declared May 29 as Nigeria’s Democracy Day in spite of the undying advocacy by pro-democracy activists whose strategic hub was the National Democratic Coalition (NADECO) to designate June 12 as such in honour of Abiola. Credit must be given to those advocates who continue to drive the annual ritual of celebrating the day through all manner of intellectual engagements. They have, indeed, approached June 12 with a sense of religiousness. For them, June 12 has become a religion that fits perfectly into and finds vast expression in the history of the nation’s democratic enterprise. The southwest is generically the pantheon of the June 12 worship. Unsurprisingly, for all of eight years of Obasanjo in power, he remained an infidel to the worship of June 12. Former President Goodluck Jonathan could have done what Buhari has just done by declaring June 12 as Democracy Day; perhaps, he did not enjoy the benefit of a good advice in that direction. He had, however, in good faith attempted to rename University of Lagos after Abiola but the move was resisted by some quarters, which preferred the elegant, fashionable and famous Unilag nomenclature.Jonathan, as rationalised by some writers close to the development, did not confer national honours on Abiola because he was advised that it could not be done posthumously. A former Chief Justice of Nigeria, Alfa Belgore, whose weighty advice was in the context of the provisions of the National Honours Act No. 5 of 1964, must have encouraged the Jonathan government to embrace circumspection on the matter. Belgore has also now declared Buhari’s award of Grand Commander of the Federal Republic (GCFR) to Abiola posthumously as illegal. That also coextends to the human rights activist, the late Chief Gani Fawehinmi’s Grand Commander of the Order of Niger (GCON). Buhari’s audacious decisions have precipitated some theatrics, bordering on the sublime and the ridiculous. The sublimity is writ large evident in the interrogation of the laws regarding the process-whether he had acted legally or not. Sections 3 (2) and (3) of the act cited supra have been adduced to justify Buhari’s decision to honour Abiola and Fawehinmi posthumously. While subsection two talks about living persons for honours, subsection three vests powers in the president to waive the preconditions in the preceding subsection. If there were law(s) recognising May 29 as Democracy Day as claimed by some persons, Buhari should set machinery in motion to expeditiously propose a June 12 Democracy Day bill that will repeal and supersede it. Ojeifo, a journalist, wrote from Abuja

CLIMATE CHANGE AND SECOND MOON Victor C. Ariole writes that the far Heavens are observable here on earth as the moons appear

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hanks to UNESCO and, also, West African Research Association (WARA) of which I am a member, for alerting the world and intervening promptly as the African cum world heritage, Timbuktu, was about getting ruined. Some stored knowledge in Timbuktu, where once the surrounding of clean streams and sand mass made it easier to observe the skies than current expenses on great telescopes, are worth exploring to understand the Heavens. In Timbuktu you learn how the behaviours of the stars were observed and put to use for humanity. Today I doubt if any telescope can get to that level, beyond the moon. The Timbuktu approach looks down to observe as clean waters and sand display what the heavens have in stock. And on that approach I sighted, watched and observed from 28th May till 3rd June the sun battling with two, well separated, moon-like objects in the sky as it rose around 9am till 10.30 making sure they cleared the way for humans to continue their existence on earth. Quite awesome and amazing observations for the atheist to recant their stance. Science instructs us that the moon is 400 times farther from the sun like it is from the earth; that is in between, and that it is also 400 times smaller than the sun in its full moon state. And, of course, in Africa, the sun appears every day to the eyes to notice and it is like the visible ‘masquerade’ human beings see, for now, as The Creator keep distancing ‘thereto to them’ like the Mandikans say. To the Igbos it is one-eyed object as well as a masquerade impossible to be explored right standing on this planet earth alone. NASA and the biggest telescope stationed in

France are yet to relate effectively what they see so as to match it with what the Timbuktu knowledge store has. For the African who once indicated the stars’ positions, the sun is seen from the one-eyed point of view, for the German it is a ’ mother’ pampering a father – the moon, for the French it is a father directing heavenly affairs as per romance culture marrying the Jewish one to produce the Apostolic faith, initial Christianity. Watching a Google Plus upload I saw a posting there showing Angela Merkel and beside her like a lost father is Francois Hollande – German and French respectively personified – observing skyward. However, while Angela was pointing her finger high to the sky to attract the attention of Francois to the behaviour of strange object in the sky, Francois was merely looking at the finger of Angela and the poster captioned it thus: Angela is calling the attention of Francois to the sky and Francois remained fixated to the finger of Angela. It is a clue to how people see the planet earth from their different angles and it is also the current quid pro quo on the climate change debate. In effect every appearance of the moon, a relatively unstable object in the sky compared to the sun and the stars, has something to teach humans who must leave on such constant change whether in the crescent form of the moon or in its full form. Or even in its movements or colours that are never constantly stable. It is either informing or warning towards new occurrences or towards weather distress points. And its appearance in May saw many distress phenomena happening from the water ejected lava in the Hawaiian mountains to the dust storms in the eastern hemisphere to the heat waves killing people in the same hemisphere

especially Pakistan, Indonesia and India. Coincidentally, I spotted this new moon - like object at the end of these commotions as if confirming an earlier prognosis in my book entitled “The Unity of the Nudian Race”; that the planet earth is either expanding or internally imploding to accommodate new species that could give humans more trouble to ponder on instead of disturbing the Heavens. Please I am just a human being trying to observe like Angela so as to draw the attention of powers that be for necessary actions for better humanism. The point is that the position of the second moon that seems to be close to the Antarctica ocean gives a clue of the expansion direction; either around the Falkland Islands in Argentina, Tasmania in Australia or Cape Town in South Africa, some species are in trouble especially the penguins and the whales. The new moon is like a new born baby with both pains and joy it occasions. It goes with what George Washington, the first president of America said, “The blessing and the protection of the Heavens are at all times necessary so especially in times of public distress and danger.” Yes, the world is at its wit end capable of ushering in joy or pain. Science has been able to map out areas of distress and possible tsunamis as fault lines and molten rocks are quite detectable. Notwithstanding human beings fail to learn and adjust to mitigate distress and pains. And African myth would say no hiding place for any evil greatly abhorrent to the Heavens as lightening will strike to unearth it the ”Amadioha“ way. It is amazing to hear from science that even water could strike as it is striking to kick out poisonous lava from the Hawaiian lava excretion in days. Water underneath being

disturbed to the point that it sending back to humans what they secretly injected underground. Like George Washington said the Heavens will always come to humans rescue against their own self-inflicted pains and distress. So what are humans going to do with the expected expansion even as it was once announced that they have discovered the 8th continent? The new world, America, emerged as Europeans feared economic suffocation in their own small continent as well as running for their lives amidst the chains set on them by their kings and lords stifling their individual self-actualisation. Collectively identifiable groups – peasants, petit bourgeois and even miscreants among them knew it was time to move on and leave the space for those kings and lords. That movement recorded pains and distress but turned out a success for humanity whether right or wrong. However, the Australian movement as segregated as it remained seems not to be a success and needed to be revisited as the new moon seems to be close there and about creating human migration. The new moon is also the Heavens telling humans to limit themselves to the planet earth and leave the Heavens alone in line with God still distancing thereto as humans continue to remain more quarrelsome in their attitude and avoiding the part of peace and happiness. Nigerians say, what you are looking for in Sokoto is right there in your shokoto and so humans should rethink their quest for far Heavens when indeed the far Heavens are observable here on earth as the moons appear. Ariole, Professor of French and Francophone Studies, wrote from University of Lagos


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EDITORIAL A CONTROVERSIAL WATERWAYS BILL The bill must be properly examined as it points to deepen problems in the polity

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he executive bill seeking to take over the control and ownership of various waterways in Nigeria by the federal government is curious and suspect. Critics of the bill have argued that it was crafted with an ulterior motive. While we do not want to impute motives, it is our view that the federal government should steer clear of issues that have the tendencies to generate acrimony and further divide the people. Tagged “A Bill for an Act to Establish a Regulatory Framework for the Water Resources Sector in Nigeria, Provide for the Equitable and Sustainable Development, Management, Use and Conservation of Nigeria’s Surface and Ground Water Resources and for Related Matters,” it has been a subject of reviews and debate on social media in recent weeks. The conclusion to draw is that if passed in its current form, it has the tendency to heighten needless mutual suspicions, especially on matters bordering on ethnicity. The bill had WHATEVER MAY BE THE initially passed the MOTIVATION FOR THE BILL, second reading in the Senate and WE URGE THE FEDERAL GOVERNMENT TO HAVE A was consequently committed to the SERIOUS RETHINK ABOUT committee stage for ISSUES THAT ARE VERY further legislation. POLARISING AND COULD However, after the EASILY BE MISCONSTRUED committee brought back the bill for final passage, it generated a heated debate among senators, prompting the upper legislative chamber to constitute another ad-hoc committee to further look into some of the controversial provisions. It is instructive that many states have already registered their opposition to the bill. During a clause by clause consideration of the bill, the Minority Leader and former Akwa Ibom State Governor, Senator Godswill Akpabio, had pointed out a provision seeking to empower the federal

Letters to the Editor

government to take control of all waterways and their banks in Nigeria. The provision stipulates the transfer of large pieces of land adjoining the river banks across the country, which have been the exclusive preserve of state governments, to the federal government. If the bill sails through, it will alter the critical provisions in the Land Use Act which vests the ownership of the land on the state governments except in the Federal Capital Territory (FCT) where the federal government holds sway. We do not understand why the federal government would want to take a substantial part of the powers of state governments on land particularly at water fronts. We therefore share the view of Akpabio that it is a ploy to deprive people living along riverbanks of their basic livelihood as they will lose ownership of such land to the federal government.

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

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, BOLAJI ADEBIYI 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

kpabio reasoned that if the bill becomes law, its authority will spread beyond river banks especially when water bodies dry up in some places. The senator cited the Lake Chad, whose water content, he said, used to cover 25,000 kilometres of land but has now dried up to about 5,000 kilometres. According to him, as a result of the disappearance of water in Lake Chad to the tune of 20,000 kilometres, residents of the water banks now use such areas for farming which he said could not have been possible if this bill had become law. Coming at a period many Nigerians are calling for a restructuring of the federation so that more powers and resources are devolved to sub-national units, the idea of the federal government appropriating the waters is ludicrous to say the least. Whatever may therefore be the motivation for the bill, we urge the federal government to have a serious rethink about issues that are very polarising and could easily be misconstrued. Above all, we hope the ad-hoc committee of the Senate will thoroughly examine the content of the bill and clean up all controversial provisions that can further divide us before bringing it back for further consideration and eventual passage.

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.

LAGOS SMALL CLAIMS COURTS AND MECHANISMS

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n April 23, 2018, the Chief Judge of Lagos State, Justice Opeyemi Oke, as part of her efforts to fast-track justice delivery in commercial disputes involving small claims, inaugurated the Small Claims’ Courts. The launching of the small claims courts, the first in the country is expected to set an example for other states in the country. According to the Chief Judge of Lagos State, the purpose of the court is to provide easy access to an informal, inexpensive and speedy resolution of debt recovery disputes in the magistrate courts, of claims not exceeding the sum of N5 million. Generally, small claims courts refer to special courts (often called conciliation courts) which are established for the provision of expeditious, swift and inexpensive adjudication of small claims. The jurisdiction of small-claims courts typically encompasses private disputes which do not involve large amounts of money. It encompasses the routine collection of small debts, evictions and other disputes between landlords and tenants, as well as breach of contracts and simple torts. The foregoing constitutes the bulk of the cases brought before small-claims courts. Quite commendably, the adjudicatory process for these courts is simplified and encourages self-representation, thereby effectively reducing the cost of legal representation. The filing process has also been reduced into standard forms and a claim may be initiated by simply approaching the small claims’ court registry and filling the relevant forms before filing them. Accordingly, claimants are to file a standard form at the court registry and serve the form, which

usually contains the claim(s), on the defendant(s). Following the underlying objective of ensuring speed and efficiency, every step in the dispute resolution process is time-bound and the stipulated timelines are to be strictly complied with. For example, service of the forms, response to the claim and so on, have a prescribed time limit for filing. The entire period of proceedings, starting from filing of the claim till judgment, is not to exceed 60 days. This would no doubt ensure that issues bothering on small claims are resolved without the usual bottlenecks that characterise conventional court cases. Interestingly, the Presidential Enabling Business Environment Council, a world bank initiative under the office of the Vice-president of Nigeria on the ease of doing business in Nigeria, coincidentally has as part of its reforms, enforcement of contracts the introduction of special mortgage and commercial courts (similar to the small claims court). For this purpose, Lagos and Kano States were chosen as pilot states for the scheme. The small claims court in Lagos compares to similar schemes in other jurisdictions. In the United States for example, the superior court of the Virgin Islands has established the small claims division. The small claims division of the superior court provides simple and inexpensive judicial procedures for the handling of small claims. The small claims division has jurisdiction of all civil actions where the amount in controversy does not exceed the value of $10,000, exclusive of interest and costs. This measure gives individuals, corporations, partnership, businesses, etc., the opportunity to have smaller matters heard by the court and to represent themselves. Every state in the U.S. has established a small claims or conciliation

court to resolve legal dispute involving an amount of money that is less a certain dollar figure. In addition, the California small claims court handles cases that involve disputes over money or property, usually below a set financial limit. In California, an individual can collect up to $7,500 in small claims court, while corporations and limited liability companies are still limited to $5,000. In Canada small-claims court procedure is regulated both by provincial legislation and rules in most provinces. Small-claims procedure is simplified with no strict pleadings requirements and no formal discovery process, and parties’ costs may be limited. All provinces have procedures for small claims. In most provinces, including British Columbia, Alberta, and New Brunswick, small-claims courts operate independently of the superior courts. In other jurisdictions, the small-claims court is a branch or division of the superior court. In Ontario, Canada, the small-claims court is a branch of the superior court of justice, and in Manitoba Canada, the court is under the jurisdiction of the court of the Queen’s Bench. Small-claims cases are heard by judges of the provincial court in British Columbia, Alberta, and Saskatchewan, by judges or deputy judges of the superior court of justice in Ontario, and by hearing officers in Manitoba. In conclusion, the establishment of this court is a step in the right direction. It is believed the small claims court can help accelerate the process of justice in relation to debt recovery in Lagos State, reduce the backlogs of pending cases/ influx of cases before superior courts of record and ultimately improve access to expeditious settlement of disputes. Nwachukwu Obi is a Lagos-based lawyer


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POLITICS

Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com 08033482120 SMS ONLY

TRENDING NEWS

Can Buhari’s Soothing Balm Heal The Injuries? The Impending June 12 Holiday

Nseobong Okon-Ekong, Segun James, Shola Oyeyipo and Sylvester Idowu write that the conferment of national honours today on some key figures in the annulled June 12 presidential election highlights the possibility to objectify a June 12 national holiday

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ne of the earliest actions by General (then Lt. Col.) Yakubu Gowon after power was thrust upon him as Nigeria’s Head of State following the countercoup of 1967 was the release of Chief Obafemi Awolowo, first premier of the western region from Calabar Prison where he was committed for treason. His freedom was not only guaranteed, as federal commissioner for finance and vice chairman of the Federal Executive Council, Awolowo was the highest ranking civilian in that military regime. The rehabilitation of Awolowo was seen by many as a rapprochement to the Yorubas who were seething with pain from injuries arising from the tumultuous crises that engulfed that region, including Awolowo’s incarceration. Throwing every anchor from the harbour to salvage the sinking ship of state which was threatened on all sides, particularly with an impending secession by the eastern region, Gowon needed to secure the understanding of the Yorubas. Releasing their leader from prison did the trick. With today’s conferment of national honours by President Muhammadu Buhari restoring the memory of late Chief Moshood Kashimawo Abiola, his running mate in the annulled June 12 presidential election, Babagana Kingibe and another Nigerian patriot who was committed to the actualisation of June 12, Chief Gani Fawehinmi and his declaration of June 12 as Democracy Day, history seems to be repeating itself. Though, Chief Moshood Abiola has passed on, rehabilitating his memory at this juncture in Nigeria’s political history, is a very skillful and opportune act by Buhari. Coming 25 years after, it is arguable whether it still carries a convincing sway. What is not in doubt, however, is that it is several inches closer to objectify a June 12 national holiday! Attempts to Immortalise Abiola There have been several attempts at various levels to immortalise Abiola, but none has been as decisive as the latest by Buhari. Perhaps, the disturbing spirit of people who suffered different types of losses, including loss of life will be appeased, 25 years after they vehemently protested the annulment of what was tagged the freest and fairest election in Nigeria history. For sacrificing his life for the attainment of democracy in Nigeria, Abiola’s memory has been decorated with a growing number of monuments. For instance, his home state, Ogun State, has the MKO Abiola Stadium, Abeokuta, June 12 Cultural Centre and Moshood Abiola Polytechnic, Abeokuta, which the National Universities Commission upgraded to Moshood Abiola University of Science and Technology in 2017. In Osun State, an airport under construction in Ido-Osun, Osun State, was named after MKO. The Lagos State Government has also concluded plans to name the National Stadium, Surulere, which was recently passed to it by the federal government, after the acclaimed winner of the June 12, 1993 presidential election. There is Moshood Abiola Way in Abuja, Moshood Abiola Way, Ijora, Lagos, Moshood Abiola Model Market, Market • Ogba, Lagos. It is also noteworthy to catalogue the 2014 effort (even if many considered it half-hearted) by former President Goodluck Jonathan to name the University of Lagos after Abiola. The initiative was, however, thwarted on the altar of political differences between the former ruling Peoples Democratic Party and then opposition party (now ruling party), All Progressives Congress

Buhari...politics or commitment?

Abiola

Protest scene over June 12 years after

(APC). Calls for Bolder Steps Praiseworthy as the Buhari announcement may appear in some quarters, the Nigerian Senate wants the President to take a bolder step by asking the Independent National Electoral Commission to announce the official result of the June 12 presidential election. Among other things, the lawmakers also want government to grant entitlements to the winner, recognise Babagana Kingibe as a former vice president and an unambiguous declaration of June 12 as a national holiday. Many states in the south west already take a break from official duties on that day. But constitutional lawyer and former National Secretary, Labour Party, Mr. Kayode Ajulo, argued that some of the demands on the presidency by the senate are unattainable.

According to him, for political exigency, Senate or any other group and/or individual may urge INEC to perform any act in the circumstance. That should not be translated to mean Senate could compel INEC to declare the June 12 presidential election result. “We operate a constitutional democracy where powers of state actors and institutions are prescribed with little allowance to broaden same. “By clamouring for the release of result of an election held 25 years ago, the Senate missed it in assuming that it can do things that catch their fancy without taking recourse to the law under which the election was conducted. “Under the constitution and our electoral act, the power of INEC is limited to the election it conducted, with a specific time frame of casting ballots, collation of results, eventual declaration/ release of result and finally, petitions if any.”

Resting the Ghost of June 12 The most important effect of the Buhari declaration is the perception that the action may have finally laid to rest the ghost of the June 12, 1993 elections and the place of Chief Moshood Kashimawo Abiola in the politics of Nigeria. June 12 cast a dark shadow on the political firmament of the nation. The election data showed that Abiola won the polls but he was never formally declared winner and was not sworn into office by the military government of Ibrahim Babangida. Abiola was later detained by the Sani Abacha regime for daring to actualise his mandate. He died in detention in 1998. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com


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TUESDAY, JUNE 12, 2018 • T H I S D AY

FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com

Bayelsa’s Many Troubles Emmanuel Addeh reports on the resistance to efforts by the current administration in Bayelsa State to reform what many agree is a hugely overburdened public service and attempts to douse the ensuing tensions

R-L: Former governor of Delta State, Chief James Ibori, Bayelsa State Governor, Chief Seriake Dickson, his deputy, Rear Admiral John Jonah (rtd) and Speaker, Bayelsa State House of Assembly, Hon. Kombowei Benson, during a meeting with the embattled Ammasoma community

If you want to make enemies, try to change something”- Woodrow Wilson, statesman and former American President. In the short term, change, according to leaders who have taken it upon themselves to reform the status quo, can be a bitter pill to swallow. It becomes even more complex when the reformer believes that the resistance change is not induced by altruistic motives but by selfish external influences driven by ulterior motives. The world over, it is well documented the several outright rejection of and sometimes, erection of road blocks to social and economic changes, even if they would in the long term, be of benefit to all. In Bayelsa, the current administration is grappling with an all-out hostility to its decision to refashion the civil and public service, remove the unnecessary weight it carries and redesign it for sustainability. By the last quarter of last year, the state government had concluded arrangements to rid the entire gamut of the service of people they thought shouldn’t be there. These persons, according to the several committees it set up were payroll fraudsters, credential forgers, promotion racketeers, overaged workers who have refused to retire and other misfits. To be fair, many believe that these same persons who are now seen as misfits were a creation of the same system. Bayelsa since the return of democracy and with its first civilian governor, the late Chief Diepreye Alamieyeseigha, ran like a community, if not a family rather than a state of laws. No systems, no clear-cut rules, regulations were routinely flouted and employment into the civil and public service was more a matter of favour, a matter of giving jobs to supporters, rather than the creation of a perfect fit for existing vacancies. Indeed, the story is that even those who came back from Rivers State after the creation of Bayelsa State, were absorbed into the state civil service on grounds of sympathy. For Governor Seriake Dickson, no system survives

with such huge distortions. And so, as the civil service expanded, the monthly wage bill kept skyrocketing in a state that is perhaps, the least populated in the country. The state kept struggling with the increasing bill, rising to over N6 billion at a point and exceeding by far states that are much more populated, until the bubble finally bust during the last economic recession and Bayelsa buckled under the weight. The restructuring started in earnest when over 4,000 names were suspended from the payroll, then the committee moved into Amassoma, Southern Ijaw, Alamieyeseigha's hometown, where the Niger Delta University is situated. There, they met one of the most absurd

My heart bleeds because these are government decisions that are largely in the best interest of the people in the long run, because the survival of that school (Niger Delta University) is more important, the survival of our state is more important. l am looking at the bigger picture, how to sustain the school and the state

situations: non-academic staff, mainly cleaners, clerks, messengers etc, more than quadrupled the academic staff they were meant to support. Then the sub-committee set up for the purpose started the cleansing. That was when trouble started. Those purportedly affected, mostly community people, shut down the institution, welded the access gate to the institution, barricaded the road leading to the school for many days until the security agencies thought enough was enough. To them, the institution was their farm, their heritage. Much of the argument for retaining the status quo in the institution bordered on a so-called unwritten agreement that the land on which the institution was built was exchanged for perpetual employment for the locals. This position has been dispelled by government. A detachment comprising the major security agencies in the state, which was later to clash with the disgruntled demonstrators, was deployed. In the end, a number of persons were feared dead, some policemen were injured, while the university was looted by hoodlums that had infiltrated the group. In the meantime, the Government of Bayelsa State condemned the violence and attack on the state-owned NDU in a statement by the Special Adviser to the Governor on Media Relations, Mr. Fidelis Soriwei. The government blamed opposition political leaders for the “mobilisation of the hoodlums who barricaded the gate and disrupted academic activities.” It said that the hoodlums attacked a detachment of policemen who were deployed to the NDU and injured some of them before ransacking the Amassoma Police Station. “These mischief makers have mobilised, funded and armed hoodlums to disrupt academic activities in the school, and forcibly close it down even when negotiations on the recent retirement of over-aged personnel of the institution have been concluded and agreements reached. “These hoodlums have for the past one week stopped free movement of vehicles

and persons on public roads. They disrupted conduct of businesses in and around Amassoma by putting canopies on major roads to pander to political interests who are desperate to tarnish the good image of the government,” said the statement. Accordingly, the Bayelsa State Government warned communities to note that the institutions are the collective properties and investments of everyone in Bayelsa and are not owned by any particular host community. The situation was gradually spiraling out of hand, with a groundswell of criticisms, seemingly unjustified, against the governor who was then away from the state. The social media was awash with insinuations that the governor had deployed security personnel to murder Alamieyeseigha’s people. Sensing the implication of the deteriorating security situation and how sentiments and politics was trouncing rationality and commonsense, the Bayelsa State governor, Dickson and a former governor of Delta State, Chief James Ibori, a friend of late Alamieyeseigha eventually met with the people of Ogboin and Amassoma, over the killings. Both leaders told their audience, including traditional rulers, elders, youth leaders and management of the NDU that the meeting was necessitated by the recent happenings in the area in which some persons lost their lives during clashes with security operatives deployed to keep the peace in the institution. At the meeting which held at the Diepreye Alaimeyeseigha Memorial Banquet Hall in Yenagoa, Dickson who had earlier met with the Governing Board of the university at the Government House, Onopa, said he never ordered the killings, despite all the provocation on the security operatives. While noting that he remains one with the Amassoma people, in spite of the fact that the issue had been highly politicised, he insisted that aside the late Alamieyeseigha, no other governor had done the much he (Dickson) had for the people of the area. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com


T H I S D AY ˾ TUESDAY JUNE 12, 2018

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WEEKLY PULL-OUT

12.06.2018

POLICE’S POLITICISATION OF OFFA ROBBERY: REPREHENSIBLE AND SHAMEFUL

Senate President, Dr. Bukola Saraki

Inspector General of Police, Ibrahim Idris


2/DASHBOARD

12.06.2018

Applicability of Limitation Period to Action Commenced in a Wrong Court PAGE 4

Revisit the Adoption of Electronic Voting for 2019 Polls, Olanipekun, Others, Urge NASS PAGE 5

Kogi Chief Judge Warns Lazy Judges PAGE 5

QUOTABLES ‘We also hereby reaffirm our earlier resolution, of a vote of no confidence on the Inspector General of Police, who does nothing other than preside over the killings of innocent Nigerians, and outright disregard for constitutional authority of both the Executive and the Legislature.’ – Dr Bukola Saraki, APC Senator representing Kwara Central, President of the Senate, Federal Republic of Nigeria ‘It’s not about witch hunting the President...The National Assembly is asking Mr President, do your job, take responsibility for the errors of your appointees. If you don’t do that, we will release our attack dog in the Constitution.’ – Honourable West Idahosa, Lawyer, former Member of the House of Representatives, Federal Republic of Nigeria

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

ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

Lawyers, Other Stakeholders, Brainstorm on Corporate Governance at Alliance Law Firm Lecture PAGE 6

‘Every Lawyer Must be Fit in Character and Learning’ PAGE 6

Incentivising Oil and Gas Investments in Nigeria: A Case for IBAs PAGE 12

15 Countries to Converge in Lagos for 3rd ICC Africa Conference PAGE 14

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


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Would Gani Have Accepted Buhari’s Gift?

