Tuesday 24th July 2018 by THISDAY Newspapers Ltd

Media Stakeholders Tell Senate to Put NPC Bill on Hold Deji Elumoye in Abuja The Nigeria Press Organisation (NPO), Broadcasting Organisation of Nigeria (BON) and other stakeholders in the media industry yesterday formally presented a position paper, asking the Senate to

drop forthwith the Nigerian Press Council Bill 2018. The media stakeholders in a three-page position paper presented by the President of the Newspaper Proprietors’ Association of Nigeria (NPAN), Mr. Nduka Obaigbena, at a public hearing on the Nigerian

Press Council Act 1992 (Repeal and Enactment Bill 2018), said the bill should be put on hold “until the determination of a similar case in the Supreme Court.” Those who signed the position paper rejecting the bill, apart from Obaigbena,

include Chairman of BON, Mr. John Momoh; President, Nigeria Union of Journalists (NUJ), Mr. Waheed Odusile; President, Nigerian Guild of Editors (NGE), Mrs. Funke Egbemode; Executive Director, Institute for Media and Society, Dr. Akin Akingbulu; Director,

Media Law Centre, Mr. Richard Akinnola, and Director, International Press Centre, Mr. Lanre Arogundade. According to the stakeholders, the Senate rather than repealing the NPC Act should borrow from best practices in other climes, which expressly provided for

and guaranteed press freedom without any form of government interference. They further urged the National Assembly to provide enabling environment for the media to thrive in the exercise of its Continued on page 8

Increase in FPI Outflow Weighs Down External Reserves… Page 8 Tuesday 24 July, 2018 Vol 23. No 8496. Price: N250

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PDP Sets Up Committee to Discuss Name Change with rAPC Iyobosa Uwugiaren, Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) has set up a committee to meet with the reformed All Progressives Congress (rAPC) and harmonise the positions of

both parties on their bid to work together in 2019. The committee, which party sources said would be announced during the week, is also to discuss the possibility of changing the name of the PDP as requested by some of the

other political parties and politicians proposing to join the party. The party’s decision was taken at its 80th National Executive Committee (NEC) meeting yesterday following assurances that many big wigs in the rAPC

would defect to the PDP by Thursday. Those expected to leave the All Progressives Congress (APC) nest, include Senate President Bukola Saraki, Senator Rabiu Kwankwaso and Governors Aminu

Tambuwal (Sokoto), Samuel Ortom (Benue) and Abdulfatah Ahmed (Kwara). According to reliable THISDAY sources, they are expected to move with their loyalists in the National Assembly and State Houses of Assembly.

The PDP’s NEC also approved the expulsion of the senator representing Ogun East in the National Assembly, Senator Buruji Kashamu, for "hobnobbing" with the APC. Continued on page 40

Police Invitation, an Attempt to Stop Party Switch, Says Saraki Why we are inviting Senate president, explains IG Iyobosa Uwugiaren and Senator Iroegbu in Abuja In what is seen as the last desperate move to intimidate and stop him from leaving the ruling All Progressives Congress (APC), the Inspector-General of Police (IG), Mr. Ibrahim Idris, has summoned Senate President Bukola Saraki to appear at the office of Intelligence Response Team (IRT) office in Abuja today over the robbery incident that took place in Offa, Kwara State, in April this year. But Saraki in a statement last night by his media adviser, Alhaji Yusuph Olaniyonu, dismissed the police invitation

as a political game, intended to intimidate and force him to remain in a party that revels in criminalising its members. The invitation letter dated July 23, 2018, which was signed by the IG and addressed to the Senate president, asked Saraki to be at IRT’s office at 8a.m. on Tuesday “for further investigation” and “more clarification’’ on the letter he wrote with reference: CR:3000/ IGP.SEC/ABJ/VOL./130/ 571 dated 4th June 2018 and his letter of response NASS/8th/S/ SP/IGP/15/6/18 dated June 7, 2018 on the matter. Continued on page 8

Fearing Monopoly, FG Urges Core Investors to Divest Equity in Discos… Page 40

AFRICA’S MOST INNOVATIVE BANK… L-R: GMD/CEO, Keystone Bank Ltd., Mr. Obeahon Ohiwerei; Divisional Head, Marketing and Corporate Communications, Mrs. Omobolanle Osotule; and Deputy Managing Director, Mr. Abubakar Sule, at the European Global Banking and Finance Awards 2018, where Keystone Bank was conferred with the Most Innovative Bank of the Year in Africa and the Best CEO (2018) Awards in London… Friday

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Increase in FPI Outflow Weighs Down External Reserves Again, inflation drops to 11.23% Obinna Chima in Lagos and Ndubuisi Francis in Abuja The increasing outflow by foreign portfolio investors (FPIs) is taking its toll on Nigeria’s external reserves, which has fallen to $47.388 billion as of last Friday. The current position of the reserves represents a decline by $411 million since this month, compared with the $47.8 billion it was at the beginning of the month. Aside the external reserves, the rise in the level of outflows has also continued to impact negatively on the country’s stock market. According to the Nigerian Stock Exchange (NSE), outflows from the market spiked by 125 per cent in May. The NSE had also revealed a 3.45 per cent decrease in foreign inflows to N62.06 billion (US$172.3 million) in May. But analysts at CSL Stockbrokers Limited noted that, “Rising foreign outflows are not coming as a surprise to us. “Indeed, the recent rise in global bond yields particularly in the US continues to fuel sell offs in emerging and frontier markets. We note that the US Federal Reserves has hiked rates twice in 2018. “The Federal Reserves has also guided the markets to two more interest rate hikes in 2018.” With this in mind, they stressed that FPIs into the Nigerian market will remain muted as investors seek higher risk-adjusted yields elsewhere. “In as much as Nigeria’s economic fundamentals continue to strengthen, (underscored by the prospect of higher GDP growth, easing of inflationary pressures, improved liquidity in the forex market, all of which are expected to support company earnings), we believe global uncertainties combined with a less attractive carry trade on a risk-adjusted basis will continue to undermine capital flows to Nigeria. “On the domestic front, election uncertainties in the run up to the

2019 elections also mean investors will stay on the sidelines, and this will weigh on activities,” CSL Stockbrokers Limited added. Meanwhile, Pan African credit rating agency, Agusto & Co. has attributed the decline in banking sector lending to the stringent regulation in the system. Agusto & Co. stated this in its latest Banking Sector Report made available to THISDAY. According to the firm, regulation continues to squeeze funds available to the banks for lending, thereby, increasing cost of funds. Apart from regulatory liquidity requirements which demands banks to reserve a minimum of 30 per cent of assets in liquid or ‘near cash’ assets, the cash reserve requirement (CRR) is also a major drag on profitability, Agusto & Co stated. The Central Bank of Nigeria’s (CBN) official CRR currently stands at 22.5 per cent (or 27.5% for banks that are unwilling to lend to sectors prioritised by the CBN). “However, the effective CRR for some banks is as high as 31 per cent given CBN’s tight monetary policy stance. This implies that the industry has only about 47.5 per cent of its deposits available for lending. “Banks preferably lend these funds to top tier large corporates (with a concession on rates) to avoid further deterioration in asset quality,” the report added. In addition, the report noted apart from banking sector asset quality issues which have negatively impacted the financial institutions’ interest income, there has been a shift in lending preference to top tier corporates in a bid to reduce risk in the industry’s loan book. “These corporates, which are perceived to be less risky are typically interest rate sensitive and are often granted concessions in form of interest rates reduction. “Income from investment securities (which are largely in risk free government debt securities) is also on a downward trend due to fiscal

strategies aimed at refinancing local currency debt with foreign currency debt raised from the international market,” it added. The report showed that banking industry’s earnings grow at an annual rate of 13 per cent in three years, despite downturn in the economy. It, however, noted that over the last three years, the industry’s core lending business has been adversely affected by persistent weaknesses in the macroeconomic environment which resulted in major asset deterioration for even Tier I banks. “In addition, the Industry’s margins are thinning out; thus, putting pressure on profitability. Historically, at monetary policy tightening episodes, interest rates paid on deposits tend to rise slower than interest rates charged on loans, allowing banks increase their net interest spread. “While this trend has forestalled a significant decline in the Industry’s NIS over the years, we have seen a different pattern in the last few years. Despite the gradual rise in MPR since 2012, the industry’s NIS has maintained a downward trend.

Again, Inﬂation Drops to 11.23% For the 17th consecutive month, inflation rate has continued a downward trajectory, declining from 11.61 per cent in May, to 11.23 per cent (year-on-year) in June 2018. The latest figures released by the National Bureau of Statistics (NBS) indicated that the Consumer Price Index (CPI) which measures inflation stood at 11.23 per cent, a 0.37 percentage point drop over the 11.61 per cent posted in May. The decline represents the seventeenth consecutive disinflation since January 2017. An analysis of the new figures showed that increases were recorded in all Classification of Individual Consumption by Purpose (COICOP) divisions that yield the headline index. On a month-on-month basis,

the headline index increased by 1.24 per cent in June 2018, up by 0.15 percentage points from the rate recorded in May 2018. The percentage change in the average composite CPI for the 12 months period ending June 2018 over the average of the CPI for the previous 12 months period was 14.37 per cent, 0.42 percentage point drop over the 14.79 per cent recorded in May 2018. The urban inflation rate eased by 11.68 per cent (year-on-year) in June 2018 from 12.08 per cent recorded in May 2018, while the rural inflation rate also eased 10.83 per cent in June 2018 from 11.20 per cent in May 2018. On month-on-month basis, the urban index rose by 1.24 per cent in June 2018, up by 0.14 per cent from the 1.10 per cent recorded in May 2018, while the rural index also rose by 1.23 per cent in June 2018, up by 0.15 per cent from the rate recorded in May 2018 (1.08) per cent. The corresponding twelvemonth year-on-year average percentage change for the urban index was 14.71 per cent in June 2018. This was less than the 15.10 per cent reported in May 2018, while the corresponding rural inflation rate in June 2018 was 14.08 per cent compared to 14.53 per cent recorded in May 2018. The composite food index rose by 12.98 per cent in June 2018 (13.45 per cent) in May 2018). This rise in the food index was caused by increases in the prices of potatoes, yam and other tubers, bread and cereals, fish, oils and fats, milk, cheese and Eggs, Vegetables, fruits and meat. On a month-on-month basis, the food sub-index increased by 1.57 per cent in June 2018, up by 0.24 percentage points, from 1.33 per cent recorded in May 2018. The average annual rate of change of the food sub-index for the twelve-month period ending June 2018 was 17.75 per cent, down 0.61 percentage points from the average annual rate of change recorded in May 2018

(18.36) per cent. In June 2018, all-items inflation on a year-on-year basis was highest in Rivers (13.82 per cent), Kebbi (13.61 per cent) and Adamawa (13.41 per cent), while Kwara (8.16 per cent), Benue (9.28 per cent) and Plateau(9.49 per cent) recorded the slowest rise in headline year-on-year inflation. On month-on-month basis however, June 2018 all-items inflation was highest in Kogi (2.99 per cent), Oyo (2.50 per cent), and Gombe (2.01 per cent), while Plateau (0.19 per cent), Kaduna (0.22 per cent) and Edo (0.41per cent) recorded slowest rise on a month-on-month all-item basis in June 2018. In June 2018, food inflation on a year-on-year basis was highest in Bayelsa (15.90 per cent), Rivers (15.54 per cent) and Abuja (15.44 per cent), while Benue (8.92 per cent), Plateau (10.42 per cent) and Borno (10.21 per cent) recorded the slowest rise in food inflation. On a month-on-month basis however, June 2018 food inflation was highest in Kogi (5.05 per cent), Oyo (3.54 per cent) and Gombe (2.75 per cent), while Edo (0.01 per cent) recorded the slowest rise,. Kwara and Kaduna, all recorded food price deflation or negative inflation (general decrease in the general price level of goods and services or a negative inflation rate) in June 2018. Commenting on the decelerating inflation figures, analysts at Lagos-based CSL Stockbrokers Limited, stated that the increase in month-on-month inflation underscored their view that food price pressure still persists owing to the ongoing planting season, continued herdsmen attacks in some northern parts of the country. “More importantly, we believe this signals that we are gradually approaching an inflection point in which case, we might see a reversal in the southward movement in headline inflation. “With this in mind, we do not think the pace of disinflation has

been satisfactory from the CBN’s perspective. The CBN has over time, implied that it would like to see inflation falling below its upper target band of nine per cent before considering rate cuts,” the firm explained in a report yesterday. On his part, the chief executive of the Financial Derivatives Company Limited, Mr. Bismarck Rewane, held the opinion that inflationary pressure would resume by August. Speaking on a programme on Channels TV yesterday, the financial market analyst predicted that inflation would end higher next year. He said, “The consumers have to prepare themselves, we are going into a planting season, we are going into minimum wage negotiation, we are going into budgetary spending, we have to prepare ourselves for an increase in inflation after 17 months of consecutive decline, inflation is set to start increasing from next month. There is no question about that, that is the likely outcome. “Month-on-month inflation is more current than year-on-year inflation. The price inflation you got today of 11.23 is actually comparing the prices of that basket of last year June to this year June. “When you compare the price of that basket between May and June, you see that the actual rate of inflation has increased. “When you annualise that, it comes to 15.94 per cent which is significantly higher than 11.23 per cent so that is the cause for worry that the inflation expectations and current inflation are pointing towards an increase. “MPC will be concerned that if they do anything about interest rates now, they might actually just trigger inflation, the IMF warned sternly that any push or attempt to lower interest rates could trigger inflationary pressures and you don’t want that to happen eight months to an election,” Rewane added.

at Guzape Junction, Asokoro Extension, Abuja on July 24, 2018 at 8a.m. for further investigation on the matter." The Police Intelligence Response Team (IRT) is said to be investigating a case of armed robbery, which occurred on April 5, 2018 during which a gang

of dare-devil-armed robbers stormed Offa, Kwara State and attacked a police station, robbed six banks, namely First Bank, Guaranty Trust Bank, Ecobank, Zenith Bank, Union Bank and Ibolo Micro Finance Bank.

Adokwe (Nasarawa South), expressed the commitment of the 8th Senate towards the advancement of democratic process "through the instrumentality of law making that will bring about meaningful legislations that will impact positively on the lives of every Nigerian." He attributed the decision of his committee to organise the public hearing to the need to seek stakeholders' views on the merits of the proposed legislation for possible enactment into law by the National Assembly. Adokwe promised that his committee would present the outcome of the public hearing to the plenary, saying, "We will be objective to say it as it is, whether the stakeholders want

the bill or not.”

P O L I C E I N V I TAT I O N , A N AT T E M P T TO STO P PA RT Y S W I TC H , S AYS S A R A K I In response to the allegations against him, the Senate president had denied any link to the robbery incident, saying that by virtue of his participation in politics, he had a large followership, which makes it impossible for him to know all of them.

He also denied any association with the vehicle allegedly used by the robbers, mentioned in the police letter, and giving any arms to any thug or other persons in Kwara State or anywhere else. But in his letter to Saraki, the IG stated that "after a careful perusal’’ of his letter to the

police, it was discovered that the statement required further clarification and coupled with the fact that he stated that the full text of the statements of the suspects were not shown to him. ‘’It is imperative you report to the Police to make further

statements after giving you the full text of the statements of the suspects," the police told Saraki in its latest letter to him,” adding, "It is in line with the above that you are requested to report to the Head of the Investigation Team at the Intelligence Response Team

Continued on page 40

M E D I A STA K E H O L D E R S T E L L S E N AT E TO P U T N P C B I L L O N H O L D constitutional obligations as spelt out in Section 22 of the 1999 Constitution (as amended) "by passing laws that will promote transparency, accountability and open government such as mandatory delivery of the State of the Nation address by the President, and State of the State address by the governor on specified days of the years." Describing the bill as unconstitutional, draconian and anti-press freedom, the stakeholders emphasised that the bill seeks to criminalise journalism practice despite the fact that laws of the country already have enough provisions and avenues for seeking legal redress. They added that provisions of the Bill also violates Article 9 of

the African Charter on Human and Peoples Rights (Ratification and Enforcement Act) No 2 of 1983 to which Nigeria is a signatory and now part of the country's laws. According to them, "The bill through some of its other obnoxious provisions seeks to indoctrinate Nigerians through the use and misuse of curricula in training of journalists and usurp the powers of the regulatory bodies in the educational sector affecting media training especially the National Universities Commission and National Board for Technical Education. "The Bill seeks to create the impression that the Nigerian media community does not take the issues of ethics and self regulation seriously whereas

the mechanisms actually exist including the Code of Conduct for Journalists in Nigeria, the Ethics Committees of the NUJ and NGE and the recently launched Nigerian Media Code of Election Coverage endorsed by stakeholders." Media stakeholders present at the public hearing apart from the signatories include Publisher of Vanguard Newspapers, Mr. Sam Amuka, and veteran journalist, Alhaji Isa Funtua. Earlier in his opening remarks, Senate President, Dr. Bukola Saraki, said the bill was being introduced with a view to casting off the vestiges of military era approach to the media. Saraki, who was represented by Chairman of Senate Committee on Media and Publicity, Senator Shabi

Abdullahi (Niger North), added that the bill seeks “to expunge perceived draconian provisions of the extant law, to fit current sensibilities and insert new clauses, and to situate the practice of journalism in a modern context in line with global standards." According to him, the NPC is in a better position to safeguard the nation's democracy from both extremes of the media spectrum. "The bill is an attempt to correct existing deficiencies, revolutionise the NPC and promote high ethical and professional standards for Nigerian journalists," he explained. On his part, the Chairman of the Senate Committee on Information and National Orientation, Senator Suleiman

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Statement by the Nigerian Press Organisation (NPO), Broadcasting Organisation of Nigeria (BON) and other Media Stakeholders on â€œThe Nigerian Press Council Bill 2018â€? Preamble A meeting of the Nigerian Press Organisation (NPO) comprising the Newspaper Proprietorsâ€™ Association of Nigeria (NPAN), the Nigeria Guild of Editors and the Nigerian Union of Journalists (NUJ) as well as other media stakeholders was held on Thursday July 19, 2018 to deliberate on â€œThe Nigerian Press Council Bill 2018â€? The meeting painstakingly studied the provisions of the proposed bill in the context of its implication for free speech, press freedom, media independence, safety of journalists and the right to operate as a business in accordance with the laws of the Federal Republic of Nigeria. The meeting also took notice of the fact that a law suit instituted by the Nigerian Press Organisation (NPO) on the same subject matters of the bill is pending at the Supreme Court. Consequent upon the above the meeting observed and resolved as follows:

Charter on Human and Peoplesâ€™ 5LJKWV 5DWLÂżFDWLRQ DQG (QIRUFHPHQW $FW 1R RI WR ZKLFK 1LJHULD LV D signatory and which is now part of the countryâ€™s laws. 8.

That the bill through some of its other obnoxious provisions VHHNV WR LQGRFWULQDWH 1LJHULDQV 7+528*+ 7+( 86( $1' MISUSE of curricula in training of journalists and usurp the powers of the regulatory bodies in the educational sector affecting media training especially the National Universities Commission and the National Board for Technical Education.

That the bill seeks to create the impression that the Nigerian media community does not take the issues of ethics and self regulation seriously whereas it is a well known fact that the mechanisms actually exist including the Code of Conduct of Journalists in Nigeria, the Ethics Committees of the NUJ and NGE and the recently launched Nigerian Media Code of Election Coverage endorsed by media stakeholders.

Observations and objections: 1.

The proposed bill is unconstitutional as it runs against the principles and tenets of the rule of law and is actually subjudice given that a case on the subject matter is still pending in the highest court of the land â€“ the Supreme Court - in view of which the bill should not have been drafted in WKH ÂżUVW LQVWDQFH That the bill is, for all intents and purposes, draconian and anti-press freedom being an amalgamation of the obnoxious 3XEOLF 2IÂżFHUV 3URWHFWLRQ $JDLQVW )DOVH DFFXVDWLRQ 'HFUHH 1R RI DQG WKH 1HZVSDSHUV 5HJLVWUDWLRQ 'HFUHH 43 of 1993, both vestiges of the dark days of military rule and therefore incurably and irreparably bad, being also inconsistent with values of our democratic society.

That the bill seeks to criminalize journalism practise despite the fact the laws of the country already have enough provisions and avenues for seeking legal redress.

That the bill smacks of an attempt at undue interference in the operations of the media in Nigeria as businesses registered under the relevant laws of the federation.

Our demands: 1. That the bill should be dropped forthwith until the determination of a similar case in the Supreme Court of Nigeria. 2. That the Nigerian Senate should borrow from best practices in other jurisdictions that has expressly provided for and guaranteed press freedom without any form of government interference. 7KDW WKH 6HQDWH DQG LQGHHG 7KH 1DWLRQDO $VVHPEO\ VKRXOG enable the media in the exercise of its constitutional obligations as spelt out in section 22 by passing laws that will promote transparency, accountability and open government such as mandatory delivery of the State of the Nation address by the 3UHVLGHQW DQG 6WDWH RI 7KH 6WDWH $GGUHVV E\ *RYHUQRUV RQ VSHFLÂżHG GD\V RI WKH \HDU HQVXULQJ E\ ODZ 3UHVLGHQWLDO DQG *RYHUQRUVKLS (OHFWLRQ 'HEDWHV EHIRUH HOHFWLRQV FRPSOHWH transparency in election funding including public declaration RI VRXUFHV RI HOHFWLRQ ÂżQDQFH E\ DOO FDQGLGDWHV DQG SROLWLFDO parties and ensuring the integrity of our electoral process, etc. Our commitment:

That the bill seeks for a The Nigeria Press Council to usurp the powers of the courts by assuming extra-judicial powers.

That the bill seeks to incapacitate the media in the exercise of the duties and obligations imposed on it by section 22 of the constitution to monitor governance and hold government accountable to the people. The section states as follows: â€œThe press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the peopleâ€?.

Meanwhile as responsible members of Nigerian society, we hereby state without equivocation that the media will continue doing all it can to further promote media ethics, professionalism, transparency, accountability and selfregulation, to ensure that the public interest is served at all times. SIGNED: NDUKA OBAIGBENA , President, Newspaper Proprietorsâ€™ Association of Nigeria/President Nigerian Press Organisation FUNKE EGBEMODE, President, Nigeria Guild of Editors

That the bill violates the provisions of section 39 of the 1999 constitution (as amended) sections 1 and 2 of which state as follows: â€œ(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. (2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinionsâ€?

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WAHEED ODUSILE, Journalists

President,

Nigerian

Union

JOHN MOMOH, Chairman, Broadcasting Organisation of Nigeria For Media Stakeholders: LANRE AROGUNDADE, Director, International Press Centre AKIN AKINGBULU PhD, Executive Director, Institute For Media and Society RICHARD AKINNOLA, Director, Media Law Centre

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COMMENT

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

PROMOTING GIRLS EDUCATION Inwalomhe Donald argues the need to exempt some items from taxation

mong the list of goods that are prohibited from being imported to the country or are otherwise restricted in 2017 are sanitary wares of plastics and domestic articles and wares of plastics (excluding baby feeding bottles) and flushing cistern and waterless toilets. A way the government can help improve menstrual hygiene is by removing sales tax on feminine hygiene products and regularly distributing free menstrual pads in schools. There is need for Nigerian government to scrap the tax on the sanitary napkins. The move will help more girls to go to school during their periods and also boost their job prospects. It will help schools and government to regularly include menstrual hygiene education in any health programme organised in communities or the larger society as a whole. It will promote girl-child education in Nigeria. It will boost girl-child education in the rural areas. It will help Nigeria to realise its greatness globally; she must make strong impact by boosting girl-child education in our rural areas. When we harness the potential of our girl – child, we will reduce poverty, provide jobs and create wealth as well as create opportunities for future entrepreneurs. Scrapping of sanity pads tax will help the girl-child in proper menstrual education and hygiene that are essential to boost the confidence of female child in contributing positively to the society. The scrapping of sanitary pads will help in tackling one of the barriers of girls’ education. We all know that girls in many schools are forced to stay back home during their periods as there are lack of toilets and sanitary facilities which create a big problem to them during these painful days every month. However, due to lack of money and high prices of sanitary pads, many girls avoid using sanitary napkins. This is more especially in rural areas where lack of awareness and the cost of pads force many girls and women to use unsanitary cloth or rags, increasing the risk of infections and disease. According to a recent report by WaterAid and UNICEF, more than a third of girls in Africa miss school during their periods as they lack access to toilets or pads, and many receive no education about menstruation before reaching puberty. In Nigeria, sanitary pads are taxed at 12 per cent under Goods and Services Tax (GST) that was launched in 2017. Scrapping tax on sanitary pads will help more girls to go to school during their periods and boost their job prospects. Simply having access to sanitary pads, the school attendance

WHEN WE HARNESS THE POTENTIAL OF OUR GIRL – CHILD, WE WILL REDUCE POVERTY, PROVIDE JOBS AND CREATE WEALTH AS WELL AS CREATE OPPORTUNITIES FOR FUTURE ENTREPRENEURS

of many adolescent girls in some rural primary schools in Nigeria is improving. Government must therefore assist in producing sustainable sanitary pads which should be distributed to vulnerable girls. The pads, coupled with menstrual hygiene management, are helping to keep adolescent girls in school. The sustainable sanitary pads are made of cotton layers with a water proof layer at the bottom in order to guarantee reasonable absorbing capacity. A package contains four pads and a panty with small hooks to keep the pads in place. These are packaged in an attractive small bag. And the washing is straight forward: rinse in cold water, wash with soap in lukewarm water, rinse again and hang to dry. There is one other reason for the introduction of sustainable sanitary pads which is environmental: Non-sustainable sanitary pads represent a waste problem, they cannot be recycled and they are poisonous towards the environment because of the plastic component. In northern Nigeria majority of adolescent girls do not go to school when menstruating due to reasons ranging from culture to lack of sanitary facilities and menstrual hygiene management. This eventually leads to a sharp increase in dropout rates among girls after four, four and six years of primary education. There are many reasons for the increased cases of adolescent girls’ absenteeism and dropping out of school but one is that girls tend to stay at home when menstruating, missing four or five days out of every school month. According to a 2012 WaterAid report entitled “School menstrual hygiene management in Africa: More than toilets”, lack of separate and adequate sanitation and washing facilities in schools also discouraged girls from attending school, particularly during menstruation, affecting their school performance and increasing their risk of dropping out. Menstrual hygiene issues were accountable for 12 to 36 days of absence annually per girl. When their clothes leaked at school, most girls left class to change, and then returned to lessons. However, 11 percent went home and stayed home and seven per cent said they didn’t come to school at all on heavy days, according to Save the Children. To promote girls’ education after puberty, it takes more than exercise books and toilets. They also need materials like sustainable sanitary pads and critical information on how to cope with menstruation. Donald wrote from Benin City

BETTER OFF WITH ANOTHER PARTY It is time to hand over the reins of government in Akwa Ibom to someone else, argues Kufre Aniekan

he clouds are gathering over Akwa Ibom State as the 2019 governorship election approaches. Men and women of different political hues and persuasions are jostling and glaciating in their numbers, making permutations, promises and tickling the values and expectations of the people. Behind the veil of the race and clamour lie a vast oasis of dreams and corpus of infrastructural deficit to plug in. And the question that resonates is who will do the work best? Who will lift the burden of the people and gravitate the state from a stymied strain which it has been consigned to for the better part of its over three decades of existence? The Peoples Democratic Party (PDP) has held power in the state exclusively since the advent of this present dispensation in 1999. It has done the much it can. At the moment, there is a growing frenzy for a new vision, fresh impetus and a new kind of men. Vested with oil richness and aquatic splendour, the state cries for a hands-on approach to issues and problems that bedevil it. This is where the staid and grisly uninspiring leadership of the current government of Emmanuel Udom takes a swipe. For a state that is in a hurry to develop, a fresh release of visionary leadership cannot be more apposite than now. On the dais for attention are deficits in housing challenges, the challenge of deepening education standards and

infrastructure, roads, transportation, water supply, improvement in industries and production processes leading to greater output of goods and services as well as the welfare of the citizens, inadequate attention to ongoing projects , overall prudent management of resources and policies, among others. The objective of any pragmatic government is the ultimate goal of breaking the vicious cycle of poverty and underdevelopment. In spite of its lofty natural and human resources endowment, the state is still lagging behind when compared with some of its contemporaries in the league of states. With the burst in oil revenues and other natural resources, Akwa Ibom has turned the bend and reached the turning point in the quest for economic growth and industrial development. This is located squarely in the docility and drift of the current government in power. A recurring gradient is the compelling desire to draft in a strong manager of men and resources; a consensus builder, a muscle man imbued with vision, a craftsman with fresh ideas and new ways of doing things; a dreamer and a pragmatist rolled into one. The 2019 governorship election provides ample opportunity to harness and entrap this potential for the greater good of the state. This is the time to look ahead and sidestep the incongruities of the past and bring back hope to the people. This is the time to overlook the odd persuasions of

party platform and streamline focus on the future. It is about time to consign the past to the dust bin of history where it truly belongs and leapfrog from a traditional party mindset to embrace the warm world and spice of new strength. This is our time. The time of which our forebears had projected will come to lift the veil and launch the state to a new era of prosperity, unity and progress. From the creeks of Oro nation to the wetlands of Annangs, down to the vast lands of Ibibio people, a clarion call beckons, the siren blares for this desire. Akwa Ibomites who are thirsty for a new direction are at their wits end. Whispers and small grumblings are daily blossoming into wild lamentations. A chance to run again for the incumbent by his party is as good as sealed. A man who will grind down the crusts and make it look beautiful can only be located on another party platform. That man can be found in the All Progressives Congress (APC), the leading opposition party with cross appeal. That man will work with valve and onions. He will hurt or be hurt. He will transform the landscape and halt the prevailing negative trend of events in the state. A tested administrator who understands the dynamics of governance, especially the unique architecture of a fast developing state, such as Akwa Ibom, with its complexities, will be a blessing to indigenes of the state who yearn for credible and people-oriented governance.

At the moment, one thing working for the incumbent governor , Emmanuel Udom is the armada of endorsements he has been collecting from political groups and blocs whose objectives are usually self- serving and often unpopular. In line with the dictates of his party, Akwa Ibom North east(Uyo) and North west (Ikot Ekpene) have been corralled to join in what looks like tacit support for him to complete the eight years tenure for Akwa Ibom South. Observers’ of the politics of the state see this development as sheer blackmail on the people of the state. It is not cast in stone to merit a second term in office, neither is it enshrined in the constitution of the country or any enabling laws of the state. The only empowerment for a second term in office is the record of service, and regrettably, the governor cannot be said in all fairness to have excelled on this score. Another sore point is in the area of popularity. How has he been able to interface with the down trodden masses of the people? Governance is not and should not be in favour of the elite alone. It should draw support and concerns of ordinary people. It should identify with folks at the bottom of the ladder. It should aim at and appeal to the people. They have the right to have control over their government rather than a small group of political insiders or a wealthy elite with bankrupt and archaic ideas. Emedi, Akwaibom. Aniekan wrote from Uyo

T H I S D AY TUESDAY, JULY 24, 2018

EDITORIAL A CONTROVERSIAL NATIONAL CARRIER…(2) Nigeria Air? We do not need it

here are just too many questions surrounding the idea of ‘Nigeria Air’ being promoted by the Minister of State for Aviation, Senator Hadi Sirika that make many Nigerians to question the honesty of the current administration. First, there was an agreement with the Infrastructure Concession Regulatory Commission (ICRC) that the federal government would have zero investment in the proposed national airlines. In querying the rationale behind the decision, former Asset Management Corporation of Nigeria (AMCON) Chief Executive Officer, Mr. Mustafa Chike, wrote on his Twitter page: “I am baffled. Air France/KLM paid $286 million for 31 per cent of Virgin Atlantic last year but we are paying up $300 million for a start-up airline.” What is more disturbing is that the experience of Nigeria shows that most of the ‘investors’ we have had in critical sectors usually end up coming here to raise loans from our local banks to fund both their investment GIVEN THE OPERATING and operations. In a risky sector like ENVIRONMENT, A aviation, we doubt if NATIONAL CARRIER IS any rational foreign A MISPLACED PRIORITY investor would bring THAT WOULD LEAD TO any money for ‘Air ANOTHER WASTE OF Nigeria’ and that is why we believe the ENORMOUS SCARCE National Assembly RESOURCES should wade in before we throw away $300 million. Even at the risk of sounding repetitive, we agree that given the size of our nation, the huge population and the mobility of our people, there are sufficient grounds to argue for a national carrier. At present the country loses so much money to foreign airliners because there is no national carrier with adequate network of routes or the capacity to operate extensively many of the highly lucrative routes. The few private airlines that attempt to do that do not have

Letters to the Editor

the wherewithal and capacity to finance extensive foreign operations. Yet no matter how patriotic we may feel about the issue, going back to the era of our inglorious past remains nothing but a misplaced nostalgia. At its peak, the then national carrier, Nigeria Airways had over 30 aircraft in its fleet. But by the time it was eventually liquidated in 2003 by the administration of President Olusegun Obasanjo, it had become a huge liability, an object of national shame and international ridicule. Some of the aircraft were seized abroad at will because of indebtedness. Salaries were hardly paid. At one of the most ludicrous moments in 2002, after more than a 24 -hour delay on a Lagos-bound flight from New York, a passenger had to lend the airline $5000 to buy fuel!

I 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

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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.

ARE WE STILL IN RECESSION?

hen economic syrups do not improve the health of a diseased economy, the medicine can be best described as fake, substandard, and voodoo-ish. Nigeria ‘exited’ recession in September 2017. At the time, the government made exorbitant promises, and bragged that it “rescued” the economy from the buccaneer manifestations of the Jonathan administration. I remember, Lai Mohammed, Minister of Information, made this a refrain at every official event. But months after the ‘exit’, the economy has not improved. And there are no pointers to marginal economic recovery. I will not buy that economic bullshit that ‘there are significant improvements, but that they will become visible in another one or two years’, because the government has sustained this lie for three years. How has the economy improved? A dollar is still N360; a depressing hike from the N167 under President Jonathan. Unemployment figure is at its highest. In its last published data on unemployment figure, the National Bureau Statistics (NBS) revealed that about 40 million Nigerians were unemployed. In June, the World Poverty Clock ranked Nigeria as the country with the highest

ndeed, Nigeria Airways was synonymous with large scale inefficiency, mismanagement and corruption. Yet there is nothing to suggest that appreciable lesson has been learnt as evident in the debacle that followed the federal government arrangement with Virgin Airlines to run Virgin Nigeria as Public-Private Partnership (PPP), a similar model that the aviation minister is now proposing. Sir Richard Branson, chairman of the group, complained of political intrigues, corruption, lack of adherence to agreements, and a regulatory body that didn’t know what to do “and persistently asking for bribes at any point.” The airline was making huge losses in capital and ultimately, the Virgin group was forced to divest its interest. What assurance is there that a new national carrier would be run responsibly? Indeed, the world over, most nations are divesting from airlines businesses because they are better run by the private sector. To compound the problem, the nation’s aviation industry is currently going through financial stress and many of the airlines are highly indebted. They are hindered by inadequate fleet and capacity and thus cannot compete effectively. Therefore, given the operating environment, we feel that a national carrier is a misplaced priority that would lead to another waste of enormous scarce resources.

number of poor people in the world. And every minute, six Nigerians are plunged into the stratum of the poorest of the poor. On Monday, the NBS revealed that inflation figure was rising. The prices of food stuff are reaching an abominable height. Data published by the bureau showed that monthon-month inflation rose from 1.09 percentage points in May to 1.24 percentage points in June. “Inflation (12.98% from13.45%); Core (10.4% from 10.7%), headline month-on-month inflation, rose 1.24% in June from 1.09% in May,” the report read. So, what has really improved? As a matter of fact, I was richer in 2014 than now. If my monthly earnings were N600,000, the exchange value was higher then, than now. I could do international online courses without having to bleed under lacerating costs. But I cannot do that now. The bottom-line is that I have become poor under Buhari. However, what is disturbing is that the government has no clue of how to remedy the parlous situation. What is even more disturbing is that the government is comfortable with its idea-apoplexy; hence cannot acknowledge the magnitude of the problem. Instead, it is raking up debts upon debts at a prodigious level. Fredrick Nwabufo,fredricknwabufo@yahoo.com

WHERE IS LAI MOHAMMED?

igerians cannot forget in a hurry, the vocal fire power that reverberated from the mouth, pen and well-co-ordinated propaganda engine house of the then Action Congress of Nigeria (ACN) which later metamorphosed into the All Progressives Congress (APC) whilst in opposition. If there was any remarkable good thing that emanated from the then ruling Peoples Democratic Party (PDP), especially in the twilight of its hold on power, it was occasioned by the quality and sustained opposition fire the APC unleashed on that administration. Lai Mohammed brought flair to opposition politics in Nigeria, making it even more appealing than being in power. Today, one can boldly ask, where is ‘Lai Mohammed’ (in a metaphoric sense)? At a time when nearly every step taken by the present administration ‘appears’ faulty, I think we need a Lai Mohammed to make this government raise its governance antennae above mediocrity. Pragmatically speaking now, will Lai Mohammed be a truly happy man in Nigeria, enjoying with passion, what he is presently doing when there is so much to castigate under the present regime? Isn’t it akin to using a celebrated good

striker (just because he is so good a player and not necessarily a good goal keeper) as goal keeper in a football match that required goal scoring? I have a feeling that in his very closet, our information minister must be a very unhappy man wishing he were in opposition at this time. One can only imagine the bombardment that would have been oozing out from the nozzle of his opposition politics prowess. A Lai Mohammed in opposition would not need needless lies and propaganda to shoot down this present government where evidence of maladministration, ineptitude, cluelessness, deceit, intimidation, wanton disregard for rule of law are daily occurrences all over the country. With the ‘technically defeated’ Boko Haram insurgents still possessing the capacity to attack and reportedly (as one hardly knows which story to believe) cart away our gallant soldiers in droves, an opposition spokesperson in the ilk and manner of the then Lai Mohammed would find his job not only interesting, but as easy as ABCD. The only caveat to this assumption would be that the level of intimidation, threat, hounding, and clamp down of opposition voices prevalent under the present regime is capable of keeping even a lion back in its den. Chukwudi Ohiri, Abule Oshun, Lagos

T H I S D AY • TUESDAY, JULY 24, 2018

POLITICS

Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com 08114495324 SMS ONLY

TRENDING NEWS

Osun APC Guber Race Buoyed by Direct Primary Yinka Kolawole writes that the novel method of choosing the All Progressives Congress (APC) governorship candidate in Osun State produced a few glitches.

t the beginning, the road was so tough and difficult as a result of the zoning agitations by the leaders and members of the All Progressive Congress (APC) from Osun West Senatorial District who believed that it was their turn to produce the next governor of the state. Against all odds, Alhaji Gboyega Oyetola, Chief of Statff to Governor Rauf Aregbesola defeated 17 other aspirants with 127,017 votes, even gladiators from the West fell by the way side, including the incumbent Chairman of the Local Government Service Commission, Elder Peter Babalola, Hon. Gafar Amere, a member of the House of Representatives, Mr. Adenrele Oriolowo, former Permanent Secretary, and RAMP Project Coordinator, among others. The Deputy Speaker of the House of Representatives, Hon. Lasun Yusuf came second with 21,975 votes while the Speaker of the House of Assembly, Hon. Najeem Salaam came a distant third with 17,958 votes. Oyetola’s candidature was believed to be favored by some APC leaders for his sophistication in public administration and financing. Before joining Aregbesola’s cabinet in 2010, he had acquired more than 30 years experience in the private sector as a captain of industry. This background served him well, coupled with his close relationship with the APC National Leader, Senator Bola Hammed Tinubu. Oyetola was considered as the most influential cabinet member in the administration of Aregbesola. For the past five years, he interfaced with labour unions, contractors, foreign partners and other policy makers to stabilise the administration. At a stage, the labour unions appeared more comfortable negotiating with him. No doubt he understood the running of the administration than any other cabinet member. The argument of many party faithful who supported Oyetola was that he is cool, clam and collected and has vast experience to stabilise the state economy and increase the revenue profile. However, many politicians within the APC were not too confortable with him. They considered him too meticulous to sustain Aregbesola’s political influence. It was clear to many watchers of the goingson in Osun State that he was the anointed candidate of Aregbesola, although the governor denied this assumption many times. During the primary election, 32 out his 40 cabinet members worked for Oyetola and most of the strategy were coordinated from Government House by the State Attorney General and Commissioner for Justice, Dr, Nashir Ajibola. The state party chairman and all the local government executive secretaries also rallied support for Oyetola to emerge as the party gubernatorial candidate. Though he did not make his choice public, many were eager to know which candidate gained the favour of former Governor Adebisi Akande. Majority concluded that Akande’s choice could not be different from Tinubu and Aregbesola. One thing was clear, Oyetola was not given a nod by a good number of the party elders forum called Agba Osun, who were of the view that the post must be zoned to Osun West. The adoption of direct primary watered down their influence. The capacity of Oyetola to sustain and consolidate Aregbesola’s giant stride is not in question considering the prominent role he is playing in the present administration especially managing the state’s huge debt profile. His biggest headache may be local politicians who do not see him as one of them. One of the 17 governorship aspirants, Barrister Kunle Adegoke ‘K-Rad’ alleged that plans had been concluded to impose Oyetola as the party’s candidate in the primary election.