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appy New Democracy Day! Since I neglected to say it on May 29th, and it has now been shifted to today, I suppose that I have been blessed with another opportunity to felicitate with you, at least with those of you that believe that what obtains presently in Nigeria, is truly democracy! We remember late Chief Moshood Kashimawo Olawale Abiola, who paid the ultimate price for Nigerian democracy, with his life. My Vindication In my piece of 22/5/2018, “Ebola, Adadevoh, Honours and Remembrance”, I wrote that contrary to what people had said, I believe that there is nothing in the National Honours Act or the subsidiary legislation, the Honours Warrant, that prevents National Honours from being awarded posthumously, because Section 3(3) of the Honours Warrant, allows the President to dispense with the normal requirements of the Warrant, and direct the manner in which a recipient can be conferred; meaning that, the President can choose to make an award of national honours, posthumously. In addition, even though Section 6(a)(iii) of the third schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), gives the Council of States the power to advice the President on the award of national honours, it does not say the President must seek or take their advice, in so doing. After all, late General Sani Abacha, Nigeria’s despotic Military leader, known for kleptocracy and his numerous human rights abuses and atrocities, was given his GCFR posthumously by President Jonathan, in 2014. If those that are undeserving can be honoured posthumously, why not those that actually deserve it? The fact that today, late Chief M.K.O. Abiola and late Chief Gani Fawehinmi, SAN, SAM, are being conferred with the highest national honours in the land posthumously, Grand Commander of the Order of the Federal Republic (GCFR) and Grand Commander of the Order of the Niger (GCON) respectively, vindicates my position. For both of them, it is undoubtedly, well deserved, whether belated or not. While Chief Abiola paid for Nigerian democracy and trying to realise his Presidential mandate, with his life, Chief Fawehinmi was arrested 32 times and detained 23 times in different prisons in the country, because of his commitment to securing equity and justice for the masses, and his human rights activism. He is also one of the greatest contributors to the legal profession in Nigeria, with his Nigerian Weekly Law Reports. Dr Ameyo Adadevoh Sadly, Dr Ameyo Adadevoh’s name did not appear on the special list. Maybe on a day that is significant to health awareness, or August 19, 2018, the next anniversary of her death, she will also be honoured. I sincerely hope so. Or maybe if the APC Government, hears that Doctors and all members of the medical profession in Nigeria, will not vote APC come 2019 elections, unless Ameyo is honoured, she will be conferred with her well deserved national

Chief M.K.O. Abiola

honour with “immediate effect and automatic alacrity” (as the television character, Chief Eleyinmi of Village Headmaster used to say)! Altruistic Motive? Am I just being cynical? Or is there anything altruistic, about the reasons for the conferment of these honours on Chiefs Abiola and Fawehinmi? Many believe that, it is nothing more than a desperate ploy by Government, to curry favour with the people, especially those of Yoruba extraction, human rights activists, and workers, seeing as the elections are upon us! In 2008, Chief Fawehinmi rejected the National Honour of Officer of the Order of the Federal Republic (OFR), which was awarded to him by the Yar’Adua Government. He said: “A Government that covertly and overtly encourages corruption, has no honour in its arsenal of power to dispense honour. Consequently, I reject the dishonour of Officer of the Order of the Federal Republic (OFR) termed 'honour', given to me by the Federal Government”. He went on to give his reasons, which I will discuss briefly, for rejecting the OFR. The question is, has anything changed for the better in Nigeria, since Chief Fawehinmi turned down the OFR? Do the reasons why Chief Fawehinmi rejected it, still obtain today? If he were to be alive today, would he have accepted the GCON? For the avoidance of doubt, I see nothing wrong in Chief Fawehinmi’s family accepting this posthumous honour on his behalf, because if there was anyone who truly deserves to be honoured, it is “Gani”. If I am this proud of “Gani”, his principles, his courage, his genuine desire to improve the lot of the masses, how much more so his family? Likewise, I feel happy for the Abiola family, that their Patriarch, Chief M.K.O. Abiola, is finally being given the recognition he so rightly deserves. Shame on the two military letter writers! Some Reasons for “Gani” Rejecting the OFR Poverty Chief Fawehinmi gave several reasons for rejecting the national honour, principal of which was that, poverty had not been eradicated in Nigeria. He blamed the pervasion of poverty in our country, on our successive Governments. The Economic Objectives as provided by Section 16 of the Constitution, had not been met. If he were to be alive today, he would see that people are hungrier now, than then. Unemployment is extremely high, though this Government claims to have created 6 million jobs since 2015, through agriculture (according to Garba Shehu, President Buhari’s Senior Special Assistant on Media and Publicity); and those that are employed, can barely make ends meet, seeing as the purchasing power of the Naira, has nose dived. Chief Fawehinmi said “the leaders of the country in the Executive and the Legislature, are swimming in the splendour of wealth, while the masses are wallowing in and agonising in abject poverty”. This has not changed. Human Rights Abuses “Gani” rejected the national honour, because of human rights abuses by successive Govern-

Chief Gani Fawehinmi, SAN, SAM

ments. I wonder what he would have thought, about the allegations of human rights abuses against the Military in the North East, SARS in the South South, the poor conditions in the IDP Camps, and the inhumane conditions which all Nigerian prison inmates face, what with the overcrowding, inadequate feeding and unsanitary conditions, so much so that recently, the Minister of Interior stated that he had visited the Port Harcourt Prison, and that anyone who went in there as a human being, would come out of there as an animal, which goes against Section 34(1)(a) of the Constitution, which provides that no one should be subjected to torture, inhumane and degrading conditions. Rigging of Elections Another reason why Chief Fawehinmi rejected the OFR, was that it was his considered opinion that Nigeria has never really had a truly democratically elected leader, because elections are rigged. He would certainly have had plenty to say, about the allegations of underaged voting in the North, and the recent disastrous APC Congresses, which were mostly violent, with mass destruction of property, resulting even in some deaths, riddled with allegations of rigging, imposition of candidates et al. Things are worse than when Chief Fawehinmi left them. Rule of Law It is obvious that both the Executive and the Legislature, do not have much regard for the rule of law. They only pay lip service to it. With their non-adherence to court orders and decisions, and breaches of the Constitution, both arms of Government are guilty of this. Examples abound – Security agencies refusing to release those in their custody, who have been granted bail by the courts, the Executive spending almost $500 million on military aircrafts, without seeking National Assembly approval before making such a huge disbursement, appointment of heads of all the law enforcement agencies from the Northern part of the country, contrary to Section 14(3) of the Constitution, and the Legislature suspending Members for long periods of time, despite constitutional provisions that all constituencies must be represented in the National Assembly, and court decisions to the effect that Members cannot be suspended for more than 14 days. Education and Health We all know that, education in Nigeria, has gone down the tubes. Ditto for health services and facilities. Chief Fawehinmi himself complained that, he was a victim of our inadequate health care system in Nigeria, and he had to seek medical care in the UK for lung cancer. Section 17(3)(d) of the Constitution provides that, the State shall direct its policy towards ensuring that “there are adequate medical and health facilities for all persons”. Alas, to date, Nigeria does not have this. I wonder what Chief Fawehinmi would have had to say, about President Buhari’s several trips to the UK for medical tourism. Would he have taken the Government and the President to court, to reveal the details of his ailment, on the strength of the Freedom of Information Act? Would he have demanded for the source of payment of the President’s medical bills in the UK, and an account of all that has been expended on his medical bills so far, plus the cost of parking the Presidential aircraft in London during his long stays, cost of officials travelling to London regularly to visit the President during his various stays in London? Corruption Apart from lack of development of economic infrastructure, which was another reason why Chief Fawehinmi rejected the OFR, the pervasiveness of Corruption in Nigeria, and what he perceived to be, the the seeming lack of will on the part of the Yar’Adua Administration to fight it, plus their persecution of Nuhu Ribadu, the former Chairman of the

ONIKEPO BRAITHWAITE

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

“AM I JUST BEING CYNICAL? OR IS THERE ANYTHING ALTRUISTIC, ABOUT THE REASONS FOR THE CONFERMENT OF THESE HONOURS ON CHIEFS ABIOLA AND FAWEHINMI? MANY BELIEVE THAT, IT IS NOTHING MORE THAN A DESPERATE PLOY BY GOVERNMENT, TO CURRY FAVOUR WITH THE PEOPLE, ESPECIALLY THOSE OF YORUBA EXTRACTION, HUMAN RIGHTS ACTIVISTS, AND WORKERS, SEEING AS THE ELECTIONS ARE UPON US!”

EFCC, whom “Gani” recognised as fighting corruption, were also major reasons for his refusal to accept the OFR. What would he do, about the non-confirmation of Ibrahim Magu as EFCC Chairman by the Senate? What a huge shock it would have been for Chief Fawehinmi, as far as corruption is concerned, post-Yar’Adua to date! All the mind-boggling amounts of money that were stolen during the Jonathan administration, some found by this Administration in all sorts of weird locations; what good use has the recovered loot been put to? How have the masses benefited from the recoveries? The issues of Mainagate, Babachirgate, Ayodele Okegate, the National Insurance Scheme Yusufgate and so on. Would Chief Fawehinmi have Accepted the GCON? Going by his antecedents, it seems that, if Chief Gani Fawehinmi were to be alive today, he may not have accepted the award of GCON, for the same reasons he rejected the OFR in 2008. The almost nonchalant attitude of the Government, with regard to the Herdsmen’s killing of people in Benue State and other areas, even though Government has a constitutional duty to protect the lives and property of Nigerians. If anything, the condition of Nigerians generally, seems far worse than in 2008, especially as regards poverty, which is rife. “Gani” concluded: “In addition to my rejection of the honour of Officer of the Order of the Federal Republic (OFR), on the grounds of the Federal Government's conscious war against the anti-corruption war, the decadent socioeconomic situation does not engender the well being of ordinary people, and there is no hope in sight. In view of the foregoing, I reject the award of Officer of the Order of the Federal Republic (OFR)”. Nevertheless, hearty congratulations to the Abiola and Fawehinmi families. To whom honour is due, honour has been given.


4/LAW REPORT

12.06.2018

Applicability of Limitation Period to Action Commenced in a Wrong Court

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were right to have resorted to the textbook by McGee, who is an authority on the subject. They argued further that, the limitation period did not run when litigation was pending in Suit No. FHC/L/CS/664/2004, up until when the Supreme Court struck out the suit. On the 4th issue, the Appellants argued that, the Respondents’ suit at the trial Court could not be effectively determined, in the absence of both the Nigerian Ports Authority (NPA) and Bureau of Public Enterprises (BPE), and failure to join them as parties in the suit by the Respondents, rendered the suit incompetent. Conversely, the Respondents argued that, having failed to specifically plead the legal defences of non-joinder of parties or improper constitution of the suit in their Statement of Defence, the Appellants could not now raise same in their brief of argument. They also argued that, even if NPA and BPE are necessary parties, the non-joinder would not fundamentally affect the proceedings at the trial Court, as to render it a nullity.

Facts

he 1st to 4th Appellants and the Respondents, through a Memorandum of Understanding (MOU) dated 27/7/2005, jointly bidded for the concessioning and joint management of Terminal C, Tin Can Island Port, Apapa, Lagos, which was being concessioned by the Federal Government of Nigeria, through the Bureau of Public Enterprises (BPE) and the Nigerian Ports Authority (NPA). It was agreed that, if the bid was successful, they would jointly incorporate a joint venture company, to manage operations of the Port. The bid was successful, however, the Respondents later discovered that the 1st, 3rd and 4th Appellants, had incorporated the 5th Appellant without their knowledge, and the said Terminal C had been handed over to the 5th Appellant. A search by the Respondents at the Corporate Affairs Commission (CAC), further revealed that only the 1st and 3rd Appellants were shareholders and Directors of the 5th Appellant Company, contrary to the terms of the MOU. Consequently, the Respondents filed a suit at the Federal High Court in Suit No. FHC/L/CS/664/2004 and judgement was delivered in their favour. The Appellants appealed to the Court of Appeal, which affirmed the judgement of the trial Court. However, on a further appeal to the Supreme Court, the suit was struck out, for want of jurisdiction by the Federal High Court. Thereafter, the Respondents commenced a fresh action at the High Court of Lagos State, claiming declaratory and injunctive reliefs against the Appellants. The Appellants filed a preliminary objection challenging the competence of the suit, on the ground that it was statute barred and improperly constituted. The trial Judge ruled that the claim was not founded on a simple contract as envisaged by Section 8 of the Limitation Law of Lagos State, as argued by the Appellants. The Court also relied on a book by a certain Andrew McGee, to hold that time did not run between 2006 and 8/6/2012, when the Supreme Court struck out Suit No. FHC/L/CS/ 664/2004. Aggrieved, the Appellants appealed to the Court of Appeal which affirmed the decision of the trial State High Court. Consequently, the Appellants appealed to the Supreme Court. Issues for Determination The issues considered by the Supreme Court are as follows: 1. Whether the Court of Appeal was right to affirm the decision of the trial Court, that the Respondents’ suit filed at the State High Court after their earlier suit was struck out by this Court, was not statute barred. 2. When did the cause of action that gave rise to the Respondents’ right of action, accrue? 3. Whether the Court of Appeal was right, that the trial Court had not erred in relying on the book by Professor Andre McGee, in coming to the decision that the time spent at the wrong Court by the Respondents was suspended for the purpose of computation of time. 4. Whether the lower Court was not in grave error, in affirming the holding of the trial court, that the non-joinder of the NPA and the BPE, was not fatal to the Respondents’ case. Arguments On the first and second issues, the Appellants argued that the Respondents’ suit commenced at the trial Court on 8th July, 2012, was statute barred by the provisions of Section 8(1) (a) of the Limitation Law of Lagos State. They argued that the Respondents’ cause of action accrued between July 2005 and 20/12/2005, when the 5th Appellant was incorporated, and their action which was filed on 18/7/2012, being one founded on a simple contract, was statute barred having been filed outside the six years limitation period prescribed in Section 8(1)(a). In response, the Respondents argued that Section 8(1)(a) of the said Limitation Law could be activated in isolation, without considering other relevant and applicable provisions of Sections 13, 32(4) and 58 of the same law, which are exceptions to Section 13(1)(a) and would render it inapplicable. They further argued that, their cause of action accrued, when certified true copies of the 5th Appellant’s incorporation documents were obtained from the CAC, Abuja on 20/7/2006, and they discovered that contrary to the Joint Venture Agreement, only the 1st and 3rd Appellants became shareholders and Directors in the 5th Appellant. The Respondents also argued that, going by the facts of the case and the reliefs sought, the suit was not one predicated on a simple contract, as contended by the Appellants; hence, Section 8(1)(a) of the Limitation Law, was inapplicable and the relevant and applicable provision was Section 13(1), which exempted claims for specific performance of a contract or for an injunction or other equitable reliefs, from the operation of Section 8(1). They also relied on Sections 32(4) and 58(1) of the Limitation Law, and submitted that, the Appellants’ concealment and fraud, also postponed the running of the period of limitation.

Hon. Justice Amina Adamu Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 16th Day of February 2018 Before Their Lordships Mary Ukaego Peter-Odili Musa Dattijo Muhammad Kumai Bayang Aka’ahs Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC.417/2015 Between Sifax Nigeria Limited & 4 Others .........Appellants And Migfo Nigeria Limited & Another ......Respondent (Lead Judgement delivered by Hon. Amina Adamu Augie, JSC)

On the third issue, the Appellants argued that, there was no need for extrinsic aid in the interpretation of Section 8(1) of the Limitation Law, and that time runs at every material time, in determining whether an action is Statute barred. They submitted that, the lower Court went beyond the scope of the Section, when it introduced a staggered computation of time, which the law did not envisage, as limitation of action is an issue of law and jurisdiction. They argued that, the authority of KASSIM v EBERT (TRADING AS CASH STORES) (1966) 1 ANLR 54, relied on by the Court below, was not applicable, in that a case is an authority for what it decides. The Respondents, on the other hand, argued that Courts can have recourse to external aids such as textbooks, in finding the true interpretation of a Statute and that the Courts below

“.....THE STOPPAGE OF TIME, DURING THE PENDENCY OF AN ACTION THAT WAS STRUCK OUT FOR WANT OF JURISDICTION, WOULD COUNT IN FAVOUR OF THE RENEWED ACTION AT THE COURT WITH THE REQUISITE JURISDICTION..... THE TIME THE RESPONDENTS SPENT AT THE WRONG COURT CANNOT BE COUNTED, AS IT WAS SUSPENDED DURING THE PENDENCY OF THE SUIT AT THE WRONG COURT”

Court’s Judgement and Rationale In resolving the first and second issues, Their Lordships held that the application of 8(1)(a) of the Limitation Law of Lagos State 2003 is not absolute, and there are exceptions to its application as contained in Sections 13, 32(4) and 58 of the same law. Specific performance, which was one of the reliefs sought by the Respondents, is provided for under Section 13 of the Limitation Law, as one of the claims exempted from the application of Section 8(1) of the said law, and the declaratory reliefs sought by the Respondents are also equitable, and cannot be classified as a simple contract for which Section 8(1) would apply. The Court also held that the existence of fraud, deceit and concealment in the case of the Respondents against the Appellants, also took the matter outside the ambit of the limitation period in Section 8(1)(a) of the Limitation Law. On the issue as to when the Respondent’s cause of action accrued, the court held that a party’s right of action accrues, when he becomes aware of a wrong against him, and time begins to run when the cause of action crystallises or becomes complete - UBN v UMEODUAGU (2000) 13 NWLR (PT. 890) 352. From the facts of the case, the Respondents’ cause of action properly accrued on 20/7/06, when they confirmed the incorporation of the 5th Appellant without them, through the certified true copies of the 5th Appellant’s incorporation documents which they received from the CAC on that date. On the third issue, the Court relied on ARAKA v EGBUE (2003) 17 NWLR (PT. 848) 1 AT 20 to hold that, although foreign decisions/opinions can only be of persuasive authority and are not binding on Nigerian Courts, as long as the legislation in question is in pari materia with ours, there is nothing in our laws that precludes Nigerian Courts from relying on such foreign decisions, which includes foreign textbooks based on such decisions. Contrary to the submission of the Appellants, the opinion expressed by Professor Andrew McGee in his book titled “Limitation Period”, is based on the decisions of foreign Courts, and the Court below clearly stated that it was persuaded, although not bound by same. Furthermore, the Court of Appeal did not rely solely on the said book, it only found support and corroboration in the opinion of the author based on certain foreign decisions he referred to, which accord with justice and common sense. Based on the foregoing, the Apex Court upheld the finding of the Court of Appeal that the stoppage of time during the pendency of an action that was struck out for want of jurisdiction, would count in favour of the renewed action at the Court with the requisite jurisdiction. A suit that is struck out, has not been disposed of permanently, and is still pending, and the Plaintiff has another opportunity to commence action after curing the deficiency which resulted in the striking out of the suit. Therefore, the time the Respondents spent at the wrong Court cannot be counted, as it was suspended during the pendency of the suit at the wrong Court. ALOR v NGENE (2007) 12 NWLR (PT. 1062) 163 AT 179; IN RE: APEH & ORS (APEH & ORS. v PDP & ORS) (2017) LPELR-42035(SC). On the fourth issue, the Court affirmed the finding of the Court of Appeal, that the non-joinder of a party who is not affected by the reliefs sought in the action, is not fatal to the action before the Court. There was no paragraph in the Statement of Claim, where the NPA or BPE were accused of any wrong, or shown to have likely gained any right or interest in the subject-matter of the suit or otherwise; it follows that, they are not necessary parties, and failure to join them as parties to the suit is not fatal to the Respondents’ case. Appeal Dismissed. Representation: Chief Wole Olanipekun (SAN) with others for the Appellants. M.I. Igbokwe (SAN) with others for the Respondents.


12.06.2018

NEWS/5

Perchstone & Graeys Lawyer, Adewoye, Emerges Winner of Law Dictionary Quiz Competition Akinwale Akintunde

L-R: Pastor Dele Adesina, SAN, Hon. Justice Josephine Oyefeso, representing Lagos State Chief Judge, Justice Opeyemi Oke, Keynote Speaker and former NBA President Chief Wole Olanipekun, SAN, Mrs. Funmi Gaffar, representing Lagos Resident Electoral Commissioner, Mr. Sam Olumekun and former Lagos State Solicitor-General, Mr. Lawal Pedro, SAN at the 2018 Annual Lecture of the National Association of Judiciary Correspondents, Ikeja and Public Presentation of its maiden Magazine, last Week

Revisit the Adoption of Electronic Voting for 2019 Polls, Olanipekun, Others, Urge NASS Akinwale Akintunde A former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun, SAN, has urged the National Assembly to revisit the adoption of electronic voting for 2019 General Elections. Olanipekun said this last Wednesday, in his Keynote Address at the 2018 Annual Lecture of the Ikeja Branch of the National Association of Judiciary Correspondents (NAJUC). He said the combination of card readers and electronic voting, would result in a credible electoral process. A former General Secretary of NBA, Deacon Dele Adesina, SAN, Mr. Lawal Pedro, SAN, and NBA Vice President, Monday Ubani, also shared Olanipekun’s views. The lecture had the theme "The Role of Judiciary, Media in the 2019 Election”. The Senior Advocate suggested that, electronic voting, would be

an improvement on the card reader system introduced by the Professor Attahiru Jega led Independent National Electoral Commission (INEC) in 2015. “Even with the deployment of the card reader in 2015, a lot of electoral malpractices were still identified. The least that Nigerians expect from INEC for the 2019 General Elections, is the deployment and use of an electronic device, which would ensure substantial rig-proof elections. “The combination of the use and activation of the card reader and electronic device, will assure and reassure Nigerians that INEC is indeed, and in fact, prepared for a free and fair election. INEC should not enter any caveat, or give any alibi for not being able to deploy the electronic device, which is now in use almost worldwide”, he said.

Speaking on the role of the Media, Olanipekun said though Nigerian laws had provided sufficiently for press freedom, there was a need for journalists to be adequately remunerated. "The Nigerian press had been imbued with sufficient of freedom under our Constitution, and as such, there is no need to amend the Constitution to specifically provide for the independence of the press. "For us to make any tangible progress in our quest for democratic stability, the Nigerian press has to be free from censorship by either the Government, its operatives, or proprietors of media outfits. "For a journalist or pressman who is not gainfully employed, or who is under what economists call 'disguised unemployment', who receives peanuts or nothing for his services to his employers, cannot make any meaningful

contribution to the either the 2019 General Elections, or the evolution of democracy. "A hungry man, cannot be a happy man, instead, he is bound to be an angry personality”, he said. Olanipekun said there is a need for Nigerians to appreciate the vital role of the press in every sphere of the nation, and commended the profound editorial opinions published in various print media. Olanipekun hailed the role of the Judiciary, in ensuring the sustainability of the country's democracy. "President Goodluck Jonathan honourably and commendably conceded defeat to President Muhammadu Buhari, after the 2015 Presidential election. "Nigerians have lost sight of the fact that, the Presidential

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Kogi Chief Judge Warns Lazy Judges Yekini Jimoh in Lokoja The Chief Judge of Kogi State, Justice Nasiru Ajanah, has warned Magistrates and Judges of the lower courts in the States, against residing outside the jurisdictions of their courts, if they still want to remain in the services of the Kogi State Judiciary. The Chief Judge’s warning, was in response to the Chairman of Idah Branch of the NBA, Mr. Friday O. Ogwo, who had drawn attention to the shortage of Judges in some of the lower courts, in that jurisdiction of the State. Justice Ajanah gave the warning recently, when he hosted the new leadership of the Idah branch of the NBA, in his office in Lokoja. While warning that it would no longer be business as usual, he noted that a situation where Judges operate from locations different from the Communities where their courts were located,

breeds indolence and grossly affects the Judges’ efficiency. He said that, such situations were also capable of affecting time management in the proceedings before their courts, stating that the time expended on shuttling between the places of residence and the Communities their courts were located, would have been better utilised in the coordination and management of their courts, in addition to the preservation of their own manpower. The CJ said it was no longer acceptable to the Judiciary, to condone Judges who place their comfort ahead of their adjudicatory services, irrespective of the transfer of Judges around the State. He said with efficiency, mostly the focus, some Magistrates and particularly Area Court Judges who have stayed long in an area were moved to other places, in order to inject new life into the courts. Just as the transfers were being done gradually and systematically,

he said the general overhauling of the Area Court system in the State, also takes cognisance of a few Judges who had had petitions written against them, especially those found to have engaged in activities not in consonance with their calling. He maintained that, the reengineered level of discipline in the Kogi State Judiciary, would not allow any Judge in the State to muddle up things or compromise the system. He further disclosed that, not many of the Magistrates and Judges were personally known to him, but they were being judged by their performance rating, a process which he has institutionalised to keep Judges on their toes, aside from the regular submission of their returns. “I don’t know most of them, but I look through their records, and any one I found worthy of assigning to any court, we move him or her there”, he said.

While thanking them for drawing his attention to the number of cases, the Chief Judge said he was not aware of such number of cases pending before the courts. He told them of the plans to increase the number of courts in their jurisdiction, with an assurance that it would not take too long. He however, pointed out that, the panel of the Upper Area Court has no jurisdiction over Islamic matters, as the law only recognises that the court must have a single Judge presiding. “So, as the law has not been amended and we don’t expect Lawyers to appear before courts wrongly constituted, mine was to draw the attention of the Attorney-General and Commissioner for Justice of the State to it, which I have done and I am awaiting the next line of action, which I am sure would

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Temidayo Adewoye, an Associate at the Law Firm of Perchstone & Graeys, has emerged winner of the maiden edition of Babalola’s Law Dictionary Quiz Competition for young Lawyers. Adeoye, in a keenly contested competition, beat nine other participants, to emerge as the winner of competition held at the Onikan Youth Centre, Lagos last Friday. The competition was organised by Mr. Olumide Babalola, the Editor of the Nigerian Law Dictionary, in a bid to deepen the culture of reading and knowledge of legal terminologies among young Nigerian Lawyers. “The aim of the competition, is to among others, deepen the knowledge, study and discourse of legal terminologies; serve as another platform for continuing legal education among young Lawyers; reward the study and improved knowledge of legal terminologies among young Lawyers, and serve as an avenue to encourage and improve the welfare of young Lawyers, as there are the prizes to be won, and potential career opportunities open to the successful participants”,

Babalola said. The competition had ten finalists but Adewoye emerged the winner carting home the ultimate prize Money of N250,000 (courtesy of the firm of Olumide Babalola LP) and Law Pavilion Electronic Report, while Morisola Alaba emerged the 1st runner up, with prize money of N150,000 and Omowunmi Akinmuleya came 2nd runner up, with prize money of N100,000 courtesy the firm of Esher and Makarios. The competition Judges were Faruq Abbass, (Managing Partner of Abdul > Salam & Co.); Mofesomo Tayo-Oyetibo of Tayo Oyetibo LP; Issa Adedokun, former Chairman NBA YLF Ikeja; Mrs Ope Odejayi (Legal Officer at CBN); Omolade Lawal (from Lawpavilion); Adedunmade Onibokun (Publisher of LegalNaija blawg); Busola Ajala (Legal Officer at 9Mobile) and Faith Obafemi (Blockchain and Crypotcurrency Lawyer). The event, which is billed to be an annual affair, had all the contestants smiling home with FWLR Law Reports and Practice Books donated by Mr. Bimbo Atilola of Hybrid Consult, Mr. Taiwo Kupolati of Renaissance Publishers, and Mr. Lere Fashola of Legal Blitz Ltd (Publishers of Esq. Magazine).

Industrial Court Dismisses Suit Challenging Registration of Tricycle Owners Association of Nigeria Akinwale Akintunde The National Industrial Court of Nigeria, Lagos Judicial Division, has dismissed a trade Union dispute suit instituted by the Incorporated Trustees of Tricycle Owners and Operators Association of Nigeria (TOOAN) an affiliate of National Union of Road Transport Workers challenging the registration of Tricycle Owners Association of Nigeria (TOAN) by the federal Ministry of Labour and employment, Registrar of Trade Unions and also the competent of Lagos State Government in recognising the body as the only one responsible for Tricycle operations in the state. Justice Elizabeth Oji dismissed the suit delineated NICN/LA/504/2016, for lack of jurisdiction. The Incorporated Trustees of Tricycle Owners & Operators Association of Nigeria, as the 1st Claimant through its counsel, Gbade Olajide, had dragged TOAN and others to court, asking among others reliefs, for an order to cancel the registration of the Tricycle Owners Association of Nigeria, as a Trade Union. Other Claimants in the suit are, Comrade Joseph Odusanya, Alhaji Ganiyu Dauda and Alhaji Shakirudeen Arowoye, as 2nd to 4th Claimants respectively. Defendants are Federal Ministry of Labour and Employment, Minister for Labour and Employment, Registrar of

Trade Unions, Tricycle Owners Association of Nigeria, Comrade Agustine Apeh, Mr. Babatunde Ayenogun, Attorney-General of Lagos State, Commissioner for Transport, Lagos State, as 1st to 8th Defendants respectively. The Claimants commenced the suit by way of Originating Summons on August 2, 2016, asking the court to interprete whether the registration of the 4th Defendant (Tricycle Owners Association of Nigeria) by the 3rd Defendant (Registrar of Trade Unions), upon the application of the 5th and 6th Defendants (Comrade Agustine Apeh and Babatunde Ayenogun), with a name and for a purpose/object similar to that of the 1st Claimants (Incorporated Trustees of Tricycle Owners & Operators Association of Nigeria), violates the scope, power and authority of the 1st Claimant. They therefore, prayed the court to declare that the registration of the 4th Defendant by the 3rd Defendant, despite being aware of the existence of the 1st Claimants, constitutes an usurpation of the authority and power of the 1st Claimant, and same is likely to cause disharmony and delusion amongst its members. The Claimants also prayed the court, to declare that registration of the 4th Defendant is improper and fraudulent, and contravened the provisions of Section 7(1)(a) of the Trade Union Act. Furthermore, the Claimants prayed the court, to declare

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Lawyers, Other Stakeholders, Brainstorm on Corporate Governance at Alliance Law Firm Lecture Akinwale Akintunde Experts including Lawyers and leaders of industry, last week, gathered at the maiden edition of Alliance Lecture Law Series held at Radisson Blu Anchorage Hotel, Lagos, to brainstorm on the issue corporate governance in Nigeria. The theme of the Lecture was “Contemporary Corporate Governance Issues in Nigeria”. Setting the tone for discussion, the Lead Speaker, Mr. Adedotun Sulaiman, who is the Chairman of the Financial Reporting Council of Nigeria (FRCN), noted that the essence of the Corporate Governance Code by the FRCN, is to rebuild public confidence and trust. Sulaiman, who talked about the flexibility of the proposed code and the intention to do away with cumbersome and prescriptive nature of Corporate Governance, gave an assurance that the Council will do things differently. He said that the Council will be adopting an ‘Applied and Explain’ model, or an ‘Apply and Explain’ model. “We are already working on a code which will regulate corporate governance, but they are not meant to replace existing regulatory laws. “It is going to be a principle-based friendly code, which will first be in a draft, and we will continue to have public discourse and eventually become fully public, in due course. “This principle will apply to all organised businesses, regardless of size. It is intended that, all companies will be required to report on the

level of compliance or otherwise, with reason(s). “The Financial Reporting Council of Nigeria, will also not attempt to revise any existing Law or Code with its proposed review”, he stated. Also speaking, Hon. Justice Ejembi Eko of the Supreme Court, called for participatory and interactive deliberations, pointing out that not only does it take the brightest and best to disseminate the best ideas, but it also takes the brightest to best, to process and interprete these ideas correctly. Justice Eko, who represented the Chief Justice of Nigeria, Hon. Justice Walter N. Onnoghen, described gathering as a convergence between wealth, in terms of finance and assets, and wealth, in terms of rights and liberties, saying that such a convergence, can only be of benefit to the nation and its people. On his part, Prof. Fabian Ajogwu, SAN, called for a sustainable, healthy, business environment, for corporate governance to thrive in the country. Ajogwu said corporate organisations should uphold their fiduciary duties in corporate governance, in a bid to foster a healthy business environment in the country. He said that corporate governance, imposes a serious responsibility on an individual by an entity, to act on its behalf with utmost trust and faith. “When you talk of corporate governance, I always like to approach this topic, by giving illustration of two things-ownership and duty. “First, in my definition, I will like to see ownership as typified by the right to destroy

L-R: M.D./CEO, Skye Trustees, Funmi Ekundayo, the Book Reviewer, Professor Gbolahan Elias, SAN, DG, Consumer Protection Council, Mr. Tunde Irukera, Chairman of the Event, Professor Pat Utomi, Book Author and Managing Partner, Alliance Law Firm, Mr. Uche Val Obi, SAN, Emmanuella Obi, Hon. Justice Ejembi Eko, JSC, Chairman, Financial Reporting Council of Nigeria, Mr. Adedotun Sulaiman, Professor Fabian Ajogwu, SAN, and M.D. of United Capital, Oluwatoyin Sanni, at the Event

a thing; anything you can lawfully destroy, belongs to you. “So, if I burn my jacket, there is nothing you can do about it, because it is lawfully mine. However, if I engage some of you in this room to dry clean and iron that jacket, or do anything in relation to it, then the first thing I lose is the right to destroy that suit, without consulting the owner. “This is what happens when you are in a private placement, and then go into public

KOGI CHIEF JUDGE WARNS LAZY JUDGES. CONTINUED FROM PAGE 5 be taken very soon”, he said. Earlier, Mr. Ogwo had solicited the Chief Judge’s intervention at reducing the number of cases pending at one of the Upper Area Courts in Idah, noting that the volume of cases before the court were almost overwhelming the Judge, who was equally handling other matters in his former court, before his transfer to Idah. By this, he lamented the challenges posed by inadequate Judges at the lower courts in the State, while also stating that the development was negatively affecting the dispensation of justice in that part of the State.

“My Lord, we humbly, passionately and seriously appeal to your Lordship with respect to the Upper Area Court 1 which has been partially incapacitated by reason of transfer (of) the President…..(which), has greatly affected the regular sitting of the court. “My Lord, this also has unpleasant effects on the legal practitioners, who have some cases pending before the courts. We therefore, humbly and passionately appeal to your Lordship, to use your exalted office to rescue the situation”, he said. In addition, the congestion of cases pending in courts around the area, was also brought before

the Chief Judge for his intervention. "We wish to use this avenue, to draw your Lordship’s attention, to the issue of cases pending before each of the Upper Area Courts within the jurisdiction. For instance, at Upper Area Court 1, Anyigba, there are about 235 cases pending of which ten to fourteen cases may appear on the cause list daily. "My Lord, at Upper Area Court 1, Idah, there are about 250 cases excluding appeals, Upper Area Court, Ankpa has about 89 cases, same thing with the Upper Area Courts in Dekina, Oguma, Onyedega and Okpo”, he said

placement, you cease to be the owner of that public entity, and at best, you can only become a fractionalised owner of its shares”, Ajogwu said. Earlier in his welcome address, Uche Val Obi, SAN, the Managing Partner of Alliance Law Firm, said the purpose of the Alliance Lecture series, is to continually discuss carefully selected topics that border on corporate governance. He praised the current administration’s efforts, at improving governance in the Corporate Nigeria, as a means of enhancing the country’s ease-of-doing-business profile, adding that these measures would attract a larger inflow of foreign investment into the nation’s economy – and in the process, throw the critical issues of corporate governance into sharper relief. The high-point of the event, was the unveiling and launch of a book entitled, “Class Action in Nigeria”, written by the host of the Conference, Mr. Uche Val Obi, SAN. Dignitaries at the event, included the Director, Lagos Business School, Prof. Pat Utomi, who headed the panel discussion, Mr. Augustine Avuru, CEO Seplat, and Mrs. Oluwatoyin Sanni, MD/ GCEO, United Capital Plc. The Panelists all agreed that, good corporate governance, builds public trust and confidence in a company.

Legal Personality of the Week Evans Ufeli

‘Every Lawyer Must be Fit in Character and Learning’ My name is Evans Ufeli. I’m a Legal Practitioner based in Lagos Nigeria. I’m from Etua in Ndokwa West Local Government Area of Delta State, Nigeria. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? One fundamental challenge, is that litigants in Nigeria most times, don’t involve the services of a Legal Practitioner when they get into business transactions, until dispute arises. At this stage, the client would have made a lot of mistakes, since there was no Lawyer to advice adequately during the transaction. So, by the time a Lawyer is brought in, he/she is faced with the challenge of first responding to the errors already made by the client, which could ordinarily have been avoided, if a Lawyer was brought into the transaction from inception. The errors meant here, could be that the client may have signed documents, agreements, and other instruments, without a Lawyer’s appraisal of these documents, which often is the case from experience. What was your worst day as a Lawyer? My worst day as a Lawyer, was the day a couple came to my chambers to inform me that the Police asked them to report, because a complaint had been laid against them by someone, and their attention was required immediately at the Police Station. The couple asked me to accompany them to the Station. They were indigent too, they had no money to pay professional fees. I accompanied them to the Police Station, after a thorough interview with them, trying to discover if they could recall any incident, which may have led to the current situation. They insisted

Evans Ufeli

that they had not offended any one, who could possibly had reported them to the Police. It turned out that, it was the wife who had reported her husband to the Police earlier that day, for beating her and threatening to kill her, even while heavily pregnant, and then came with her husband and children to my office! This woman, while in my office, acted as though she wasn’t aware of the reason why the Police had called them. I was devastated and lost, because it appeared as though, I didn’t know what I was doing. The Police blamed the woman, for not disclosing the true facts to me. The Police scolded the man. It was my worst day as a Lawyer! Though, I still acted for the husband, and secured his bail. What was your most memorable experience as Lawyer?

My most memorable experience, happened the day I got Judgement at the National Industrial Court in Lagos. I filed that matter in 2016, and the matter was undefended. But, when we got to the stage of adoption of final written addresses, the Defendant brought a preliminary objection challenging the jurisdiction of the court, adding that the Defendant’s establishment was under receivership by AMCON, and as such, the Companies and Allied Matters Act (CAMA) provides that once an establishment is under receivership, all action against the establishment must be stalled. I filed a counter affidavit, and there, I established the true facts to the effect that, the Defendant misconceived the provisions of the Act, adding that whenever CAMA mentioned court, such reference refers to the Federal High Court, and not the National Industrial Court. The court ruled in my favour, and the still gave judgement in my favour in the substantive suit.

highest reasoning embedded by nature, which permits what should be done, and forbids the contrary. Law remains the sum total instrument of social control, that regulates human conduct as it relates to existence, rights, privileges, civic orientation, policy formulations, capacity building, legislative engagement and directive principles of State policies. I think, Law gave me meaning and purpose to life. What would be your advice to anyone wanting a career in Law? Anyone who wants a career in Law must be disciplined, fit in character and learning. The study of Law is very exciting, but you must equally bear in mind that, the gap between learning and doing, is wider than the gap between ignorance and knowledge. You must be mentally ready to undertake the course.

Who has been most influential in your life? Some of the most influential people in my life with respect to the Legal Profession are Justice Allagoa, Justice Opesanwo, Late Chief Gani Fawehinmi, SAN, Prof. Patrick Lumumba, Liborous Oshoma, Ojimadu Emmanuel.

If you had not become a Lawyer, what career would you have chosen? I would have chosen Literature, if I didn’t study Law. I love literature. I still write to date. I just released a new book titled ‘The Gathering of the Tribes’, and in that book, you will find the transcendental avalanche of my love for alternative reality, and the power of prose narratives.

Why did you become a Lawyer? I opted for Law for many reasons. I had admired Lawyers from childhood, their use of words, the nobility of the profession, the depth of scholarship, the trenchant elocution and the privilege it affords you to help the unjustly oppressed in our society. I chose Law because I hate injustice, and Law gives me the audacity to define my space intellectually, territorially and spatially. I decided to read Law, because Law is the

Where do you see yourself in ten years? Well, 10 years form now, all things being equal, I should have clinched the status of Senior Advocate of Nigeria. Apart from that, my practice will have grown considerably, as it has taken a very robust outlook from inception to date. By then, I should have completed all the books which I have written, so that the younger generation of Lawyers, will find enough books to learn from, when they set out to develop their legal practice.


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SERIOUS MATTERS OLAWALE FAPOHUNDA

faps2001@yahoo.com

The Nigeria Police: Our Collective Shame

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An Inept, Corrupt and Ineffective Police Force ince the return to democracy in 1999, and the brief period of civilian rule before then, there has been one issue that successive governments and Nigerians alike, appear to be in agreement - the Nigeria Police is not capable of meeting our security needs. It is this realisation, that led to more than three decades of public debate on police reform, facilitated by different Constitutional Conferences, government and non-government created committees and commissions. The findings from all these initiatives, have been largely similar, even if disheartening. Simply put, ours is a Police Force characterised by ineptitude, corruption, and persistent failure to respond effectively to law and order situations. Add this to citizens’ concern about poor handling of complaints, and the more serious allegations of police brutality and extra judicial killing, it will be easy to figure out why the enormous resources spent by the Nigeria Police on image laundering, has made little impact on citizens’ perception of the Police. Given recent cases of deadly physical assault on police officers by aggrieved citizens, it should now be more than obvious to the police authorities, that it will take a lot more than expensive primetime advertorials on Nigerian Television Authority, to win the hearts and minds of Nigerians. The World Internal Security and Police Index alluded to this, when it ranked the Nigeria Police the worst police institution in the world. Our Police Force, was ranked 127th of the 127 countries surveyed globally. The report stated that Police effectiveness is a serious problem, and that corruption is a key feature of policing in Nigeria Blackmail as a Policing Tool The matter of the Senate President and the Nigeria Police, has again brought these concerns to the fore. Not a few of us were stunned, when the spokesperson of the Police insinuated in a rather disingenuous manner, that the President of the Senate is an accessory to armed robbery. The crude manner in which the story was presented, coupled with the obvious contrived public confession by the leader of the Offa Bank Robbery, painted a tragic image of a Police Force that has perfected the art of blackmail, as a policing tool. Whatever accolades that the Police rightly deserve, for this flash in the pan efficiency in the timely arrest of the robbers, has been tainted by this glaring attempt to settle scores with the Senate. The conduct of the Police, must be seen in its proper context. Irrespective of our impression of the Senate and the Senate President, It is not about them, it is about us all. The conduct of the Nigeria Police, has brought shame on our nation. What manner of country allows its deficient Police Force, to present the President of its law making body as a bank robber? In the rush to take their pound of flesh, the police hierarchy gave no consideration to our image as a country, and how the world sees Nigerians? Already no thanks to the conduct of a few of our citizens, our green passport is constantly subjected to unfair scrutiny in many airports across the world, including, depressingly, African Countries. To now brand us as a country whose number three citizen is a bank robber, will no doubt put further strain on our passport. If our number three citizen is a Bank Robber, what does that say about the rest of us? Playing Politics with Police Reform In a previous article, this page stated that the promise of the Buhari Administration, of a radical overhaul of the Nigeria Police, has not been met. We have seen an unfortunate combination of limited reforms or no reforms at all, in making the Police relevant to the security needs of Nigerians. Even in the face of terrorist attacks on our major cities and villages including rampaging herdsmen, kidnappers, violent armed robberies and the serious internal threat from Boko Haram,

Inspector General of Police, Ibrahim Idris

this Administration, including the National Assembly, has continued to pay lip service to police reforms. Ideas on making the Police efficient and people friendly, have been mired in politics. This inability or unwillingness to undertake far reaching reforms, has now created a situation where the Nigeria Police today, constitutes a clear and present threat to our democracy and our nation’s image. It will be a matter of much regret, if at the end of the Buhari Administration, we have made little or no progress with police reforms. Achieving ‘change’ in the Nigeria Police, will not happen overnight. Nevertheless, the process of ‘changing’ the Police must be accelerated, to keep up with the expectations of Nigerians, particularly those of the poorest and most vulnerable communities. Proposed Presidential interventions This page, has severally suggested a number legal, policy and administrative presidential directives, for the consideration of President Buhari. These directives provide practical measures, for managing the transformation of the Nigeria Police. They are now restated, in the hope that someone in the Presidency will read this article, and advice Mr. President appropriately. Directive 1: Direct the Ministry of Interior and the Federal Ministry of Justice, to draft a

“THE CRUDE MANNER IN WHICH THE STORY WAS PRESENTED, COUPLED WITH THE OBVIOUS CONTRIVED PUBLIC CONFESSION BY THE LEADER OF THE OFFA BANK ROBBERY, PAINTED A TRAGIC IMAGE OF A POLICE FORCE THAT HAS PERFECTED THE ART OF BLACKMAIL, AS A POLICING TOOL”

new Police Bill consistent with the spirit of the 1999 Constitution. The new law, should be aimed at facilitating human rights, gender equality, pro-poor people policing, and enhancement of community policing. Further, the proposed law should emphasise transparency in the appointment of the Inspector General of Police, through a meritocratic and competitive process, with a fixed tenure of office. A Bill to amend the Police Act, was first debated in the House of Representatives in 2000. More than 16 years after, neither this Bill nor the subsequent ones proposed by private members in the Senate and House of Representatives, have managed to be passed into law by either House. Recently, a Police Act Amendment Bill, passed the first reading in the Senate. It will not take a soothsayer to predict the death of that bill, given the Senate/Police faceoff. It is beyond comprehension that, having failed or neglected to review the archaic Police Act, the House of Representatives is presently debating a Police Trust Fund Bill. A pathetic case, of putting the cart before the horse. One is simply unable to appreciate the rationale behind the enactment of a law to fund an institution, whose enabling law is presently irrelevant to the needs of the Police, or that of Nigerians. The House of Representatives either failed to recognise, or conveniently ignored the fact that, most of the ills afflicting the Nigeria Police could be ascribed to the system established by the Police Act of 1968, and the colonial philosophy of policing that was prescribed. The Police Trust Fund Bill, is not the antidote to the illness afflicting the Nigeria Police Directive 2: Direct the Ministry of Interior, to review the reports of Presidential Committees on Police Reform from 1999, with a view to articulating their recommendations into an actionable agenda for police reform. There is nothing that needs to be said about our Police, that that cannot be found in the many reports of previous high-level committees on police reform. Directive 3: Direct the Inspector General of Police, to undertake an audit of manpower, vehicles, training institutions and other resources of the police force, with a view to identifying and prioritising specific areas of need for appropriate intervention. Directive 4: Direct the Secretary to the Federal Government, to formally appoint the National Human Rights Commission as Nigeria’s independent police ombudsman, with strong authority to receive complaints from the public on matters of police corruption including, abuse of power and extra- judicial killings. Directive 5: Direct the National Orientation Agency, to convene a national dialogue on the desirability of State Police. I am of the firm belief that, what we need now is not a Federal or State Police, but an effective and efficient police service. However, the non-visibility of the Police at the local level, must necessarily give rise to citizens’ participation, in a national discussion on how best to achieve grass roots policing. Directive 6: Direct the Secretary to the Federal Government, to convene an extra-ordinary meeting of the Nigeria Police Council, to receive briefings and make inputs into the implementation of Directive 1. Change the Inspector General of Police Providing a sense of security to all Nigerians irrespective of money, ethnic group, gender or any other difference, and attending to their grievances is dependent on a police service, which is efficient, honest, and professional to the core. The Senate President’s episode, has shown that such a Police does not exist in Nigeria. President Buhari should call for expert advice, on the suitability of the current InspectorGeneral of Police for that office. The state of our nation today, requires not only an effective Police leadership, but also one that will command the respect and confidence of government institutions and the citizenry. When the head of Police becomes the news to the detriment of result-oriented policing, it may be time to change its leadership.


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Police’s Politicisation of Offa Robbery: Reprehensible and Shameful Since Dr. Bukola Saraki assumed office as Senate President in 2015, it has been one battle after another. First, he was arraigned before the Code of Conduct Tribunal on allegations of false declaration of assets, and corrupt enrichment while he was Kwara State Governor. Now, the Police have invited the nation’s number 3 citizen, in connection with the recent infamous bank robbery in Offa, Kwara State. The perception in many quarters, is that Saraki’s persecution, may not be unconnected with his silent ambition to run for the Presidency in 2019, and not a few have speculated that if he drops that ambition, his travails will vanish. As many ponder on what next may be thrown at the Senate President, Onyinye Iyizoba and Chris Akiri x-ray the real and tangible issues, in the ridiculous allegation of a connection between Senator Bukola Saraki and one of the alleged kingpins in the Offa bank robbery

Offa Robbery: Any Case Against Saraki? Onyinye Iyizoba

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he concept of democracy, envisages the idea of a libertarian society, governed by the supreme will of the people vested in elected officials, exercised by independent government institutions, for the common good of the people. Its attendant principle of checks and balances, connotes that each arm of government acts a watchdog over the other arm, creating a delicate rhythm of harmonised conflict and balance. This has arguably been, the most misunderstood principle of the Nigerian Democracy. Consequences of Military Rule and Recycling Ex-Military Leaders The long suffering years of military rule and recycling of ex- military leaders, has inured Nigeria to absolute central executive powers. This seems to have situated the Legislature, which is the harbinger of every democratic system, as a meddlesome interloper in the web of Nigerian governance. The Executive seems to view itself, not as an equal arm to the Legislature/ Judiciary to which it should submit its powers to be checked, but as a superior being, to which other arms should bow in obeisance. Hence we see, situations where the President who is the Chief Executive, hopes to hoist a loyalist as the Senate President and Speaker of the House, and where he is unsuccessful, an obvious dysfunctional conflict becomes the character of the relationship between the two arms of Government. It is appalling that after almost two decades of achieving democracy, the political players have refused to stay away from the culture of impunity and flagrant disregard to the rule of law, which are the twin evils introduced into the country’s politics by the

Police-Saraki Tussle in the Offa Robbery

Gang Leader’s Confessional Statement A cursory look at the confessional statement of the Leader of the gang, one can discern the ridiculously desperate attempt to ensure the Senate President is lashed into the plot. First, the suspect admitted

the boot of the allegations is on the other foot?

n Thursday, April 5, 2018, a group of dare-devil armed robbers, attacked five banks in Offa, an ancient city in Kwara State, carting away unspecified sums of money, and killing dozens of people in the process. The Police exhibited amazing proficiency, as they arrested a good number of the main actors in the robbery saga, almost with efficient speed! Some of the arrested robbers allegedly confessed the Senate President’s (Bukola Saraki’s) “involvement” in the Offa bank robbery incident, whereupon the Police invited him (Saraki) to the Louis Edet House, Police Headquarters, in Abuja for questioning. A few hours later, the same Police, commuted the invitation to Senator Bukola Saraki, as it were, to a written reply to the allegations.

Enmity The fact that the perceived and real enemies of President Muhammadu Buhari in the national Legislature include, but are not limited to, the Senate President, Bukola Saraki, and Dino Melaye, his bosom friend, makes not a few Nigerians to conjecture that the aetiology of the travails of two Legislators, is traceable to 2015, when Dr Bukola Saraki outmanoeuvred Buhari and outwitted his party, the ruling All Progressives Congress (APC), to become President of the Senate! And both Buhari and the APC diehards winced!! The indelible cicatrix of that defeat, painfully endures. President Muhammadu Buhari and his party, the All Progressives Congress (APC), believed perfervidly but wrongly, in “party supremacy” over the Constitution, and thought that the composition of the National Assembly devolved on them. Section 50 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides, inter alia, as follows: “50 (1) There shall be-(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves, and (b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves...” . In flagrant contravention of that section of the exceptio of all exceptiones, the 1999 Constitution, which Buhari then only recently solemnly swore to uphold, he made sedulous efforts to preside over the enthronement of the leadership of the National Assembly, in spite of the hallowed principle of separation of powers enshrined in Sections 4, 5 and 6 of the Constitution, again, the grundnorm of Nigeria’s legal system, the provisions of which constitute the command of the uncommanded Commander! Buhari’s choice for President of the Senate was Alhaji Ahmed Lawan, and pro-Tinubu APC’s obvious choice for Speaker of the House of Representatives, was Femi Gbajabiamila. Instead of these,

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military. This has seen to the recent injudicious use of State security apparatus, as tools for the intimidation and settlement of political scores in a democratic society. This is not only crude and irresponsible; but is demeaning of the concept of a libertarian and democratic government, which Nigeria claims to run. Trumped Up Charges History is replete with several cases of trumped up charges, created against leading political figures in the months and years leading up to elections, in a bid to fetter their discretion and mortgage their support. The recent media trial of the Senate President on a charge of sponsoring bank robbery suspects, is therefore, not surprising. But what is extremely shocking, is the charge itself! Sponsoring Armed Robbery? Procuring Firearms used in the Bank robbery? Really? This has raised so many questions in the minds of many Nigerians... how does a man, who controls over N17 billion budget of the National Assembly, send armed bandits to go and rob a bank? How does a two time former Governor of a State, who has in several instances donated both infrastructure and finances to the people of Kwara, send armed bandits to kill more than 30 harmless people of that State, what could be his motive? How does a politician whose entire political structure, depends on the love and loyalty of his people which he has enjoyed for ages, suddenly turn on them and waste their lives in a most ruthless manner, by sponsoring bank robbers to steal from and kill them? How then do we begin to fathom, even the remotest possibility of this ridiculous charge being conjured, as true?

Chris Akiri

Senate President, Dr. Bukola Saraki

to being the Chairman of some “Liberation Youth Movement” of the State, this throws up a possible political nexus between both parties. However, despite the suspect’s repeated statements that he was a political thug of Senator Saraki and the Senator’s influence gave him the courage to go into armed robbery, it is still difficult to substantiate a link between his clandestine activities, with the person of the Senate President. In answering the press question, on the procurement of weapons for his robbery operation, he

“IS THERE ANY EVIDENCE THAT THIS SUPPOSED “PRESENT” WAS PROCURED OR GIVEN BY THE SENATE PRESIDENT? NO! YET, THE POLICE MADE A PUBLIC SPECTACLE OF IT, IN A MANNER TO DERIDE THE PERSON AND POSITION OF THE SENATE PRESIDENT; BASED ON AN UNVERIFIED INCONSISTENT STATEMENT OF A SUSPECT ACCUSED OF A CRIME”

categorically named a dismissed Police Officer as his supplier. At the conclusion of his Press Conference, he then said, he was given 2 guns by the Chief of Staff to the Governor of Kwara State, who told him it was a gift from the Governor Abdulfatah Ahmed, which ultimately came from the “Leader- Senator Bukola Saraki”. This triggers a raised eyebrow, and one may wonder if the Senate President has no Chief of Staff, and why this supposed ‘present’ was CONTINUED ON PAGE 10

Questions The commuting of the invitation to a mere reply to the allegations (even if unconvincingly denied much later), threw up at least five tormenting questions: First, did the Police chance upon some extenuating circumstance, and realise after the hasty and advertised invitation, that Dr Bukola Saraki did not sponsor the Offa armed robbery attacks? Or, secondly, did the Police suddenly realise that Saraki is the Number Three citizen in Nigeria, to whom an order to make himself available at a Police Station for questioning would be infra dignitatem? In other words, that law could, sometimes, be a respecter of persons? Or, thirdly, were the Police ordered by the President, the ultimate boss of the Nigeria Police, to tenderise their deportment in the Saraki matter, for fear of reprisals from the National Assembly? Fourthly, who leaked the ugly news to the media for comments and judgement, when Police investigation is just at its inchoate stage? Fifthly and lastly, what happens if the Police discover at the end of the ongoing investigations, that

“IT IS REPREHENSIBLE THAT, WITH THE DAILY MASSACRE OF NIGERIANS BY HERDSMEN ATTACKERS, THE CONSTANT KIDNAPPINGS AND GENERAL INSECURITY SYSTEM IN NIGERIA, THE POLICE IS IDLE ENOUGH TO BE USED FOR ORCHESTRATED POLITICAL SCHEMES”

Saraki hatched a masterstroke of diplomacy, and became President of the Senate! To add insult to injury, most APC members of the Lower Chamber, who were irked by the President’s sleight of hand to dominate the National Assembly, plumped for Yabubu Dogara as Speaker, instead the APC candidate, Gbajabiamila. That was the genesis of the unending Legislative-Executive imbroglio. It was also, the onset of the demonisation of Dr Bukola Saraki, between whom and President Muhammadu Buhari, and all of his ardent supporters, there has been no love lost since then. Controversies So, when, shortly after Saraki was sworn in as Senate President, the crime of “false declaration of assets” was foisted on him, a crime which he allegedly committed thirteen years earlier when he was Governor of Kwara State, the stage was set for a spirited witch-hunt for him! Meanwhile, armies of pro-Buhari and pro-Saraki pugilists, continue to grow in strength and number: Yahaya Bello, Governor of Kogi State versus Senator Dino Melaye; CONTINUED ON PAGE 10


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OFFA ROBBERY: ANY CASE AGAINST SARAKI? CONTINUED FROM PAGE 9 not presented by the Chief of Staff to the Senate President? Is there any evidence that this supposed “present” was procured or given by the Senate President? No! Yet, the Police made a public spectacle of it, in a manner to deride the person and position of the Senate President; based on an unverified inconsistent statement of a suspect accused of a crime. Secondly, subsequent Confessional Statements by all the other suspects, showed that they have never been in contact with the Senate President on personal terms, and they even admitted to the fact that the Senate President is unaware of the robbery. This raises a couple of legal concerns- Firstly, what is the Senate President’s criminal liability in this case? Secondly, what is the requisite procedure for investigation of persons of interest to a crime? Thirdly, to what end was this public affront on the Senate President and indeed, the Legislative Institution, made to serve? Concept of Criminal Liability The concept of criminal liability is embodied in the latin maxim‘actus non facit reum nisi mens sit rea’ meaning that there must be an act and an intent to commit that crime, both occurring at same time to constitute an offence. The Police have neither been able to substantiate any act of the Senate President with respect to procurement of arms, nor even the intention to procure the arms. They have not also implied that, Saraki was an aider or abettor to the robbery. What offence will Senator Saraki be charged with, at the conclusion of the Police investigation? Will this charge be based on the statement of the gang-leader, who after naming a dismissed Police Officer, they claimed has a vendetta against the Nigeria Police Officer, as his supplier, turned around to say that the Senate President procured arms and gave them to someone who gave them to someone, who then gave them to the suspects and told them, that it was given by someone, who procured them and gave to his Boss to give to him to give to them. This throws up, the most laughable and an almost ridiculous chain of unsubstantiated claims. The person making this statement, was not a party to the purchase of the arms, not present at the arms

and unprofessional! Some Police Officers do not hesitate to swing on the nearest seemingly influential case, to grab their ten minutes of fame. Not very long ago, we had a Police Commissioner, who without necessary investigations, granted a press conference on the death of the singer –Davido’s friend, in which he insinuated that the singer was liable for his friend’s death. Similarly, the Police without proper investigations or any formal invitation given to the Senate President to give his statement, invited Journalists and gave a Press Conference, together with the accused persons, naming the Senate President as a suspect. This is far from the procedure of investigations, and clearly shows a case of name and shame. In most civilised countries with respect for democratic institutions, as in the case of India and Italy, investigation into alleged criminal actions of Legislators or Members of Parliament, is usually preceded by a formal notification to the Legislative arm by the law enforcement agency, backed by substantial evidence. To what end then, was this entire public trial aimed? The Senate President was not formally invited to answer a case against him, but was publicly named as a party to a Bank robbery in a Police Press Conference. A car purported to have been given in the same gift manner as the guns, and with a freshly printed sticker plate number with the name “SARAKI” was conspicuously displayed in the Press Conference. The Police has unwittingly nailed a coffin on their incompetency and ineptitude, as there are no provisions in the FRSC Act for Sticker number plates. Had the number plate been legally registered or issued in Senator Saraki’s name, then perhaps there may or may not be a prima facie case. A mere piece of printed sticker without more, says nothing! Inspector General of Police, Ibrahim Idris

trade, not directly given the arms, and in fact, had no dealing with the person he is referring to as the procurer of the arms. Yet, the Nigeria Police in all its intelligence, publicly named the Chairman of the Country’s Legislature, as a suspect for procuring arms used in robbery, in such a distasteful

manner. Impropriety of Press Conference This pilots us to our next concern, the impropriety of throwing a Press Conference, on an ongoing investigation, without due diligence. This is unethical,

POLICE-SARAKI TUSSLE IN THE OFFA ROBBERY CONTINUED FROM PAGE 9 Malam Nasiru Ahmed El-Rufai, Governor of Kaduna State versus Senator Shehu Sani and his Kaduna State colleagues in the Senate; Senator Ovie Omo-Agege of Delta State versus all Honourable anti-Buhari members of the Senate; the EFCC versus all PDP ‘looters’, Olusegun Obasanjo, former President of Nigeria versus the incumbent President, Muhammadu Buhari; the Executive versus NASS; the Executive versus the Judiciary, etc. A labyrinth of intrigues, feud and conspiracies! Abdulfatah Ahmed, Governor and Chief Security Officer (CSO) of Kwara State, is now portrayed as the Governor and Chief Insecurity Officer (CIO) of his own State! Stifling troubles for democracy in Nigeria in the offing?