Alhaji Gboyega Oyetola, casting his vote during the primaries election at Ward 1, Unit 3 in Iragbiji.

He vowed to fight the process which he described has “a game without rules”, saying the action of the party was an “advance notice of an imminent chaos. Adegoke who spoke at a press conference in Osogbo said the argument of the National Chairman of the APC, Adams Oshiomhole, on the direct primary was sound, but was dogged by certain constitutional, legal, political and moral challenges which simply exposed the leadership of the party as not as law-abiding as expected. According to Adegoke, “it is certain that INEC cannot mobilise at least 332 personnel to monitor the direct primary election in the

At the end of the day, it was reported that over 350,000 APC members turned out for the exercise. Late arrival of materials seemed to be a common hindrance in some polling centres. However, the governorship primary took place in the 332 wards. The whole atmosphere was conducive as there was peace in all the centres

332 wards in the state. “If the election would be conducted through and supervised by the compromised officials of government who are already prominent campaigners for the state-anointed aspirant, Oyetola, then, military dictatorship cannot be less democratic as the determination of the present government in determining its successor is more than glaring. “Less than 24 hours to the novel direct primary election, no guideline have been issued by the National Working Committee with the approval of the National Executive Committee to guide all aspirants and voters. It is clear that there are no rules in form of guidelines to even govern the election. It is a game without rules, which is an advance notice of an imminent chaos. He said the APC has no credible membership register and no such register has been publicly displayed or shown to any of the 17 aspirants less than 24 hours to the primary. Adegoke also alleged that supporters of the “state-anointed aspirant, Alhaji Gboyega Oyetola”, have been threatening supporters of other aspirants not to appear at the ballot centres except they are ready to vote for the purported anointed candidate. “It would be impressive for our ‘democratic’ National Chairman, Adams Oshiomhole, to deepen democratic ethos in the party by applying direct primaries to all other elections like National Assembly, State Assembly, and governorship in all states so that our members can be more involved in the new-found democratic process of direct primaries. “Any attempt to change the rule after Osun state gubernatorial election would only expose the National Chairman as less than honest but hypocritical which I want to believe he is not. He however declared his readiness to participate in the election for legal reasons, insisting that “this primary election is already schemed in favour of Alhaji Gboyega Oyetola. A prominent governorship aspirant, Alhaji Moshood Olalekan Adeoti formally withdrew his participation from the Osun State APC governorship primary. This was contained in a statement issued and

signed by the Director of Media and Publicity of Moshood Adeoti Campaign Organisation (MACO) Mr. Kayode Agbaje and made available to newsmen. According to him, Adeoti’s decision to withdraw from the race was hinged on his resolve to abide by a resolution of the Osun West Senatorial District wing of the party dissociating itself from the exercise. In addition, the frontline governorship aspirant stated that he was not going to allow his participation add credibility to a skewed and jaundiced process already designed to favour an anointed aspirant. Adeoti however informed his teeming supporters that he was still very much in the race to contest and win the governorship election come September 22, 2018. With the claims that direct primary will prevent inducement of voters, governorship aspirants stormed voting centres with money. THISDAY checks gathered that each voter went home with not less than N2,000 even with the large turnout. The money was openly displayed while voters were on queue collecting money shared by representatives of the aspirants. The election was peaceful with counting of voters, carefully carried out. While the voters’ register was made available in some wards, others were restricted to counting of voters on the queue only. Security agents were at each ward visited by our correspondent while the counting was done. However at Union Baptist Government School, Ward 4, Osogbo Local Government, representatives of the aspirants were seen in two groups within the school premises distributing money to their supporters. All the supporters were given N2,000 in the presence of policemen and Civil Defence Corps members. At Salvation Army School, Alekuwodo, Ward 5, Osogbo, voters were stranded waiting for electoral register till they left in the afternoon. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY • TUESDAY, JULY 24, 2018

POLITICS

They Soldier on in Troubled Times Shola Oyeyipo calls on the authorities of the Nigerian Army to deliver justice in the case of the 38 sacked senior army officers

Chief of Army Buratai

he Nigeria Army is widely regarded as a highly professional and disciplined national security organisation, so when any issue tarnishes its image, it calls for concern. However, despite the fact that men of the Nigerian Armed Forces have performed well locally and internationally, its treatment of issues relating to the arbitrary and illegal expulsion of 38 officers of the Army has opened a huge debate that has thrown up many questions begging for answers. While some of the affected officers are unaware and unable to explain why they were compulsorily retired in 2016 when officers, including generals, were summarily dismissed via a letter on June 9 that year, it is becoming obvious that it would require more than the inconclusive and illogical explanation that the officers were sacked by the Army Council for alleged electoral and defence contract-related fraud. The development sparked widespread condemnation. Most of the officers were agitated because they felt they were innocent and they were never accused of any infraction nor were they queried for any alleged offence. Also they did not face any panel or court martial as is the established military protocol before they were illegally retired in contravention of the Armed Forces Act and Section 36 of the Nigerian constitution, which guarantees every Nigerian the right to fair hearing. Confident that they could seek redress within the dictates of the constitution, several of the affected military officers, particularly those convinced of their innocence and the grave injustice done to them, filed a number of suits at the National Industrial Court, Abuja and the intrigues that have characterised the legal battle have left followers of the issue more worried.

Soldiers of the Nigerian Army

First, it is important to underscore the swelling sentiment that the sack was targeted at officers from the southern part of the country as 10 of the 38 are of Igbo origin, 14 from South-south, with seven coming from Rivers State alone, the state of former Chief of Army Staff, General Kenneth Minimah, and it included his younger brother. In all, 29 were either southerners or Christians. In fact four of the officers were not in the country when the sack occurred. None of the officers faced a court marshal and found guilty - no allegation was brought against them or proven against them and yet

Most of the ofﬁcers were agitated because they felt they were innocent and they were never accused of any infraction nor were they queried for any alleged offence. Also they did not face any panel or court martial as is the established military protocol

they were laid off. As their quests for justice subsist, their cases have been progressing in the courts, albeit very slowly such that the perpetrators of the injustice believe they can get away with dispensing illegality to their colleagues in a democratic dispensation. But it is interesting to note that in most of the cases, preliminary objections, particularly those bothering on lack of jurisdiction and failure to wait for the outcome of administrative redress of the appeals, have been consistently dismissed by the industrial court. Interestingly, the Chief of Army Staff, General Tukur Buratai has not shown that it has any defence for the arbitrary dismissal of the affected officers. The Nigerian Army has not able to provide any evidence to justify the sack or to show that they complied with established military disciplinary procedures, which Buratai gleefully claimed in June 2016, before sacking the officers. In fact, in the case of Major General Ijioma Nwokoro Ijioma, the Army adopted the evidence provided by the General. To the shock and chagrin of all present, the Army counsel could not provide any shred of evidence that the General was found guilty of an offence in any competent military court. As the prosecution did not provide any explanation for the sack, rather, it adopted the evidence provided by the claimant. Could this be how things are done in a modern Army? This is an example of clear brazen display of power which has characterised the tenure of Buratai as Army Chief. It is disturbing to note that after two years, the Nigerian Army cannot provide evidence of when the affected officers were court marshaled in line with standard military practice or what alleged offences they committed. The suspicion among the sacked officers was further aroused when Major General Ahmadu

Muhammed, who was initially retired by former Army Chief, General Minimah during former President, Dr. Goodluck Jonathan’s tenure in January 2015, without facing a court marshal or fair hearing, was reinstated in 2016 with speedy dispatch. Muhammed, who faced allegations of incompetence and dereliction of duty by mutinous soldiers who shot at him, was sacked in 2015 and was reinstated in January 2016 after he applied to be reinstated in September 2015. Interestingly, his application for reinstatement in September 2015 was nine months after he was illegally retired, which is in violation of the military rules, which says you can only apply for reinstatement within 30 Days after your compulsory retirement. It was attended to speedily and within three months, by January 2016, he was reinstated. The Nigerian Army said after his belated application for reinstatement that it was considered based on the grounds that it (his retirement) was an arbitrary and illegal act which contravened the rules. As such, because of these infractions, he could seek justice at any point. So, for anyone close to the affected Army officers, the question agitating their minds is: if the military authority was sure that the officers were guilty and that the Army followed due process as enshrined in the constitution, why haven’t their appeals been forwarded to Mr. President for a dispassionate review? After two years, why are their appeals not treated with the same speed Muhammad’s appeal was granted? Why are they being treated differently and unjustly? If it is said that what is good for the goose is good for the gander, why then is this unjustified injustice being allowed for so long? Why is this matter being ignored and not reviewed at the right time?

TUESDAY, JULY 24, 2018 • T H I S D AY

FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com 07010510430

THISDAY Healthcare Dialogue: Celebrating Star States As THISDAY Newspapers holds the third edition of its Healthcare Policy Dialogue series on Friday, with a focus on how states should provide healthcare for their people, Martins Iﬁjeh examines how the eight states that will be honoured at the summit distinguished themselves in the provision of basic healthcare towards achieving Universal Health Coverage for Nigerians

DG WHO, Dr. Tedros Ghebreyesus and other stakeholders at the second THISDAY Healthcare Dialogue

hen the World Health Organisation (WHO) understudied Thailand to know how it succeeded in achieving Universal Health Coverage (UHC) for all its citizens, two things stood out: there was a three-decade-long investment in the provision of basic healthcare needs in the rural and sub-urban areas across the country; and there was a design of schemes to ensure comprehensive benefit packages without copayment. Similar studies in other countries that achieved UHC for their citizens also showed that one thing was common: a deliberate investment in the provision of basic healthcare, especially in areas where the poor and vulnerable live. Saving One Million Lives Programme Like other countries that have continued to nurse the ambition of having a breakthrough in healthcare provision for all their citizens, the Federal Government of Nigeria reasoned that for it to achieve UHC, the 36 states, including the Federal Capital Territory, should be actively involved in the process of providing basic healthcare to the people at their various states. It was because of this, according to the Minister of Health, Professor Isaac Adewole, that the federal government’s Saving One Million

Lives Programme Performance for Results (SOMLPforR) was established. Adewole called it a tool in addressing the burden

It is in line with this objective that THISDAY and the Federal Ministry of Health, as part of efforts to encourage states to work better towards the provision of basic healthcare, will be honouring states that have performed highly under the Saving One Million Lives Programme Performance for Results programme

of healthcare, especially in rural and hardto-reach areas of the country, where the poor and the vulnerable mostly live. Under the programme, the federal government, last year, disbursed $1.5 million to each state of the federation to support them in the improvement of health outcomes in their various domains. The key is focus on: provision of quality healthcare in primary health facilities, vaccination coverage among children; contraceptive prevalence rate; skilled birth attendance; HIV counselling/ testing among women attending antenatal care; and use of insecticide treated nets by under five children, among others. Adewole told THISDAY that the grant already given to states represented part of what they will get under the project as they continue to push towards UHC in their various states. He said the idea was to ensure states do not relax in the provision of healthcare to their people. Stakeholders in the health industry say if all states judiciously follow through with the SOMLPforR programme in their various regions, it will go a long way in moving Nigeria towards “healthcare for all”, a slogan global health bodies have employed to ginger up activities towards solving healthcare challenges across the world. It is in line with this objective that THISDAY and the Federal Ministry of Health, as part of efforts to encourage states to

work better towards the provision of basic healthcare, will be honouring states that have performed highly under the SOMLPforR programme. The awards are also meant to encourage other states to work harder to help the country to collectively attain UHC for the 180 million Nigerians. The upcoming event followed a painstaking process, which identified eight states under a comprehensive evaluation procedure carried out by the Federal Ministry of Health and the THISDAY Healthcare Dialogue Team. High Performing States The star states are Zamfara (North-west), Adamawa (North-east), FCT (North-central), and Cross River (South-south). They were selected as best improved states with overall improvement in key maternal, new-born, and child health indicators. Lagos and Anambra states, were selected as best performing states on immunisation; while Delta and Kano, which were selected as states with the most people covered under State Social Health Insurance Agency, with a focus on poor and vulnerable population covered mandatorily with public financing. How the Winners Emerged Performance rewards are calculated based on five Disbursement Linked Indicators (DLIs). DLIs are the specific measures against which performance is determined and rewarded

• T H I S D AY TUESDAY, JULY 24, 2018

FEATURES The dialogue hopes to bring under one roof healthcare stakeholders, development partners and policymakers to chart a way forward for the provision of basic healthcare to all states of the federation

of a performance management system is meant to ensure that states remain focused on results by linking their actions/interventions directly with measurable outcomes in the shortest possible timeframe. On DLI 4, which is the Increasing Utilisation and Quality of Reproductive and Child Health and Nutrition Interventions through Private Sector Innovation, the survey looked at implementation of innovation fund that help address SOML challenges, like small grants (up to $100,000) to test or develop new techniques, technologies; larger grants (up to $1 million) to test new approaches to improving the delivery of SOML services; and proposals judged ‘blindly’ by independent panel using explicit criteria On the DLI 5, which is the Increasing Transparency in Management and Budgeting for PHC, the survey looked at transfer of staff at facility level to SPHCDA, and consolidated budget execution report produced and published annually.

At the second THISDAY Policy Dialogue Summit

Professor Isaac Adewole

Lagos State Governor, Akinwunmi Ambode

under the SOMLPforR. The first, DLI 1, which is the increasing utilisation (quantity) of high impact reproductive and child health and nutrition interventions, relies on results from SMART surveys (the 2015 SMART Survey is the baseline for this DLI under the SOMLPforR). This survey mainly looks for improvements in six key indicators of maternal and child health, which are immunisation coverage, bed net use by children under five, vitamin A supplementation, family planning, HIV testing during pregnancy, and use of skilled birth attendants (SBA). Results from the 2016 Multiple Indicator Cluster Survey (MICS) were compared against results from the 2015 SMART survey (baseline) in order to determine which states had improved on the above indicators. The performance result showed that more than half of the states did worse in 2016 as

Delta State Governor, Ifeanyi Okowa

Zamfara State Governor, Abdul’aziz Yari

compared to 2015 in most indicators. 29 states had a lower modern contraceptive prevalence (CPR) in 2016 as compared to 2015, and 27 states had a lower immunisation coverage with a mean decrease of 6.4 percentage points in 2016. Slightly more than half of the states improved on skilled birth attendance and insecticide-treated net (ITN) use, with mean increases in coverages at 1.5 and 3.2 percentage points respectively—this performance is less than ideal according to analysis by the assessors. In the 12 states that improved on overall composite indicator in 2016, most of the improvements came from ITN coverage, followed by prevention of mother-to-child transmission of HIV (PMTCT), and then SBA. On DLI 2, which is the Increasing Quality of High Impact Reproductive and Child Health and Nutrition Interventions, the survey relied on results from the National

Health Facility Surveys (the first of which was conducted in 2016) and states were assessed according to the SOMLPforR’s Quality of Care (QoC) Index, which has five indicators: clinical competence (adherence to guidelines, accuracy of diagnosis, management of maternal, neonatal complications), availability of drugs and basic equipment, readiness to deliver key SOML services, quality of supervision, Financial management and quality of HMIS data On DLI 3, which is the improving M&E systems and data utilisation (and implementing a performance management system in all states, the Federal Ministry of Health committed to helping state Ministries of Health develop and operate performance management systems with the aim of strengthening accountability mechanisms and fostering evidence-based decision making in health. Under the SOMLPforR, the implementation

The Healthcare Dialogue The healthcare dialogue, which is the third in the THISDAY Healthcare Policy Dialogue series, is billed to hold at the Musa Yar’Adua Conference Centre in Abuja this Friday from 10am. It will bring together high powered members of Nigeria’s economic team lead by Vice President Yemi Osinbajo, governors, National Assembly members, federal ministers, health commissioners, World Bank chiefs, officials of the Bill & Melinda Gates Foundation, among others. The summit hopes to bring under one roof healthcare stakeholders, development partners and policymakers to chart a way forward for the provision of basic healthcare to all states of the federation. It will also focus on honouring high performing states in healthcare, as well as states with potential to spring surprises. The dialogue will address the role of emergency medicine in healthcare provision. The third edition follows the previous two policy dialogue series, which focused on Healthcare Financing and Universal Health Coverage (UHC) in March and April 2018, respectively. Those sessions yielded a number of successes, including for the first time, the earmarking of N57.15 billion in the 2018 national budget for the Basic Health Care Provision Fund (BHCPF) by the National Assembly. This third edition, themed: “Funding Healthcare for All; Why States Matter”, with a sub-theme: “Emergency Medicine: Need for Action”, will not only honour states, it will also address issues around emergency medicine in Nigeria. Among those expected are Adewole; Minister of FCT, Mohammed Bello; Zamfara State Governor Yari Abubakar; Chairman, Senate Committee on Health, Lanre Tejuso; Lagos State Governor Akinwunmi Ambode; Kano State Governor Umar Ganduje; Delta State Governor Ifeanyi Okowa; Anambra State Governor Willie Obiano; Adamawa State Governor Jibrilla Bindow; Akwa Ibom State Governor Emmanuel Udom; and Founder, Flying Doctors Nigeria, Ola Orekunrin. Others are Minister of State for Health, Osagie Ehanire; Country Head, Bill & Melinda Gates Foundation, Paulin Basinga; Chief Health, Nutrition and Population, World Bank Nigeria, Benjamin Loevinsohn; UNICEF Country Director, Mohammed Fall; Senior Health Advisory, Nigeria Governors Forum, Abdulwahab Ahmad; and Programme Manager, Saving One Million Lives, Ibrahim Kana.

IMAGES

L-R; Managing Director, Clearline Hmo International, Dr Akin Akintunji; Executive Director, Finance, Mr Oladapo Kolawole And,Shareholder, Dr Pat Ayelangbe At The Annual General Meeting Of Clearline Hmo In Lagos...Recently

L-R ; Governor of Kebbi State, Alhaji Atiku Abubakar Bagudu; Abdul-Aziz yari Abubakar and Katsina state governor Aminu Bello Masari during a meeting of the Governor’s forum in Abuja... recently Photo; Kingsley Adeboye

T H I S D AY • TUESDAY, JULY 24, 2018

Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com

L-R: Head Teacher, Abesan Primary School, Mrs. Fatuase Ruth Abiodun; Director, School Support Services, Lagos State Universal Education Board (SUBEB). Ade Abatan; Head, Commercial Banking & Public Sector, Ecobank Nigeria, Rotimi Morohunfola; Vice Chairman, Mosan Okunola LCDA, Dayo Osinowo and Head, Finance Operations and Cost Management, Ecobank Nigeria, Tunde Aderupoko, at the oﬃcial commissioning/hand over of Abesan Primary School Borehole project constructed by Ecobank in Lagos... recently

L-R; Executive Secretary, Pharmaceutical Manufacturers Group of Manufacturers Association of Nigeria (PMGMAN), Dr Obi Adigwe; Managing Director, Fidson Healthcare Plc, Dr Fidelis Ayebae; Director General, National Agency for Food and Drug Administration and Control, (NAFDAC) Prof. Mrs Moji Adeyeye and Director, Registration and Regulatory, NAFDAC, Dr (Mrs) Monica Eimunjeze during the NAFDAC DG’s visit to Fidson’s Factory in Sango Ota, Ogun State,..recently

Edo State Governor, Mr. Godwin Obaseki (4th left, front row); Deputy Governor, Rt. Hon. Philip Shaibu (4th right, front row); Secretary to the State Government, Osarodion Ogie Esq. (3rd right, front row); Attorney General and Commissioner for Justice, Professor Yinka Omorogbe (2nd left, front row); Chairman, Advisory Council on Prerogative of Mercy, Hon. Justice Peter Isibor, Retd. (3rd left, front row); with other members of the Advisory Council, after the inauguration of the Council by the governor, at the Government House, in Benin City, Edo State....recently

Group Managing/CEO, Emzor Nigeria Dr. Stella Okoli; Coordinator, Remo Medical Outreach, Prince Femi Akinwunmi and Chief (Mrs). Taiwo Taiwo (nee Shonibare), during the ﬂag oﬀ of Remo Medical Outreach, in Sagamu……recently

Inspector General of Police, Alhaji Ibrahim Idris (left) and the President/Founder, Nigerian Canadian Police Foundation, Mr. Sunday Adebamiro, during a visit ldris on a bilateral working agreement, in Abuja… recently

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BUSINESSWORLD

Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08024557078, 08091152219

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Quick Takes NestlĂŠ Nigeria CEO Now NECA VP

NestlĂŠ Nigeriaâ€™s Managing Director and Chief Executive OďŹƒcer, Mr. Mauricio Alarcon has been appointed as secondVice President of Nigeria Employers Consultative Association (NECA). The announcement was made at the Annual General Meeting (AGM) of the association in Lagos recently. Alarcon has been involved in the direction of the association for the past one year as a member of governing council. He will play a key role in the governing council and management committee. In a statement made available to THISDAY, it stated that NECA was committed to building a vibrant and sustainable business membership organisation responsive to the needs of its members. It works towards this commitment by providing advice, guidance, training and development programs. Speaking during the AGM, Mr. Olusegun Oshinowo, Director General of NECA said, â€œMr. Alarcon will no doubt lend his wide ranging industry experience towards enhancing NECAâ€™s role of providing consultation and advisory services as well as promoting the development of the workforce of our members and other organisations. We are happy to have him on board.â€? On his part, the MD/CEO of NestlĂŠ Nigeria said, â€œI am thankful for NECA Boardâ€™s vote of conďŹ dence in electing me as 2nd Vice President. This is a welcome opportunity to continue to work within the association to meet its objectives which are aligned to our commitment at NestlĂŠ to provide our employees with good working conditions, a safe and healthy work environment.â€?

Venia Business Hub Holds Conference

BUSINESS ROUNDTABLE

L-R: Chairman, Sigma Pensions, Mr. Mark Collier; Senior Fellow, Lagos Business School/Economist, Dr. Doyin Salami; CEO, Agusto & Co Limited, Mrs. Vivan Shobo; CEO, Sigma Pensions, Mr. Dave Uduanu and CEO, Rand Merchant Bank Nigeria Limited, Mr. Michael Larbie, during the 2018 Sigma Pensions business roundtable in Lagosâ€Śrecently

Discos: We Were Entitled to Only N58bn of CBNâ€™s Power Sector Fund Stories by Chineme Okafor in Abuja The electricity distribution companies (Discos) have said the Central Bank of Nigeria (CBN) reserved just about N58.45 billion or 27.75 per cent of its N213 billion power sector intervention fund for the Discos, while the balance went to generation companies (Gencos) and gas suppliers. The Discos also alleged that despite the federal government verifying and accepting to pay over N72 billion electricity debt accumulated by its Ministries, Departments and Agencies (MDAs), the same MDAs have continued to rack up debts for electricity supplied to them. They spoke through the Executive Director, Research and Advocacy of their association â€“ the Association of Nigerian Electricity Distributors (ANED),

ENERGY Mr. Sunday Oduntan, in response to allegations against them by the Minister of Power, Works and Housing, Mr. Babatunde Fashola that the CBN made provisions for financial supports to them, but they blocked its successful implementation with court proceedings. â€œThe NEMSF (Nigerian Electricity Market Stabilisation Fund) N210.61 billion intervention (this being the amount that is actually going to the designated recipients) has been labelled, interpreted and surrounded with various erroneous and misleading information, especially in relation to Discos. â€œThe intervention was a vehicle provided by the CBN to ease the beginning of the liquidity crisis that is much worse today. It is not a subsidy or a bailout, but a

loan (repayable over a ten-year period) to the sector that is carried on the Discosâ€™ financial books. â€œA loan that, substantially, has nothing to do with the Discos, but is on the Disco financial records, for ease of recovery via the tariff,â€? Oduntan described the loan. He further said, â€œspecifically, of the N210.61 billion NEMSF amount, N58.45 billion or 27.75 per cent was designated for the Discos; and N152.16 billion or 72.25 per cent was designated for the Gencos, gas suppliers and industry service providers.â€? Oduntan, stated that most of the money received by the Discos under the intervention has been transferred to, or committed to banks, as necessary to put cashbacked Letters of Credit (LC) in place as requirement for the vesting contracts the Discos have with the Nigerian Bulk Electricity Trading Plc (NBET).

According to him, â€œEven though the Discos have no responsibility for, or connection to N152.16 billion of the intervention fund, the Discosâ€™ financial books have been encumbered with this debt.â€? He added that, â€œThe debt encumbrance is a significant impediment to the Discosâ€™ ability to borrow money to finance their capital investment and their financing of the entire value chain.â€? Specifically responding to Fasholaâ€™s claim that some Discos rejected the financial support, Oduntan stated, â€œWe are not aware of any Discos that have sought to reject the NEMSF funds or gone to court to frustrate the disbursement the funds, given that a percentage of the provided funds is legitimately owed by the market to the Discos. Continued on page 22

PIB Passage Could Move Nigeriaâ€™s Gas Reserves to Worldâ€™s 3rd Largest If Nigeria pass the Petroleum Industry Bills (PIBs) which have been split into four parts for ease of passage, the country may become the worldâ€™s third largest holder of gas reserves, a former Director of the Department of Petroleum Resources (DPR) and Lead Consultant to the National Assembly on the PIBs, Mr. Osten Olorunsola, has disclosed. Presently, the worldâ€™s ninth largest holder of proven gas reserves, Olorunsola, explained at a recent roundtable organised by the Nigeria Natural Resource Charter (NNRC) in collaboration with Media Initiative on Transparency in Extractive Industries (MITEI) in Abuja,

ECONOMY that country could leverage the expected passage of the laws to grow the countryâ€™s gas reserves and play big in the emerging global gas business. He said only the PIBs passage and assent can make Nigeria become a competitively attractive country for gas-based investments amongst others. â€œNigeria needs to move more from 1,500 depths to deeper offshore where the acreages are open. Nigeria can easily become the third in the world in terms of gas reserves if we do the needed exploration work,â€? Olorunsola added.

He further explained that until the PIBs become law, the country would not attract the right investments needed for such deep offshore exploration which he said ran into billions of dollars. While Nigeria sat on its oil sector reform law over the past 18 years, he noted that some East Africa countries have found about 20 trillion cubic feet (tcf) of gas within just about the last 10 years. Clearly, Olorunsola, stated that Nigeria was no longer the only â€˜darlingâ€™ of oil and gas investors who sought for destinations in the continent to put their monies. According to him, â€œBy 2025,

the whole of Africa can have gas. The countries we use to sell to could soon start selling to us. We may be sitting on generations because we refused to take certain decisions at some point.â€? Although ranked ninth in proven gas reserve with an estimated 192tcf, Nigeria, however is ranked the 28th gas producer in the world. This is in contrast to Algeria which is ranked as 10th on the proven gas reserve list, but still retains the 10th biggest gas producer position in the world, accounting for 2.3 per cent of total world gas production. Continued on page 22

The 2018 edition of Co-working conference is billed to hold on Thursday 26th July, 2018, in Lagos. The conference which is an annual gathering of policy makers, entrepreneurs, investors, service providers, including the media and coworking space operators will see stakeholders discuss salient issues aďŹ€ecting the growth and development of co-working spaces in Nigeria. The CEO, Venia Business Hub and the Creator, co-working conference Nigeria, Kola Oyeneyin, described the working industry as an emerging force shaping the entrepreneurial ecosystem globally. According to him, co-working conferences take place around the world, helping to shape the agenda for a better industry. â€œWe are happy to see various stakeholders embracing coworking and leveraging on its possibilities to drive entrepreneurship. â€œLagos Innovates is one such example of the response to Coworking Conference and we expect to see much more exciting collaborations and initiatives by various ecosystem enablers, â€œ explained Oyeneyin. With the theme, â€˜Coworking: The Catalyst for Innovation,â€™ the conference this year, is aimed at connecting the dots of how coworking, co-creation, collaboration and technology are spurring innovation, entrepreneurship, wealth and job creation, while charting the course for a new economy and the future of work. Speakers include Dr. Omobola Johnson - Partner at TLCom and former Honourable Minister of Communication Technology; Iyin Aboyeji of Flutterwave - Africaâ€™s leading payment platform; Kola Aina â€“ Chairman, Ventures Park, and Ola Brown of Greentree Investment Company, amongst others.

Chivita Wins Juice Brand Award

Chivita has won the outstanding juice brand of the year award at the 2018 Marketing Edge Award. Maker of the product, Chi Limited, said in a statement that the brand won the award for the second time, having won it ďŹ rst in 2016. The statement described Chivita as a brand whose evolution and strategic drive for market leadership was fuelled by superior product quality, innovation, eďŹ€ective consumer engagement activities and an enviable brand loyalty through its array of fruit juices like Chivita 100 per cent, Chivita Active, Chi Exotic, Happy Hour by Chivita, Chi Ice Tea and Capri Sonne, have become household names as a result of their popularity amongst consumers. The statement also said that the nomination of Chivita for the award was a result of the assessment of the patriotic contributions of the brand to the growth, development and continuing evolution of the juice segment of the Nigerian fast-moving consumer goods industry.

When you take a long-term view of this country, you have to keep developing power projects because our population is growing, demand also grows

Chairman/CEO, Waltersmith Refining and Petrochemical Company, Abdulrazaq Isa

T H I S D AY ˾ ˜ ͰͲ˜ ͰͮͯͶ

BUSINESSWORLD DISCOS: WE WERE ENTITLED TO ONLY N58BN OF CBN’S POWER SECTOR FUND

“Perhaps, the minister is referring to the injunction against the attempted backdoor renationalisation of the Discos by the NERC and NBET, seeking to escrow Disco revenue accounts, outside of the agreement already reached between the Discos and CBN as a pre-condition for access to the funds.” He equally alleged that even though the government said it has verified MDAs debts to the Discos, its MDAs were still accumulating monthly electricity debts. “This assertion of the government’s reconciliation of some of the electricity debts that it owes is troubling in the light of the fact that the government continues to owe Discos for energy that it consumes, and this debt continues to grow, contributing to a market shortfall that is estimated to be in excess of N1.3 trillion on the Discos’ books. “Whilst the Discos are appreciative of the initial reconciliation associated with the N27 billion but are concerned by the lack of good faith associated with the continued absence of an automatic mechanism for the payment of bills consumed by government MDA. PIB PASSAGE COULD MOVE NIGERIA’S GAS RESERVES TO WORLD’S 3RD LARGEST

Olorunsola, thus emphasised the urgent need for Nigeria to pass the PIBs, adding that the country was lagging seriously behind in her oil industry reforms and improvements, with bid rounds last conducted in 2007. He added that several other issues such as inadequate gas to power, bloated petrol subsidy, poor oil revenue management, erratic sector funding, ease of doing business, metering, and network infrastructure among others could quickly be resolved with the PIB passed and assented into law. The omnibus PIB has however been split into the Petroleum Industry Governance Bill (PIGB) - presently awaiting presidential assent; Petroleum Host and Impacted Community Bill (PHICB); Petroleum Industry Fiscal Bill (PIFB); and Petroleum Industry Administration Bill (PIAB) which are still undergoing legislative process and expected to be passed before December 25, 2018, according to Olorunsola.

Oil Producing Communities Want Derivation Fund Raised to 50% Chineme Okafor in Abuja Oil producing communities in the Niger Delta region of the country have indicated their preference to have the new bill - the Petroleum Host and Impacted Communities Bill (PHICB) – contain a 50 per cent derivation payout to them as against the 13 per cent that exists at the moment. The communities demanded that either that would be put in the PIHCB or 25 per cent of royalties paid to the government by oil-mining companies be made to come back to them in the bill. They equally stated that they want the bill to be specific on how their environment would be managed by oil companies in such a way that they are protected from the hazards of oil exploration and production. These communities made their positions known at a consultative meeting organised by the Emerald Energy Institute for Petroleum and Energy Economics, Policy and Strategic Studies at the University of Port Harcourt, as part of an ongoing legislative consultation to get the PHICB passed by the National Assembly. A communique on the outcome of the meeting was sent to THISDAY in Abuja, by Prof Chijioke Nwaozuzu, from the institute. In it, the communities explained that the 13 per cent derivation allowance paid to states in the region; eight per cent littoral states fund; the Niger Delta Development Commission (NDDC) Act; Ministry of Niger Delta; and the Amnesty Programme of the government, had done very little to stem criminality in the region, hence the clamour for deeper communities’ involvement and some measure of control of revenues accruing from petroleum resources in their region.

Group Business Editor

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 (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Reporters

Nume Ekeghe (Money Market)

They explained that the exclusion of the communities from control of oil revenues to them had often led to increased agitation; heightened insecurity in the Niger Delta Region; and incessant disruption of petroleum operations. To this end, they noted their preference that the bill should contain, “50 per cent derivation pay-outs should be considered instead of the current 13per cent, or government should dedicate 25 per cent from the royalty payments for host communities.” They also requested that the bill include, “Provision of opportunities for participation of the host communities in governance of the petroleum sector,” and asked to know how the bill will address the issue of environmental

The Bureau of Public Enterprises (BPE) has said the current challenges in Nigeria’s electricity sector were consistent with a market that had been privatised. It assured the sector will eventually pull out of the situation to become productive. The Director General of BPE, Alex Okoh, said this at a meeting with the House of Representative Committee on Privatisation and Commercialisation in Abuja. A statement from BPE’s spokesperson, Amina Tukur Othman, explained that the meeting had in attendance representatives of power generation companies (Gencos) as well as distribution companies (Discos) in the country, as well as the Nigerian Bulk Electricity Trading Plc. (NBET). According to the statement, Okoh, equally stated that the Power Sector Recovery

remediation, how communities impacted by already decommissioned oil and gas operations would be protected, as well as measures in it to evaluate the impact of the trust funds over time. However, facilitators of the meeting stated in the communique, that the 50 per cent derivation request would require an amendment of the federal constitution. They added that the proposed bill provided for participation in governance and management of the oil sector by host communities through a development and management fund. In addition, they explained that environmental regulation and management were covered by the provisions of the bill for both decommissioning

and abandonment of oil and gas operations, as well as environmental remediation. With regards to monitoring and adequate supervision of the fund, they noted that the bill provided for oversight by a commission, which will monitor and assess the management and performance of the fund. They explained PHICB was designed to facilitate community inclusiveness; fast-track infrastructure development in communities; end direct cash payments to community leaders; and enforce good governance, transparency and accountability in interventions in communities. According to them, the PHICB provided for the incorporation of a Petroleum Host Communities Develop-

ment Trusts (PHCDT) with the Corporate Affairs Commission (CAC), including the structure of, and funding for the trusts. It also provided the governance guidelines for the PHCDT; sound financial management; and mechanism for dispute resolutions in the communities. They noted that with the bill, it was expected that there would be a reduction in cost of oil and gas production for government and oil companies; recognition of host communities as stakeholders and joint protectors of petroleum facilities; active participation of host communities in resource allocation and development process; as well as conferment of direct measurable economic benefits from petroleum operations on host communities.

REWARD FOR LOYALTY

L – R : Technology Advisory, KPMG, Kenneth Ukanwa; DiamondXtra Season 9 Salary-4-Life winner, Kelechi Emerole; Head, Consumer Banking, Diamond Bank, Karimot Tukur; Head, Surveillance and Enforcement Department, Consumer Protection Council (CPC), Gamillius Anyanwu and Head, Mass Market, Diamond Bank, Osita Ede, during the DiamondXtra Quarterly draw held in Lagos recently…… PHOTO:SUNDAY ADIGUN

Post-privatisation Blues Inevitable in Power Sector, BPE Insists Chineme Okafor in Abuja

Obinna Chima

NEWS

Programme (PSRP) which the federal government initiated with the World Bank, was robust enough to ensure viability of the power sector. He explained the PSRP would also manage the liquidity issues militating against the sector. Okoh, however noted that optimising the potential of the PSRP would be largely reliant on a simultaneous effort from all parties involved in the privatisation process as well as regulatory bodies like the Nigerian Electricity Regulatory Commission (NERC). Speaking further, during the meeting which centered on proffering solutions to the challenges affecting the performance of the Gencos and Discos, Okoh noted that the Nigerian power privatisation transaction was the biggest of its kind in the entire continent, saying post transaction challenges were inevitable.

Mahindra to Develop Farm-tech Solutions for Nigeria Jonathan Eze Mahindra& Mahindra Limited, Springfield Agro Limited and the VIP Merchandise Enterprise Limited have unveiled plan for scaling up and expanding operations in Nigeria. The partnership is expected to offer customised and focused solutions in the areas of agriculture and farm-tech prosperity, mobility and power generation. For years, Mahindra has been partnering in the growth story of Africa, offering its range of products across automotive and farm equipment sectors. In line with the organisation’s focus on developing operations in Africa, Mahindra West Africa Ltd was created in Nigeria in 2016. Speaking at a media roundtable in Lagos, the Chief of International Operations, Mahindra & Mahindra Limited, Arvind Mathew, said, the company has made humanity’s innate desire to raise its driving purpose. “We challenge conventional thinking and innovatively use

all our resources to drive positive change in the lives of our stakeholders and communities across the world. “Nigeria is among the largest markets and economies on the African continent and presents very strong growth prospects. We have been working steadfastly with our channel partners to ensure that we deliver innovative solutions to meet the needs of the community here. He said the Farm-To-Folk initiative is one such solution that empowers farmers from every region and capacity, driving farm-tech prosperity. “We will continue to up the ante on technology and innovation to offer solutions in Nigeria that will drive positive change,” Mathew added. Also, the Managing Director, Springfield Agro, Tarun Kumar Das, said, “Springfield Agro and Mahindra have established a strong presence in Nigeria over the last decade to provide solutions in the agriculture and farming space. “We have recently inau-

gurated a Mahindra tractor assembly plant in Kaduna State, with a manufacturing capacity of 5,000 tractors and associated agricultural implements.” According to him, the plant can produce various ranges of tractors from 25Hp to 80Hp to cater to a wide spectrum of customer needs. In his remarks, the Chairman, VIP Merchandise Enterprise Ltd, Prakash Vaswani, said boosting local employment was crucial to the economic development and prosperity of the country. Vaswani added, “We have set up assembly plants in Sango Ota and Kano where we assemble Mahindra two-wheelers, three-wheelers, and Generator sets, in turn providing employment opportunities to the local manpower in the regions. “Also, with our products, Arro and Alfa, we have not only been offering customised and unique mobility solutions for the market but also delivering employment and entrepreneurial platforms to empower the community to rise,” he said.