The Police And the Police? The reliability of their operations, has become as opaque as the carapace of an ageing tortoise! Transparency International (AI), has submitted its damning Report on some security agencies (please, spare me from naming names, in these days of “hate speech”!). Everyday, people are sent to their untimely graves by Herdsmen (who should not be identified by their tribe), almost everywhere in the country, in spite of the Police, established to protect the people, prevent, detect and to prosecute crime, if and when committed. The Inspector-General of Police (IGP), Ibrahim Idris, was duly summoned by the Senate, in pursuance of the powers conferred on it by sections

“AND THE POLICE? THE RELIABILITY OF THEIR OPERATIONS, HAS BECOME AS OPAQUE AS THE CARAPACE OF AN AGEING TORTOISE!”

88 and 89 of the 1999 Constitution, to explain why the entire nation was beleaguered and pervaded by insecurity, and why one of them was treated in a manner that violated much of Chapter Four of the 1999 Constitution and Section 5 of the Administration of Justice Act, 2015. The IGP looked askance at the Senate’s invitation. Doubtless, the IGP must have sworn to take his revenge on his political enemyin-chief, by inviting the Senate President to “appear” before him, to answer questions on the Offa robbery! Forget. That is just the ugly surmise of some irredeemable sceptics. So, where are we? Not a few Nigerians now pander to cast- iron scepticism, and live in matrices of unbelief. Questions, such as whether or not the Offa robbery allegations and the earlier Kogi weapons allegations are real or political, rent the air everywhere. As for me, I am lost in a labyrinthine Wonderland! Chris Akiri, Legal Author, Lagos

Flagrant Abuse of Office by Law Enfocement This incident, mirrors the amateur state of our democratic government in Nigeria. The recent CNN report on this particular event, has exhibited to the entire world, the level of depravity in the Nigerian political scenery. It reeks of flagrant abuse of office by law enforcement officials, blatant disrespect to constituted authorities, and reckless display of power without a word of caution by the Country’s Chief Executive. It is reprehensible that, with the daily massacre of Nigerians by Herdsmen Attackers, the constant kidnappings and general insecurity system in Nigeria, the Police is idle enough to be used for orchestrated political schemes. This is no doubt, a futile attempt at mudslinging the image and position of the Senate President, because of his perceived political inclinations; and in a reality, an ideal example of a no-case submission. If we are ever going to get it right, it is about time the different arms of government respect and strictly adhere to the principles of separation of powers, so as to avoid frictions that are counterproductive to the discharge of their constitutional duties, and embrace constructive dialogue in resolving their differences. It is also highly imperative that, our institutions of government, see themselves as complementary partners, and, as such, synergise in the policy making and implementation process, with a view to promoting good governance in Nigeria. Onyinye Iyizoba, Legal Practitioner, Abuja


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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Are Non-indigenes Ineligible for Appointment as State Chief Judges?

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his poser is prompted by the apparent semiofficial policy of some States (notably Kano), not to confirm nonindigenes of the State who are acting as Chief Judges of those States, as substantive Chief Judges for the simple, albeit unofficial reason, that they are non-indigenes of those States. In Kano, this trend started when the late Justice Saka Yusuf (an indigene of Kwara State) acted as the State Chief Judge for about two years, and continued during the tenure of Hon. Justice Patricia Mahmoud (an indigene of Benue State) as the acting State Chief Judge (only six months), even though her husband, A.B. Mahmoud, SAN, incumbent President of the NBA, is a full-blooded indigene of State, after which she was replaced by Hon. Justice Nura (an indigene of Bauchi State) also in an acting capacity. The latter has continued in that capacity to date – over eighteen months now, if I’m not mistaken. Prior to this, however, in 1985, the first female Chief Justice of Nigeria, Hon. Justice Mariam Aloma Mukhtar, was reportedly forced out of the Kano State Judiciary by discrimination of a different kind (on the basis of gender), when she was overlooked for appointment as the State Chief Judge, in preference for a male Judge who was her junior in the hierarchy. This situation is obviously anomalous, as it smacks of institutionalised discrimination, contrary to the spirit and letters of Section 42(1) of the 1999 Constitution, which provides thus: “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person – (a) Be subjected either expressly or in the practical application of any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or (b) Be accorded either expressly by or in the practical application of any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin sex, religious or political opinions”. This pseudo-policy, is causing some disquiet among stakeholders in the justice sector, particularly legal practitioners, as it portrays the Executive in those States as not being averse to discrimination, even in the supposedly blind temple of justice. Such attitudes negate the settled criteria, for appointment as a Judge or Chief Judge of a State under Section 271(1) of the Constitution, as follows:“(1) The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of the appointment by the House of Assembly of the State. “(2) The appointment of a person to the office of a Judge of a High Court of a State shall be made by the Governor

other Related Offences Act.

Chief Justice of Nigeria, Hon. Walter Samuel Nkanu Onnoghen, GCON

of the State acting on the recommendations of the National Judicial Council “(3) A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as legal practitioner in Nigeria, and has been so qualified for a period not less than ten years”. Accordingly, once a person satisfies these criteria, he or she ought not be passed-over for elevation to the office of the Chief Judge, simply for the capricious reason of his/her different State of origin. The disappointment and palpable sense of injustice felt by such Judges is better imagined, as that is only natural. Judges are human, after all. The end-result, conceivably, is the dampening of judicial morale and sense of job satisfaction, worrisome indeed, as such sentiments could impinge on their performance, something that should be avoided at all costs. Accordingly, the situation calls for urgent review, as a Judge’s State of origin, is an unconstitutional requirement for his or her appointment, not only as a Judge, but as the substantive Chief Judge of any State. SEC v Gwarzo: Which Court: National Industrial Court or High Court of the FCT? The suspended Director-General of the Securities and Exchange Commission, Dr. Mounir Gwarzo, and a Commissioner with the Commission Mr. Zakwanu Garuba, were last week docked before a High Court of the Federal Capital Territory, Abuja, on a five-count charge of fraud and corruption, to the tune of

about N115 million. However, given the circumstances in which the offences were allegedly committed, it does seem that genuine questions can be raised about the competence of the trial High Court of the FCT, to entertain it. This is because, it appears that the National Industrial Court of Nigeria (NICN), in my respectful view, possesses the requisite jurisdiction, to the exclusion of any other court, over the charges. I shall presently explain. The Charges Count 1 alleges that, on or about June, 25 2015, while Dr. Gwarzo was the D.G of SEC, he received just over N104,851.154.94 from the Commission purportedly as severance benefits, when he had yet to disengage from the services of the Commission, and thereby conferred a “corrupt advantage” upon himself contrary to Section 19 of the ICPC Act, 2000. In Count 2, Dr. Gwarzo is accused of criminal breach of trust by “dishonestly misappropriating” the same sum of money, purportedly as his severance benefits in breach of Sections 311 and 312 of the Penal Code. Count 3 alleges that, Dr. Gwarzo conferred a corrupt advantage upon himself, when he allegedly received almost N11million from SEC in excess of car grant, contrary to Section 19 of the ICPC Act. The remaining two counts accuse Mr. Garuba of conferring a corrupt advantage “on another public officer” (Dr. Gwarzo), by approving the payment of the said sums to him contrary to Section 19 of the Corrupt Practices and

“ACCORDINGLY, THE SITUATION CALLS FOR URGENT REVIEW, AS A JUDGE’S STATE OF ORIGIN, IS AN UNCONSTITUTIONAL REQUIREMENT FOR HIS OR HER APPOINTMENT, NOT ONLY AS A JUDGE, BUT AS THE SUBSTANTIVE CHIEF JUDGE OF ANY STATE”

Jurisdiction Jurisdiction is the authority which a court has to decide matters before it, or take cognisance of matters presented in a formal way for its decision. It is the legal right, by which Judges exercise their authority. By definition, jurisdiction is radical, and it is the foundation of any adjudication. Jurisdiction impinges on the competence and legality of a court to try a case, as any trial, in the absence of jurisdiction, is a nullity. Jurisdiction is usually conferred, by either the Constitution or the statute which establishes a court. Jurisdiction is also determined by, the nature of the reliefs or claims sought in any particular litigation (known as subject-matter jurisdiction). With respect to the High Court of the FCT, Section 257(1) of the 1999 Constitution provides, inter alia, that it “shall have jurisdiction to hear and determine any criminal proceedings involving or relating to any penalty, for future, punishment or other liability in respect of an offence committed by any person”. Both Dr. Gwarzo and Mr. Garuba are accused of violating Section 19 of the ICPC Act, which provides thus “Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer, shall be guilty of an offence and shall be liable to imprisonment for five years without option of fine”. Section 61(3) of the ICPC Act empowers the Chief Judge of a State of the FCT to designate any court(s) or judge(s) for hearing all cases of offences under the Act, as well as other laws prohibiting bribery, fraud or corruption. It can be seen that these provisions are general. By contrast, Sections 254A and 254(I)(k) of the Constitution establish the National Industrial Court of Nigeria, and empower it in civil causes and matters (to the exclusion of any other court), inter alia, “relating to or connected with disputes arising from payment or non-payment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlements of any employee, worker, political or public holder, judicial officer or any civil or public servant in any part of the Federation and matters incident there to”. Additionally, Section 254C(5) of the Constitution confers jurisdiction on the National Industrial Court “in criminal causes and matters arising from any cause or matter, of which jurisdiction is conferred on the National Industrial Court by this section or any other Act of the National Assembly or by any other law”. Conclusion To the extent that the offences with which Dr. Gwarzo and Mr. Garuba are charged, arose from the payment of the specified sums of money to the former, purportedly as severance benefit and car grant, the only question would appear to be whether either or both of them is/ are a public servant or servants within the contemplation of Section 254(1)(k) of the Constitution. It is however, not in our place to speculate on this, as their trials are on-going before the High Court of the FCT, and thus, the matter is sub judice.


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Incentivising Oil and Gas Investments in Nigeria: A Case for IBAs This article by Adegoke Oshunniyi, discusses the negative resultant effects of oil and gas exploration on host communities in the Niger Delta, including pollution, environmental degradation, and killer ailments like lung cancer. He advocates the adoption of the practice of oil exploration companies, entering into Impact and Benefits Agreements with host communities, prior to the commencement of operations or further exploration, as a kind of protection for the host communities and incentive for investors

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or West of Nigeria. It will be sad to witness ‘Niger Arewa’, ‘Niger Ohaneze’, or ‘Niger Odua’ Avengers in later years.

Introduction

he Oil and Gas sector of the Nigerian economy, is the most critical to the economic and social development of Nigeria, contributing over 90% of our country’s foreign exchange earnings and about 80% of recurrent and capital expenditure. Little wonder that Dr. Emmanuel Ibe Kachikwu, the Honourable Minister of State for Petroleum Resources, stated that over the next two to three years, Nigeria needs an investment portfolio of about 100 billion dollars, to drive that sector and yield more benefits to the Nigerian economy. Investments in oil and gas exploration and production, generate substantial economic gains and business activity across a spectrum of Industries, though, hydrocarbon extraction, which is the process of mining oil and gas, has its downsides. Not only does the process generate pollution as a direct consequence of oil spillage of differing intensity resulting from burst pipelines, drilling operations, etc., it similarly occasions grave consequences on both aquatic and terrestrial life. Thus, giving rise to restiveness, hostilities and often fatal engagements, with the aggrieved citizenry of the host communities in the Niger Delta. In spite of these salient issues, there seems to be no end in sight, as hydrocarbon extractions in the Niger Delta are still ongoing, and with the call for further investments in that sector, they will be for some time. While there might be several factors that promote the success of the Minister’s call for further investments in the Nigerian Oil and Gas Industry, other factors such as insecurity and hostility in the host communities, may disincentivise investments in that sector.

resulting there from, cannot be ignored. In various Climes, like Canada and Australia, the Law has stepped in to mitigate the negative environmental impact of hydrocarbon extraction, through the negotiation of binding agreements, between companies and communities, commonly referred to as IBAs. An IBA is a mechanism or a formal contractual agreement, between a hydrocarbon mining company and a host community, that itemises; the positive and negative impacts of an oil and gas project, the various ameliorating or mitigating economic remedies proposed by the Investor, the commitment and responsibilities of both parties, and how the associated host community or communities, will share in the benefits of the project.

Impact and Benefits Agreements (IBAs) Be these above issues as they may, this article posits that, the adoption of the practice of well negotiated Impact and Benefits Agreements, (IBAs) between the International Oil Companies (IOCs) and their Host Communities, prior to the commencement of or even during the mining of hydrocarbons, or further exploration activity, may very well serve as a further incentive to hydrocarbon investments in Nigeria. As needful as these hydrocarbon investments might be for Nigeria, since it contributes over 40% of her GDP, there is no gainsaying the fact that, environmental pollution, caused by oil prospecting and exploration in the Niger Delta, has had an adverse impact on the lifestyle and biodiversity of the affected areas, and the environmental devastation and degradation,

Nigeria and the Host Communities Bill (HCB) The HCB was probably made a part of the omnibus Petroleum Industry Bill, (PIB) for that purpose, though there are concerns in the Niger Delta, that the HCB may not be as speedily passed as the PIGB. Recently, the Rivers State Governor, Mr. Nyesom Wike, while receiving a visiting delegation of members of the National Assembly, lamented that ‘the oil producing communities are bedevilled by all kinds of environmental challenges”. Thus, he pleaded with his guests for the speedy passage of the HCB, which he believes ‘will give oil producing communities a sense of belonging, as it will address their challenges’. He added that, the passage of the bill would also enhance the security of petroleum pipelines, because

Oil Spill devastation in Niger Delta

“GOVERNOR WIKE’S CALL, IS IN ITSELF, A CASE FOR THE URGENT NEED FOR IBAS. WERE IBAS SUFFICIENTLY IN PLACE IN THE NIGER DELTA, PRIOR TO THE COMMENCEMENT OF EXPLORATION ACTIVITY, OR EVEN AT THE ADVENT OF FURTHER ACTIVITY, THE STORY MAY HAVE BEEN DIFFERENT. GOVERNOR WIKE KNOWS AND FEELS THE PINCH, OF THE ADVERSE EFFECTS OF HYDROCARBON MINING IN THE NIGER DELTA, BEYOND RHETORIC”

of the involvement of the host communities in the production process. Governor Wike’s call, is in itself, a case for the urgent need for IBAs. Were IBAs sufficiently in place in the Niger Delta, prior to the commencement of exploration activity, or even at the advent of further activity, the story may have been different. Governor Wike knows and feels the pinch of the adverse effects of hydrocarbon mining in the Niger Delta, beyond rhetoric. Port Harcourt, the ‘garden city’ capital of his State, has been completely taken over by soot, an airborne contaminant, which is a mass of impure carbon particles, resulting from the incomplete combustion of hydrocarbons. It has been established that soot causes cancer, lung disease, and other medical challenges. In spite of that adverse state of affairs, the passage of a Bill to ameliorate that situation, is beyond Governor Wike’s call. It is now the lot of the National Assembly, to seek to statutorily remedy a social cataclysm, a situation that could have been avoided by an enforceable IBA regime. The New National Gas Policy The current case, being made for IBAs, is against the backdrop of the current policy of the Nigerian Government, to explore the frontier basins in Nigeria, with proven seismological data for hydrocarbon in place. Little mention is presently being made, of the imminent negative impact of oil and gas exploration in those areas. With the benefit of hindsight, and the unmitigated disaster unleashed on the Niger Delta from exploration activity, the Federal Government of Nigeria, the NNPC, the IOCs and the proposed host communities, are enjoined to note the essence and importance of a well structured IBA, prior to hydrocarbon extraction. This is an urgent call. The said recently adopted National Gas Policy, enunciated a strategy to diversify Nigeria’s gas supply sources, by encouraging a shift from a Niger Delta-dominated era to other regions of Nigeria, which are devoid of the militancy emanating from the Niger Delta region. With due respect, that portion of the policy is flawed, in so much as it encourages a shift from the Niger Delta, without addressing the cause of the militancy. The policy should have simply made provision for IBAs, rather than give rise to other 'Niger Delta' situations, all over Nigeria. Degradation, resulting from hydrocarbon extraction, with no negotiated ameliorating benefits, will eventually lead to agitation, be it in the North, South, East

Hydrocarbon Extraction from the Gongola Basin On the 11th day of May, 2018, Nigerian Newspapers reported that the Group Managing Director, (GMD) of the NNPC, Dr Maikanti Baru, said that the Organisation would soon commence oil exploration along the Gongola Basin, which is in the Northern part of Nigeria. With utmost respect, it is submitted that, the GMD’s statement would have been much more robust, if it contained references to negotiations of IBAs with members of the would-be host communities along the Gongola basin. Our experience in the Niger Delta, has shown that whimsical apportionment of benefits, in later years, is not an antidote to restiveness and insecurity. It cannot be over emphasised that, the cost of insecurity, occasioned by restiveness in hydrocarbon rich host communities, is prohibitive to oil and gas operations, and could disincentivise much needed investment from would-be Co-Venturers or Production Sharing Contractors. It is noteworthy that, in December 2016, the GMD NNPC informed Nigerians that the Nigerian Petroleum Development Company, NPDC, the exploration and production subsidiary of the Corporation, lost N1.5 Trillion (about $4.1 Billion), due to attacks on its facilities from January to December 2016. Dr. Baru made that statement when he declared open the 2016 NNPC Security Awareness week with the theme: “NNPC Security: A Task for All Stakeholders”. This article picked up that gauntlet, in response to the GMD’S call. Conclusion It follows therefore, that where these IBAs are in place, engendering collaboration with members of the host communities and peaceful mining activity, they might in turn incentivise the much needed investments, which, according to Dr. Ibe Kachikwu, Nigeria and her Joint Venturers, or Production Sharing Contractors, require. Admittedly an IBA is not a cure all. An improperly negotiated IBA could perpetuate injustice, in the sharing of economic benefits, especially among contiguous communities. It could also fail to capture future economic windfalls. Be that as it may, it is arguably more beneficial, than not, to have an IBA regime in place. Studies have shown that benefits, without well negotiated IBAs, being sometimes unilateral, whimsical and sporadic, oftentimes fail to assuage the justifiable thirst of these aggrieved host communities. As recently as May 17th, 2018, the Nigerian Newspapers reported that ‘a coalition of Niger Delta agitators lamented to the Federal Government that ‘the region has been at the receiving end of the hazards associated with oil exploration over the years, and as such deserve a better deal in the allocation of oil blocks’. These agitations need not be perpetuated. ‘A stitch in time saves nine’. Let’s call in the Lawyers, masquerading as Tailors and Seamstresses, to effect the stitches. Adegoke Oshunniyi, Legal Practitioner, Managing Partner, Keystone Attorneys, Lagos


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15 Countries to Converge in Lagos for 3rd ICC Africa Conference

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ot less than 350 participants representing about 15 countries, will be present at the 3rd International Chambers of Commerce (ICC) Africa Conference on International Arbitration which is scheduled to hold on Monday, June 18th and Tuesday 19th, 2018 at the Civic Centre, Ozumba Mbadiwe Street, Victoria Island, Lagos. The Conference is an annual event, at which the African Arbitration Community updates itself on developments in the region, and is also a great opportunity for Participants to network and develop excellent business and professional relationships. Aelex Partner, Funke Adekoya, SAN who is also the Chairperson of the Conference, said the Conference, which is the most important gathering for the African Arbitration Community, will provide invaluable updates on developments in the region, during a series of panel discussions with a faculty of prominent speakers and thought leaders. According to her, ICC’s annual Africa conference, held in English and French, is the key forum for understanding International Commercial Arbitration in Africa. “This Conference provides an indispensable update on developments in the region, and is becoming the most important gathering for the African Arbitration Community. Not only does it offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network”, Adekoya said The theme for this year’s Conference is “The Viability of International Arbitration In Africa – Thinking Globally, Acting Locally”. Prof. Yemi Osinbajo, SAN, Vice President, Federal Republic of Nigeria has been invited to address the Conference while the Welcome Remarks will be given by Alexis Mourre, President, International Court of Arbitration, Hon. Justice Olufunmilayo Oke, Chief Judge of Lagos State. Other speakers at the opening session include Mr. Babatunde Savage, Chairman, International Chamber of Commerce Nigeria (ICCN) and Prof. Gabriel Olawoyin, SAN, Chairman, ICCN Commission on Arbitration & ADR. Some of the topical issues that will be discussed during the two days conference are; ICC Arbitration: Innovation on the Basis of the Tradition for Quality This session will highlight the latest expedited procedure provisions and innovation of the ICC, International Court of Arbitration for enhancing time and cost efficiency, by providing for fast track arbitration for smaller claims, while at the same time ensuring that fundamental quality is ensured. Also ICC’s quality control and scrutiny of awards mechanism, will be explained and discussed. Speakers for the session include; Tunde Ogunseitan, Counsel at the ICC Secretariat in Paris, Xavier Nyssen, a Partner at Dechert (Paris) LLP, France and Karl Hennessee, Senior Vice President, Airbus SVP Litigation, Investigations & Regulatory Affairs and ICC DRS Governing Body Chairman, as well as Sami Houerbi, Director, ICC Dispute Resolution Services Mediterranean, Middle-East and Africa, International Court of Arbitration. The session will be chaired by Funke Adekoya, SAN. The second session will focus on ICC Arbitration: Clause and Effect: Seating your Arbitration in Africa. It is now beyond doubt that, in both developed and emerging economies, Arbitration has evolved as an acceptable means of dispute resolution which complements the efforts of traditional courts, and so countries are scrambling to make their countries “Arbitration friendly”. This session will discuss how African jurisdictions have responded to the requirements of an Arbitration friendly environment and its impact upon Arbitration on the continent. Speakers who will present their various perspectives include Hakeem Seriki , Consultant, Steptoe & Johnson UK LLP, United Kingdom; Pascal Madu, Managing Senior Partner, P.G.U Madu & Associates, Nigeria; Gbolahan Elias, SAN, Senior Partner, G. Elias & Co, Nigeria; with Olatunde Busari, SAN, Partner, Akinwunmi & Busari LP, Lagos as Chair of Session The third session will look into another interesting topic; International Arbitration Awards: First Bus-Stop or Last Station; On the African continent, how final are arbitration awards? How

Funke Adekoya, SAN

final should they be? Panelists will discuss this topic, against the backdrop of domestic and international legislation, conventions. The following experienced speakers will provide their insights on the issue : Fidelis Oditah, QC, SAN, Senior Partner, ODITAH, Nigeria; Mohamed S. Abdel Wahab, Founding Partner, Zulficar & Partners, Egypt; Maryan Hassan, Chief Legal Adviser & Negotiator, Federal Government of Somalia and George Burn, Partner, Bryan Cave Leighton Paisner LLP. The fourth session on the first day of the Conference will be discussing; Africa Rising Stemming the Flight of Arbitral Disputes; This session will focus on attendant issues, resulting in the delocalisation and flight of arbitral disputes from Africa. Discussions will include identification and discussion of attendant factors, that weigh against seating arbitrations in African Jurisdictions. Panelists will offer perspectives and bring their individual jurisdictional experiences to bear on this topic, and explore how the challenges can be surmounted, if not eliminated, so that arbitration can take its rightful role as a Catalyst for economic growth in Africa. Speakers from across the African continent are Abha Patel, SC, FCIArb, Partner, Abha Patel & Associates, Zambia, Oluwatosin Lewis, FCIArb, Executive Secretary, Lagos Court of Arbitration, Nigeria, Simon Greenberg, Partner, Clifford Chance, France, Jimmy Kodo, Docteur en Droit, CCJA de l'OHADA - Cabinet du Président, Côte d'Ivoire, Oba Nsugbe, QC, SAN, Partner, Pump Court Chambers, United Kingdom is the Chair of the session. After the long day of impactful activities, the day will end with a cocktail. DAY 2 of the Conference starts with another interesting topic on “Supporting the Arbitral Process; Arbitration, though a private form of binding dispute resolution emanating from a personal agreement of the parties, requires regulation and enforcement. This session will consider and identify, the various bodies which support Arbitration and the entire arbitral process. Speakers will discuss the significant role the State plays in Arbitration, by providing enabling legislation that validates and legitimises Arbitration. The Judiciary’s role during the arbitral process regarding issues such as challenge of Arbitrators, interim measures and enforcement of awards, will also be discussed. The role played by arbitral institutions will also be examined. It is expected that the outcome of the session, will be an identification of whether Arbitration in Africa receives sufficient support, and also proffer any suggestions on how arbitral process can be better supported. Speakers are Ike Ehiribe, Partner, 7 Stones Commercial & IP Chambers, United Kingdom, Odein Ajumogobia, SAN, Partner, Ajumogobia & Okeke, Nigeria, Edward Luke, Managing Partner, Luke & Associates, Botswana, Elizabeth Oger- Gross, Partner,

White & Case, France, Tim Hardy, Consultant, CMS, United Kingdom. Ogbai Omo Eboh, Legal Consultant and Chartered Arbitrator at Consolex Legal Practitioners, Nigeria will Chair the session. 2nd session on day 2 will focus on Arbitrability in Africa: New Hopes or Lost Opportunities; From time to time, we see domestic pronouncements of arbitrability in different jurisdictions. Africa is no exception. Even if we consider typical commercial areas— intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including oil and gas)—the different approaches to arbitrable subject-matter taken by domestic laws and case law, has created uncertainty. This panel will discuss, whether the approaches to arbitrability taken by African jurisdictions, give rise to new hopes (increased use of African seats), or lost opportunities (reluctance to arbitrate in African jurisdictions). Speakers are; Ilham Kabbouri , Lawyer, Hogan Lovells (Middle East) LLP, Dubai, UAE, Hamid Abdulkareem, Partner, Aluko & Oyebode, Nigeria, Nikhil Desai, Assistant Director, JMiles & Co., Nairobi, Kenya, Achille Ngwanza, Legal Consultant, JUS AFRICA SARL, France, Diana Okoko, Partner, Marcus-Okoko & Co, Nigeria will Chair the session. The third session will dwell on ECOWAS Energy Protocol “Issues and Prospects”. This panel will discuss the effectiveness and /or potential impact of the Protocol, on energy related disputes in the West African sub region. Speakers are :Chinyelu Vivianne Onuotu, Counsel, Total E & P Nigeria Ltd, Nigeria, Mike Igbokwe,SAN, Partner, Mike Igbokwe & Co, Nigeria, Stephen Jagusch, QC, Partner, Quinn Emanuel Urquhart & Sullivan LLP, United Kingdom, Douka Sediko, Commissioner for Energy & Mines ECOWAS Commission Nigeria, with Josephine Akinwunmi, Managing Partner, Akinwunmi & Co as Chair of the session. The last session on day two will look into “Damages Tools - Globalising the Analysis of Damages”. The damages tool being developed by the ICCA-ASIL. Damages Task Force allows everyone easy access to complex damages analysis. During this interactive session, distinguished legal and economics experts, will explain the tool and demonstrate how it works by illustrating the lifecycle of a damages case, before asking the audience for feedback. Speakers are :Thierry Senechal, Founder, Finance for Impact, France, Etigwe Uwa, SAN FCIArb, Partner, Streamsower & Kohn, Nigeria, Babatunde Ajibade, SAN, Senior Partner, S.P.A Ajibade, Lagos, and Kathleen Parsley, Partner, Amboslaw, Belgium, Moderator and Chair of the session About ICC International Chamber of Commerce (ICC) is the largest, most representative Business Organisation in the world. Its global network comprises over 6.5 million companies. The members, include many of the world’s largest Companies , SMEs, Business Associations and local Chambers of Commerce in more than 130 countries. The ICC works to promote international trade, responsible business conduct, and a global approach to regulation through a unique mix of advocacy and standard setting activities—together with market-leading dispute resolution services. More than 2,000 experts drawn from ICC’s member companies, feed their knowledge and experience into crafting the ICC stance on specific business issues. The United Nations, the World Trade Organisation, the G20, and many other intergovernmental bodies, both international and regional, are kept in touch with the views of international business through ICC. ICC was founded in 1919, and it has established several Commissions, to examine major policy issues of interest to world business. Nigeria has been a member of this global body since 1979, and was reorganised in 1999, for the enhancement of Trade and Investment. The Annual Conference closes on June 20, 2018, with an already fully booked ICC Institute Training on “The Conduct of The Proceedings and Case Management - The Arbitrator's Perspective” which will be hosted by AELEX at its offices in Ikoyi. This Conference, promises to be engaging, and intellectually stimulating.