T H I S D AY ˾ ˜ ͰͲ ͰͮͯͶ

BUSINESSWORLD

BeyondtheBeat CHIKA AMANZE-NWACHUKU

Tel: 08033294157, 08057161321 Email: chika.amanzenwachukwu@thisdaylive.com

Getting Beyond the Blame Game The Nigeria’s electricity industry since its privatisation in November 2013 has been bedevilled by a plethora of challenges, which have hampered regular power supply to homes and businesses. Expectations were that the power privatisation would address holistically the tepid electricity situation in Nigeria, and usher in a new era of steady power supply, but, these expectations have not been met as electricity is still in short supply, more than five years after power sector privatisation. It turned out that private investors who bought the assets of the defunct Power Holding Company of Nigeria (PHCN) under the federal government’s power privatisation programme were mostly cronies of the then government in power, who lacked both technical and financial capacities to operate, manage and ramp up value for the assets they purchased. With their hopes dashed, business owners and other Nigerians now rely solely on generating sets and alternative energy sources, even as major stakeholders in the electricity value chain have resorted to buck passing, which can only worsen the already bad situation. Amidst the low levels of electricity supply, electricity distribution companies have continued to issue outrageously high levels of estimated electricity bills to customers despite repeated sanctions by the sector authorities. Last month, the Transmission Company of Nigeria (TCN) announced that the nation’s power generation had dropped to 2,290MW, from 4,500MW, following a loss of 1,598MW, owing to gas pipeline vandalism. Generation, which rose to 3888MW after authorities fixed the problem, dropped to 3,838MW between July 12 and 18, according to latest figures obtained by THISDAY. The report also revealed that about 2,990MW could not be generated owing to inadequate gas supply, poor distribution facilities, transmission network limitations and water management constraints, while a total amount of money lost on account of this was put at N12.171 billion. With the recalcitrant attitude of the investors and seeming inability of power sector authorities to get the investors adhere to the terms of agreement reached with the government, the question on the lips of Nigerians is when will this energy crisis, which has become a major hindrance to economic growth and development be resolved. Whereas the federal government has constantly accused the investors of failing to adhere strictly to the conditions stipulated in the power privatisation programme, the investors on their part, insist that the government has failed in its responsibilities especially in the area of gas supply and grid instability caused by weak transmission infrastructure. Also, the Transmission Company

Buhari

Fashola

of Nigeria (TCN), which is still under the control of the federal government, accuses the Discos of rejecting power allocated to them. But the Discos in turn blame their inability to deliver steady electricity to consumers on huge indebtedness by electricity users, particularly government establishments, stealing of electricity, vandalism and poor quality of infrastructures to mention but a few. Similarly, the Gencos claim the Nigerian Electricity Bulk Trading Plc (NBET), do not pay for the power generated, while the NBET on its part shifts the blame to the recalcitrant financial attitudes of the Discos to statutory payments for electricity it sold to them. The bulk trader claims it owes the Gencos because the Discos fail to pay it for electricity sold to them. The amount owed the NBET is said to be in the region of N800 billion. At a meeting in Abuja last year, convened by the Market Operator of TCN, major stakeholders, who were in attendance, had resolved to put the blame game behind and start appropriate action that will build robust synergy towards delivering improved electricity to homes and businesses. Recent developments, particularly the last week’s media war between the power minister and the investors is a pointer that the blame game is far from being over. Apparently pissed off by the sector ’s abysmal performance, Minister of Power, Works and Housing, Mr. Babatunde Fashola, recently charged all stakeholders to eschew blame game and instead adhere strictly to all conditions in their contract with federal government, as failure to do so will attract sanction. Fashola, who also reminded the investors that they were well aware of opportunities and challenges before entering into the agreement with federal government, said the government was prepared to implement all conditions stipulated in

the contracts, it signed with the investors in the sector. On the issue of un-utilised load, which had been identified as the cause of high system frequency on the national grid, stakeholders at the meeting had resolved to take necessary steps to address the problem. To that end, the TCN had pledged its commitment to expanding transmission infrastructure and improving its operation and performance within the power sector value chain. The Nigerian Electricity Regulatory Commission on its part, vowed to be fair but firm in its regulatory duties by enforcing Discos’ metering commitments, prepaid meters for MDAs, centralised management of market revenues collected from all customers, among others. Also, at a recent meeting with power sector operators in Jos, Plateau State, the minister, apparently dissatisfied with the Discos’ poor performances, again reminded the firms that government did not force the assets on them. Fashola said: “You must do more to improve service, rather than complain about old infrastructure. I wish to remind you that nobody forced you to buy those assets and you knew what you were buying. “The N701.9 billion intervention fund is consistent with government’s policy and determination to enable businesses flourish, and it was intended to save the Gencos, the gas companies and their financiers who were providing service, from collapse.” Fashola had also berated the distribution companies’ media campaign against the government’s support at ensuring a vibrant power sector. “Your statement did not tell members of the public that these companies were not getting paid because you were not remitting all you should remit to NBET and the market operator, admittedly

because of reasons that are partly and not partly your fault”, he said. Fashola’s assertions had pitched him against the power distribution firms. For pointing out the lapses on their part, the 11 Discos, last week launched a media campaign against the minister, accusing him of “consistently promoting policies that had resulted in sector-wide confusion, infringed on the responsibilities of the various sector players.” But in a swift response, Fashola said the Discos’ media attack on him, followed government’s resolve to get them to live by the terms of their service agreements. The minister said in a statement he personally signed that the Discos were particularly aggrieved that he directed the NERC to take up regulatory actions to get the Discos to do their jobs. Also, the minister lambasted the Executive Director, Research and Advocacy of the Association of Nigerian Electricity Distributors (ANED), Mr. Sunday Oduntan, who he called an interloper. “My directives on improved service delivery in the power sector went to legal entities, not to an interloper”, the minister had said. Apparently not deterred by the discos’ media war, the minister urged them to consider the merits of his directives and not consider his person in their consideration of the development. He asserted: “My directives seek to rectify these problems because I believe they can be rectified. If Oduntan truly speaks for the Discos, which I doubt, he should ignore the messenger (Fashola) and advise those for whom he acts as surrogate, to focus on the message. “The message is simple: electricity consumers (which include Fashola), want better service; NBET wants its money - about N800 billion, so she can pay Gencos. If Discos can prove that FGN owes more than what we admit, they should deduct N72 billion from N800 billion and pay the remaining N728 billion which they owe NBET. “Discos should respond to the query from the Ministry of Power, Works and Housing as to why 408 feeders, which have a capacity to deliver 5,756MW of power to consumers only carry 444MW because of faulty lines, bad equipment and load shedding?.” But industry watchers have expressed their dismay at this ugly development, positing that the notion that Nigeria’s electricity sector problems can be solved by placing blame is unproductive at best and detrimental to success at worse. The blame game seeks to remove responsibility from one stakeholder and place it squarely on the shoulders of another. This impairs the discourse about how to move the sector forward. Once we remove the compulsion to point fingers, we can get to the real work of fixing what is broken.

T H I S D AY Ë¾ TUESDAY JULY 24, 2018

T H I S D AY • TUESDAY, JULY 24, 2018

PROPERTY & ENVIRONMENT Malami: Gov’s Consent, Slow Adjudication, Bureaucracy, Constraints to Housing Sector Devt The Attorney General of Nigeria, Abubarkar Malami notes that the provision of housing, one of the objectives of the federal government’s Economic Growth and Recovery Plan, is constrained by Governor’s Consent, slow adjudication and bureaucratic processes involved in housing registration and perfection of title. He urges stakeholders to find solution to these challenges. Bennett Oghifo reports

igeria is believed to have a deficit in housing of over 17 million and that the nation would require over N60 trillion in funding to address this deficit, according to the Attorney General of the Federation and Minister of Justice, Abubarkar Malami. Malami stated this in a keynote address presented at a workshop on the Model Mortgage and Foreclosure Draft Bill, held in Abuja, recently. The attorney general, represented by Mr. Abiodun Aikhomu, Special Assistant to the President (Financial Crimes), added that more than 80% of the nation’s population lived in informal housing arrangements. According to Malami, poverty and affordability gap were also constraints to the development of the housing sector, and advocated for reforms that would foster short, medium and long term solutions to these challenges. The federal government, he said was doing something about it by regarding the provision of housing as one of the objectives

of the Economic Growth and Recovery Plan. He also noted the key role of the Nigeria Housing Finance Programme which is being coordinated by the CBN and supported by the World Bank. The Workshop was attended by various stakeholders. The participants included Speakers from various Houses of Assembly of States, Attorney Generals and Commissioners for Lands and Housing in each State and the Federal Capital Territory (FCT); representatives of the CBN; Nigeria Deposit Insurance Corporation (NDIC); Governors’ Forum; Mortgage Bankers Association of Nigeria (MBAN); Nigeria Mortgage Refinance Company Plc., (NMRC); Real Estate Development Association of Nigeria (REDAN) and National Housing Finance Program (NHFP). Also in attendance was Mrs. Tokunbo Martins, Director, Other Financial Institutions Services Department (OFISD) of the Central Bank of Nigeria (CBN). Welcoming participants, the Deputy Governor, Financial System Stability (DG, FSS), Aisha N. Ahmad, who was

Malami

represented by Edward L. Adamu, the Deputy Governor, Corporate Services (DG, CS), stated that the theme of the Workshop “Creating an Enabling Environment for the Growth of the Housing and Mortgage Sector; The Need for Land and Law Reform” was intentionally chosen to enable participants share and gain knowledge and insight into the status, challenges and necessary reforms in the sector.

The workshop participants, in their communiqué, urged every state to have a road map for the passage and implementation of the MMFL, with focus on – regulatory framework; collateral registry; and education and public awareness. “It is desirable that this be done as soon as possible before the distraction of electioneering process later in the year.” According to them, “The need to expedite the process

for obtaining Governor’s consent (by delegating the authority to more than one person) in respect of secured transactions or reassess/streamline the process to eliminate the delay in obtaining such consent so that transactions involving real property would be easier and more seamless.” All levels of government, they said should muster the political will to pass the Model law, as well as address other land administration challenges in the housing and mortgage sector; for them to take ownership of the process of passage and implementation of the MMFL. They also asked for increased collaboration among all stakeholders (the Executive; Legislature; Judiciary; Operators and Regulators) for effective policy formulation and legislation to engender housing and mortgage reform. “There is need to automate land registries and land titling processes in all States for better coordination of activities and information sharing in the industry; need for interface between the Land Registry and Mortgage Registry in States where these registries are separate; and for States

Government to see discounts/ reduction of statutory fees and rates as an incentive to increase Internally Generated Revenue, as well as broaden the revenue collection base of the State. “This underscores the need to emphasise the benefits of passing the MMFL as an incentive to the States.” They said there was need to consider the financial implication of the legal framework being proposed by the MMFL and the possibility of adopting existing structures to minimize cost and serve as an incentive, rather than a dis-incentive to the passage of the law; need to address potential conflict of interest between the proposed State Mortgage Board and the existing Land Registry/Authority; for operators to be realistic in their projections/models in determining the types of houses built in States and fixing unit prices of such houses to suit the different States and income/salary scale of beneficiaries of Housing and Mortgage schemes, bearing in mind the Housing/Mortgage policy that not more than 33% of a beneficiary’s income should be used to service a housing loan/mortgage.

Competence of Nigerian Construction Craftsmen Declining, BCPG Warns Bennett Oghifo Members of Building Collapse Prevention Guild, Ikorodu Cell, have asked stakeholders in the construction industry in Nigeria to promote the use of competent craftsmen in order to reduce the spate of unsatisfactory works in building production across the country. This call was made at a seminar organised by the built environment professionals (BCPG members) living or working in Ikorodu area of Lagos State. The seminar, titled; “Profiling Craftsmen Competency in the Nigerian Construction Industry,” was organised to coincide with the first anniversary of the demise of the pioneer Coordinator of BCPG, Ikorodu Cell, Mr. Kayode Beckley, who was a professional builder. The guest speaker, Mr. Salisu Harfiz of the Department of Building Technology, Lagos State Polytechnic, Ikorodu lamented that the Nigerian academic system had failed to pay adequate attention to handicraft training, leading to graduation of half-baked craftsmen that have been creating competency challenges on construction sites. To overcome this inadequacy in the performance of craftsmen, Harfiz, who is the Second Vice- President of the Nigerian

Association of Engineering Craftsmen (NAEC), advocated for an increase in the provision of current technological training and newly manufactured tools and equipment in technical colleges and constructionskills- acquisition centres across the country. Recognising the recent efforts of both Lagos and Federal governments at uplifting the system of apprenticeship, Mr. Harfiz, who is also a member of the Nigerian Institute of Building appealed to the Nigerian Board for Technical Education to sustain the newly introduced National Skills Qualifications Framework that is aimed at assessing and upgrading the competency of construction artisans and craftsmen. The Coordinator of BCPG Ikorodu cell, Mr. Olusola Amusan, an architect enjoined clients and those who would want to engage the services of craftsmen in the informal sector to insist on seeing and verifying the certificates of the craftsmen before giving them job. Delivering a good-will message from the Lagos State Chapter of BCPG, the Vice Chairman, Col. Olajide Olayinka (rtd), who is an estate surveyor and valuer encouraged parents to see future value in vocational education rather than pursuing mere academic programme that would lead their children to

idleness from unemployment. The Treasurer of BCPG Lagos State Chapter, Mrs. Olukemi Okusaga, who, as a quantity surveyor counseled on the extra cost that could be incurred in future corrections on the substandard construction works

carried out by incompetent craftsmen that might have charged low on workmanship. While rounding up the seminar, the national President of BCPG, Mr. George Akinola, a fellow of the Nigerian Institute of Architects promised that

Dangote, Rabiu to Partner FMBN on Affordable Housing Ndubuisi Francis in Abuja President of the Dangote Group, Alhaji Aliko Dangote, and Chairman of BUA Group of Companies, Alhaji Abdul Samad Isyaku Rabiu have expressed strong willingness to partner the Federal Mortgage Bank of Nigeria (FMBN) in the drive to boost affordable social housing delivery for Nigerians. Dangote, who ranks as Africa’s richest business magnate and investor and Isyaku Rabiu, a leading Nigerian businessman with vast investments in manufacturing, infrastructure and agriculture are Africa’s two largest producers of cement, a critical input in the housing construction industry. They extended the hand of partnership to FMBN during a joint courtesy call on the bank’s board of directors. Dangote, according to a

statement by the Head of FMBN’s Public Affairs, Ahmed Kaoje, commended the bank for the renewed aggressive drive to provide affordable housing for Nigerians. He lent his support to the proposed N500 billion recapitalisation of the bank, stating that it was a much needed development that would help power FMBN’s efforts to effectively discharge its mandate. He also expressed his Group’s readiness to collaborate with FMBN towards lowering the housing deficit by increasing the tempo and scale of social housing provision across the country. In his words: “Count me as a friend of FMBN. We are open to collaborating and supporting the good work that your bank is doing towards ensuring the provision of affordable housing to medium and low income earners in Nigeria.”

BCPG would upload on its website the data of competent craftsmen for the benefit of developers. He pleaded with construction companies to embark on social responsibility by allowing craftsmen undergoing practical training to learn on

their sites. Akinola also said that BCPG would endeavour to reach nook and corners of the country in its grassroots activities at promoting standard construction and safety in the Nigerian built environment.

BUA Sensitises Block Makers to Check Building Collapse Cases Ndubuisi Francis in Abuja In a bid to check incidence of building collapse, BUA Cement has begun a sensitisation programme for block and other concrete makers as part of efforts to inculcate best practices and guarantee the highest quality standards in block and concrete making. At a one-day workshop which was held in collaboration with the Industrial Training Fund (ITF) Abuja, the General Manager, Sales and Marketing, BUA Cement, Nasir Ladan Bashir, said the idea of the workshop with the theme, ‘optimising cement usage to achieve better quality and yield of blocks,” came up due to the problem of collapsed buildings. “The idea came up after the issue of collapsed buildings surfaced and we thought it was actually very important to

have a stakeholders’ workshop with block makers and other concrete makers so that we can rub minds together and discuss and enlighten ourselves on what we can do with regards to the quality of what we produce so that we can stem the tide and also improve the quality of what we send into the market. “Our cement is of the best quality .It has been commended by everyone that has used it. If cement is good and other raw materials that are used with it are not, you end up getting a sub-standard product. “The idea of having this workshop is to discuss on this and tell the participants the best way,” he said. On the high cost of cement, be said many factors were responsible, adding that as soon as those challenges are addressed, the price of the product would reduce.

T H I S D AY • TUESDAY, JULY 24, 2018

PROPERTY & ENVIRONMENT

Lagos Warns Against Illegal Waste Collection Fadekemi Ajakaiye Lagos State Government has warned Waste Collection Operators (WCOs) to operate within the arms of the law and desist from any illegality in their operations or face sanctions. This warning was handed down by the Commissioner for the Environment, Mr. Babatunde Durosinmi-Ett during an interactive session with Waste Collection Operators, Community Development Council and the local government officials in Alimosho Local Government Secretariat, recently. He said Waste Collection Operators were not allowed to work in isolation, without being monitored or without having their activities properly documented. He decried a situation in which only two operators in Alimosho Local Government signed up with Visionscape for residential waste collection, adding that such cooperating operators were assigned certain number of trips which were being paid for by government through Visionscape, the concessionaire

for residential waste collection. The Commissioner said that WCOs assigned to cover Commercial Premises were mandated by law to obtain the Client Operator Contractor Agreement (COCA) form before venturing into commercial waste collection, warning that any WCO found covering unallocated street or commercial premises would be decertified and their license would be revoked. The Commissioner reiterated that for any WCO to be assigned as an operator, the WCO must have a registered company and have at least two compactors that must be certified to be in good condition. He added that the aim of the interaction with the people at the grassroots was to encourage mutual appreciation of the existing gaps and to jointly arrive at workable solutions, stressing that government would continue to do everything possible to achieve a cleaner environment, including prompting Visionscape to add trips to WCOs’ where necessary. He urged stakeholders in the area to be clear on their

Fuel Leakage: Akoka Community Hails Intervention by Total Station Omolabake Fasogbon Residents of Akoka community in Lagos State have praised the management of the Total Service Station in Akoka for taking swift action in restoring sanity to the community after a leakage was discovered in the station underground tank in August last year. The members of Akoka Community Development Association (ACDA), noted that relevant expert agencies such as Lagos State Emergency Management Agency, LASEMA, Lagos State Environmental Protection Agency, LASEPA, National Oil Spill Detection and Response Agency, NOSDRA and the Department of Petroleum Resources, DPR have certified the environment safe, hence residents can continue with their domestic and business activities without any fear or concern. They made this known on the sidelines of the association’s appreciation and award ceremony organised to honour long-standing and committed residents in the area. Chairman of the association, Mr. Segun Adesanya in his address extolled residents for tolerating each other and co-habiting peacefully, and called for similar attitude among Lagosians. On the issue of petrol leakage, he said that the company in question had been quite responsive and that it “left no stone unturned in bringing the environment back to shape.” He said, “The incident occurred last year August and Total was quick to notify relevant government agencies including the CDA. They started the remediation process by blocking all water sources in the affected five houses as confirmed by the agency in

charge of remediation, Terra Aqua Environmental Consultancy Ltd. as well as supplied us with alternative water. “Such an accident is inevitable, but we are happy with the way the company went about managing the situation. It didn’t only cater for the environment but also the health needs of dwellers. “In our meeting with the Commissioner for the Environment, we resolved that any resident with health issue arising from the crisis should be attended to at either Lagoon or Mercury or Clinique Hospitals because residents demanded to be treated in private clinic.” Reacting to the allegations by some residents that the company neglected the community in the situation, he said “I am speaking as a recognised authority in this community, and my comment is based on fact and the present situation. The state government is also on top of the issue.” Backing up the Chairman’s claim, the Baale of the society, Olusegun Aroyeun noted that the incident disrupted activities in the area for a while, adding that efforts made by the company had further raised their hopes. In his words, Razak Odufuwa, a landlord in the area who claimed that his house happened to be the worst hit by water pollution caused by the leakage, praised the company for taking the right and swift steps, stating that the water was now safe for consumption and for other domestic chores. The filling station was recently shut down by the Lagos State Government following allegations of neglect by some residents in the community but has been reopened for business activities after follow up study of the situation.

roles in the sanitation and protection of the environment and be prepared to spur other members of the community into positive actions towards the environment. Also, in the ongoing effort to sanitise the Apapa area of the state, the Lagos State Government, Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), the Apapa

Ports Authority and other stakeholders have vowed to work together to sustain a clean environment in the area. This synergy was achieved during a meeting in Apapa on Wednesday by the Lagos State Ministry of the Environment (MOE), Port Authorities, NUPENG, Tank Farm Owners, National Association of Road Transport Owners (NARTO),

Community Development Associations (CDAs) and Apapa Local Government. The Meeting, chaired by the Special Adviser to the Governor on the Environment, Mr. Babatunde Hunpe, was held to foster ownership of the sanitation initiatives in the area. Following the pervasive disorder and attendant environmental

infractions in the Apapa area of the State, the Lagos State Government, through the Ministry of the Environment, had intervened to restore sanity in the environment. The Special Adviser said that the cooperation of all stakeholders was necessary to achieve a clean environment and restore the beauty of the area.