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Data Protection in Nigeria: Applicability of the GDPR This article by Oyindamola Oyeduntan, is a contribution to the ongoing debate on General Data Protection Regulation (GDPR) issued by the European Union (EU), and its applicability and relevance in our own Nigerian Business Environment

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n many jurisdictions, the protection of one’s personal data, is recognised as a fundamental human right. With Nigeria yet to pass a comprehensive data protection law, privacy rights of Nigerians have sadly become blurred, with Vendors seeking new and innovative ways to improve their marketing reach, and in the process, encroaching on privacy rights. The implication is that, one is not sure where your personal details will get to, or what political or otherwise campaigns they will be used for. Other jurisdictions have, however, taken proactive steps to ensure the protection of their citizens’ personal data. One of such is the General Data Protection Regulation (GDPR) issued by the European Union (EU), which came into force on May 25, 2018. In the last couple of weeks, there has been a deluge of GDPR emails from various companies and organisations around the world, bringing this issue closer home, and highlighting the consequence of our interactions online. Though it may seem like an overseas problem, the GDPR is also relevant to the Nigerian business environment. This article explains how.

Processor Under the GDPR, personal data shall be processed lawfully, fairly and in a transparent manner; collected for specified, explicit and legitimate purposes; limited to what is necessary, in relation to the purpose for which they are processed; kept up to date; kept in a form which permits identification of data subjects, for only as long as necessary and processed securely. Consent is key to lawful processing, and the data processor, must be able to show that the data subject has given consent to their personal data being processed.

General Data Protection Regulation (GDPR) The GDPR regulates how the personal data of EU citizens is collected and processed, imposing tougher requirements than previously existed. The GDPR also applies extra-territorially to companies outside the EU, in certain instances. Non-compliance with the GDPR, can result in severe fines of up to 4% of a company’s total worldwide annual turnover or €20 million. Personal data, is any information that can be used to identify a natural person (the data subject), directly or indirectly such as a name, phone number, email address, computer location, etc. The data controller, is the entity or person who originally collects the personal data, while the data processor is the entity or person who carries out any operation on the data (such as collection, recording, organisation, structuring, storage, alteration, retrieval, use, disclosure, erasure or destruction).

The GDPRs Applicability to Nigerian Companies The GDPR, applies to Nigerian companies that handle personal data of EU citizens. Any Nigerian company that does not wish to comply, will need to delete all EU personal data from their records, and take strict measures to ensure that they do not come into possession of the same going forward. While the latter may seem to be the easier option, it may not be the most commercial measure. Increased mobility of talent between Nigeria and the EU in the form of fashion, arts and entertainment, as well as increasing business relationships, make it almost impossible for any thriving Nigerian business to avoid communicating with EU citizens as many record significant revenue from what we now term ‘the diaspora’. Nigerian companies should, therefore, look into reviewing their current privacy policy and processes, to enable them to comply with the GDPR.

Obligations of a Data Controller or

Rights of a Data Subject A data subject, has the right to know what its personal information is to be used or processed for; the recipients of the personal data; whether the data will be transferred to another country, and how long the data is to be stored by the controller. In addition, the data subject has the right to withdraw consent, request for access, rectification or erasure, restriction of processing or movement of its data to another processor (data portability), as well as the right to report a complaint with a supervising authority.

Data Protection under Nigerian Law

Data protection under Nigerian law, is fragmented. Section 37 of the 1999 Constitution of the Federal Republic of Nigeria, lays the fundamental right to privacy of every Nigerian. The Nigerian Communications Commission also issued the Consumer Code of Practice Regulations, imposing certain obligations on telecommunications operators for the protection of customer information. The Child’s Rights Act and the Freedom of Information Act, also contain provisions that protect the privacy of children and persons respectively. The most comprehensive documentation issued to date, is the Data Protection Guidelines issued by the National Information Technology Development Agency (NITDA), in its capacity as the regulator of Information Technology in Nigeria. It is instructive to note that, the NITDA Guidelines echo most of the principles covered under the GDPR. However, it has no regulatory force, being just guidelines. Conclusion The new EU GDPR is ambitious, to say the least. The obligations are steep, and Nigerian companies are not accustomed to that level of responsibility in dealing with personal data, however, its provisions and principles are much needed for Nigerian e-commerce. It is expected that, sooner or later, most

“THE GDPR, APPLIES TO NIGERIAN COMPANIES THAT HANDLE PERSONAL DATA OF EU CITIZENS. ANY NIGERIAN COMPANY THAT DOES NOT WISH TO COMPLY, WILL NEED TO DELETE ALL EU PERSONAL DATA FROM THEIR RECORDS....” jurisdictions will somewhat adopt similar data protection laws, in order to create the enabling environment that fosters the economic cohesion promoted by e-commerce and globalisation. There is a need for the Nigerian Government, to take bold steps to entrench the protection of its citizens’ privacy and personal data at this point, to further demonstrate the Government’s seriousness, in improving the business environment of Nigeria. Oyindamola Oyeduntan, Heirs Holdings, Legal & Company Secretarial Executive

INDUSTRIAL COURT DISMISSES SUIT CHALLENGING REGISTRATION OF TRICYCLE OWNERS ASSOCIATION OF NIGERIA CONTINUED FROM PAGE 5 that the 1st Claimant is the proper and only authorised Association to collect levies, rates, and dues from all tricycle operators and owners in Nigeria. They also sought an order of perpetual injunction, restraining the 5th and 6th Defendants from parading themselves as Executives of the 1st Defendant, and from collecting levies, rates, dues from tricycle operators or owners. They prayed the court, to give an order directing the 3rd Defendant to immediately strike out the name of the 4th Defendant from Registrar of Trade Unions. The Claimants also prayed the court, to order (7th and 8th Defendants), Attorney-General of Lagos State, and Commissioner for Transport, Lagos State, to stop recognising the Association. Upon being served with the Complaint and accompanying processes, the 4th to 6th Defendants through their counsel, Femi Aborisade and Mark Nosa Imonitie, contended that the 4th Defendant was not registered with the intention to clandestinely operate as 1st Claimant’s Association, adding that the prescribed procedure for registration of Trade Unions was observed, before the 4th Defendant was registered and issued a Certificate of Registration duly signed by the Registrar of Trade Unions on January

26, 2016. The 4th to 6th Defendants contended that, though the 6th Defendant was formerly a member of and officer of the 1st Claimant before renouncing his membership, and exited to form along other tricycle owners, the 4th Defendant. They contended that, the 1st Claimant, not being a registered Trade Union, is not entitled to collect any dues or levies from members of the 4th Defendant, and that the 4th defendant has only been collecting dues, levies or proceeds from sale of tickets from tricycle owners and operators who willingly joined their Association, without any force or coercion. According to the Defendants, the application to register the 4th Defendant as a Trade Union, was undertaken when they learnt that a body registered under Part C of the Companies and Allied Matters Act (CAMA), cannot engage in profit making and profit sharing activities, and cannot operate as a Trade Union. They submitted that, the registration of 4th Defendant was not obtained by fraud, and the Association is not a faction of the 1st Claimant. The Defendants, however, submitted that, the 1st Claimant, being an Association registered under Part C of CAMA, and the 2nd to 4th Claimants who are officers of the 1st Claimant,

lack the requisite locus standi to institute the suit, on the ground that Claimants are not ‘person’ as contemplated by Section 6(6)(b), Constitution of the Federal Republic of Nigeria, 1999 as amended. The Defendants also submitted that, by the provision of Section 254C(1)(L)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Order 3 Rule 5(1) of the National Industrial Court Rules, 2017, the court lacks jurisdiction to hear the suit. After reviewing the argument of the parties, affidavits filed by the respective counsels, written submissions, as well as their oral adumbration and the authorities cited by counsel, Justice Oji held that since the 1st Claimant, from whom the rights of the 2nd to 4th Claimants emanate, is an Association registered under Part C of CAMA, though has capacity to sue and to be sued, but does not have capacity to sue before the National Industrial Court. According to the Judge, by the provision of entire Section 254C of the 1999 Constitution, the provision envisaged that parties before the court, must be persons deriving rights as listed and as constituting the jurisdiction of the court. “Claimants derive their status under the Companies and Allied Matters Act, which this court has not been vested with jurisdiction to

implement; unless as persons created by the Act, but deriving rights and obligations as may have been determined by the Constitution (particularly Section 245C or any Act of the National Assembly)”, she held. Justice Oji further held that, the Claimants ought to have challenged the registration of the 4th Defendant before the Registrar of Trade Unions, before coming to court, but they failed to do so, because there was no evidence before the Court that such step was taken by the Claimants. “This suit is therefore, premature, and this court lacks jurisdiction to entertain this suit. I therefore, hold that this Court does not have jurisdiction to hear this suit. “In the circumstances of findings made in this suit, this suit is liable to be dismissed, and is hereby dismissed. I make no order as to cost”, Justice Oji held. In his response to the landmark victory in the court, the Acting Chairman Lagos state Chapter of TOAN, Chief Tunji Oyeniyi stated that the judgment has reinstated confidence in his members that has been distressed in the pursuit of this landmark judgement. In his words he said, “Truly the court is indeed the last hope of the common man”.


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T H I S D AY • TUESDAY, JUNE 12, 2018

BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT

A S

A T

REPO 4.83 5.33

CALL 1-MONTH 3-MONTH

J U N E

Group Business Editor Obinna Chima Email: obinna.chima@thisdaylive.com 08091152219

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2 0 1 8

S & P INDEX 4.13 8.25 8.50

INDEX LEVEL 1-DAY MONTH-TO-DAY QUARTER-TO-DAY YEAR-TO-DAY

EXCHANGE RATE 357.18 - 0.20% -0.23% 3.23% 8.41%

N305.95/1US DOLLAR AS AT LAST FRIDAY

Quick Takes ICAN Partners ICAEW The Institute of Chartered Accountants in England and Wales (ICAEW) and the Institute of Chartered Accountants of Nigeria (ICAN) have signed a Memorandum of Understanding to strengthen the accountancy profession in Nigeria. Both organisations have committed to work together to promote a sound and sustainable accounting and finance industry by sharing their knowledge, improving professional and intellectual development and advancing the number of members of accountancy bodies. The agreement was signed recently by ICAEW President, Nick Parker and ICAN President, Alhaji Isma’ila Muhammadu Zakari, during an official ceremony in Lagos. A statement quoted Zakari to have said: “A strong financial sector is the backbone of any economy so we look forward to working closely with ICAEW in future to develop a number of exciting initiatives and to share experiences and expertise for the benefit of the profession in Nigeria. “It is essential to establish linkages of this nature so that both bodies will be able to leverage upon each other’s strengths.”

UBA to Reward Loyal Customers

WELCOME TO NIGERIA

Regional Manager, North, West and Central Africa, South Africa Airways (SAA), Ohis Ehimiaghe; National Sales Manager, Kemi LekeBamtefa; Chief Executive Officer, Vuyani Jarana, and Chief Commercial Officer, Pumla Luhabe when the airline’s new CEO visited Lagos… recently.

LCCI: Delayed 2018 Budget, Threat to Achieving ERGP Targets Jonathan Eze The Lagos Chamber of Commerce and Industry (LCCI) has said that the delay in passing the 2018 budget may drag the economy into a state of inertia and economic decline. This, according to the LCCI was also a threat to achieving the country’s Economic Recovery and Growth Plan (ERGP) targets and Nigeria’s goal of becoming one of the top 20 economies by 2020. This was revealed in a report signed by the Chamber’s Director General, Muda Yusuf and obtained by THISDAY.

ECONOMY According to the LCCI, if funds for critical projects are not disbursed on time, the tempo of economic activities might be reduced. It added that capital expenditure such as infrastructural development, construction work and payment of contractors would also be affected. “This is especially of concern when these funds are meant to be channeled towards sectors that improve the ease of doing business, such as transportation and electricity. “Performance of these sectors

is correlated with the success of Nigerian businesses, which are key players in the effort to combat the country’s high unemployment rate. “It also affects private sector operators that depend on the budget to plan their activities for each fiscal year. Delay in passing the budget therefore slows down their activities with negative economic consequences,” the Chamber stated. LCCI also argued that slow provision of critical infrastructure needed to boost industrial activity negatively affects the country’s ability to export locally

made products, and therefore reduces revenue and foreign exchange earnings from non-oil exports. “There is also the issue of inadequate absorptive capacity as the country may not be able to spend so much money in such little time. This may result in dislocations in the macro economy,” it added. The Chamber however, suggested the way to end the country’s perennial budget delay. “Going forward, the executive order of May 2017 by the Continued on page 22

FG Reiterates Commitment to Gas Supply to W’African Markets Chineme Okafor in Abuja Nigeria is still committed to supplying gas to end-users within the West African subregion through the West African Gas Pipeline (WAGP) despite recent payment challenges from one of her customers, Ghana, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has said. Speaking recently at the 17th Meeting of the Committee of Ministers of the WAGP in Abuja, Kachikwu, explained the country would keep up gas supply to customers within the WAGP

ENERGY framework, adding that recent stability in oil production in the Niger Delta, as well as new discoveries in offshore Lagos oil fields would ensure stability in gas supply. He noted that the WAGP was now a model being celebrated across Africa, and should thus be sustained by all parties. The WAGP is managed by West African Gas Pipeline Company (WAGPCo) which in turn gets gas from N-Gas Limited, a company owned by the Nigerian National Petroleum

Corporation (NNPC), Shell and Chevron, to supply to countries like Ghana which recently said it would pay off its outstanding debt to the company for gas supplied. “I am indeed happy to welcome you all to the 17th Meeting of the Committee of Ministers of the West Africa Gas Pipeline (WAGP) Project holding here in Abuja. “Today marks another important milestone in the history of the WAGP project as this meeting will afford us the opportunity to further discuss issues pertaining to the

progress made so far towards the realisation of the aspirations for which WAGP was set to achieve,” said Kachikwu. He further stated: “We are here today to consider the feedback on the issues discussed at the last meeting of the Committee of Ministers of the West African Gas Pipeline held in December 2017 in Lome. Feedback on WAGP operational issues, status of the western inter-connection, tariff and other regulatory issues would be discussed.” Continued on page 22

The United Bank for Africa (UBA) Plc will be rewarding its loyal customers who refer friends and family to the bank in its new diaspora campaign. The campaign was designed to reward customers of the bank who refer their Diaspora friends/relatives to open a UBA account. A statement from the bank explained that the campaign would last for three months, adding that the bank would be rewarding any customer who refers other customers with the reward of N5,000 for every successfully opened new and funded account. For instance, new and existing customers who refer friends and relatives in the Diaspora to open new UBA accounts will be eligible to grab the reward as many times as the number of people they refer. According to the campaign managers, the referrer who must have an account with UBA, will have his/her account number inputed in the provided field by the referred.

NB Unveils Phyno as Ambassador Nigerian Breweries Pl. (NB Plc.), a Heineken company, has announced the signing of Nigerian rapper and entertainer, Phyno as the new brand ambassador for its South-east premium beer brand, Life Continental Lager Beer. Speaking at the unveiling ceremony, the Marketing Director of NB Plc, Mr. Maria Franco Maggi, said he believed that working with Flavour, one of Nigeria’s most successful artistes and a son of the Igbo community, would further convince patrons that the brand was passionate about effectively promoting Igbo highlife music, beliefs, traditions and progressive cultural values. This deal which was signed at the Nigerian Breweries Plc. corporate head office in Lagos recently will see the new ambassador featuring in Life Continental Beer advertising and marketing campaigns as well as making special appearances at events.

MTN Executives Lift Pupils There was palpable joy and excitement at the premises of St. George’s Primary School, Ikoyi recently, as the school authority and children received MTN Nigeria, in celebration of Children’s Day. Children’s Day celebrates the welfare and inherent potential of children, who are vital in achieving the success of any country.

Every Nigerian deserves to have electricity, it is a right. The value chain equally has a right to be paid cost reflective tariff. If the revenue of every member of the value chain is not guaranteed, there cannot be guarantee of supply of commodity in question

MD, Sahara Power Group, Mr. Kola Adesina


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BUSINESSWORLD

NEWS

LCCI: DELAYED 2018 BUDGET, THREAT TO ACHIEVING ERGP TARGETS

TCN Raises $1.57bn to Build Critical Transmission Infrastructure

Vice-President Professor Yemi Osinbajo, which placed emphasis on the timely submission of the annual budget estimates of MDA’s, needs to be strictly adhered to. “The executive order directs all federal government MDAs to submit their schedule of revenue and expenditure estimates for the next three years to the Minister of Finance and that of Budget and National Planning on or before the end of May of every year. It also directs the MDAs to forward their annual budget estimates to the two Ministers on or before the end of July every year.” On the 16th of May 2018, the National Assembly passed a budget of N9.12 trillion for the 2018 fiscal year. This represented a six per cent increase over the N8.61 trillion budget proposal that was presented by President Muhammadu Buhari on the 7th of November 2017 before a joint session of the National Assembly.

The Managing Director and Chief Executive Officer of Transmission Company of Nigeria (TCN), Mr. Usman Gur Mohammed has stated that the company has raised a total of $1.57 billion to build critical infrastructures across the country. Speaking in Lagos at a power roundtable organised by Sahara Power, Mohammed argued that there is nothing wrong with the federal government’s ownership of TCN, adding that many other successful grids around the world are also governmentowned. He said the $1.57 billion would be used to build transmission lines and substations to stabilise the national grid. According to him, $408 million out of the $1.57 billion was provided by the World Bank to increase the transmission capacity through brownfield projects. Mohammed added that TCN could not execute projects through contractor financing since it receives only less than 40 per cent of its revenue from the Nigerian electricity market. He further stated that TCN has over 90 projects that are ongoing, including the Abuja Wheeling scheme, where five additional substations would gulp $170 million. Mohammed also disclosed that TCN would execute LagosOgun transmission project. He, however, added that the N8 billion expected to be paid by the company as compensation is outrageous, saying that the company would approach Ogun State government to help review

FG REITERATES COMMITMENT TO GAS SUPPLY TO W’AFRICAN MARKETS

According to him: “We all have nurtured the WAGP project and today’s meeting will further strengthen our resolve to see that we move forward on pending issues to achieve the set targets. “We must continue to build on our achievements and not to relent efforts. I sincerely hope the respective parties were able to make progress on the issues raised at the last meeting as we all identify the role that each party would play going forward. We must endeavour to resolve those issues that will lead to the advancement and aspiration of our respective countries and region.” “The WAGP project is being celebrated all over Africa today as the flagship project for the New Partnership for African Development (NEPAD). Therefore, this project should be sustained with our cooperation from all parties,” he added.

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

Ejiofor Alike

the compensation. Mohammed stressed that TCN projects cut across the whole country, adding that “anybody who is tribalistic cannot run the national grid because if you concentrate the grid capacity in one section of the country, the other section will collapse and still bring down that section.” Speaking on concerns raised on government ownership of TCN, Mohammed argued that there is nothing wrong with

the arrangement, adding that the power grids of India and Brazil are also owned by the government. “I also want to tell you that ownership of TCN is not actually the issue. There are grids owned by government and they are doing well. Power grid of India is owned by the government and they can raise loan from London Stock Exchange. “The biggest money given to government parastatal by the African Development Bank was

given to Eskom and Eskom is owned by South African government. Power grid of Brazil is still owned by the government. I think government ownership is not the issue. The issue is how to make the organization work,” he explained. In his remark, the convener of the event and Chairman of Sahara Power, Mr. Kola Adesina kicked against the eligible customer regime proposed by the federal government, saying it will weaken the financial

capacity of the Discos. According to him, residential customers, who are assumed to lack the financial capacity to pay their bills, account for over 60 per cent of power consumption. Also speaking, Lagos State Commissioner for Energy and Mineral Resources, Mr. Wale Oluwo noted that the problem of Nigeria’s power sector is structural, adding that structural problems cannot be solved by administrative polices.

BREAKFAST MEETING

L - R: President, Association of Telecoms Companies of Nigeria, Mr. Olusola Teniola; CEO Backbone Connectivity Network, Mr. Ibrahim Dikko; President, Nigerian-American Chamber of Commerce (NACC), Chief Olabintan Famutimi; CEO, MainOne, Ms. Funke Opeke; Board Member/Commercial Director, Vodacom Business Nigeria, Mr. Solomon Ogufere; and MD, Smile Communications Nigeria Limited, Mr. Godfrey Efeurhobo, at the NACC May 2018 breakfast meeting held in Lagos… recently

No Major Growth in ECA Despite BoI, Ebonyi Roll out N4bn Agric Fund for Civil Servants Oil Price Surge, Experts Lament Chineme Okafor in Abuja Nigeria has not made any significant deposit into her Excess Crude Account (ECA) between July 2017 and January 2018, when crude oil price began to rise, experts have observed. According to these experts which included a former Vice President (Africa Region) of the World Bank, Dr. Obiageli Ezekwesili; former Minister of State for Petroleum Resources and Chairman of the Nigeria Natural Resource Charter (NNRC) Expert Advisory Panel, Mr. Odein Ajumogobia; former Director of the Department for Petroleum Resources (DPR), Mr. Osten Olorunsola; and a member of the Central Bank of Nigeria (CBN) Monetary Policy Board, Prof. Adeola Adenikinju, the absence of rules of practices governing deposits, withdrawals and investments of the ECA were affecting the management of account. The experts observed this at a recent savings and stabilisation mechanisms roundtable organised by the NNRC and Oil Revenue Tracking Initiative (ORTI) in Lagos. A communique at the end of the meeting was made available to THISDAY. In it, the experts which also included other members of the NNRC Expert Advisory Panel

such as Mr. Sam Daibo; Dr. Ukoha Ukiwo; and Ms. Ronke Onadeko, as well as officials from relevant government ministries and departments, said Nigeria required an improved legal, policy and advocacy frameworks for the ECA and other stabilisation funds she has to be more effective and beneficial to citizens. They expressed disappointment that despite the country earning monies estimated to be in excess of a trillion dollars from oil, the re have not been any significant savings or being able to translate into productive capital through human development, physical infrastructure and institution building. Thy equally argued that the country earned these monies from five cycles of oil booms but made no significant savings. “The huge revenue from oil has not translated to real improvement in the welfare of citizens. According to the National Bureau of Statistics, 60 per cent of the population still live below the poverty line. “Corruption, mismanagement of oil reserves and lack of diversification in the export sector all have an important role to play in our slow economic growth and high poverty levels,” they said.

The Bank of Industry (BoI) has further strengthened its partnership with the Ebonyi State government with another N4 billion matching funds to improve the fortunes of its civil servants through agricultural activities. The N4 billion EBSG-BoI Agro-based Fund for Civil Servants came on the heels of a separate N4 billion MSME Matching Fund that was activated in July 2017. Speaking at Abakiliki during the memorandum of understanding (MoU) signing ceremony and presentation of cheques to qualified applicants under the MSME scheme, the Managing Director of BoI, Mr Olukayode Pitan, noted that the event was a consolidation of a thriving partnership between the state and the development bank. “Today’s dual event represents an important milestone in the consolidation of the partnership and efforts of BoI and the Ebonyi state government to develop and promote entrepreneurship, develop and grow agriculture and its value chain businesses and the MSMEs in the state; to create a solid future for both the MSMEs and the state’s civil servants who are the engine room for the execution of state policies and programmes year

on year,” he said. He disclosed that both funding schemes were being offered at single digit interest rates – five per cent and 6.2 per cent for medium term (3 -5 years) and working capital financing respectively with moratorium periods (3 – 12 months). Before personally presenting cheques the beneficiaries, the BoI boss commended the harmonious working relationship between the Bank and the state, coordinated by the State Implementation Committee (SIC), in identifying viable MSMEs across the 13 local government councils of the state. “So far, the Bank has approved a total of 34 loans valued at over N206 million to MSMEs in the state under the Matching Fund. In addition, the Bank has also approved and granted loans worth over N3.17 billion (N1.81 billion disbursed) from its own direct funds to 22 other businesses in Ebonyi state,” he said. He stated that the business sectors supported included rice milling and processing; quarry and solid minerals (lead mining);food processing; roofing sheet production; water bottling and packaging; mattresses and foam production, metal fabrication among

others. The Bank also impacted the economy of the state through the Federal Government’s social security scheme – Government Enterprise and Empowerment Programme (GEEP), targeted at traders and artisans, which has supported 2,525 beneficiaries to the tune of N126.22 million, according to Mr.Pitan. In his remarks, Ebonyi State Governor, Dave Umahi, noted that Ebonyi pioneered the initiative to improve the lot of civil servants across the country, stressing that proffering a solution to the low and erratic earnings of civil servants ought to be addressed as a national issue, because if civil servants are rich, the nation would be rich. “I get so bothered about the issues of civil servants in the country, because their take home cannot match market forces and yet many states in our federation cannot pay this meager salary to civil servants,” he said. He assured civil servants that the loans were ready to be assessed from this month of June, to enable them start off their ventures across the agricultural value chain, adding that the Constitution permits civil servants to engage in agricultural vocation.


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SMALL BUSINESS SOLUTIONS

Nwosu: Nigeria Should Leverage on Oil and Gas Resources to Diversify her Economy Chairman of the Society of Petroleum Engineers (SPE), Nigeria Council, and Deputy Managing Director of Addax Petroleum Development (Nigeria) Limited, Mr. Chikezie Nwosu spoke on Arise Television, a sister broadcast arm of THISDAY Newspapers, on Nigeria’s economic diversification and the impact of effective legislation on the development of the oil and gas industry. Ejiofor Alike presents the excerpts: The administration of President Muhammadu Buhari has embarked on measures to diversify the country’s economy away from oil to agriculture and solid minerals. With oil and gas accounting for over 90 per cent of the country’s export revenues and over 60 per cent of the budget, do you think Nigeria can do without oil? I have a different way of discussing oil. We have God-given resources, which are oil. We also have gas resources. We had better started taking a look on how we can leverage on the oil and gas resources to help in diversifying the economy. So, to me, it is not a question of what can we do without oil. It is how we can leverage on the oil and gas resources we have to help in growing the economy of Nigeria. That is the way I will look at it. Some analysts have argued that oil and gas can be the enabler that will help Nigeria achieve her diversification dream. Do you subscribe to this assumption? Absolutely! From the Society of Petroleum Engineers (SPE), I will just give you context of what we are doing in this council year. We started the council year with the theme about diversifying the Nigerian economy with oil and gas as enabler. And part of that is that we reached out to companies that are in renewable energy space to try and find out where we can be of service to them. It is a three-pronged approach. The first one is to see whether the major international oil companies (IOCs), who are our partners – most of the IOCs have renewable energy division. So, how can we leverage on the technology and adapt it to the Nigerian situation. So, these renewable energy companies were invited for our conference – Oloibiri Energy Forum to see if we can form this kind of partnership between IOCs and these renewable energy companies. The second part is: Are there other technologies that have been available to oil and gas outside the renewable space, which we can also adapt to use in the renewable space as well? The third but not the last is: Is there where we can support them with respect to legislation? I give you one example. One thing that came of the conference is the fact that although the oil and gas companies enjoy oil and gas free trade zone, the renewable companies don’t have such incentive. So, we started talking about why don’t we have an energy free trade zone where we can leverage in the experiences we have in the free trade zone for oil and gas to try and enable the growth of the renewable industry. So, that is one area where we can impact that growth. The other areas are gas-to –power and gas-based industries. The gas resources in Nigeria are currently very underutilised and we believe that if we have a little more focus on gas than oil, which is just a commodity where we traded, we should be able to leverage on gas to expand the power industry and the gas-based industries, as well. Why is Nigeria’s gas resources underutilised? It is about the history of exploitation of hydrocarbon resources in Nigeria. The goal was always to go for oil and gas was treated as a second cousin. Therefore, it became challenging to try and determine what properly quantify the resources of gas. That is one area. The infrastructure is lacking because we relied on hydro-electric power for a long time, without realising that gas was a power stream that could be utilised to much greater effects than hydro-electric power for Nigeria. So, it is just now that we seem to be waking up. When I say waking up, for the last 10

Nwosu years, conversation has been going on. But

The gas resources in Nigeria are currently very underutilised and we believe that if we have a little more focus on gas than oil, which is just a commodity where we traded, we should be able to leverage on gas to expand the power industry and the gas-based industries, as well

now, I see some traction in getting the gas resources properly utilised. The administration of former President Olusegun Obasanjo had initiated steps to enact a modern legislation that would replace about 16 obsolete legislative and administrative instruments governing the Nigeria’s oil and gas industry. This idea gave birth to the Petroleum Industry Bill (PIB), which was prepared by the administration of the late President Umaru Musa Yar’Adua. Is legislation one of your biggest problems? It is and I will talk about the current discussion on the Petroleum Industry Bill (PIB). It tries to look at all that legislations you are talking about and to try to know whether there is a way to provide some sort of concise guidelines that could help the industry. The PIB, before, was a humongous bill. It tries to answer every single question. What is being done is that it has been split into four different bills. There is the Petroleum Industry Governance Bill (PIGB), which is the one that everybody understands that it is about to receive presidential assent. There is the Petroleum Industry Administration Bill (PIAB), which is coming up soon. Public hearing has been held on that. There is the Petroleum Industry Fiscal Bill (PIFB), which has also been subjected to public hearing. There is also the Petroleum Industry Host and Impacted Community Bill (PHCB)). Now, by splitting up that bid humongous bill into f our different bills, it is easy to pass it. But you have also to make sure that there is consistency in interpretation that will occur in each of the

bills as well. So, I see that as a very positive move. Now, you were asking if this will impact the industry. The answer is yes. It addresses a lot of challenges the industry has. For instance, the PIGB is all about how we make sure that the governing entities – typically the Nigerian National Petroleum Corporation (NNPC) and the Department of Petroleum Resources (DPR), are more efficient. So, we talk about single industry regulators; we talk about turning NNPC into more efficient organisation to deliver its own oil and gas promises to the nation. The fiscal bill opens more investment opportunities. So, we must look carefully at what we are doing to make sure that we find a means of developing the sector. The government wants to have more revenue. That is fine, but we also have to attract more investments because we have to grow the size of the pie of the cake for the government to have a larger take from that as well. Then you have the host and impacted community bill. This is very critical to address insecurity in the Niger Delta and the fact that the host communities believe that they have not actually been partners. The host communities believe that they are more or less, slaves, which they use to describe themselves, sometimes. To simply throw something across to them, we have to find a way where we can partner truly with the host communities to make sure that they become partners in this journey to grow the economy of Nigeria, through oil and gas.