L-R: Assistant Manager Air Solution division, LG Electronics, Omotayo Somefun; Technical Manager Air Solution, LG Electronics, Mr. Vijay Bakshi; Assistant Manager Air Solution, LG Electronics, Adesumbo Kadiri-Adewale; and Marketing Manager LG Electronics West Africa, Mr. Paul Mba, during the exhibition of LG Electronics products at HVAC 2018 Expo in Lagos…recently

Climate Change: South Africans Urge Ramaphosa to Ditch Coal As legendary Nelson Mandela turns 100, to fulfill his legacy, South Africans have called on President Cyril Ramaphosa to stop the use of coal and enthrone more sustainable energy sources as spelt out in the 2010 Integrated Resource Plan (IRP). President Ramaphosa, they said should improve his climate record by overseeing the immediate release of an updated electricity plan that excludes coal or nuclear power. “Since he took office, President Ramaphosa has created expectations

of progressive policy shifts in numerous sectors. “However, South Africa’s energy policy is outdated and still heavily reliant on coal as a source of electricity generation, which makes it dramatically out of step with the country’s own commitments to address climate change.” South Africa’s long awaited update to the 2010 Integrated Resource Plan (IRP) is expected to be submitted to parliament in August setting out the path for the country’s future energy mix. This highly anticipated master

plan will be critical to ensuring that South Africa embraces a just energy transition where citizens benefit from new, clean energy technologies that reduce electricity costs, while tackling energy poverty, creating new jobs for those employed in the dying coal industry and the unemployed, and meeting the Paris Agreement target of keeping the world from warming over 2°C, aiming for 1.5°C. Glen Tyler, South Africa team leader at 350.org said, “South Africa deserves a

modern energy policy fit for the future and rooted in justice and access for all. The only way to accomplish that is to stop all coal development projects and set the course for a robust transition to a low-carbon economy powered by 100% renewable energy. While he listens to Obama’s lecture on ‘renewing Mandela’s legacy and promoting active citizenship in a changing world’, President Ramaphosa should ask himself what he wants his own climate legacy to be.” This September, in the

Trends in Building Styles, Perceptions

EHORECON to Strengthen Manpower Development

Charles Maduka

The Registrar, Environmental Health Officers Registration Council of Nigeria (EHORECON), Dr Dominic Abonyi has disclosed that the Council is embarking on competent manpower development in environmental health services. He stated this when the Nigeria Academy of Environmental Health Sciences (NAEHS) paid a courtesy visit on the Registrar in Abuja, recently. Dr Abonyi said the Council has never stopped supporting the Academy, particularly in the area of training. “We are a Council that likes collaborating seriously and the last time we supported a conference organised by the Academy was in 2006.” He, however, advised the Academy not to assume the position of the institute on training, rather both the Council and the Academy should look in the direction of research findings, and the issue of establishment

The Merriam Webster dictionary defined the word, ‘Trend’ thus, ‘to extend in a general direction; follow a general course. It also defined the word, ‘Perception’ thus; ‘the way you think or understand someone or something. However architecture is defined as the art and science of designing and constructing a building. A building is defined as a structure with a roof and walls that is used as a place for people to live, work, do activities, store things etc. An expression of beauty on buildings is known as aesthetics. Aesthetics is simply an architectural language. Architecture as an art is an expression of beauty on the building created through imaginations and skills. Furthermore, architecture has a correlation with fashion and fad. Fluidity in fashion

is a function of style. Style is a distinctive manner of expression at a specific time in history. Many building owners sometimes may desire to renovate and re-invent their buildings in line with what is in vogue. However, a building is not an element of fluid fashion but an integral part of the built environments. Fashion and style on the other hand are ways of life and usually follow trends that change spontaneously. The transition from one style of fashion and fad to another is sporadic with short gestation period. Fashion is an infusion and has to do with individual appearances with other personal mobile accompaniments. Changes in fashion evolve through taste, life style, attitude, ideology, belief, demography and other sociological factors.

of chair in the University. On the area of declassification of the Environmental Health Officers from technicians, technologist and other groups, the Registrar posited that the Council was critically looking in that direction and that it would take a position in due course. In his remarks, the President of the Nigeria Academy of Environmental Health Sciences (NAEHS), Prof Agwu N. Amadi, who led a 3-man-Commitee of the executives of the association, enumerated a number of collaborative efforts with the Council among which are: Quality enhancement of Professionalism, Council performance standard and host of other collaborative efforts. Prof. Amadi further requested from the Council, assistance in the Core objectives of Academy such as Research and Training, Finance and Infrastructure development.

T H I S D AY • TUESDAY, JULY 24, 2018

BUSINESS/MONEYGUIDE

Allianz Group Completes Acquisition of Ensure Ebere Nwoji Allianz Group, one of the leading global insurers and asset managers, recently completed the acquisition of 99.03 percent of one of the firms in Nigerian insurance market, Ensure Insurance Plc, formerly Union Assurance Company. Ensure Insurance, before the acquisition, had Greenoaks Global Holdings Limited (GGH) as its core shareholder. With this transaction, Ensure Insurance becomes part of Allianz Group and will henceforth operate as Ensure-a company of Allianz. Addressing the media at the end of the transaction meeting, the Regional Chief Executive Officer, Allianz Africa, Coenraad Vrolijk, said the transaction was a major milestone for Allianz’s

long-term growth strategy in Africa adding that the combined group aspires to become an insurer of choice in the fast growing Nigerian market. He said Ensure Insurance offers life and non-life insurance services and will benefit from the technical underwriting expertise, global presence and financial support of the Allianz Group. “We had clearly identified Nigeria as a high-potential market in Africa with a strong regulatory environment and interesting demographics. We are delighted to penetrate this fast -growing market through the acquisition of a solid financial player with a strong local expertise. “Coupled with Alliianz’s underwriting capacity and service delivery, the combined

group will be able to provide he highest quality of products and services to Nigerian customers in both personal and commercial lines .We trust that our combined group will help support the Nigerian economy and grow the local insurance market, “ said Vrolijk. Speaking about the Allianz group, Vrolijk described the institution as one of the world’s leading insurers and asset managers with more than 88 million retail and corporate customers He said with its headquarter in Germany, Allianz customers benefit from a broad range of personal and corporate insurance services ranging from property, life and health insurance to assistance services to credit insurance and global business insurance.

‘Access to Mobile Phones Has Simplified Banking’ The spread of mobile phones and cellular networks are facilitating easier access to financial services in hard-toreach population and small businesses at low cost and risk in developing countries. Managing Director and Chief Executive Officer of Sterling Bank Plc, Mr. Suleiman Abubakar, said this while delivering a paper as guest speaker at a breakfast roundtable organised by the Financial Services Group of the Lagos Chamber of Commerce and Industry (LCCI) on deepening financial inclusion through data analytics and financial technology in Lagos recently. Abubakar, who was represented by Sterling Bank’s Chief Information Technology Officer, Mr. Olayinka Oni, noted that in the context of

financial inclusion, “Fintechs hold tremendous potential, challenging old business models with greater speed, accountability and efficiency at a cheaper cost.” He said access to financial products and services were becoming more attainable than ever for consumers that live in rural locations or regions without the equipment and infrastructure of a modern economy due to the prevalence of mobile phones and cellular networks. Abubakar said financial institutions and fintechs could objectively use data analytics to extend credit to consumers who previously had to contend with sometimes exploitative informal credit because they had no formal credit history.

He said it was essential for a country to have strong political commitment and coordination across relevant stakeholder groups in both the public and private sectors of the economy to achieve financial inclusion. In addition, the country must put in place wide-reaching policies that promote responsible financial access, financial capability, innovative products and delivery mechanisms, the guest speaker said. He stressed the impact of data on financial inclusion, saying as customer transactions around the world become increasingly digitised, data analytics can shed light on patterns such as how frequently and for what purposes customers use their accounts to provide some benefits for financially excluded customers.

Agency to Outlaw Importation of Agric Equipment Laleye Dipo in Minna The National Centre for Agricultural Mechanisation (NCAM) has said that it has completed arrangement to outlaw the importation of some agricultural tools into the country. NCAM, which disclosed this in Minna, Niger State yesterday, said the organisation would now emphasise the local production of these farming implements. Speaking at the donation of some modern farming implements to agricultural cooperative societies in the

state, the Director General of the Kwara state-based organisation, Mr. Jackson Babajide, said some of the farming tools imported into the country were becoming too difficult for rural farmers to use. “We have discovered that farming methods and some implements are becoming very difficult for farmers in the rural communities, part of our mandate is to discover and develop small scale equipment to reduce the burden of processing to the teaming farming population across the country looking at the areas of comparative advantage

“The machines manufactured and fabricated by the centre are designed to withstand environmental hardship and could be maintained locally without any difficulty,” Babajide said. He said it was as a result of the “remarkable achievements” of the organisation in the field of agricultural technology, that the agency decided to embark on a tour of the six geo-political zones of the country to, “showcase some of our works for interested farmers throughout the country and to reproduce them based on demand.”

MTN, Microsoft Collaborate to Support SMEs Raheem Akingbolu MTN Nigeria and Microsoft Nigeria have signed a Memorandum of Understanding (MoU) to collaborate on the creation of sustainable and scalable initiatives aimed at driving growth for operators of small and medium scale enterprises (SMEs) in the country. The partnership will leverage Microsoft’s technologies and MTN’s expertise to create strong value propositions for the SMEs segment. These propositions will speak to the needs of SMEs

around capability development, access to markets and business networks across Africa; and address some of their challenges through the creation of innovative solutions. The MoU signing ceremony which took place recently in Lagos, had top executives from both Microsoft and MTN in attendance. The General Manager, Enterprise Marketing, MTN, Onyinye Ikenna-Emeka, expressed the company’s commitment to the success of businesses, be they SMEs, large enterprises or in the public sector.

Recognising the significant contributions of SMEs to the country’s economy, IkennaEmeka conveyed MTN’s strategic position of collaborating with SMEs to create bespoke solutions specially designed to help grow and sustain other SMEs in the country. Speaking further on MTN’s support of SMEs in Nigeria, Ikenna-Emeka said, “We launched the MTN Man-InThe-Box Initiative to further demonstrate our commitment to the development of businesses and ensure their sustained business growth.”

L-R: Regional Sales Manager Africa, GAC Group Motor Company Limited, Mr. Scoﬁeld Wu; Brand Manager, Coca-Cola Nigeria Limited, Olajumoke Oyewole-Lawuyi; Chairman Feet ‘N’ Tricks International Limited, Valentine Ozigbo; Divisional Head, Corporate Communications, Heritage Bank Plc, Fela Ibidapo and Distributors of Scavi & Ray, Iheanyi Nzekwe, at the Freestyle Football 2018 African Championship’s media launch in Lagos… yesterday.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA) 2018

Month

MARCH

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 • Source - CBN

MANAGED FUNDS Month

MARCH

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 • Monetary Policy Rate - 13%

OPEC DAILY BASKET PRICE AS AT, FRI, 20, JULY , 2018 The price of OPEC basket of ﬁfteen crudes stood at $71.57 a barrel on Friday, compared with $70.91 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), Djeno (Congo), Oriente (Ecuador), Zaﬁro (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

T H I S D AY â€¢TUESDAY, JULY 24, 2018

MARKET NEWS

Equities Market Opens Week Bullish on Bargain Hunting Goddy Egene and Nosa Alekhuogie

saw the NSE ASI fall to new record low, the market pared the losses last Friday. The positive trend was maintained yesterday leading an appreciation of 0.30 per cent. Similarly, market capitalisation rose by same margin to close higher at N13.30 trillion. The appreciation recorded in the share prices of some highly capitalised companies such as

The Nigerian equities market opened the week on a positive note as the Nigerian Stock Exchange (NSE) All Share Index rose by 0.30 per cent to 36,711.96. This was just as bargain hunting entered its second day. After a losing streak that

UBA, Dangote Cement, Nigerian Breweries, FBN Holdings, and Zenith Bank Plc bolster the performance. However, Cutix Plc led the price gainers with 10 per cent, trailed by Continental Reinsurance Plc with 6.0 per cent. Wema Bank Plc chalked up 5.8 per cent, just as Transcorp Plc and Japaul Oil & Gas Plc went up by 4.2 per cent and

4.2 per cent respectively. Other top price gainers included: LASACO Assurance Plc (3.0 per cent); NASCON Allied Industries Plc (2.7 per cent); GTBank Plc (2.1 per cent); FCMB Group Plc (2.0 per cent) and United Capital Plc (1.6 per cent). Conversely, Abbey Building Society Plc led the price losers with 10.0 per cent. University

PRICES FOR SECURITIES TRADED AS OF

Press Plc trailed with a decline of 9.8 per cent. Forte Oil Plc and UACN Property Development Company Plc shed 9.6 per cent and 9.4 per cent in that order. AIICO Insurance Plc, Champion Breweries Plc, Oando Plc and Jaiz Bank Plc went down by 8.9 per cent, 7.3 per cent, 7.2 per cent and 6.1 per cent respectively. However, activity level

weakened as volume and value traded declined 66.8 per cent and 43.4 per cent to 225.9 million shares and N2.2 billion respectively. Top traded stocks by volume were Medview Airline Plc (100.0 million shares), Transcorp Plc (16.1 million shares) and Zenith Bank Plc (11.3 million shares) while the top traded by value were Dangote Cement Plc.

A S AT 2 3 / 0 7 / 2 0 1 8

Price List (Equities) PRICES FOR PREMIUM BOARD SECURITIES FINANCIAL SERVICES

S/N 1 2 3 BANKING S/N 4 OTHER FINANCIAL INSTITUTIONS FINANCIAL SERVICES INDUSTRIAL GOODS S/N 5 6 BUILDING MATERIALS INDUSTRIAL GOODS OIL AND GAS S/N 7 EXPLORATION AND PRODUCTION OIL AND GAS PREMIUM BOARD TOTALS Price List (Equities) PRICES FOR MAIN BOARD SECURITIES AGRICULTURE S/N 8 9 10 CROP PRODUCTION S/N 11 FISHING/HUNTING/TRAPPING S/N 12 LIVESTOCK/ANIMAL SPECIALTIES AGRICULTURE CONGLOMERATES S/N 13 14 15 16 17 DIVERSIFIED INDUSTRIES CONGLOMERATES CONSTRUCTION/REAL ESTATE S/N 18 BUILDING CONSTRUCTION S/N 19 20 INFRASTRUCTURE/HEAVY CONSTRUCTION S/N 21 REAL ESTATE DEVELOPMENT S/N 22 23 24 REAL ESTATE INVESTMENT TRUSTS (REITS) CONSTRUCTION/REAL ESTATE CONSUMER GOODS S/N 25 AUTOMOBILES/AUTO PARTS S/N 26 27 28 29

BANKING ACCESS BANK PLC. UNITED BANK FOR AFRICA PLC ZENITH INTERNATIONAL BANK PLC OTHER FINANCIAL INSTITUTIONS FBN HOLDINGS PLC

MARKET CAP(Nm) 289,279.72

%CHANGE

TRADES

321,474.56

9.40

-1.57

192

5,372,488

723,689.18

23.05

0.22

305

11,293,315

686

23,414,110

MARKET CAP(Nm) DANGOTE CEMENT PLC 4,021,559.75 LAFARGE AFRICA PLC. 281,886.42

6,748,307

30 BEVERAGES--BREWERS/DISTILLERS S/N

-0.99

MARKET CAP(Nm) 328,441.93

189

VOLUME

10.00

BUILDING MATERIALS

EXPLORATION AND PRODUCTION SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD

PRICE

%CHANGE

TRADES

VOLUME

9.15

1.10

236

6,157,737

236

6,157,737

922

29,571,847

35 36

PRICE

%CHANGE

TRADES

VOLUME

236.00 32.50

0.55 -

113 67 180 180

2,391,998 481,154 2,873,152 2,873,152

TRADES

VOLUME

MARKET CAP(Nm)

PRICE

382,488.96

650.00

%CHANGE -

2,399

4 1,106

2,399 32,447,398

37 38 FOOD PRODUCTS S/N 39 40 FOOD PRODUCTS--DIVERSIFIED S/N 41 42 HOUSEHOLD DURABLES S/N

MARKET CAP(Nm) 440.00

CROP PRODUCTION FTN COCOA PROCESSORS PLC OKOMU OIL PALM PLC. PRESCO PLC

0.20

79,174.53

83.00

66,150.00

66.15

FISHING/HUNTING/ TRAPPING ELLAH LAKES PLC.

MARKET CAP(Nm) 511.20

LIVESTOCK/ANIMAL SPECIALTIES LIVESTOCK FEEDS PLC.

DIVERSIFIED INDUSTRIES A.G. LEVENTIS NIGERIA PLC. JOHN HOLT PLC. S C O A NIG. PLC. TRANSNATIONAL CORPORATION OF NIGERIA PLC U A C N PLC.

BUILDING CONSTRUCTION ARBICO PLC. INFRASTRUCTURE/ HEAVY CONSTRUCTION JULIUS BERGER NIG. PLC. ROADS NIG PLC. REAL ESTATE DEVELOPMENT UACN PROPERTY DEVELOPMENT CO. LIMITED REAL ESTATE INVESTMENT TRUSTS (REITS) SKYE SHELTER FUND PLC UNION HOMES REAL ESTATE INVESTMENT TRUST (REIT) UPDC REAL ESTATE INVESTMENT TRUST

MARKET CAP(Nm) 2,100.00

MARKET CAP(Nm) 1,217.75

PRICE

%CHANGE

TRADES

VOLUME

25,200

82,097

22 45

122,470 229,767

44 PERSONAL/HOUSEHOLD PRODUCTS CONSUMER GOODS FINANCIAL SERVICES

VOLUME

4.26

0 0

TRADES

VOLUME

304,098

533,865 VOLUME

PRICE

%CHANGE

TRADES

47 48 49 50 51 52 53 54 BANKING

0.46

225.71 2,111.93

0.58 3.25

4 1

30,000 112

49,590.55

1.22

4.27

180

16,146,104

37,744.99

13.10

-1.13

38 223 223

446,751 16,622,967 16,622,967

MARKET CAP(Nm) 711.32

58 %CHANGE

TRADES

VOLUME

4.79

0 0

60 61

PRICE

%CHANGE

TRADES

VOLUME

32,076.00

24.30

118,207

165.00

6.60

MARKET CAP(Nm) 4,495.22

S/N

PRICE

MARKET CAP(Nm)

62 63

118,207

PRICE

%CHANGE

TRADES

VOLUME

1.73

-9.42

679,360

MARKET CAP(Nm) 1,900.00

PRICE

%CHANGE

TRADES

VOLUME

95.00

11,300.89

45.20

24,014.43

9.00

71 72

AUTOMOBILES/AUTO PARTS DN TYRE & RUBBER PLC

MARKET CAP(Nm) 1,002.26

BEVERAGES--BREWERS/DISTILLERS CHAMPION BREW. PLC. GOLDEN GUINEA BREW. PLC. GUINNESS NIG PLC INTERNATIONAL BREWERIES PLC.

MARKET CAP(Nm) 14,876.04

797,567 73

%CHANGE

TRADES

VOLUME

0.21

5 5

124,137 124,137

PRICE

%CHANGE

TRADES

VOLUME

76 77

1.90

-7.32

367,513

0.89

212,467.13

97.00

98,301

322,344.82

68 69

PRICE

242.22

37.50

215,000

FOOD PRODUCTSMARKET -DIVERSIFIED CAP(Nm) CADBURY NIGERIA 20,284.58 PLC. NESTLE NIGERIA PLC. 1,133,498.44 HOUSEHOLD DURABLES NIGERIAN ENAMELWARE PLC. VITAFOAM NIG PLC.

MARKET CAP(Nm) 1,680.31 3,387.70

MARKET PERSONAL/HOUSEHOLD PRODUCTS CAP(Nm) P Z CUSSONS NIGERIA 66,704.01 PLC. UNILEVER NIGERIA 298,740.28 PLC.

MARKET CAP(Nm) 30,108.51

DIAMOND BANK PLC ECOBANK TRANSNA379,835.71 TIONAL INCORPORATED FIDELITY BANK PLC 55,052.11 GUARANTY TRUST 1,141,929.75 BANK PLC. JAIZ BANK PLC 17,973.19 SKYE BANK PLC 9,161.00 STERLING BANK PLC. 39,730.78 UNION BANK NIG.PLC. 168,900.37 UNITY BANK PLC 10,987.98 WEMA BANK PLC. 28,159.36

TRADES

%CHANGE

FOOD PRODUCTS DANGOTE FLOUR MILLS PLC DANGOTE SUGAR 212,400.00 REFINERY PLC FLOUR MILLS NIG. PLC. 121,781.27 HONEYWELL FLOUR 15,067.38 MILL PLC MULTI-TREX INTE1,340.10 GRATED FOODS PLC N NIG. FLOUR MILLS 1,167.21 PLC. NASCON ALLIED 55,108.32 INDUSTRIES PLC UNION DICON SALT 3,676.41 PLC.