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Akinfemiwa: FG Must Deregulate Downstream Sector to Stimulate Investment The Chairman of the Major Oil Marketers Association of Nigeria (MOMAN), Mr. Akinsola Akinfemiwa, spoke with select journalists on issues militating against having a thriving and competitive downstream sector as well as solutions to address challenges in the industry. Jonathan Eze provides the excerpts: In 2016, you were elected as Chairman of MOMAN after having had one Chairman for a long time. What informed the baton change? MOMAN’s emergence as a strong voice in the industry was as a result of the vision of the founding Chairman, Mr. Wale Tinubu, whose tenure as Chairman saw the essence of setting standards and promoting best practices within the industry. As the Leader of a growing diversified energy company along the value chain, of which marketing is a part, he could not devote the time required at a very tumultuous period for the sector and he relinquished the position and my colleagues in MOMAN elected me to take up the mantle of leading the industry at a time when importation was getting more difficult due to unavailability of foreign exchange. Also, outstanding subsidy payments was bringing the industry to its knees and many other challenges required collective efforts to overcome. What are the plans to reposition the downstream petroleum sector in the light of recent happenings? Most of us have been in the industry for a long time and we are critically aware of the cyclicality of the events of the last few years. Remember that we have a huge stake in the country’s economy with our investments in retail outlets, storage facilities, people and systems and this shows we are here for the long haul. Recall that the last fuel scarcity and distribution challenges were resolved largely with MOMAN resources. We ensured product availability and pricing integrity across the nation because our pedigree means a lot to us and we see ourselves as partners in progress. That said, we are business concerns and we require an enabling environment to thrive. MOMAN is certain that we are stronger together and would actively seek areas of comparative advantage and collaboration along the downstream value chain as we currently do with the ATK Tender and joint imports to the benefit of our customers. With the current supply cost hurting the amount accruable to the federation account and making deregulation inevitable, we believe our investments put us in good stead to reap

Akinfemiwa bountifully in the coming years.

The best way is to deregulate the sector to stimulate the necessary investment in inland storages, pipelines and reduce the wear and tear on the roads and other infrastructure by heavy laden trucks which we use to distribute petroleum products

What is MOMAN currently doing to recover oil subsidy debts the government is owing its member companies? I would like to answer this question as a downstream operator because the federal government doesn’t see the dichotomy. We have gone through several rounds of verification exercises to ascertain the outstanding subsidies; late payment interest and foreign exchange differentials and several promises had been made to clear the outstanding amount, but we have not received any payment. We have not relented in our efforts to get the payments with submissions and engagements with the Presidency, National Assembly and other agencies of government. With the hard work already done, it is a matter of when, not if we would be paid. How has MOMAN member companies been able to manage their working capital given the non-payment of this debt? It has been very tough. The working capital deficits has taken a more drastic turn with the banks taking a pessimistic view on lending to the sector. Our reputation as worthy partners precede us in the marketplace with suppliers willing to support us especially with better

terms for deregulated products. However, internally we keep finding ways to survive these hard times by reducing our cash cycles, curbing costs, improving efficiencies, inculcating good customer service, ensuring the integrity of our pumps and smart procurement of our inventory. How sustainable is the current supply chain and distribution model of the downstream petroleum sector given the huge landing cost of petrol which is said to be higher than the open-market pump price? It is clearly not sustainable. The best way is to deregulate the sector to stimulate the necessary investment in inland storages, pipelines and reduce the wear and tear on the roads and other infrastructure by heavy laden trucks which we use to distribute petroleum products. MOMAN recently appointed a new Executive Secretary. What are the association’s strategic objectives following this administrative change? I must first acknowledge the great advocacy and proactive policy interventions done by the outgone Executive Secretary (ES), Mr. Thomas Olawore. His experience and maturity was invaluable to all MOMAN members and he had a deep network that was ultimately

beneficial to MOMAN. On behalf of all MOMAN members, I wish him a peaceful and healthy retirement. The appointment of Mr. Clement Isong as Chief Operating Officer about six month ago was designed to ensure a seamless handover upon Olawore’s retirement. I would also like to use this medium to welcome him onboard. With respect to long term strategy, the industry is expected to evolve and as the largest single set of stakeholders by market share and investment, we carry the biggest risk if we do not adapt. The new ES is expected to drive the vision of the association in the transition to a deregulated market especially with the new regulations that would guide the process. We also expect a lot of self-regulation within the sector that would lead to the need for an expanded secretariat to deal with the various teething issues that would arise in the transition. Our dealings with the public and governments at all levels, which is already being done, is expected to be through pooling of resources as we did to resolve issues around tanker movements within Apapa. Overall, we expect the secretariat to become a reference point in all matters relating to the downstream sector by harnessing the limitless talent in the member companies for the benefit of our customers and economy.


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ENERGY

Huge Rewards from Plastic Recycling Uba Godwin posits that investing in plastic recycling is a viable and profitable business The Central Bank of Nigeria (C.B.N) is presently disbursing the sum of N26billion intervention fund for 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. There is rapid increase in the population of Nigeria. From the data available to us the present figure is estimated at over 180million as the end of 2015 and increase from about 140million people as at 2006 census. As the human population continues to increase, the quantity of solid wastes generation also increases. With rapid increase in population within urban cities there is need for efficient and modern technology for the management of wastes. Recycling of waste plastics is one of the best technologies to avoid environmental air pollution from burning the plastics. The proposed project is deemed necessary considering the rapid increase of virgin resin materials from between N7,500- N8,500 per bag of 25kg in June, 2015 to between N19,700 and N20,500 per bag of 25kg bag of resin in the period of June 2016. The proposed project will produce recycled plastic products that will now complement with the virgin materials to reduce costs of raw materials in production of various types of plastics. Plastic recycling (also known as regrind) is the process of recovering scrap or waste plastic and reprocessing the material into useful products, sometimes completely different in form from their original state. Since plastic is non- biodegradable, recycling it is a part of global efforts to reduce plastic in the waste stream, especially the approximately eight million metric tons of waste plastic that enter the earth’s ocean every year. This helps to reduce the high rates of plastic pollution. Plastic recycling includes melting down plastic water/ soft drink bottles and then casting them as plastic chairs and tables. Plastics are also recycled during the manufacturing process of plastic goods such as polyethylene film and bags. A percentage of the recycled pellets are then re-introduced into the main production operation. This proposed project will therefore • Collect waste plastics from the public via scavengers • Treat & Recycle the waste plastics • Utilise the treated recycled wastes in production as well as • Bag and Sell off the recycled plastics granules to other plastic production plants Investors can engage some youths into gathering of the wastes and sell the wastes plastics to the recycling plant for a price. The proper recycling of plastics will go a long way in reducing the level of environmental effect caused by blockage of drainages by non-degradable plastics such as water bottles, PET Bottles from soft drinks and other beverages. When one looks closely at some drainage channels and lagoons within Ogun and Lagos State, lots of blockages is caused

enjoy nationwide demand and patronage. In fact it is one the fastest selling consumer goods in the country today. This is because of the nature of the usage of the product. For instance, whenever there is a need to buy other consumer goods, the first step is to buy a plastic material. Its demand has a relationship with the level of demand for the raw materials required for their production. The product is demanded all year round and is not affected by season particularly in most industrial packaging. Based on our Research, there are about four major companies that are into waste nylon/plastics recycling plants in Nigeria. For the Plastic Recycling plant, we require the following machines:Machine Qty. Reqd. Cleaning machine 1 Drying machine 1 Feeder 1 Crushing Machine 2 Laundry Drier 1 Palletizing machine 1 set The machines will be procured, installed and test-run for prospective investors on demand.

Discarded Plastic Bottles by waste plastics. The main economic advantages of this project, Reduction of Municipal Solid Wastes, Increase of value added refuse; Reduction of environment and social problems at the disposal site; Utilisation of Municipal Solid Wastes to generate domestic and commercial plastic products, Improvement of Municipal Solid Wastes management services and Creation of employment opportunities for Nigerian young graduates. The Project could be located anywhere in the country. It is advisable to locate the project in areas where raw materials (waste plastics), is in abundant. Urban and commercial areas should be considered. For instance from records, Ogun state Waste management Authority, over 3,000tons of wastes are generated within the state on daily basis; while in Lagos over 9,000metric tons of wastes are generated on daily basis. There are tendencies of further increase as the two states record rapid increase in population on daily basis. The project could be embarked upon by individuals, corporate organisations, and state

& local governments. Apart from the basic required raw materials, we took adequate cognizance of other relevant factors like availability of electricity, transportation and manpower and market for the products. The major target markets are plastic producing companies. There are many plastic companies that are readily available to purchase the recycled products. The demand for recycled plastic materials is very high. The demand has been on an increase. From our research the increase in demand is as a result of the increase in the virgin resin materials. Due to high exchange rate( from N190/ $ to N350/$ between June 2015 to June 2016, the price of resins jumped up from between N9,000 and N9,500 per bag of 25kg to N19,000 to N19,500 per bag of 25kg. The demand for raw materials for production of plastics has a correlation with the total demand for plastics. The higher the quantity of plastics demanded, the higher the quantity of raw materials (including recycled raw materials) required to sustain production. Based on our records, plastic products

The production process is very simple as follows:Heat the Machine Feed the waste plastics The machine will automatically crush the waste plastics Wash the ground plastics Then the drying machine will dry automatically. The products are then packaged in 25kg Bagco super bags and ready to be sold or used in the factory Financial implication and investment appraisal The takeoff cost of this project varies depending on the level and capacity the promoters intend to run. The actual cost will be established via the feasibility studies, putting into consideration the location of the proposed project Financial analysis carried out indicated that the project is very profitable. The raw material is almost zero cost comparing to the income from the processed wastes. The income in the first year is N1.05billion which increased to N1.9billion. The cost of production is N566.0million in the first year and N940.05million in the 5th year of operations. The cash flows is very impressive and the payback period is between and 1 and 2 years of operations. The return on investment is 285% within the first five years of operations. 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. Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel: 08034494437, 08023664368 E-mail: ubagodwin@yahoo.com

ABTL Wins Best Port Terminal Operator Award The Apapa Bulk Terminal Limited (ABTL) has won the Best Port Terminal Operator Award of the Year at a recent the Oil & Gas Lecture Series and Awards, held in Abuja. The event tagged, “Abuja 2018’’ with the theme, “Nigeria’s Petroleum Industry Governance Law & Global Investment Opening in The Sector,” was organised by the Institute of Oil and Gas Research & Hydrocarbon studies at Nicon Luxury hotel in Abuja. Speaking on the award, which was presented by the Deputy Chairman Advisory Board, National Institute of Oil

and Gas Research and Hydrocarbon Studies, Geologist Uko Akpatang, Managing Director of Apapa Bulk Terminal Ltd (ABTL), Captain Marvin Abe said the award represents the fact that the society recognises and appreciates the quality services being rendered by the terminal. According to him, there are other competitors in the same business, but Apapa Bulk Terminal must have been doing something different which has attracted such recognitions from the institute. Abe, who dedicated the award to the entire team, said

the company will not relent in rendering quality services but will continue its expansionary programme in the area of terminal management; cargo consolidation/operations and logistics services. Akpatang said ABTL has demonstrated excellence in rendering services like dry bulk cargo operations; general cargo operations; liquid cargo operations and container services. Also, Terminal Manager of ABTL, Akindele Aderemi said the recognition is well deserved going by the innovation being introduced by the present management of the company.

“Since Abe came on board, the company has been placing strong emphasis on safety among other things. The award will definitely spur us to do more, “he said. Other recipients of awards at the event include: the Group Managing Director of Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru, who was recognised as the Oil & Gas Chief Executive Officer Of The Year; Sovereign Trust Insurance which got the award as Oil & Gas Insurance Company Of The Year; Diamond Technology Limited which carted away the award of Best

Manpower Consultant Of The Year among others. The lead lecturer at the award ceremony, Professor Eghosa Osagie, who spoke on the topic, ‘Oil & Gas Industry, Economics &Politics in Nigeria’, said good governance was required in the nation’s quest for diversification of its economy. He commended the National Assembly for passing the Petroleum Industry Governance Bill (PIGB) adding that PIGB, when signed into law by the President, will create millions of jobs for Nigerians. Abe said the award represents the fact that the society

recognises and appreciates the quality services being rendered by the terminal. According to him, there are other competitors in the same business, but Apapa Bulk Terminal must have been doing something different which has attracted such recognitions from the institute. Abe, who dedicated the award to the entire team, said the company will not relent in rendering quality services but will continue its expansionary programme in the area of terminal management; cargo consolidation/operations and logistics services.


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PROPERTY & ENVIRONMENT Hassan:ForeignInvestorsinHousingMustLookBeyond Sovereign Guarantee The federal government’s desire is to involve foreign companies in housing development in the country, but they must drop their insistence on being granted Sovereign Guarantee, according to the Minister of State for Power, Works and Housing, II, Mr. Suleiman Zarma Hassan. Bennett Oghifo reports Minister of State for Power, Works and Housing, II, Mr. Suleiman Zarma Hassan, a Surveyor, wants foreign investors in housing to rethink their insistence on having Sovereign Guarantee from the government to get involved in financing of housing development. This was a strong point delivered by Hassan at the first Session of the 8th Global Housing Finance Conference, held at the World Bank Headquarters, Washington D. C. U.S.A, recently. There were over 50 Nigerians at the programme, whose attendance was facilitated by Niche PR, a Nigerian-based Public Relations company. The

Nigerian delegation included the Managing Director Federal Mortgage Bank of Nigeria, the team from Federal Ministry of Power, Works and Housing, Federal Staff Housing Loans Board, Office of the Head of Civil Service of Nigeria among other relevant governmental and non-governmental agencies and the Private Sector. Sovereign Guarantee is a promise by the Government to discharge the liability of a third person in case of his default. Sovereign Guarantees are contingent liabilities of the Central and State Governments that come into play on the occurrence of an event covered by the guarantee. According to the minister,

for investment. It is important to disclose that it is not an easy task obtaining Sovereign Guarantee. This always stalls project negotiations as Government

fears it could worsen the nation’s debt profile with its attendant economic and political implications. If the housing finance challenge is to be addressed, investors must look beyond Sovereign Guarantees from Developing nations and concentrate on the larger picture using variables such as general investment climate, political stability, ready market, industrial trends, etc., to gauge the security of their investment.” He said the theme of the 8th Global Housing Finance Conference, “Breaking the Mold-New Ideas for Financing Affordable Housing” was quite apt, considering that existing approaches seem to

have not sufficiently addressed the housing finance challenge in most developing countries, especially in Africa. The minister discussed Global Trends, Opportunities and Innovations in Affordable Housing Finance, as well as outlined the nation’s housing financing challenges and steps being taken to address them. He said the need to explore innovative ideas on housing finance to ensure access to adequate, safe and affordable housing cannot be over emphasised, and that the federal government was mindful of this reality and has accordingly initiated several sectoral approaches to bridge the housing deficit.

ever before is the best time to invest in Cadwell’s newest and distinguished product - “LET”. It is an excellent opportunity for potential investors and home owners to benefit from a noble concept.” He said recently, they made a “decision to reposition our company as an Investment-led Company because we believe in the infinite investment nature of Real Estate and we decided to be the apostles of such message. So, we examined the market, identified the imbalance in demand and supply, and came up with a noble idea to correct the market unevenness which effectively made us reshape and rescope our product concept

and design.” According to him, “The first stage in the life cycle of a real estate buyer/investor occurs between the ages of 25 and 35. This is when young adults are coming into their own, getting married, starting families, and growing their businesses; it is no wonder that this demography typically accounts for 30 to 40% of first-time home buyers globally. It is usually at this point that most young professionals start to seriously prepare and plan for the future, they understand that there is a need to invest in a home especially in a secured environment for their families to be happy and healthy. Thus,

begins what we refer to as the “Aspirational Pursuit” of a new generation of primary and secondary homeowners. We intend to help this new and matured generation find the right path home, perhaps build castle of Life-Cycle Assets that will enable them to finish well. Real estate, he said is an infinite investment. “Historically, it has been a creator of wealth for many people in the world over, not just investors, but also for families and individuals. Like stocks and bonds, real estate is an institutional investment, yet, it remains an emotional one and it is for this reason that most people aspire to own one and many more.

Hassan

“One of the challenges we have been encountering with investors in the housing sector, especially those from abroad is their insistence on being granted Sovereign Guarantee

Cadwell to Market Life-cycle Assets Bennett Oghifo Cadwell Limited, a real estate company, has introduced into the market its newest concept projects that it categorised as “Life-Cycle Assets”. According to the Managing Director of Cadwell Limited, Mr. Muyiwa Owoturo these are “never-done-before, everlasting architectural masterpieces of Mansions, Villas and Townhouses. We envision it as a place for homeowners to “Live, Earn and Transfer” (LET). Typically, it completes the human life cycle but uniquely, keeps the legacy going. Insofar as life has become more fastpaced and competitive, we

realise that people are busy and can barely keep track of their loaded work and family schedules let alone plan for the future. All these efforts are clearly geared towards the pursuit of one aspiration or the other, hence there is no other meaningful aspiration than to think wisely and buy into the Life-Cycle LET concept.” Owoturo said, “Homeowners will live in their homes be it a Mansion, Villa or Townhouse at a prestigious and most sought after secured locations such as South East and South West Ikoyi, Banana Island, Victoria Island, Lekki, Ikeja GRA, and Abuja. “They can potentially earn annual rental income

whilst living in their homes and watch their investments grow in value overtime. Transfer assets to their loved ones/family members as an inheritance and have their wealth outlive them.” The economy, he said would always experience boom and bust, but that real estate remained real and compensates itself with continuous capital appreciation throughout the investment life span. “Our advice is to always seek opportunity in Real Estate regardless of the mood of the economy. Nice enough, now the economy is on the upswing, it is therefore the best time to invest. Now is not just the best time to invest, now more than

‘Family Homes Fund Will Support Creation of 1.5m new Jobs’

Aminu-Kano Returns to NCF as DG

Bennett Oghifo

Dr. Muhtari Aminu-Kano has returned to the Nigerian Conservation Foundation (NCF), as Director-General/CEO, after serving as the foundation’s Executive Director/CEO from October 1998 to February 2003. Aminu-Kano, who resumed office few weeks ago, took over the reins from Adeniyi Karunwi who was the Chief Executive for more than three years. Aminu-Kano is an astute and experienced natural resources management expert with more than thirty-years cumulative experience in management, advocacy and research in the fields of protected area management, wider biodiversity conservation, climate change, agriculture, humanitarian work and poverty reduction in Nigeria, Africa and globally. He, at different times in his professional career, worked as an Assistant Director, Lake

Nigeria’s desire to reduce the housing deficit is being addressed through the Family Homes Fund, one of several efforts expected to address the acute need for affordable housing in the country through the combined effort of various market players, including government ministries, its agencies and the private sector. The challenge of adequate housing is a daunting one. But there are significant reasons for optimism that new partnerships and initiatives supported by the federal and state governments will help provide the over 17million new homes we need over the next 15 years, said the promoters of the fund. The Family Homes Fund Limited is one of such new initiatives, the officials said. Through a combination of activities, the Family Homes Fund aims to create or support

up to 1,500,000 jobs by 2023 making a real difference to the quality of life of families and the economy. The Fund is a partnership between the Federal Ministry of Finance and the Nigerian Sovereign Investment Authority as founding shareholders. The Fund will be the largest affordable housing focused fund in Sub-Sahara Africa leveraging its significant capital (in excess of N1trn by 2023) to facilitate access to affordable housing for millions of Nigerians on low to medium income. Through strategic partnerships with various players in the sector and some of the world’s main Development Finance Institutions it has an ambitious commitment to facilitate at supply of 500,000 homes by 2023 However, leveraging its capital to support the supply of new homes for families on low to medium income is only a means to an end.

Chad Research Institute, Maiduguri (Jan 1990 – Sept 1998) and Project Director, Hadejia-Nguru Wetlands Project, Nigeria (Jan 1993 – Mar 1995). He was also the Senior Adviser on Policy & Advocacy at the Birdlife International Secretariat, Cambridge for Eight Years and one of his deliverables was to ensure that Policy & Advocacy work on Multilateral Environmental Agreements are integrated with and contributes substantially to the work of other components of the Environment and Sustainable Development Division, as well as relevant thematic and regional programmes. Dr. Aminu-Kano is a trained leader and administrator with varying experiences in NGO management and Government - NGO partnerships and policy formulation and implementation through national, regional and international work.

Chinese Investors Plough $300m into Workers’Housing Project From Olawale Ajimotokan in Abuja Investors from China have offered to fund the ambitious Federal Integrated Staff Housing (FISH) project launched last year by the Head of Service of the Federation (HoS), Mrs Winifred Oyo-Ita, with a commitment of $300 million (approximately N108 billion). The two Chinese firms, Global Hint Construction Company Limited (GHCCL) and One Belt and One Road Financial Project Operation, signed the Memorandum of Understanding (MoU) with the HoS to construct over 5,000 housing units for civil servants in the Federal Capital Territory and Nasarawa State under the mass housing programme for civil servants. They will collaborate on the task with local real estate firm, ZVECAN Consulting and Engineering Limited. According to the terms of the MoU, the Chinese firms

will deliver 700 units of houses on 100 hectares of land in each of the housing estates in Apo Resettlement Scheme and Imperial City, Mpape in Abuja. In addition, the Office of the Head of Service of the Federation will liaise with Dangote Cement company and other manufacturers to bring down the cost of building materials and make the property ranging from 2-3 bedroom terraces and one bedroom bungalows affordable for the workers. Apart from bringing the cash, the Chinese partners will also provide backup technology, including solar power, construction materials and expatriate on site workforce. Steven Kim, representing One Belt and One Road Financial Project Operation, said the FISH project would be funded from China through the One Belt, One Road office to realise the aim of setting up the initiative in support of a people oriented project.


T H I S D AY ˾ TUESDAY JUNE 12, 2018

29 ADVERTORIAL


T H I S D AY ˞˜JUNE 12, 2018

30

BUSINESS/MONEYGUIDE

Ination Rate Predicted to Drop Further Nosa Alekhuogie Inflation rate (year-on-year) is expected to drop to 11.50 per cent in May 2018, lower than the 12.48 per cent recorded the previous month. Analysts at FSDH Merchant Bank that predicted this stated that the drop in the inflation rate was expected as a result of the base effect in the Composite Consumer Price Index (CCPI) from the previous year. “We note, however, that most consumer prices recorded elevated prices in the month of May. The prices of most of the food items that FSDH Research monitored in May 2018 increased substantially, leading to a 1.20 per cent increase in our Food

and Non-Alcoholic Index. “This Index increased year-on-year by 13.29 per cent, up from 240.30 points recorded in May 2017. We also observed an increase in the prices of transport, housing, water, electricity, gas & other fuel divisions between April and May 2018,� a report from the firm stated. Furthermore, the report indicated that the value of the naira depreciated at both the Nigerian Autonomous Foreign Exchange (NAFEX) and parallel markets in May 2018. The naira lost by 0.40 per cent and 0.14 per cent to close at US$/N361.62 and US$/N363.50 respectively at the NAFEX and parallel markets at the end of May. “The rise in the international

prices of food coupled with the depreciation in the value of the naira led to an increase in the prices of imported consumer goods in Nigeria between the two months under review. “FSDH Research notes that there is a potential increase in the local prices of imported food items because of the faster than expected increase in the international food prices. “Looking beyond the May inflation figure, the developments in the domestic agricultural sector may place upward pressure on prices if not checked. “FSDH Research observes that the agricultural Gross Domestic Product (GDP) growth rate in Q1 2018 recorded the lowest growth rate in the last 18 quarters since 2014.

Sterling Bank’s ‘Specta’ Records N2bn Loan Disbursement Nume Ekeghe Four months after its market entry, ‘Specta’, a lending platform powered by Sterling Bank, has advanced consumer loans worth N2 billion to salaried workers who are members of the lending platform’s pre-approved community. Commenting on Specta’s success, the Chief Marketing Officer, Sterling Bank, Mr. Dapo Martins, said: “The market is responding positively to Specta because it is meeting the credit needs of the contemporary Nigerian salaried worker who wants an immediate loan without leaving the convenience of his/ her office or home. “As such, the loan advances will continue in the second half of the year, especially because liquidity is a non-issue. There is over N8

billion set aside to meet the pressing credit needs of salaried workers in the country for just six months.� Martins, was also quoted in a statement to have added: “Beyond 2018, we are certain that there will continue to be an upswing in the adoption of Specta in market because it takes advantage of technology to offer a refreshing and satisfactory experience to consumers. “Customer testimonials are received daily about how the platform has simplified the loan booking process and incredibly reduced disbursement timeline to just five minutes after an application. We will continue to meet the needs of consumers seeking bespoke financial solutions in the Nigerian market,� he said. According to the statement, pre-approved communities are

companies or organisations that had been profiled and enrolled on the Specta platform. Individuals who work for organisations that have not been profiled can apply to be enrolled as individuals on the Specta platform. On her part, Head, Value Chain Banking, Sterling Bank, Mrs. Benedicta Sadoh, said: “Specta is creating and delivering value to individuals, families, real sector and the economy at large. “It is boosting the access of salaried workers and their households to credit which stimulates the economy through sustained consumption leading to increased production and job creation. We are proud that Specta is boosting consumer spending which is a key driver of growth and development in every economy,� she said.

UBA Launches ‘Leo’ in Cameroon, Zambia, Others The United Bank for Africa (UBA) Plc has revealed that its ‘Leo’ has been extended to Cameroon, Zambia, Cote D’Ivoire, Senegal and Congo. According to a statement from the bank, ‘Leo’ has brought ease to its customers since its introduction and has aided them with numerous transactions since the beginning of the year. The Group Managing Director, UBA, Mr. Kennedy Uzoka, said that the launch of Leo was part of initiatives aimed at putting the bank’s customers first with UBA continuously developing strategies aimed at easing transactions for the bank’s numerous users, while ensuring utmost safety of their transactions. Uzoka added: “The formulation of this product, is consistent

with the bank’s customer 1st philosophy, where we are doing things not the way we like, but focusing on what the customers want, where they want it, and in the exact platform they want it. “At UBA, we have been working with technology giants that have the global capacity to ensure not only seamless but also effortless banking for millions of our customers across Africa. We at UBA, have collaborated with Facebook to come up with this innovation that is capable of revolutionising the way banking is done in Africa.� Uzoka, who also noted that the banking solution would in the nearest future, show up on other social platforms, added that all it takes to enjoy the services is simply to have a Facebook

account. Also speaking at the launch of Leo, the Group Head of Online Banking at UBA, Mr. Austine Abolusoro, reiterated that the solution was not just a chat machine, but an artificial intelligence personality meant to address any type of banking concerns raised by customers. “Leo is ready and waiting to help with most transactions and to deliver any form of banking services. Leo is operating a lifestyle banking platform on facebook messenger to assist with your transactions while chatting with your friends and business partners. “The security with this platform is that for every transaction, an OTP (One Time Password) is generated to the phone number that is registered on your account.�

GTBank Denies Court Judgement Guaranty Trust Bank Plc (GTBank) has said its attention had been drawn to what it described as “false, mischievous and malicious statements circulating in the news and social media in respect of a purported directive by the Supreme Court of Nigeria to the bank to make payments to one of its debtor customers.� To this end, the bank in a statement urged its customers and members of the public to disregard

these “false statements as nothing could be further from the truth.� It said: “There was no directive or order issued by the Supreme Court of Nigeria to the bank to make any payment to any of its debtor customers. “The bank as a highly responsible corporate citizen will in accordance with its culture and tradition refrain from making comments about ongoing litigation matters and will continue to focus on using legal means to recover its bad debts. “It

must be emphasised that the bank remains undeterred in its recovery drive against recalcitrant debtors. “We again reiterate that there is no iota of truth in the falsehood being peddled by desperate and mischievous elements and the General Public should disregard same in its entirety. The bank remains committed to providing best-in-class customer experience to all its valued customers. We thank you for your continued support and patronage.�

L – R: Director, Africa Initiative for Governance (AIG), Mrs. Ofovwe Aig-Imoukhuede; Dean, the Blavatnik School of Government, University of Oxford, Professor Ngaire Woods; Founder and Chairman, AIG, Mr. Aigboje Aig-Imoukhuede; 2017/2018 AIG Fellow and immediate past Chief Justice of Ghana, Justice Mrs. Georgina Wood (Rtd); and CEO, AIG, Ms. Chienye Ogwo, at a public lecture at the Blavatnik School of Government, University of Oxford‌recently

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2018 Broad Money (M2)

24,303,049.86

-- Narrow Money (M1)

10,912,604.10

---- Currency Outside Banks

1,668,378.21

---- Demand Deposits

9,244,225.90

-- Quasi Money

13,390,445.76

Net Foreign Assets (NFA)

15,619,134.18

Net Domestic Assets(NDA)

8,683,915.68

-- Net Domestic Credit (NDC)

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 ˞ÙĂ&#x;ĂœĂ?Ă?Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

ËžĂ™Ă˜Ă?ĂžĂ‹ĂœĂŁÙÖÓĂ?ĂŁĂ‹ĂžĂ?Ě‹ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY JUNE 8, 2018

The price of OPEC basket of fourteen crudes stood at $74.22 a barrel on Friday, compared with $73.62 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 ˞˜ ÍŻÍ°ËœÍ°ÍŽÍŻÍś

MARKET NEWS

All-Index Gains 0.45% as Market Opens Week on Bullish Note Goddy Egene Trading at the stock market resumed for the week on a positive note yesterday, with the Nigerian Stock Exchange (NSE) All-Share Index rising by 0.45 per cent to close at 38,844.32. The market had recovered N700 billion last week after bargain hunters swooped on oversold counters. For four days running, the market was bullish but fell

on Friday as some investors paused for profit taking. However, the bullish trend resumed yesterday as 30 stocks appreciated while 20 others depreciated. Consequently, the month-todate and year-to-date growth improved to 1.94 per cent and 1.57 per cent in that order. According analysts at Meristem Securities Limited, trading recovered from the losses recorded on the final

P R I C E S MAIN BOARD

F O R DEALS

trading session last week. “The gains on counters in the banking and consumer goods sectors drove the performance of the market. We expect this to continue for the remainder of the week, even with bouts of profit taking on some of the counters,� they said. Bellwethers such as Nigerian Breweries Plc, FBN Holdings Plc, Guaranty Trust Bank Plc and Zenith

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

Bank Plc were among the advancers. But NASCON Allied Industries Plc led the overall gainers’ table with 7.1 per cent. Diamond Bank Plc trailed with 6.5 per cent, while Japaul Oil & Maritime Services Plc gained 6.4 per cent. NAHCO Plc and Equity Assurance Plc chalked up 5.0 per cent each. AIICO Insurance Plc and Presco Plc gained 4.8 per cent and 4.7 per cent

T R A D E D MAIN BOARD

A S

respectively. Conversely, Berger Paints Nigeria Plc led the price losers with 5.0 per cent, followed by BOC Gases Plc with 4.9 per cent. Eterna Plc shed 4.7 per cent just as Prestige Assurance Plc and Wema Bank Plc went down by 4.4 per cent and 3.9 per cent respectively. Meanwhile, activity level was mixed as volume traded improved by 187.2 per cent to 603.2 million shares while

O F

value traded remained flat at N3.9 billion. The most traded stocks by volume were Ikeja Hotel Plc (279.6 million shares), United Capital Plc (79.1 million shares) and African Prudential Plc (56.8 million shares) while Ikeja Hotel Plc (N705.0 million shares), Dangote Sugar Refinery Plc (N641.9 million) and GTBank (N437.7 million) were the top traded stocks by value.

1 2 / 0 6 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)


33

     ˾  TUESDAY, JUNE 12, 2018

MARKET NEWS

LeapFrog Investments Buys into ARM Pension Managers Limited LeapFrog

Investments, an investor in high growth financial services and healthcare companies in Africa and Asia, has become a shareholder in the company ARM Pension Managers (PFA) Limited. LeapFrog’s investment followed the exit of Helios Investment Partners from the company. According to the company, the new shareholder is bringing over a decade of experience investing and growing financial services companies in Africa. ARM Pension Manager,

a subsidiary of Asset & Resource Management Holding Company, is reputed for its investment management track record. Its partnership with LeapFrog Investment is geared towards further strengthening the company’s position in the pension industry. A subsidiary of the company, Asset & Resource Management Company (ARM) Limited had recently acquired Mixta Africa, a Barcelona-based outfit, which specialises in housing delivery. Unfolding the agenda of the firm at the launch of Mixta

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

Nigeria, a new name adopted by the firm after the acquisition exercise, the Managing Director, Mixta Nigeria, Mr. Kola Ashiru Balogun, said the move to rebrand ARM Property was informed by the desire of the company to meet its commitment to the housing sector. According to Balogun, the move became imperative because it would attract foreign funding, which is the most critical aspect in project delivery. “Besides, it would allow us

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 8-June-2018, unless otherwise stated.

to expand our scope in Africa and to ensure the provision of affordable homes in Nigeria,” he said. Giving the profile of the firm, he stated that Mixta Africa was founded in April 2005, and it became Europe’s first-mover and active player in the fast growing African Real Estate sector. “With offices in Morocco, Senegal, Tunisia, Côte d’Ivoire, Nigeria and Mauritania and projects in Algeria and Egypt, we have a mission of leading the transformation of African

cities. “In 2015, Mixta Africa was acquired by Asset & Resource Management Company (ARM), an established asset management company headquartered in Lagos, Nigeria with circa US$3.5 billion under management,” he added. Speaking on the vision of Mixta Nigeria, the company’s chairman, Mr. Deji Alli, who is CEO Mixta Africa, said the firm would be the African foremost real estate developer by creating value for the clients

through delivery of innovative solutions. “The acquisition is part of ARM’s strategic move to establish a leadership position in Nigeria (Africa’s largest real estate market) as well as leverage Mixta’s multi-country presence to effectively pursue emerging opportunities in the continent’s real estate and hospitality space. “ARM has over the last decade built a large and enviable real estate business in Nigeria under its subsidiary, ARM Properties Plc,” he said.

Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 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 1.61% ACAP Income Funds 0.64 0.64 6.36% 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 13.20% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A 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 N/A N/A N/A Paramount Equity Fund N/A N/A N/A Women's Investment Fund N/A N/A N/A 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 13.29% 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 13.16% Coronation Balanced Fund 1.14 1.16 8.58% Coronation Fixed Income Fund 1.12 1.15 8.24% 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 1,161.10 1,161.80 1.13% FBN Heritage Fund 147.85 149.13 6.05% FBN Money Market Fund 100.00 100.00 13.00% FBN Nigeria Eurobond (USD) Fund - Institutional $112.75 $113.20 -0.18% FBN Nigeria Eurobond (USD) Fund - Retail $112.62 $113.07 -0.20% FBN Nigeria Smart Beta Equity Fund 176.47 179.16 9.74% 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 1.36 1.39 4.55% Legacy Debt Fund 3.05 3.05 5.78% 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 3,183.69 3,215.68 6.62% Coral Income Fund 2,626.99 2,626.99 7.35% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 13.26% Nigeria Entertainment Fund 102.89 103.88 2.92% 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 13.01% Vantage Balanced Fund 2.21 2.24 4.90% Vantage Guaranteed Income Fund 1.00 1.00 15.54% Kedari Investment Fund (KIF) 120.40 120.77 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 1.18 1.21 3.44% Lotus Halal Fixed Income Fund 1,072.55 1,072.55 6.36% 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 13.83 13.94 5.13% Meristem Money Market Fund 10.00 10.00 11.59% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.35 1.37 12.96% PACAM Fixed Income Fund 11.72 11.79 6.25% PACAM Money Market Fund 10.00 10.00 12.83% 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 127.57 129.79 -0.95% 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 1.59 1.59 6.99% 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 2,375.72 2,395.11 5.91% Stanbic IBTC Bond Fund 185.68 185.68 5.23% Stanbic IBTC Ethical Fund 1.05 1.06 4.46% Stanbic IBTC Guaranteed Investment Fund 236.50 236.56 7.39% Stanbic IBTC Iman Fund 184.19 186.16 2.82% Stanbic IBTC Money Market Fund 100.00 100.00 12.38% Stanbic IBTC Nigerian Equity Fund 9,941.00 10,076.35 2.81% Stanbic IBTC Dollar Fund (USD) 1.09 1.09 3.27% 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 1.31 1.32 -1.80% United Capital Bond Fund 1.65 1.65 5.42% United Capital Equity Fund 0.95 0.97 3.99% United Capital Money Market Fund 1.00 1.00 12.51% United Capital Eurobond Fund 106.27 106.27 3.28% United Capital Wealth for Women Fund 1.14 1.15 5.16% 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 13.18 13.37 4.32% Zenith Ethical Fund 13.72 13.87 3.03% Zenith Income Fund 20.28 20.28 7.15% Zenith Money Market Fund 1.00 1.00 12.75%

REITS NAV Per Share

Yield / T-Rtn

11.41 136.00 103.70 51.30

1.01% 2.67%

Bid Price

Offer Price

Yield / T-Rtn

12.28 153.26 113.53

12.38 156.45 115.60

1.30% 7.28% 3.89%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Nigeria Infrastructure Debt Fund Union Homes REIT

0.92%

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

4.88 9.12 18.07 20.10 146.52

4.92 9.20 18.17 20.30 148.52

2.94% -4.68% 3.14% 2.18% 6.99%

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.


33

TUESDAY, JUNE 12, 2018˾T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

US Says North Korea Talks Moving Quickly, Trump to Leave Early President Donald Trump plans to depart early from his unprecedented summit with Kim Jong Un, The Associated Press reported the White House as saying on Monday, declaring that nuclear talks with North Korea have moved“more quickly than expected.” Trump had been scheduled to fly back to Washington on Wednesday morning after spending Tuesday with the North Korean leader in Singapore. But on the eve of the summit, he altered his schedule, opting to return at about 8 p.m. on Tuesday after a full day of meetings with Kim — almost 15 hours earlier than previously anticipated. “The discussions between the United States and North Korea are ongoing and have moved more quickly than expected,”the White House said in a statement. It wasn’t immediately clear what specific progress, if any, had been made in preliminary discussions between US and North Korean officials in the run-up to the Tuesday summit. In fact, only hours before the White House announcement, US Secretary of State Mike Pompeo had seemed to lower expectations for the meeting, which Trump had earlier predicted could potentially

yield an on-the-spot deal to end the Korean War. “We are hopeful this summit will have set the conditions for future successful talks,”Pompeo said on Monday evening. The summit — the first ever between a sitting American president and North Korea’s leader — was to kick off at 9 a.m., the White House said. After greeting each other, the two leaders planned to sit for a one on one meeting that a US official said could last

up to two hours, with only translators joining them. The official wasn’t authorised to discuss the plans and insisted on anonymity.

PUBLIC NOTICE

I, formerly known and addressed as MARY OKUSHI, now wish to be known and addressed as MARY AIMIEBENOMON OKUSHI. All former documents remain valid. The general public should take note.


TUESDAY, JUNE 12, 2018˾T H I S D AY

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APC Convention:  Oshiomhole Dismisses Threat from Other Chairmanship Aspirants Onyebuchi EzigboÓØÌßÔË Former Edo State Governor and one of the top contenders for the office of the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, said he has nothing to worry about any threat to his emergence as the national chairman of the party. He, however, said whether or not he emerges the chairman, he will continue to work hard to ensure the party retains power. Other aspirants in the race are Prof. Oserheimen Osunbor; former Cross River State Governor, Clement Ebri, and Chief Ibrahim Emokpaire. Oshiomhole, who spoke with journalists after he was screened by the party’s screening

committee, said the process leading to the emergence of a new leadership was more important than the outcome. While describing democracy as problematic, the former NLC president said there was still no better way to govern a people who are not children than through democracy, adding that he was confident of emerging victorious at the end of the convention. He said: “I am used to contestations and competition and I am a democrat. That was why I did not agree with those who wanted their tenure extended without election. I think democracy is problematic, but there is no better way to govern a people who are not children who should be spoon

Lai Mohammed Faces Contempt over Publication of Looters’ List

fed. “In this business, it is not just what you do, not how it is done and who is involved in the doing. It is about participation. I am excited and the people are no strangers. “At least, I know one, and we have contested against each other before. He rigged me out, I pursued him and I won and retrieved the mandate from him. I went back to seek second term and I won. I defeated him even in his local government area. I won 18 over 18, defeating him in his ward, his unit, his local government area and senatorial district. “If I was able to defeat him as an ordinary union leader when they dismissed me that I was not a politician while he was already a senator, now as a man who has had the privilege to preside over

the affairs of Nigeria Labour Congress (NLC) nationwide, a two-time governor, if I have to compete with somebody who was governor for 18 months, I don’t have any problem. “As for the others, let me say that in a boxing ring, heavy weights don’t engage feather weight. But seriously speaking, I am happy that we are in a democracy and people are free to contest. Quite frankly, the process is much more important than the outcome. I am satisfied not because I will be chairman, but because my party is in power. “My commitment is not just for me to be chairman. As chairman or no chairman, I will continue to work hard to see that our party retain power at the centre and also run power in many more states and produce many more senators, House of

Representative members and more House of Assembly members so that we will have the strength we need to deepen the change and sustain the changes.” Speaking on the outcome of his screening, Oshiomhole said “When you write an exam, you try to do your best, trusting that your examiners will find your answers good enough to give you a pass or even a distinction. That would only be at their discretion. I would say that I tried my best to speak to the issues which are basically how to move forward. “Nobody should seek to lead if you don’t have a level of understanding of what the challenges because you can’t do prescriptions without diagnosis. Fortunately, I have been a founding member. “I was one of the governors

that participated in the merger meetings when we had to sit for the first time ac ACN governors, CPC Governor, ANPP governor and that of APGA to see how we can move forward. “So, I understand the mission and the vision of the APC because we were the founding persons of the party. So, I know what our dream was and the gap between that dream and the current reality. “I am also clear as to what we need to do differently so that dream is realised.” He, however, dismissed speculations that he was sponsoring some of those contesting the chairmanship seat saying: “I don’t react to speculations. I react to real issues. If they are speculations, they should be allowed to die as speculation.”

Fani-Kayode sues minister Davidson Iriekpen A Federal High Court in Lagos yesterday granted former Minister of Finance, Nenadi Usman, leave to serve the Minister of Information, Lai Mohammed, a notice to appear before the court and explain why he should not be committed to prison for publishing the name of the applicant on looters’ list while the matter is ongoing in court. Also, former Minister of Aviation, Mr. Femi FaniKayode, has instituted a contempt proceedings suit against Mohammed for listing his name in recently released looters’ list. The federal government, through the Economic and Financial Crimes Commission (EFCC) had charged Usman, Fani-Kayode and two others before the court and they pleaded not guilty. While the matter is still ongoing, the applicant’s name was included in looters’ list published by the alleged contemnor. Justice Rilwan Aikawa granted the application, following an ex-perte motion moved by Usman’s counsel, Chief Ferdinand Orbih (SAN), alleging contempt of court against Mohammed. According to the motion, the alleged, contemnor aware of the pendency of the suit, caused to be released and published a list of looters in several media platforms on April 1, 2018, where the name of the applicant featured prominently as having looted N1.5billion. “Other than the instant ongoing charge for which applicant is standing trial; having pleaded not guilty thereto, she has never been charged, tried or convicted of any criminal offence whether for looting public fund or any other crime. “The said publication has prejudiced the applicant in the minds of the public and was

intended or likely to interfere or obstruct fair administration of justice in this charge, where the complainant/respondent is yet to conclude its case,” Usman stated. Supported with a 14 paragraph affidavit deposed to by a litigation assistant at Synergy Attorneys, Sesan Adebayo, he swore that the alleged contemnor in a purported response to the Peoples Democratic Party (PDP), named persons he called looters of the treasury at a press conference in Lagos and included the applicant, being aware of the pendency of the suit before the court. “I believe that if the alleged contemnor is not made to show cause as to why he should not be charged for contempt and purge himself of the willful contempt of the authority of this court by committing him to prison, he will continue in his contemptuous activities thereby making mockery of the judicial process,” Adebayo averred. The court also ordered that the motion on notice dated May 2, 2018 and other accompanying processes be served on the alleged contemnor by substituted means. The matter has been adjourned to October 2, 2018. Meanwhile, Fani-Kayode, has instituted a contempt proceedings suit against Mohammed for listing his name in recently released looters’ list. Fani-Kayode, through his lawyer, Mr. Ferdinand Orbih, yesterday, told a Federal High Court, presided over by Justice Rilwan Aikawa, that his application against Mohammed was brought pursuant to the provisions of the Sheriffs and Civil Processes Act, as well as the Court’s Civil Procedure Rules. He said his application was seeking leave of the court, to serve the motion on notice, on the information minister for alleged acts of contempt.

HEALTH IS WEALTH

L-R: Deputy Governor of Rivers State, Mrs. Ipalibo Harry Banigo; Governor of the state, Mr. Nyesom Ezenwo Wike; widow of Chief PG Warmate, Mrs Warmate; Speaker state House of Assembly, Hon. Ikuinyi-Owaji Ibani and South-South PDP Chairman, Mr. Emma Ogidi, during the inauguration of Rivers state Primary Healthcare Board Complex, named after Warmate in Port Harcourt... recently

Arepo Estate Residents Resort to Self-help to Fix Community Roads Residents of Arepo Estate on Lagos-Ibadan expressway in Ogun State have resorted to self-help in fixing their failed road network having been ignored by the Ogun State Government. Arepo is a satellite town off the Lagos-Ibadan expressway in Obafemi Owode Local Government Area of Ogun State, noted for its delightful settlement and magnificent structures erected in the town, but which recently witnessed mass exodus from the area due to terrible state of the road and adjoining roads. The area, which is home to Journalists’ Estate and several choice estates, is the next prime location after Magodo, where a plot of land cost as much as N15 million, but the sorry state of the estate in terms of road infrastructure has affected the quality of life and value of

investment in the area. However, to change the narrative, the residents, who had embarked on a ‘Yes, we can fix our road’ initiative, said they are prepared to rescue their estate after repeated attempts to engage the state government failed to yield result. Speaking at the kick-off and fundraising of the communal effort at the weekend, president of Arepo Central Community Development Association (ACCDA), Mr. Kehinde Adeyemo, said the move was galvanised by the failure of the Ogun State government to keep its promise. Adeyemo, a quantity surveyor, said the community has spent N18 million cumulatively on the project, while the first phase of the main access road cost N8 million. According to him, the main access road was awarded six years ago at the inception of Governor Amosun’s

administration and ever since, residents have been engaging the government on the need to come to their aid, all to no avail. Specifically, he said the road was awarded to First August construction firm in November 2012 under Contract 11 with a signpost erected at the Journalist Estate Phase 1 gate and has since remained untouched and impassable for motorists and pedestrians. He said: “When we discovered that the road was going to cut into two due to erosion at the gate of NUJ 2, we gathered funds to begin the culvert but before we moved to the second stage of culvert construction, the state ministry of works came to help out. “When Governor Ibikunle Amosun came in year 2015 to seek re-election, we made it clear that the road was our priority because of the pain we

are passing through daily but we are still expecting him till today,” he added. Also, the chairman of Shalom Estate, one of the numerous estates in the community, Mr. Shina Shitu, said the project started with a lot of doubt but reality on ground has shown that residents are willing to help themselves by donating generously towards the project. He urged the officials of the executive committee not to relent in the task ahead in order to improve the quality of life and the value of the estate, which he said is fast deteriorating. After endlessly waiting for Ogun State government’s intervention, the people of Arepo town have now resorted to self-help in fixing the bad roads within their community. At the weekend, the estate’s community development association rallied its members to begin construction of the 1.2km road.


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CELEBRATING JUNE 12…

CELEBRATING JUNE 12…

Remove Obstacles to Free, Fair Elections, NLC Tells Buhari Our Correspondents The Nigeria Labour Congress (NLC) yesterday urged President Muhammadu Buhari to remove obstacles to free and fair elections in the forthcoming elections. While congratulating Nigerians on the 25th anniversary of the June 12, 1993, presidential election, NLC President, Ayuba Wabba, said: “President Buhari has already declared June 12 as a national holiday in commemoration of our democracy. He has also conferred the highest honour in the land on the arrowhead of the June 12 struggle, Chief MKO Abiola. “This confirms June 12 as a muster point of our democratic aspirations as one people united by the quest for wellbeing, dignity and prosperity. We salute the working class, civil society activists, the trade unions, women and student groups for their roles and sacrifice in defending the sanctity of  June 12  and enthroning our current democracy.” NLC, however, urged the federal government to identify fully with the ideals and lessons of June 12 by removing all obstacles to free, fair and credible elections in Nigeria. Calling on the government to also enforce relevant provisions in our Electoral Act that places a ceiling on political campaign financing and criminalise violence, vote buying and sundry fraudulent acts, Wabba added that “the core of his campaign message was the promise to eradicate poverty.”   

Elected Third Republic Office Holders Deserve Compensation As President Muhammadu Buhari’s formal recognition of late MKO Abiola as the winner of 1993 presidential poll continues to elicit diverse reactions, the president has been urged to go the whole hog and pay all entitlements lost by elected office holders in the botched third republic. Former Abia State Chairman of the Peoples Democratic Party (PDP) made the call in a statement he issued in reaction to the resurrection of the June 12 saga, saying the recognition of the acclaimed winner of the  June 12  poll after a long time “is better late than never.” Following the annulment of the  June 12  presidential poll, all the democratic structure already in place were eventually dismantled when the military displaced the Interim National Government of Chief Ernest Shonekan. All the National Assembly members, state governors and state Houses of Assembly members were sent packing in the military coup staged by late General Sani Abacha. But Senator Nwaka argued that those affected by the military intervention should be compensated for the untimely termination of their tenures whether as governors, federal or state lawmakers in the aborted third republic. “It will help if the government goes the whole hog,” he said, adding that aside from the presidential election which was annulled, other democratically elected structures like the national and state Houses of Assembly “were unconstitutionally sent packing”    hence the need for compensation.”  

Late Chief MKO Abiola national award of Grand Commander of the Federal Republic (GCFR) on Chief MKO Abiola, the presumed winner of June 12, 1993, presidential election by President Muhammadu Buhari as commendable and historic. The party in statement issued by its state Publicity Secretary, Moses Kamanya, thanked the president for the landmark decision in honouring “these democracy heroes and giving them their right place in history where the previous governments failed.” He noted that the president’s awards to two other prominent Nigerians, Abiola’s running mate, Alhaji Babagana Kingibe, and the late human rights activist, Chief Gani Fawehinmi, with the Grand Commander of the Order of Niger (GCON) is a proof that the president recognised the sacrifices of these leaders to the attainment of the present democracy. The party noted that “the posthumous award bestowed on Abiola and others by President Buhari has set the country on path of justice and truth because democracy has been given its right footing. “The president declaration of June 12 as the new Democracy Day is a great moment for Nigerians; this decision has corrected the wrong of the past.”

Abiola’s Kinsmen in Ogun Seek Fayose Declares June 12 Public Holiday President’s Tenure Extension By Two   Weeks Ekiti State Governor, Ayodele Fayose, has declared June   As a mark of honour to celebrate  June 12  as democracy day in Nigeria, kinsmen of the acclaimed winner of the annulled 1993 presidential election, Chief Moshood Abiola, in Gbagura area of Abeokuta, Ogun State capital, have urged the federal government to extend the president’s tenure in office by two weeks, instead of the usual handover date of  May 29 to  June 12  in order to coincide with the recently approved democracy day celebration. The Abiola’s kinsmen under the monarchical order of Agura of Gbagura, Oba Halidu Olaloko (the Sobekun II) and Gbagura Council of Chiefs jointly declared yesterday that the shift in the president’s tenure and handover date by two weeks becomes imperative with a view to properly actualise the June 12, 1993, annulment date, and thereby immortalising Abiola, who sacrificed his life for the Nigerian democracy. Reacting to the federal government’s gesture to actualise the date at a press conference held at Agura Palace, a stone throw away to Abiola’s family house at Oke-Iddo in Abeokuta, Oba Olaloko applauded President Buhari and National Assembly for the steps that had taken but urged them to have a second look by extending the president’s handover date from May 29 to  June 12.  

12   a public holiday in honour of the winner of the June 12, 1993, presidential election, late Chief Moshood Kashimawo Olawale Abiola. President Muhammadu Buhari had last week proclaimed June 12  a democracy day that should be observed as a public holiday in honour of Abiola. In a statement issued yesterday in Ado Ekiti and signed by his Chief Press Secretary,    Idowu Adelusi, Fayose said the holiday would not affect those on essential services like doctors working in government hospitals and men of the state Fire Service. “As done last year, I have directed that on June 12 be observed as public holiday in Ekiti State. This is to demonstrate our belief in the sanctity of that day as the day the seed of democracy was planted in Nigeria. “It is hoped that in the spirit of  June 12, which has now become the bride of even those who scuttled it and benefited from the annulment, free, fair and credible elections must be allowed in the country so that our democracy can be further sustained. “For me, the best honour that can be done to Abiola and other unsung heroes of the June 12 struggle, is for Nigerians to be allowed unrestricted freedom to elect whoever they want as leaders,” he said.  

Leadership of the All Progressive Congress (APC) in Delta State has described the conferment of the highest

Lisa Olu Akerele, has appealed to President Muhammadu Buhari to extend his honour by ensuring his family is

Let Buhari Compensate Abiola, Others, Delta APC Salutes Buhari for Honouring Says Akerele Abiola, Kingibe and Fawehinmi A former Personal Assistant to late Chief Moshood Abiola

financially compensated for the loss and pains it suffered in the June 12  saga. Referring specifically to Abiola’s crumbled business empire, including Concord Press of Nigeria, Radio Communication Nigeria Limited, Abiola Bookshops, Abiola Bakeries, Abiola Farms, Concord Airlines and Summit Oils, Akerele said these should be compensated to enable some of the companies return to life. While commending Buhari for granting deserved posthumous honour to Abiola, Akerele noted that those who suffered incarceration and other economic losses must be compensated to ameliorate the pains they suffered in the wake of the June 12, 1993, political crisis which followed the annulment of the  June 12  presidential election. He pointed out that the clamp down on the country visited on activists during the late General Sani Abacha jack-boot reign strangulated them both politically and economically, leading to the death of many leading lights in the struggle for democracy. The veteran journalist, who was also a victim of the junta where he was incarcerated for two years by Abacha, was on hand to convey Abiola’s corpse back to Lagos after his death in detention in Abuja. Akerele had sustained an underground campaign after General Abdulsalami Abubakar (rtd) returned the mantle of leadership to civilians for the federal government to reverse the June 12 annulment and honor Abiola with the nation’s highest award. The campaign has come to fruition with Buhari’s recent amnesty.

Abiola, Others Did Not Die in Vain, Says Ajimobi Oyo State Governor, Abiola Ajimobi, has said late Chief MKO Abiola and other heroes and heroines who paid the supreme price for the actualisation of June 12, 1993, presidential election did not die in vain after all. In a statement by his Special Adviser on Communication and Strategy, Mr. Bolaji Tunji, the governor said the declaration of June 12 as Democracy Day by President Muhammadu Buhari was a vindication of the clamour in the last 25 years for the recognition of Abiola’s sacrifice. The governor congratulated the people of the state and all democrats across the country on this year ’s commemoration of the June 12 annulment, noting that the struggles of the years past are beginning to yield the desired dividends. Ajimobi stated that this year ’s occasion presented a veritable oppor t u n i t y f o r t h e p e o p l e t o c e l e b r a t e and also reflect on the ideals that Abiola and other pro-democracy activists lived and died f o r. The governor prayed for the repose of the souls of Abiola and other Nigerians who lost their lives in the struggle to actualise the annulled election.