BANKING

%CHANGE

0.70

MARKET CAP(Nm) 44,500.00

S/N

PRICE

NIGERIAN BREW. PLC. 863,665.42

78 79

INSURANCE CARRIERS, BROKERS AND SERVICES AFRICAN ALLIANCE INSURANCE COMPANY PLC AIICO INSURANCE PLC. AXAMANSARD INSURANCE PLC CONSOLIDATED HALLMARK INSURANCE PLC CONTINENTAL REINSURANCE PLC CORNERSTONE INSURANCE COMPANY PLC. GOLDLINK INSURANCE PLC GREAT NIGERIAN INSURANCE PLC GUINEA INSURANCE PLC. INTERNATIONAL ENERGY INSURANCE COMPANY PLC LASACO ASSURANCE PLC. LAW UNION AND ROCK INS. PLC. LINKAGE ASSURANCE PLC MUTUAL BENEFITS ASSURANCE PLC. N.E.M INSURANCE CO (NIG) PLC. NIGER INSURANCE CO. PLC. PRESTIGE ASSURANCE CO. PLC. REGENCY ALLIANCE INSURANCE COMPANY PLC SOVEREIGN TRUST INSURANCE PLC STANDARD ALLIANCE INSURANCE PLC. STANDARD TRUST ASSURANCE PLC SUNU ASSURANCES NIGERIA PLC. UNIC DIVERSIFIED HOLDINGS PLC. UNIVERSAL INSURANCE COMPANY PLC VERITAS KAPITAL ASSURANCE PLC

108.00

0.47

2,375,476

164

3,056,290 VOLUME

PRICE

%CHANGE

TRADES

8.90

-2.20

374,066

17.70

143,979

29.70

522,844

1.90

407,860

0.36

6.55

2,500

20.80

2.72

294,334

13.45

PRICE 10.80

PRICE

207

1,745,583

%CHANGE

TRADES

VOLUME

79,025

42 66

74,405 153,430

%CHANGE

TRADES

VOLUME

22.10

3.25

9 9

35,069 35,069

PRICE

%CHANGE

TRADES

VOLUME

16.80

352,329

52.00

125,839

478,168

541

5,592,677

PRICE

%CHANGE

TRADES

VOLUME

1.30

3.08

5,627,297

20.70

-1.93

330,739

1.90

1.06

114

5,813,117

38.80

2.11

156

8,194,019

0.61 0.66 1.38 5.80 0.94 0.73

-6.15 1.54 1.47 5.80

9 36 92 33 8 51 599

708,708 1,700,096 4,526,208 138,145 100,531 2,971,478 30,110,338

MARKET CAP(Nm)

PRICE

%CHANGE

TRADES

VOLUME

4,117.00

0.20

4,227.42

0.61

-8.96

1,306,876

26,775.00

2.55

83,352

1,960.00

0.28

99,384

16,492.66

1.59

6.00

245,000

4,271.56

0.29

2,411.47

0.53

1,913.74

0.50

2,333.20

0.38

539.32

0.42

2,489.97

0.34

3.03

1,724,579

4,296.33

1.00

500

6,400.00

0.80

1.27

246,500

2,640.00

0.33

78,000

15,841.51

3.00

-0.33

1,616,570

2,089.66

0.27

2,000

1,908.71

0.50

178,565

1,600.50

0.24

-4.17

1,515,000

2,085.21

0.25

-4.00

2,437,964

5,422.63

0.42

4,483.72

0.48

2,800.00

0.20

689,950

516.46

0.20

8,000.00

0.50

4,160.00

0.30

WEEKLY PULL-OUT

24.07.2018

BUHARIâ€™S VISIT TO THE ICC: HOW IRONIC

President Muhammadu Buhari

2/DASHBOARD

24.07.2018

Propriety of the EFCC Being Used as a Debt Recovery Agent PAGE 4

Judiciary to Support the Repositioning of Nigeria Prisons Service – Kogi CJ PAGE 5

Lagos AG Pledges to Support NBA Technologically, to Improve Service Delivery PAGE 5

Vote Candidate with Leadership Qualities As NBA President, Alegeh Appeal to Lawyers PAGE 6

QUOTABLES

‘Nigeria’s leadership role in Africa, cannot be taken seriously, neither can our country become a serious destination for trade and investment, so long as our Government remains woefully unable to discharge its most basic constitutional obligation, which is to guarantee the safety and security of its citizens.’ – A. B. Mahmoud, SAN, President, Nigerian Bar Association

‘How can you tell us that, the killing is done by cattle rearers? Burning houses, raping, killing people. Do you rear cattle with AK 47s? We want to remove bad Government, irrespective of where it comes from....We want good governance. We want to live in peace, we want to live in orderliness. We want to live in progress.’ – Chief Ayo Adebanjo, Lawyer, Elder Statesman, Afenifere Chieftain

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

‘Hard Work Spiced with Prayers, makes a Successful Lawyer’ PAGE 6

Katsina-Alu: Exit of a Quintessential Jurist PAGE 7

A Tribute to Muyinat Olabisi Aduki Jinadu PAGE 11

Tribute to Pa Tunji Gomez PAGE 11

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

As the Air Force Protects Its Beast Ofﬁcer...

ave I not mentioned on several occasions, that Nigeria is fast becoming a ‘Police State’? One in which the law enforcement/ security agencies, instil fear into the people, get away with extra-judicial killings and assaults, and protect the Government and its officials, instead of the citizenry. Here is a sad, shameful, and condemnable account, of an Air Force Officer (AFO), who assaulted Destiny Arogunyo, not only causing him grievous bodily harm, but permanent damage to his health and well-being. Mr Arogunyo, was a normal, healthy young man, the breadwinner of his family, until the assault by the AFO. He has been unable to function normally, since the attack. His family has become impoverished, consequent upon having to bear astronomical medical expenses for his several operations and treatments. The most disgraceful and deplorable part of the incident, is that the Air Force has shielded the culprit AFO from justice. For over one year, the Air Force has refused to produce the AFO, so he can pay for his criminal violent act. Brutalisation of Mr Destiny Arogunyo, by an Ofﬁcer of the Nigerian Air Force On or about 22/4/17, at Diamond Bank Plc. on Ahmadu Bello Way, beside Legico Air Force Barracks, Victoria Island, Lagos, an eyewitness account, revealed that, while Mr Destiny Arogunyo was reversing his car, a wine coloured Volkswagen Sharon Car with Lagos State Registration Number LND 989 AW (the Sharon Car), driven by the AFO, entered into the Bank and hit Mr Arogunyo’s car from the rear. Typical of our law enforcement/security agents, who are mostly bullies, the AFO alighted from the Sharon Car, and went to meet Mr. Arogunyo in his car. In what could only be described as an arrogant manner, the AFO asked Mr Arogunyo, if he did not realise that he (Mr Arogunyo) had hit his car. Knowing full well that it was the Sharon Car that hit him from the rear, and was at fault, Mr Arogunyo did not respond, but stepped out of his car to check the damage done to his car. Upon seeing that Mr Arogunyo was about to get back into his car, the AFO asked Mr Arogunyo if he knew who he was. Mr Arogunyo in response, also asked the AFO, if he knew who he was. Mr Arogunyo’s response obviously did not go down well with the AFO, who, with full force and anger, then punched Mr Arogunyo who fell down from the sheer force of the punch, and hit his head on the concrete ground. He lay helplessly on the ground, neither able to talk, nor move his body. The AFO left him there, and went to his car. One of the passengers of the Sharon Car, walked to Mr Arogunyo on the ground and lifted him, but the AFO instructed him to “drop the fool there and

The wounded Mr. Destiny Arogunyo

let us go”. The passenger dropped Mr Arogunyo, entered the Sharon Car, and they drove off. Subsequently, Mr Arogunyo regained consciousness slightly for a few minutes. Barely able to talk, he was able to mention the name of his family hospital, so, passers-by who had witnessed the incident, rushed him there, that is, Reddington Hospital, Victoria Island, Lagos. Mr Arogunyo’s Severe Injuries Mrs Arogunyo was contacted, and she went to join her husband at the hospital. She narrated the events that followed. She stated that due to the seriousness of the injury on her husband’s head, an urgent Brain Computed Tomography Scan (CT Scan) was conducted on him, in order to facilitate a detailed neurosurgical evaluation. The CT Scan confirmed evidence of a traumatic brain injury, with extensive subarachnoid haemorrhage and left temporal bone fracture. In the immediate aftermath of the trauma, Mr. Arogunyo’s neurological state drastically deteriorated. This was as a result of the reduction in his level of consciousness, and temporary impairment, resulting from the fall. Consequently, Mr Arogunyo was admitted for neurological surgery, monitoring and treatment, at the Intensive Care Unit (ICU) of Reddington Hospital. He was on admission in the ICU for four days, before he was transferred to the High Dependency Unit (HDU) of the Hospital. After two days in the HDU, a further CT Scan was conducted on him. The result of the CT Scan, revealed that there was a left temporal-frontal bleed, which caused some pressure effect on his brain. As a result, an urgent decompressive skull surgery and blood clot evacuation, was performed on him. That was the second surgery, performed on Mr Arogunyo. As a result of turbulent post-operative surgery, caused by multiple organ dysfunctions after the second surgery, Mr Arogunyo was returned to the ICU, and later, to the HDU. Police Investigation Mrs Arogunyo reported the matter at the Bar Beach Police Station, Victoria Island, Lagos. The Police conducted investigation into the incident. In the course of the Police investigation, a Police Informant informed the Police that the AFO who punched Mr Arogunyo, was sighted in the Sharon Car at the said Diamond Bank Plc Branch, the scene of the incident. The Police mobilised to the scene. When they tried to impound the Sharon Car, the AFO stepped forward, and laid claim to the ownership of the car. When the Police attempted to arrest him with the car, he signalled to his fellow Nigerian Air force Officers inside Legico Barracks, and the Officers came out and forcefully prevented the Police from arresting him. The Nigerian Air Force Officers, told the Police that the man was an Air Force Officer,

and the Police would need to write to the Nigerian Air Force to release the man and the car, before he could be arrested. The Police wrote letters dated 22/6/17and 5/7/17, to the Commander, 005 Nigerian Air Force Camp, 1 Kofo Abayomi Street, Victoria Island, Lagos, to release the Officer. One Flight Lieutenant L.O. Ogbomah responded via a letter dated 7/7/17, on behalf of the Commander, that the Air Force was still conducting an investigation at the Unit level; and that the Officer involved had been posted to Makurdi, and was expected to return sometime in June, 2017. Nothing more was heard from the Air Force. The Air Force continued to shield their own. Since the Air Force did not cooperate with it, the Bar Beach Police Station later transferred the case to the State Criminal Investigation Department, Panti (SCID). SCID sent a letter dated 28/12/17 to the Nigerian Air Force, but the Air Force did not respond to the letter. Legal Action Pursuant to the instructions of Mrs Arogunyo, by a letter dated 11/12/17, the law firm of Mike Igbokwe (SAN) & Co., petitioned the Chief of Air Staff, Air Marshall Sadique Abubakar, and copied, among others, the Honourable AttorneyGeneral of the Federation and Minister of Justice (AGF), Minister of Defence and the Chief of Defence Staff. The Chief of Air Staff, responded to the Petition. The only correspondence received from the AGF was an acknowledgment letter dated 19/2/18, wherein the AGF stated that the matter was receiving due attention. The AGF is yet to respond to letters dated 23/3/18 and 6/7/18 from Mike Igbokwe (SAN) & Co. The Chief of Air Staff directed the Provost Marshall Investigation Group (PIG) of the Air Force, to investigate the matter. Sometime in January, 2018, a preliminary meeting was held with the PIG, led by one Captain E.K. Bagudu, at the PIG’s office in Ikeja, Lagos. After an initial delay caused by safety concerns for the eyewitness, the eyewitness testified before the PIG in April, 2018. The witness gave a detailed and convincing narration of the incident. At the end of the eyewitness’ testimony, the PIG stated that it would later conduct an identification parade, for the eyewitness to identify the AFO, but to date, it has not done so. After the testimony of the eyewitness, Mr Arogunyo’s Lawyers called the head of the PIG on several occasions, but the Lawyers were told that they would be contacted. On one occasion, the Head of the PIG, informed the Lawyers that the PIG had sent a signal to the appropriate authority to release the officer that brutalised Mr Arogunyo for questioning, before conducting an identification parade. Up till now, nothing has been heard from the PIG. Negative Resultant Effects of the Assault on the Arogunyos Despite the surgeries that have been performed on him, Mr Arogunyo’s health has not improved. The injury he sustained from the punch and the fall, affected the left hemisphere of his brain. The right side of his body, both his right hand and leg, are paralysed. He also lost his speech. Mrs Arogunyo had to resign from her work, to take care of her husband. While the Air Force continues to shield the AFO by making excuses, employing delay tactics and whatever other gimmicks are available to them, Mr Arogunyo’s business has collapsed due to his absence, as a result of his health challenges. This has caused severe hardship and a devastating effect on the Arogunyos, as their breadwinner can no longer fend for his young family. It has caused and continues to cause them, great discomfort, financial and emotional trauma. After the surgeries in Nigeria, with no

ONIKEPO BRAITHWAITE

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

“HAVING ESTABLISHED THAT THERE HAS BEEN A SERIOUS CRIMINAL OFFENCE COMMITTED, IT IS UPSETTING AND STARTLING, TO CONCEIVE THAT, THE NIGERIAN AIR FORCE HAS CALLOUSLY CLOSED RANKS TO PROTECT THE CRUEL AFO, AS HE IS SCANDALOUSLY BEING SHIELDED BY THE AIR FORCE”

improvement in his condition, Mr Arogunyo was taken to England, but due to the prohibitive cost of treatment, he had to be brought back to Nigeria, untreated. He was later taken to India, and subsequently, to the United States of America for treatment. Should the AFO be Allowed to go Scot Free? Bearing in mind the magnitude of the offence, contrary to laws including Sections 252 and 253 of the Criminal Code Act, and the trauma that Mr Arogunyo and his family are going through, it is disheartening that there has been little progress in this case. Having established that there has been a serious criminal offence committed, it is upsetting and startling, to conceive that, the Nigerian Air Force has callously closed ranks to protect the cruel AFO, as he is scandalously being shielded by the Air Force. The AFO, cannot be allowed to get away with his terrible crime. Apart from the criminal element of the AFO’s act, the Arogunyos deserve heavy financial compensation, not just specific damages for his treatment, but for other things, including but not limited to, the injury, trauma, and Mr Arogunyo’s loss of earnings for life, his care for life and so on. Today, it is the Arogunyos that this unfortunate incident happened to. Tomorrow, it could be you or me. If Nigerians can no longer depend on our law enforcement/ security agencies for security and justice, should the matter not be escalated to the International Courts of Justice, to compel the Nigeria Air Force to produce the AFO and to seek redress? I welcome views from you, my Readers. Thank you.

4/LAW REPORT

24.07.2018

Propriety of the EFCC Being Used as a Debt Recovery Agent

to the EFCC was made mala fide. With regard to the second issue, Counsel argued that the invitation by the EFCC, cannot be isolated from the earlier arrest and detention of the 1st Respondent by agents of the Appellant, and the intimidation suffered by him when the sum of N2,000,000.00 was forcefully obtained from him, while in the Police cell at the instance of the Appellant. He urged the Court to dismiss the appeal.

Facts

he relationship between the Appellant and 1st and 2nd Respondents, was that of Banker/ Customer relationship which dated back to 1994. The 1st Respondent, as the Managing Director of the 2nd Respondent, applied for a loan facility for the business of the 2nd Respondent. In 2003, the 1st and 2nd Respondents noticed some discrepancies, in the management of their account with the Appellant. They consulted a Banking Consultant – Trust Adjusters Nigeria Limited – who looked into the account and discovered that, the Appellant had illegally overcharged them to the tune of N10,776,921.12 as at March, 2004. Further to the mandate by the 1st and 2nd Respondents to the Consultant to recover the sum, the Consultant wrote to the Managing Director of the Appellant demanding the recovery of the excess charges. The parties thereafter, referred their claims and counter-claim to the Bankers’ Committee on Ethics and Professionalism, for Arbitration. While the dispute was pending, the Appellant subsequently reported the 1st Respondent to the Financial Malpractices Investigation Unit of the Nigeria Police Force, C.I.D. Annex, Lagos. Policemen from this unit went from Lagos to Port Harcourt to arrest and detain the 1st Respondent. He was not granted bail, until payment of the sum of N2 million was obtained from him, in favour of the Appellant, with a further directive that he appear before the unit in Lagos on 10th May, 2005. Consequent upon the foregoing, the 1st and 2nd Respondents approached the Federal High Court, Port Harcourt, where they sought and obtained leave to apply for the enforcement of their fundamental rights. While the suit for the enforcement of their rights was pending in court, the 1st Respondent received an invitation from the 3rd Respondent (EFCC) to appear in Lagos before its Officer in charge of Bank Fraud, on the issue of Bank Fraud/Diversion of depositors’ fund reported by the Appellant. The trial Court, heard and dismissed the suit. The 1st and 2nd Respondents appealed the decision to the Court of Appeal, which allowed the appeal and granted all the reliefs sought. This prompted the appeal by the Appellant, to the Supreme Court. Issues for Determination The 1st and 2nd Respondents, raised a Preliminary Objection to the competence of the appeal on the following grounds: (1) The two issues for determination formulated by the Appellant, were not tied to any of the seven grounds of appeal; and (2) The Appellant is not an aggrieved person under the circumstances of the case, to be entitled to appeal the decision of the lower Court. The issues for determination in the main appeal were as follows: (1) Whether the Court of Appeal was right, when it held that the complaint to EFCC by the Appellant vide letter dated 27th October, 2006, constituted an abuse of the process of the law, and was made maliciously to cover up fraud against the 1st and 2nd Respondents. (2) Whether the Court of Appeal was right, when it held that the invitation by EFCC to the 1st and 2nd Respondents, constituted an infringement or a likelihood of an infringement of their fundamental rights. Arguments Regarding the Preliminary Objection, Counsel for the 1st and 2nd Respondents opined that, the omission of Counsel for the Appellant had left the Court with the duty of having to scrutinise the grounds, to determine if the issues relate to them; hence, he urged the Court to strike out the issues formulated by the Appellant as being incompetent. On the second leg of the objection, he argued that the Appellant, though a party to the proceeding, was not affected by the decision of Court, and so, it could not validly appeal the decision. On the first issue in the main appeal, Counsel for the Appellant argued that, the 3rd Respondent, EFCC, is a law enforcement agency created by law to receive complaints and to prevent and/or tackle commission of financial crimes in Nigeria. He argued that, the Petition the Appellant wrote to the EFCC was a complaint of the unpaid balance on the account of the 1st and 2nd Respondents, which it urged the EFCC to thoroughly investigate the fraud involved. Counsel submitted that, such letter could not have been written to cover up fraud perpetuated by the Appellant, and that the letter was written without malice. On the second issue, Counsel posited that a citizen is not permitted to run to Court and ask the court to protect him from investigation by the Police or EFCC, in the guise of assertion of fundamental rights. Relying on IGBO PETER v ARC. GEORGE OKOYE & ANOR. (2002) 3 NWLR (PT. 755) 529, Counsel submitted that, until the 1st Respondent reports to the EFCC, he would not be able to ascertain if his fundamental rights to freedom of movement or person, will be infringed. Counsel for the 1st and 2nd Respondents on the other hand,

Hon. Sidi Dauda Bage, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 23rd day of March, 2018 Before Their Lordships Ibrahim Tanko Muhammad Kumai Bayang Aka’ahs Amina Adamu Augie Paul Adamu Galinje Sidi Dauda Bage Justices, Supreme Court SC.375/2012 Between Diamond Bank Plc .........Appellant And H.R.H. Eze (Dr.) Peter Opara Petro Continental Nigeria Limited Economic and Financial Crimes Commission.....Respondents (Lead Judgement delivered by Hon. Sidi Dauda Bage, JSC)

argued that reporting civil matters of this nature to the EFCC, especially after submitting their grievances to the Bankers’ Committee, amounted to an abuse of process, as the petition

“THE POWERS CONFERRED ON THE EFCC TO RECEIVE COMPLAINTS AND PREVENT AND/OR FIGHT THE COMMISSION OF FINANCIAL CRIMES IN NIGERIA, PURSUANT TO SECTION 6(B) OF THE EFCC ACT, DOES NOT EXTEND TO THE INVESTIGATION AND/OR RESOLUTION OF DISPUTES ARISING OR RESULTING FROM SIMPLE CONTRACTS OR CIVIL TRANSACTIONS, AS IN THIS CASE....ALAS! THE EFCC IS NOT A DEBT RECOVERY AGENCY, AND SHOULD REFRAIN FROM BEING USED AS SUCH”