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Ugwuanyi Always Close to the People, Says Dogara The Speaker of the House of Representatives, Hon. Yakubu Dogara, has extolled the leadership virtues of Enugu State Governor, Ifeanyi Ugwuanyi. He described the governor as “an established leader” who is being celebrated widely because of his closeness to the people and effective delivery of dividends of democracy in spite of the country’s economic challenges. Dogara, a chieftain of the All Progressives Congress (APC), added that Ugwuanyi is “a very nice man to a fault,” who “wants to please everybody,” saying he has “done exceptionally well” in office that members of the National Assembly in particular and the people of the state “are exceedingly proud of what you have achieved.” The Speaker, who stated these during the grand reception for Ugwuanyi  by members of the Enugu State National Assembly caucus, said he was delighted at the governor’s popularity and humility, and “when I went to Enugu, I saw market women and many indigenes of the state coming to the Government House, dancing and singing.” He disclosed that the people he saw were not rented crowds but those who were acting from the bottom

of their hearts, applauding Ugwuanyi for “investing in people.” According to him, “Ugwuanyi is such a person that you will never meet in mansions when you go to Enugu. You will meet him among his people and that is where his heart is. And that is where the heart of a leader should be.” Speaking on the governor’s unprecedented achievements in spite of the state’s lean resources, Dogara, while recalling the governor’s firm belief in the miracle of “five loaves and two fish,” stated that “our brother (Ugwuanyi) who is a true leader is performing beyond expectation with the very little resources that he has.      “Your Excellency now that you have done exceptionally well, all the Enugu people are happy and they have decided to endorse you for a second term. When the people of the state say we are celebrating you, we are appreciating you, it means they are applying for more. So I wish you well. I know that you will continue to distinguish yourself creditably and redefine leadership in the state,” the Speaker added. In his remark, the Deputy Majority Leader of the Senate, Senator Bala Na’allah, who represented the President of the Senate, Bukola Saraki,  also eulogised Ugwuanyi for his outstanding leadership qualities,

saying he “is one of the most decent and honest persons I have worked closely with.” At the event, the Enugu State National Assembly caucus unanimously endorsed the governor for a second term in office for his effective leadership and entrenchment of peace and good governance in the state. The Deputy President of the Senate, Senator Ike Ekweremadu on behalf of all the federal lawmakers from the state, said the endorsement was predicated on the governor’s development strides and his leadership style characterised by justice, equity, and peace. He said: “Ugwuanyi has connected with the people of Enugu State in a very peculiar way. Today, communities have their Liaison Officers, and they execute projects. Everybody is part and parcel of the government.” Responding, the governor, who appreciated the Enugu caucus of the National Assembly for their show of love and support, noted that the prevailing peace and cooperation between the federal lawmakers and his administration have resulted in numerous constituency projects and federal government interventions in the state.   He assured them that the years of dichotomy now belonged to the past.


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TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY

WORLD CUP COUNTDOWN‌

2 D AY S T O G O

L-R: Super Eagles’ Ogenyi Onazi, John Mikel Obi, Kenneth Omeruo, Chidozie Awaziem, John Ogu, Elderson Echiejile, Odion Ighalo and Alex Iwobi showing o their chic Nigerian outďŹ t on arrival in Russia from Austria‌ yesterday

Stylish Eagles Captivating the World with Dress Sense Duro Ikhazuagbe

First it was Super Eagles home and away World Cup jerseys that created a frenzy around the world on the day sportswear giants, Nike, put them on sale in London. In just matter of hours, the entire stock sold out! Never in the 24 years of Nigeria’s participation at the Mundial has such a thing happen previously. Little did the world realize the jersey frenzy was going to be little compared with the glitz and buzz that will surround Super Eagles’ arrival in Russia from their training camp in

Austria on Monday afternoon. Yesterday, Eagles touched down in Russia in exotic, white kneel length caftan-like designer dress with a white hat to match. The designers of their outfits also kept faith with football by placing patches of football on the collars of the white and green outfits. Just like it happened in London at the sale of the jerseys, the social media went agog, with mostly Nigerians and Africans celebrating the three-time AFCON winners and their dress-to-kill- sense. One fan wrote on Twitter: ‘Love the fact you guys

‌Obaseki Charges Players to Keep Eyes on Trophy Adibe Emenyonu in Benin City With barely two days to the commencement of the 2018 World Cup in Russia, the Governor of Edo State, Mr. Godwin Obaseki, has charged the Super Eagles to set their eyes on the trophy as the team has all it takes to win the tournament.  According to Obaseki, the current Super Eagles are made up of young and talented players who have distinguished themselves in their various teams, home and abroad, and are determined to make their mark in history as the soccer fiesta begins on Thursday. “The team has our support and we are hopeful that we will make it to the final and win the trophy. All that is required of the players is to keep their eyes on the trophy and approach each match with a high sense of commitment to national duty,â€? the governor advised. He urged the players to see themselves “as ambassadors of Nigeria who have the rare chance to advance a new narrative about Nigeria on the world soccer stage.â€?

Obaseki Obaseki said: “The World Cup has become a very strong tool for diplomacy and image refresh. I urge our players to appreciate the bigger picture and comport themselves in a manner that befits the new Nigeria that we are working hard to build. “I am confident that the Nigerian spirit, coupled with the strict adherence to instructions by their technical team, will take our Super Eagles to victory.� The month-long soccer event will see the Nigerian side lock horns with Croatia on Saturday in their opener, a match, analysts say will set the tone for the Super Eagles’ aspiration to win the highly coveted trophy.

aren’t going in suit. We are Africans. We dress like one to Russia. Goodluck.’ From Captain John Mikel Obi to new entrant like Bryan Idowu, Instagram and Twitter celebrated the arrival of the first team to clinch the ticket to Russia 2018 from the African continent. ‘Tell the world we are coming #positivevibesonly #worldcupvibes #eue3 #supereagles @ighalojude @ogu30’ Nigerian international Elderson Echiejile - also of Monaco - wrote on Twitter as they made their way to their Essentuki training base in Southern Russia. Captain John Obi Mikel also wrote on Instagram: ‘Russia here we come’.

Of course, it is not only the native attires that the world will see in Russia, the Nigeria Football Federation (NFF) under the leadership of quintessential Amaju Pinnick, has also design trendy suits for the glory-seeking Eagles. Nigerian designer, David Bowler, was contracted to kit the players in smart, sweetlooking official suits that will be talk of the tournament. Bowler had similarly designed the suits Eagles wore to the 2014 World Cup in Brazil. A last minute red tape at the supervising Federal Ministry of Sports in Abuja denied the    2016 Rio Olympic Games contingent from similarly benefiting from

the craft of the top Nigeria clothe designer. However, despite all the razzmatazz that trail Super Eagles jerseys and designer dresses, Gernot Rohr and his wards are not lost on the essence of their going to Russia. They immediately settle down to business after the six hours flight from Austria to the team’s base camp in Yessentuki, a city in Stavropol Krai, Russia. It is located at the base of the Caucasus Mountains. Although camp sources confirmed the players had light work out before the trip, they are not expected to have serious drill until later in the evening ahead of their first

game against Croatia. Eagles who are in the competition as one of the lowest ranked teams, (48th in the FIFA rankings released last Thursday), accept their underdog tag but insisted they are not going to lie down for any team to roll over. Both Rohr and Mikel admitted to reporters before leaving Austria for Russia they were unfazed by the underdog tag. Nigeria is to kick off  her World Cup 2018 campaign against Croatia in Kaliningrad on Saturday, June 16, before taking on Iceland in Volgograd and then complete the group stages against Argentina in St Petersburg.

Stoke Grabs Etebo for ₏7.2m Five-year Deal Stoke City has confirmed the ₏7.2m (£6.35m) signing of 22-year-old Super Eagles midfielder Oghenekaro Peter Etebo from Portuguese club Feirense. Etebo, who will link up with his new teammates after the World Cup finals in Russia where the Super Eagles will play in group D alongside Croatia, Argentina and Iceland has signed a long term five-year contract with the Potters until 2023.

He spent the second half of last season on loan at Las Palmas in La Liga and will now be tasked with helping Stoke return to the Premier League at the earliest opportunity after their relegation to the Championship in May. Stoke claimed to have sealed the deal ahead of Premier League and Bundesliga clubs. “We are delighted Etebo has chosen to join Stoke City, becoming our first signing of the summer,� chief executive Tony

Scholes told the club’s official website. “I’m particularly pleased that he took the time to look beyond our current league status and understand who we are as a club before choosing us ahead of current Premier League and Bundesliga clubs.� New manager Gary Rowett  said: “We’re really excited to have got the deal over the line for Etebo. I’m looking forward to seeing him in a Stoke City shirt as I’m sure

our supporters are too. “Etebo is a very mobile, energetic midfielder and he’s a great age. He has played in the top divisions in Portugal and Spain and, of course, he’s heading into the World Cup with Nigeria which will be an amazing experience for him.� Stoke fans will hope to catch first glimpses of Etebo in action when Nigeria face Croatia (16th June), Iceland (22nd June) and Argentina (26th June) in Group D of the World Cup.

Super Falcons Qualify for Women’s Africa Cup of Nations Four goals by Desire Oparanozie and a brace by Asisat Oshoala enabled reigning champions Nigeria to spell GAMBIA in Lagos yesterday evening and qualify for the 11th Women Africa Cup of Nations on a 7-0 aggregate win. Oparanozie started early, blasting past goalkeeper Aminata Gaye from the spot in the second minute after Francisca Ordega was upended in the box by Nenneh Jallow. Former Under-17 team star Amarachi Okoronkwo, who scored the only goal

of the first leg in Bakau on Wednesday with a long range strike, tried to recreate same on the half –hour, but her effort saw the ball kiss the upright and bounce to safety. The visitors strung passes together brilliantly in the midfield but could not get past the experienced Nigerian rear wall of Faith Michael, Ngozi Ebere, Osinachi Ohale and Skipper Onome Ebi. Typically, Ngozi Okobi dominated the midfield, orchestrating brilliantly and earning standing ovation on several occasions with her

intelligent play and passes. Her clever knock –down in the box in the 45th minute freed Asisat Oshoala to score Nigeria’s second. Oparanozie knocked in her second and Nigeria’s third in the 48th minute, and although Penda Bah, Adama Tamba, Isatou Jallow Mam Drammeh and substitute Clarra Gomez tried to fashion a different approach, the 2016 Women AFCON final goalscorer hit the fourth for the Falcons in the 62nd  minute to take the winds off the Gambians’ sail. Substitute Halimatu Ayinde

failed to connect with the net gaping after a brilliant Ordega pull-out in the 72nd minute, but Oshoala quickly made amends for that and several other misses with a captivating solo run and strike two minutes later. With six minutes left, Oparanozie rifled into the far corner after her initial effort was blocked, to make it 6-0. The Falcons thus join Equatorial Guinea, Mali, Zambia, South Africa, Algeria and Cameroon (who qualified in previous days) at the finals slated for later this year.


T H I S D AY ˾TUESDAY, JUNE 12, 2018

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TUESDAYSPORTS WORLD CUP COUNTDOWN…

2 D AY S T O G O

FIFA’s New Ranking System to Benefit Eagles, Others Femi Solaja Following the decision of world football body, FIFA, to overhaul its monthly ranking system to make standing more fair and logical, the Super Eagles and many other nations that have won matches against stronger nations are in position to profit in the new order. At the end of its technical meeting ahead of the World Cup finals which gets underway this week in Russia, FIFA announced  that changes will be made to the way that the world rankings of international teams are calculated, switching to a method that add or subtracts points from a country’s total rather than averaging them over a multi-year period. The new system will ensure that countries with less capability are able to attain good rankings after winning a string of important games or difficult games. Nigeria football pundits were amazed last November when Eagles dropped in ranking even after securing a massive win over Argentina in an international friendly in Russia. However, FIFA noted that the

new Elo method which was first used in chess and later tennis then in other sports for a number of years and is even involved in calculating the women’s world rankings, with a specific version (SUM) developed especially to take into account FIFA’s considerations. FIFA explains: “Teams gain and lose points based on their performance. The number of points gained or lost is a function of the relative strength of the opponents. Thus a weak team beating a strong team gains more points than a strong team beating a weak team. It is a fair and logical concept.” As well as the relative strength of both teams involved, less importance will be given to friendly games when determining the rankings, while more will be given to the major tournaments. Knockout stage matches will also carry more weight than group stage games. FIFA also explained that teams from all over the world will now have ‘equal chance’ of rising in rankings after the old weighting variables that favoured European and South American nations has been removed.

W H AT T H E S TA R S A R E S AY I N G … MASCHERANO “Croatia is a first-class side with top players, especially in the midfield, such as Modric, Brozovic, Kovacic, Rakitic … Perisic; a team to watch out, quality squad. And Nigeria is quite well known to us, we’ve always met in the last World Cups. They’re tough, not just because of their physical power, but because their disorganisation has the effect of disorganising you as a rival. And that’s when teams like ours suffer the most – in disorder.” rJavier Mascherano (Argentina defender) on Nigeria team to the World Cup   NEYMAR “There is no fight to be Brazil’s national team top scorer. I think it’s just numbers. They are my idols, those who were here before me, and when it comes to idols, I will never be better than them. So I respect each one of them, Romario, Zico, Ronaldo, Pele... Because they are my idols. It’s just numbers. I’m happy to help my team, to score goals, but I don’t want to be better than them and neither will I be. Each one has their own history and knows their importance in the team. I’m very happy for the goals.” rBrazil forward  Neymar  on the chance of becoming his country’s top goalscorer   GIROUD  “I’ve equalled Zidane and that’s something no one can take away from me. Trezeguet has three goals more and I want to catch him up and score as many as I can. On a personal level, it’s an objective, an ambition.” rFrance forward  Olivier Giroud  reveals his ambition to set a new scoring record with Les Bleus   MULLER “Individually, without a doubt (we are better). But football has developed considerably. Other countries have also come on leaps and bounds and their players have become much more technically refined. Comparing different generations doesn’t often get you anywhere. You simply have to keep up with the development of the sport, and in that sense, we’re ready. We are world champions, we have several players at the peak of their powers. We are looking forward to the tournament.” rSpeaking to DFB.de, Thomas Muller feels world champions Germany have improved since their triumph at Brazil 2014   COURTOIS “England have a team with a lot of individual talent, you’ll have to watch out for several players. But the one who scores almost 30 goals every year is Harry Kane. He is the most dangerous.” rBelgium goalkeeper Thibaut Courtois is aware of the qualities that Group G rivals England will pose at the World Cup   INIESTA “That it’s my last one makes it special and different. I try not to have the last World Cup in my head, but to face it as if I were the first - or what it is: a very nice challenge. I do not get tired from the goodbyes, I just try to enjoy every moment. I try to taste it because, after so much time, it is still exciting to live these moments.” r4QBJOQMBZNBLFSø"OESFT*OJFTUBøJTQMBOOJOH to make Russia 2018 a memorable moment in his illustrious career.

L-R: Bryan Idowu, Kenneth Omeruo and Odion Jude Ighalo spotting one of Super Eagles official attires for the World Cup in Russia

Williams, Garifullina, Ronaldo to Brighten up Russia 2018 Opening Ceremony On June 14, just a few moments before Russia and Saudi Arabia kick off the 2018 FIFA World Cup, three international stars will thrill the fans in Moscow’s Luzhniki Stadium. Global music icon Robbie Williams will entertain the stadium crowd and the millions watching around the world, with celebrated Russian soprano Aida Garifullina joining him during the musical extravaganza. The football glory that all players will be hoping to achieve on Russian soil will be represented by Brazil’s two-time FIFA World Cup champion Ronaldo. “I’m so happy and excited to be going back to Russia for such a unique performance. I’ve done a lot in my career, and opening the FIFA World Cup to 80,000 football fans in the stadium and many millions all over the world is a boyhood dream,” says Robbie Williams. “We’d like to invite football and music fans to party with us in

Russia, in the stadium, or to tune in their TVs a little earlier for an unforgettable show.” The 2018 FIFA World Cup opening ceremony will have a slightly different format compared to previous editions of the tournament. This time, the ceremony will focus on musical acts and will take place much closer to kick-off, just half an hour before the start of the match, which is scheduled for 18:00  (local time). One thing will remain the same, however: the underlying theme of celebrating not only football but also the host country, this time with a touching performance by one of Russia’s most acclaimed young voices, Aida Garifullina. “I never imagined I would be part of this huge celebration, the World Cup, happening in my own country,” says the soloist from the Vienna State Opera. “The image that I will be presenting to the whole

world will be very symbolic and associated with a dream coming to life. And, on 15 July, we will find out for whom this precious dream will come true, back on the same stage, after a month-long festival of football in Russia.” “The opening match is always a very symbolic one – it is that instant when you realise that the big moment you, as a player or fan, have been waiting for four years has finally arrived. No one knows what will happen in the four weeks of the tournament, but everyone is sure that it will be memorable,” believes ‘o Fenômeno’ Ronaldo. “Of course it is also an emotional one for the hosts. After so much hard work, suddenly the whole world is gathered in your backyard to celebrate their love for football. I felt that in Brazil four years ago and I am now happy to share this excitement with the Russians as well.”

Russia’s Channel One will produce the show, and the creative concept will once again be developed by Felix Mikhailov, who directed the main ceremonies held throughout the entire 2018 FIFA World Cup journey – from the Preliminary Draw in 2015 right up to the closing act ahead of the final on 15 July. “We are happy to introduce a new format for the FIFA World Cup opening and closing ceremonies, in terms of their duration and start time closer to kick-off,” says Mikhailov. “At the same time, the action will extend beyond the stadium, encompassing the city and the area around the Luzhniki Stadium. The co-director of the opening ceremony will be my friend Ilya Averbukh, who has added new colour to the spectacle on the pitch. And, of course, our show will be about football and love.”

SuperSport Secures Toure, Okocha, Yorke for W’Cup Broadcast on DStv, GOtv Some of football’s biggest names have been secured by SuperSport to underpin this year’s broadcast of the 2018 FIFA World Cup on DStv and GOtv. Yaya Touré, one of the most celebrated African players of the past decade, will be joined by straight-talking Austin Jay-Jay Okocha, Dwight Yorke (one half of the deadly duo which spearheaded Manchester United’s charge to a historical treble in 1999) plus former Manchester United and Everton fullback Phil Neville and Italian maestro Gianfranco Zola, one of Chelsea’s greatest players. Other African guests doing SuperSport duty include Samson Siasia, Shaun Bartlett, Gavin Hunt, Andre Arendse and Benni McCarthy. The presenters will be made up of the experienced foursome of Robert Marawa, Carol Tshabalala, Neil Andrews and Andy Townsend. The 2018 FIFA World Cup kicks

off on Thursday, June 14 with the opening ceremony  at  2 pm  and the first match between Russia and Saudi Arabia at 4 pm. DStv customers can catch the action live on SS3, SS13 and SS14, while GOtv customers on SS Select 1 and SS Select 4. With a 24-hour World Cup channel already on air, the broadcast offering has been supplemented with another 24-hour High Definition World Cup channel on DStv (SS3) that will run from June1 until July 15 that will include pre-World Cup friendlies. There will be build-ups for all matches with top analysis and insights from some of the sharpest minds in the game, plus world class graphics and technology to enhance coverage in the brand-new High Definition studio that launches in June. Post-match wraps will also feature, guaranteeing the most in-depth coverage.

Managing Director, UBA Pensions Custodian Limited, Bayo Yusuf, winner of the chess competition, Mr Adeyelure Adedeji of UBA Pensions and an official of ARM Pension, Mr. Ade Ojedokun during the 2018 edition of the Five-a-Side football tournament organised by UBA Pensions Custodian Limited in Lagos… recently


Tuesday June 12, 2018

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Price: N250

MISSILE Southern Leaders to Buhari

“We have fears that INEC may not be able to deliver free and fair election as the bug of nepotism and sectionalism that this administration is renowned for has also eaten up the leadership of the commission.” – The Chairman of Pan Niger Delta Forum (PANDEF), Air Commodore Nkanga Indongesit (rtd), urging President Muhammadu Buhari to remove INEC Chairman, Prof. Yakubu Mahmood.

TUESDAY WITH REUBENABATI abati1990@gmail.com

‘Just Do Good’: A June 12 Story

I

used to have a friend we called Alhaji Bashy. He was not a Muslim. No. But he called himself Alhaji Bashy, even if that was not his real name. You want to know his real name? It was Theophilus. And his wife was named Ruth. His children? He was yet to have one. Even Ruth was called his wife by designation. We were all young in those days, and any woman to whom you wrote regular love letters and poems, and she gave you attention was your wife. In those days, you didn’t have to give a woman a N100 million worth of car to assure her that you were in love, you did not have to go as far as Offa to rob a bank so you could earn a living. Once you grabbed a woman and you could send her titillating love poems and she believed, you gained the right to press all buttons, and shake every table in her body. The Vice Chancellor of one university in those days became very notorious. He said his students were among the brightest in the country but that he could not vouch for those students’ tendency and ability to explore the internal anatomy of the female homo sapiens! The laughter that greeted that announcement stretched from one part of the country to another. And the women didn’t complain. They were happy to have a man who loved them genuinely. You didn’t have to put a ring on their fingers. They would cook for you, wash your clothes, kneel down to greet your mother, your father, your siblings, pray for you, and even if you didn’t marry them at the end of the day, they would still not take offence. They would resolve that the will of God had been done. The moment they agreed to become your friend, they became automatically your wife and some of them even if they married other men later, would remain on pension in your life forever. Yes, in this country, women used to survive like that on such anticipatory approval that had life-long consequences. I confess that I am still paying pension but I won’t name the women. As you can see, anticipatory approval started in Nigeria a long time ago. Not just with girlfriends who became bush meat or fiancées or eventually wives, or other people’s wives. In those days, even persons who had no bicycle, and were professional trekkers boasted about their leggedes-benz. They turned their legs into a brand of the Mercedes Benz! Those who could barely afford a pair of slippers insisted they would one day ride the Mercedez. Now come on, that was a popular luxury car in those days. Only important folks could afford it. So rugged, that car was nick-named “the German mistake”. Alhaji Bashy, even when we all smoked garri with groundnuts and watched the big boys who came from town to toast campus babes with ordinary suya, had big dreams. He believed he would also one day be able to buy his girlfriend the barbecued meat called “’suya” and a Mercedes. And Ruth was happy to hear that one day she too would ride a car. She was happy with Alhaji Bashy. It was a different country we lived in. The men appreciated the women. Whatever went wrong, the women knelt down and begged their men and the men reciprocated by honouring the women. Nigeria was a community of happy people, anyone that behaved anyhow was ostrasized. I recall even being referred to on many occasions as Mallam when my only connection with Mallam things was to wait for the eid-el-kabir season to eat the generous portions of ram meat that Muslims gave

Abiola their Christian compatriots. We all ate together and enjoyed together and married across religious and ethnic divides. Our country was then just one happy place. Oh, what a happy place. Muslims and Christians played with one another and the festive season was the best time to show boundless amity. Cows didn’t pose a threat to farm produce. Every disagreement was resolved either in the bedroom or the beer parlour or at communal associations. Alhaji Bashy used to joke that Muslim girls were better than Christian girls and if we reminded him that his Ruth was Christian, he would laugh from one end of his mouth to the other, his 32 teeth in full display, and he would say: “It is good to be good, when you are good to a woman, or any person, he or she will be nice to you, Christian or Muslim. Love knows no religion. Nobody is a Mallam or pastor in the bedroom.” “Alha-ji Bay- sheeey”, we would all scream “It is nice to be nice, because nice is nice, ” he responded. Bashy was a good guy. He was incapable of hurting another fellow. No matter how serious the situation was, he reduced it all to laughter. The only thing that mattered to him was Ruth, the sugar in his tea, the puff-puff in his mouth, the woman he loved, the hope of his future. Ruth. I remember Ruth. She was that type of woman God created in a relaxed mood. You know how it is: some women look like God created them in a busy and tired moment, and hence they come out looking anyhow. But Ruth: God took his time. Any time she walked into a gathering of men, all the men had their instruments standing at attention in honour and in respect, and in anticipation. But she had eyes only for Bashy, and many used to wonder what he saw in the guy and his gross features. We all sulked and grumbled believing that God sometimes gives the best to the ugliest. Then all of a sudden, June 12 happened. June 12, 1993 was the day our country held its freest and fairest election since 1922 when the first democratic elections were held. After colonial rule and influence, a short period of civilian rule and a prolonged military rule, another democratic interregnum, Nigerians eventually became tired of military rule. The rest of the world was moving towards democracy. The Berlin wall had collapsed. Across the world, everyone wanted the people to be the owners of power and masters of their own destiny. In our country, everyone wanted to escape the trap of authoritarianism. On June 12, 1993, the military had asked the people to choose a President – one of their own. Bashy was one of those

who supported Chief MKO Abiola, the candidate of the Social Democratic Party (SDP). MKO promised Nigerians hope, progress and abundant welfare. One Baba Gana Kingibe was his running mate. The two of them were Muslims, but nobody raised any questions. Nigerians voted for their Muslim-Muslim ticket. It was a national unity ticket. The Christians didn’t mind. The people wanted change and it didn’t matter to them whatever shape the revolution took. But the military stood in the people’s way and the entire country went adrift. The military annulled the election and aborted the people’s hopes. Alhaji Bashy was one of MKO’s men. He worked for him. He followed him. He became his disciple. “MKO-o o-oooooo is our man oooo” became his national anthem.” He was one of those who believed Chief should stand up to the soldiers and claim his mandate. He reported at MKO’s home in the morning and left at night. He attended meetings he didn’t need to attend, but he did all the same because he believed in democracy. He told me once that if Chief was allowed to claim his mandate, Nigeria would become one of the best countries in the world. But the military hierarchy, after an overdose of peppersoup diet, obviously and in retrospect, refused to hand over Abiola’s mandate to him. People like Bashy insisted on a revolution. He was at Epetedo where MKO claimed his mandate in a historic statement. History was made at that moment and MKO’s followers were proud of his courage and resolve. When Alhaji Bashy returned from that event and I saw him, I knew something had gone wrong. His eyes were blood-shot. ‘MKO or nobody”, he screamed throughout the night Those were sad days. Two days later, Ruth, the centre of Bashy’s life was attacked by a group of men. They raped her. They slashed her throat. They dumped her in front of Bashy’s flat. Alhaji Bashy was detained for a month. They said he killed her. But he didn’t. I was one of the people who went to the police station to testify that Bashy was a lover-boy, not a killer and that Ruth, with her buttocks that rolled as if it was responding to unheard music was all that he lived for. Bashy was released. The revolution that he wanted did not happen, because shortly after, Chief MKO Abiola was arrested and detained by the military authorities. He never came back alive. They said he drank tea and he died. Bashy was devastated. He took to the bottle. He drowned his sorrow in alcohol. He became a shadow of himself. He owned a rickety Beetle. The Beetle, a Volkswagen star brand in those days, was known for its ruggedness. Bashy managed to buy a used one for N22, 000 – a lot of money in those days. The only problem was that his Beetle had to be pushed before it would move. Some of us who were his close friends knew this routine. Whenever Bashy wanted to leave, we would start moving away strategically to prevent being forced to jump-start his notorious Beetle. It was really a tug of war, so difficult to know who was driving the other between Bashy and his wretched car. The only problem was that once you helped to push and the car jumped alive, a huge of volume of smoke escaping from the exhaust would suddenly emit onto your face. Pure carbon monoxide: Bashy would speed off, but you would be there struggling for oxygen and cursing that you’d never do it again. The more alcoholic Bashy became, the more unpredictable he also became. He was a shadow of his former self. It was as if the light that kept his life aglow had

been switched off. One day, on his way to his abode in Ajangbadi; armed robbers accosted him. Our country was extraordinarily lawless and ruthless and unsafe. Hadji Bashy told me the story himself, a day after. They stopped his car and asked him to come down. Come down! Come down! They pointed guns at him, each of his three assailants holding a gun. Bashy was dead drunk. He was dead to the world. “Eyin boys, bawo ni. What is happening?” “Are you crazy? You think we are joking with you?” “Shut up” he said he told them. “I know you. You people are thieves. Armed robbers. Idiots”. “Since you know, oya give us everything you have”, one of them replied. “What do I have? I am coming from a June 12 event. You people should join us to make Nigeria better. Join hands with us to create Hope for this country.” “Ha. Pastor ma leleyi oh, Ti Nigeria ba good, you think we will be here on this road robbing people. Gbagbe e o omo. Gbori n be. Irin tutu re oh,” one of the boys reportedly said. “Irin…Irin ise. Iyalaya anybagga” The boys behaved as if they were drugged. Bashy himself was drunk. They kept their guns pointed at him. “Ewo eyin boys, I have just 2, 000. We will share it. You people will take N1, 000 and I will keep 1, 000 because I will have to buy fuel into this jalopy tomorrow morning . If you don’t agree, let me know now.” He said the robbers burst out laughing. Bashy went about with a carton of beer since Ruth died. He drank as he drove. He went to the back seat of the car. He had four bottles left. He took two bottles and gave to the robbers. He asked them to take two and he would keep two bottles for himself. He then turned on the car radio, inserted a cassette and asked the robbers to let them have fun. He started dancing, after opening two bottles of beer. Two of the robbers couldn’t believe what they had just seen. They laughed. One of them said: “There is something in this Lagos oh. What will somebody not see on this job? This one doesn’t even know he is being robbed. He is too drunk to be aware.” “June 12, my brothers. June 12. Let us show these bloody soldiers that on June 12 we stand,” Bashy told them. The robbers collected two bottles of beer and the N1, 000 and drove off. I saw Bashy the following morning. I found him with a bottle of coke in his mouth. He was listening to the music of Reggae artist, Ras Kimono, a rhumba styleee…stai-leeee. He looked so dejected. I was alarmed. He told me his story. “Bashy, what happened?” “Nothing” “No something happened. You are drinking coca cola in the morning. What happened to schnapps?” “I will never taste alcohol again” “How? Why?’ “Can you believe that I encountered armed robbers yesterday and they didn’t shoot me? I told them off. I abused them, I told them I am a June 12 man and they still allowed me to go. I will never drink again.” Bashy kept to his promise. He has not been invited to the special national honours ceremony for Bashorun MKO Abiola. He died two years ago. He is survived by a daughter. Ruth’s daughter…

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Tuesday 12th June 2018  
Tuesday 12th June 2018  
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