Court’s Judgement and Rationale On the issues raised in the Preliminary Objection, the Court held that issues for determination are imperatively circumscribed or limited by the grounds of appeal, such that issues not encompassed in the grounds of appeal are incompetent and liable to be struck out or discountenanced. However, failure to tie issues to the grounds of appeal, is mere inelegance, which cannot render the issues incompetent, as the Rules of Court does not specifically state that counsel must indicate the ground(s) of appeal covered by an issue. UBN LTD v ODUSOTE BOOKS STORE LTD (1995) NWLR (PT. 421) at 563. Regarding the second issue in the Preliminary Objection, the Apex Court held that an aggrieved person as in the circumstances of this appeal, can be likened to a party interested in an appeal. The Appellant herein, was party to the suit from the trial Court. By the judgement of the Court of Appeal, the Appellant was restrained from disturbing, harassing and/or interfering with the personal liberty of the 1st and 2nd Respondents. This decision shows that the letter of invitation from the 3rd Respondent to the 1st and 2nd Respondents, was a consequence of the complaint made by the Appellant. It follows that the Appellant, is an aggrieved party in the circumstance. Deciding the main issues, the Court held that abuse of process involves circumstances and situations of infinite variety and conditions which may be occasioned by malice, bias and desire to misuse or pervert the system of administration of justice. SARAKI v KOTOYE (1992) NWLR (Pt. 264) at 156. Mere letter of invitation from the 3rd Respondent to the 1st and 2nd Respondents, does not without more, constitute an abuse of process of law or breach of fundamental rights. Given the peculiar circumstances of this case however, one would be inclined to think otherwise. The facts deposed to in the affidavit in support of the application for the enforcement of the 1st and 2nd Respondents’ fundamental rights, which were not effectively denied in the counter-affidavit, show that despite the pendency of the matter before Chartered Institute of Bankers’ Sub-Committee on Ethics and Professionalism based on the agreement of parties, the Appellant went ahead to report the matter to Financial Malpractices Investigation Unit Force C.I.D. Annex, Lagos. The 1st Respondent was detained, and made to part with N2 million to the Appellant before his release, without recourse to the directive of the Bankers’ Committee for parties to stay away from further action pending determination of investigations. In like manner, the Appellant further reported the matter to the EFCC. This, without a doubt, amounted to an abuse of process. The powers conferred on the EFCC to receive complaints and prevent and/or fight the commission of financial crimes in Nigeria pursuant to Section 6(b) of the EFCC Act, does not extend to the investigation and/or resolution of disputes arising or resulting from simple contracts or civil transactions as in this case. The EFCC has inherent duty, to scrutinise all complaints received carefully, and be bold to counsel such complainants to seek appropriate/ lawful means to resolve their disputes. Alas! The EFCC is not a debt recovery agency, and should refrain from being used as such. On the second issue, Their Lordships held that by the provisions of Order 2 Rule 1 of the Fundamental Right (Enforcement Procedure) Rules 2009, the facts and conditions required for the 1st and 2nd Respondents to sustain an action for the enforcement of their fundamental rights, are that their guaranteed rights have been, are being, or likely to be infringed. Going by the facts of this case where the 1st Respondent had earlier been harassed and detained at the instance of the Appellant, there is reasonable suspicion that his rights will be infringed, further to the letter of invitation by the 3rd Respondent, so as to be entitled to approach the Court for the enforcement of their rights. Appeal Dismissed. Representation: Ogochukwu Onyekwuluje Esq. for the Appellant K.O. Ozoukwu Esq. for the 1st and 2nd Respondents Ifeanyi Agwu Esq. for the 3rd Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

24.07.2018

NEWS/5

40TH ANNIVERSARY CELEBRATION L-R: Mr. Layi Babatunde, SAN, Mr. Dele Adesina, SAN, Chairman, NBA Ikeja Branch, Mr. Dele Oloke, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, Lagos State Solicitor-General, Mrs. Funlola Odunlami, Mr. Rowland Otaru, SAN, Mr. Femi Falana, SAN and NBA 2nd Vice-President, Mr. Monday Ubani during the courtesy visit to the Lagos State Attorney-General

Members of the Nigerian Law School Class of 1978 (‘the Golden Class’), at a dinner to commemorate the 40th Anniversary of their Call to the Bar held at Ladi Kwali Hall, Sheraton Hotel, Abuja last Saturday. Some Class Members include the CJN, Honourable Justice Walter Onnoghen, GCON (seated in the centre), Asiwaju Adegboyega Awomolo (also seated to the left in Agbada), OCJ Okocha, SAN and Professor Isabella Okagbue (standing first row, 1st and 3rd from the left), Minister of Budget Affairs, Senator Udo Udoma (standing first row centre, in a black suit), Obong Otu Medo (standing first row, 3rd from the right), Dr Olisa Agbakoba, SAN and Honourable Amina Augie, JSC (standing last row, 1st and 5th from the left)

Judiciary to Support the Repositioning of Nigeria Prisons Service – Kogi CJ Yekini Jimoh in Lokoja The Judiciary has reiterated its preparedness, to lend a helping hand towards the repositioning of the Nigeria Prisons Service. The Chief Judge of Kogi State, Hon. Justice Nasiru Ajanah, made this disclosure in his office, when he received Mr. Joseph Gankon, the new Controller of Prisons, Kogi State Command. Justice Ajanah noted that, the fortune of the Prison formations in the country, and particularly those of the State, deserve a well-tailored attention, to completely overhaul its operational modalities. He however, commended the leadership of the organisation, for making concerted efforts to review its operations, even as he observed that a lot was still desired, considering the condition of prisons and those of the inmates across the country. While appreciating that the Judiciary and the Nigerian Prisons Service have been partners in progress, he said he welcomed the new Controller with open arms, promising to continue working with him as he has done with his predecessors. “I welcome you to the State. We have had a fantastic relation-

ship with the Prison Service in the State. We have had a lot of cooperation between us, because we both work together on issues of persons in detention. "We had intervened, when informed of problems with bringing accused persons to court. We have tried our possible best to assist in that area, and will continue to do so if we can”, he said. On the congestion of the prisons, he disclosed that the courts were putting in their best, to speedily try criminal cases before them. He noted that, the domestication of the Administration of the Criminal Justice Act 2015, through promulgation of the Kogi State Administration of Criminal Justice Law 2017, was already making impact on the trial of cases in the State. Towards this end, he informed the Controller of Prisons, that the State Judiciary’s annual ritual of embarking on the prison decongestion exercise in the State prisons, will be embarked upon before the end of the year. He said the process has been potent, in decongesting prisons

in the State, as it serves as an avenue to review the cases of awaiting trial inmates, and give a vista of hope to those wrongly detained. In addition to the decongestion exercise, the Chief Judge also promised to draw the attention of the State Government to the plight of the Prison formations in the State, while noting that the prisons deserve to be constantly hygienic and safe. He said: “We have the intention to visit the prisons, to review the cases of those awaiting trial that are in detention, as we do annually. But, we hope to do that, on our resumption from our annual vacation. And to ensure that our Prison formations are kept in good condition, I will try to encourage the State Government, to assist where possible”. Earlier, the new Controller of Prisons told the Chief Judge, that his mission in Kogi State is to further ensure that the Prison Service maintains its place of pride among the paramilitary organisations in the State. He said what informed his visit to the stakeholders in the

State, was to appreciate their roles, and introduce them to the decision to reform and smoothen its service delivery mechanisms. He observed that, even though it was his first posting to head a command, but having been serving at the headquarters, his field experiences would be amply deployed to the benefit of the State within the ambit of the law, while also soliciting the Chief Judge's support. “Though I have being at the headquarters in Abuja in the past, and now in a new field, I promise to always do just as is expected of the law. We will depend on you for what we do, by following the laid down regulations and making the State very comfortable for all”, he said. The new Controller has been the head of strategic units of the Service in the past, becoming a former Commander of the Prison Arm and Training School, Owerri; the former Commander in charge of the Assault Unit of the Service; Controller in charge of Operations, and a one-time Squadron Commander in charge of arms.

Lawyers Urged to Join the Fight Against Corruption Akinwale Akintunde Lawyers in the country have been urged to join the fight against corruption. Former Secretary General of the Catholic Secretariat of Nigeria, Rev. Fr. George Ehusani, who made this call last week at the 4th Annual Dinner of the National Association of Catholic Lawyers (NACL) Lagos Archdiocese, said that if Lawyers fail to join the fight, the nation might be heading towards anarchy. Ehusani said Lawyers must be ready to pay the price for peace, and work not only for the elites, but must be ready to champion the case of the homeless, destitute, impoverished and the oppressed. Speaking on the theme: ‘The Christian and Politics: The Way Forward’, Ehusani noted that Lawyers must be at the forefront of creative engagement and social engineering in the country, on how to address the

scourge of corruption. Also speaking at the event, former Lagos State Chief Judge and Chairman of the occasion, Justice Ayotunde Phillips, stressed the need for Lawyers and everybody, to collect the Permanent Voters Cards (PVC), and participate in the 2019 election. “Your vote is very important, and come next year, we should go out and vote for the person we think is the best man or woman for the job. We cannot keep complaining, and be led by these people who just do what they like. So, if you have your PVC, you have your future in your hands”, she said. Earlier, in her Opening remarks, NACL President, Geraldine Wey said: “Recent events in our country, show that we can no longer afford to leave the responsibility of choosing our leaders to chance. It is apparent that, so much of what happens to us as Nigerians and indeed as Christians and Catholics, will be determined

by who leads us at different levels; Local Government, State or National, and in all sectors such as Education, Health, Security, Finance, Agriculture, Business, among others”. On her part, Chairperson, Dinner Planning Committee,

Mrs. Obele Akinniranye, said that until Christians, and most especially, Catholic Lawyers, start to place themselves, or at worst, influence those who are placed in elected offices, the miserable situation on ground would not change.

Lagos AG Pledges to Support NBA Technologically, to Improve Service Delivery Akinwale Akintunde

sociation. “As such the Bar would be Lagos State Attorney-General engaged to play a major role in and Commissioner for Justice, the review of some of the laws Mr. Adeniji Kazeem, has in the State, for example the promised to lend his support Tenancy Law, which is under the Nigerian Bar Association review at the moment. “As a critical stakeholder, (NBA) in whatever way he can, in order to improve service the Bar is contributing to law making, and will ensure that delivery. Kazeem made the promise people are afforded with a ballast Tuesday when the newly anced output in laws enacted elected executives of the NBA as a result of their participation Ikeja Branch, led by its Chair- in the law-making process”, man, Mr. Dele Oloke paid a Kazeem said. Earlier, in his remarks, NBA courtesy visit to his office at the Ministry of Justice, Alausa Ikeja Branch Chairman, Mr. Dele Oloke, pledged the Secretariat, Ikeja. Senior members of the Branch Branch’s preparedness to including Mr. Femi Falana, SAN, partner and engage with the Mr Layi Babatunde, SAN, Mr. State Government, with a view Roland Otaru, SAN, Mr. Dele to ensuring that social justice Adesina, SAN and Mr Monday for all is realised. “We are ready to always Ubani, were also present during partner and engage the the courtesy visit. The Lagos Attorney-General Government on all issues while expressing his gratitude of concern, rather than fight to the New Executive and the government. NBA is a Pressure Branch Elders for their visit Group of note, that should and congratulatory messages, be seen as a partner in pledged the full cooperation of progress, to assist Government the Ministry towards ensuring in ensuring justice for all”, the successful tenure of the Oloke noted. The Bar Chairman congratuExecutive. He also reiterated the use of lated the Attorney-General on technology to improve service his recent elevation to the delivery and justice administra- position of Senior Advocate tion in Lagos State, adding that, of Nigeria, and called for more the Lagos State DNA Forensic assistance from the Governlaboratory and Criminal Data ment in providing a suitable Information System will assist platform for Lawyers in private in crime detection, prosecution practice, to profitably practice and adjudication in the State. their profession. The Senior Advocates at Kazeem said he has the full backing of the State the meeting, welcomed the Government, to key into the Attorney-General to the Inner programmes of the Bar As- Bar, and praised the Ministry of Justice for its many achievements under his leadership. According to Mr. Dele Adesina, SAN, the Ministry is a trail blazer in the area of Mediation as a credible alternative to Litigation, as Sheikh Sadiq Afolayan and such, more should be done Rev. Canon Stephen Adeyemi to encourage resolution and of St. Paul Anglican Cathedral mediation. On his part, Mr. Femi Falana, Church, Omu- Aran. Makanjuola explained SAN commended the State that the rationale behind the for its reforms in Justice Supreme Court's verdict, is Administration, describing that the rule of law must be the State as a Pacesetter. He however, urged the adhered to at all times, no matter whose interest is at Government to extend the reform in the Justice Sector stake. Makanjuola said, "I'm to the Customary Courts, and a Legal Practitioner of 20 advised that Senior Lawyers could be employed into the Customary Courts. CONTINUED ON PAGE 13

Saraki’s Acquittal, Best Judicial Legacy of Our Time, Makanjuola Hammed Shittu in Ilorin The Deputy Chief of Staff to the President of the Senate, Hon. Gbenga Makanjuola, has said that, the nation's judicial system had set one of the best legacies, with the discharge and acquittal of Dr Abubakar Bukola Saraki, over alleged false assets declaration, at the Apex Court of the nation. Makanjuola, a Lawyer, said the Supreme Court's judgement, which dismissed the

allegations against Saraki, was an indication that the Judiciary remains the last hope of the common man. Makanjuola spoke in Omu-Aran, Irepodun Local Government Area of Kwara State, on the sidelines of a thanksgiving prayer he organised to commemorate the victory of the Senate President at the Apex Court. The interdenominational prayer was officiated by the Chief Imam of Omu- Aran,

24.07.2018

Vote Candidate with Leadership Qualities as NBA President, Alegeh Urges Lawyers Akinwale Akintunde The immediate past President of the Nigerian Bar Association (NBA), Mr. Augustine Alegeh, SAN, has advised Lawyers to ensure that they vote a candidate that has the leadership qualities to carry the Bar at this stage, as President. Ahead of the 2018 NBA election scheduled to hold later this month, Alegeh said failure to have a President with integrity and foresight, will lead to the NBA losing its relevance at the national level. Speaking to journalists at his Lagos office last Friday on the state of the nation, Alegeh said he has looked at all the candidates for the next election and he strained to see how the Bar can be moved forward. “We are in an election season, and it is the critical time for the Bar. The Bar must vote a candidate that has the leadership qualities to carry it at this stage. “Let us forget about the internal issues of the NBA. If we do not have a President with integrity, a President with foresight, then NBA could lose its relevance at the national level. These are critical issues. “I have looked at all the candidates, and I strain to see how we can move the Bar forward. But we have to see how we can make the best of the situation. No candidate at every election, is perfect. “But everybody who is meant to vote, must vote for the candidate that has the basic rudimentary understanding of what the NBA is. We have candidates, who have no idea of what NBA Constitution says at all. “Our Constitution says there is universal suffrage; our Constitution says there’s zoning of offices. What are we trying to achieve? If an office is zoned to the Midwest, it is already zoned to the Midwest, so anybody who wins from Midwest makes it work.

“But how do you then merge your universal suffrage with zoning? For me, the concept, the idea of adoption of a candidate from that zone, is totally against our Constitution. So, when I see a particular candidate labouring under a total misunderstanding of the Constitution, I’m baffled. “What the Constitution says is that, if it is zoned to the Midwest, Midwest give us your best, then let us exercise our rights to vote. But when a candidate is saying you must adopt me first, if everybody adopts that candidate, then where is your universal suffrage? “And there is an assault on universal suffrage, a lot of people who I see pushing zoning and adoption now, never supported universal suffrage. And my point to them was, if you don’t support it, put it in a Memo and send to the Committee, don’t come to the Bar. “And what is the issue that, a junior Lawyer cannot become President? Is the man not paying his practicing fees? Can we not have free choice? How old is Macron? Is he the only man in France? When Macron became President he was the youngest, now we have a 31 year old somewhere as President. So, the point I’m making is that, this parochial thinking that only the old ones have the idea of how to run the Bar, is wrong. Where does the future of the Bar lie?”, Alegeh asked. The former NBA President also appealed to the incumbent President, A.B Mahmoud, SAN, to save the Association from the looming leadership crisis. According to him, though overcoming the NBA present challenges is not a fight for one man but a fight for all, “if the NBA falls, something will shake. When NBA had crisis in the past, we know what happened. And some key players involved in former crisis, are still involved in this election. “So we have to be very, very careful, because

Augustine Alegeh, SAN

we have no other Bar to go to. The Bar is our own; we cannot run away from the Bar. And there is no country without vibrant Bar Association, that can develop or make a success of democracy.” On the issue of State Police, the Senior Advocte said, “we need to interrogate the question of State Police, its pros and cons. “Firstly, we are coming from a Federal system. Let us take Ekiti as an example, assuming Ekiti has State Police, and we are having an election in Ekiti State; and Federal and State Police are involved in the election in Ekiti, what would have happened? “The point I'm making is, we need to look at what the challenges are. “We need to have a balance, no one will give us a total solution, but we need to look at what we really want. If we want State Police, let us

start. If we start State Police, it will probably be like the Lagos State Traffic Management Authority (LASTMA); it will have its teething problems, they will be overzealous, they will do the wrong things, but eventually as they mature they will get better and better. “If you have State Police, and you have Federal Police, assuming a State equips its Police better than the Federal Police, you might be having shoot outs regularly. Because the States might decide that, even for Federal offences, that they are people who they are protecting. So, we need to have a fair balance. Those are the challenges. State Police is neither here nor there. It may work, or it may create more problems. So, we have to be wary in making our choices. We must make our choices to solve today's personal needs, we must look at the implications going forward”, Alegeh advised.

Legal Personality of the Week Mrs. Sandra Nneka Umeh-Daraojimba

‘Hard Work Spiced with Prayers, makes a Successful Lawyer’ because I had forgotten to put it on silent mode. The court orderly and registrars immediately walked up to me, seized my phone, and switched it off. So, even when I was done with my cases in court, I was literarily held hostage until the court rose, because I needed to collect my phone. It was a very bad day for me because, I missed several important business calls. The lessons of that day, were however, well learnt.

I am Mrs. Sandra Nneka Umeh-Daraojimba and I hail from Ihitenansa in Orlu Local Governmen Area of Imo State. I graduated from the Benue State University, Makurdi, from where I obtained an LL. B (Hons) with a second class upper division, and attended the Nigerian Law School, Lagos Campus, and was subsequently called to the Bar in 2010. I also obtained a Diploma in French from the Village Francaise au Nigeria in 2009. I observed the compulsory NYSC programme, at the Legal Department of the National Agency for Food and Drugs Administration and Control (NAFDAC). I am currently a Senior Judicial Correspondent, with The News Agency of Nigeria (NAN) Lagos. I am married to Mr Emenike Umeh, and we are blessed with three lovely children. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? My most remarkable challenges as a legal practitioner, were in the early days of my legal practice. I remember a few months after my call to Bar, I was approached for legal assistance by a client, whose landlord had threatened to throw him out of his house, and my client had required that I draft a response to his landlord, especially as his rent had not expired. At the time, I was always at loss for the appropriate terms to use in my legal writing, and I always tried hard to embellish my legal drafts with convincing words, which sometimes left

Mrs. Sandra Nneka Umeh-Daraojimba

me more confused! My rookie nature as a new wig, often "sold me out" whenever I appeared before Magistrates at the time, as they could not help but notice my almost visible "cold feet". During those times, going to court, for me, required practice. What was your worst day as a Lawyer? My worst day as a Lawyer, was when my mobile phone rang out so loud in court,

What was your most memorable experience as a Lawyer? One of my most memorable experiences as a Lawyer, was the day I was honoured with a seat in court, by a Federal High Court Judge. I had come to court and found no vacant seats, so I was standing with others as is often the case in court. Then, mid way into her proceedings, the Judge beckoned on me from the "mini standing crowd", and offered me a sitting position in front of her registrars. I was "happily embarrassed" with the offer. I kept asking myself quietly, "but why only me out of many others"? Who has been most inﬂuential in your life? I must give kudos to my father, Chief Aloysius Emeka Daraojimba (JP), for occupying that vantage position in my life. My father has been so instrumental to my career successes; he remains a mentor and role model to me, someone I will always

describe as an embodiment of fatherly virtues. Why did you become a Lawyer? First of all, I will describe myself as being very passionate about people's rights and liberties. At the tender age of 10 years, I recall vividly how I would cry, when I watched some television programmes, and see people being imprisoned unjustly. More over, I have a huge belief in giving people a second chance, and being a defender of others. I am also an orator, who loves to address the public and so, as a youngster, I would always leap with joy, at the thought of having to address a Judge in court and before a large audience. Generally, I belong to the sanguine class. What would be your advice to anyone wanting a career in Law? My advice is simple, hard work! Every prospective Lawyer, must imbibe the virtue of hard work, that's the only key to success. Hard work spiced with prayers, does the magic. If you had not become a Lawyer, what career would you have chosen? If I were not a Lawyer, then, I would have probably been a Lecturer. I have always loved to address the public. Where do you see yourself in ten years? I certainly will be where God Almighty wants me to be, at the time. Everything in His own time!

24.07.2018

TRIBUTES/7

Passage of a Quintessential Jurist Learned Senior Advocates, Professor Epiphany Azinge and Chief Sebastine Hon, pay tribute to the late Honourable Justice Aloysius Katsina-Alu, GCON, the 12th Chief Justice of Nigeria, who joined the Saints Triumphant on July 18, 2018 at the age of 76. They both attest to his brilliance, integrity, high sense of comportment, and immense contributions to the development of law and the administration of justice in Nigeria. May his soul rest in peace. Amen

hen the news broke of the passing of Hon. Justice Aloysius Katsina – Alu (Former Chief Justice of Nigeria) on 18th July, 2018, it was obvious to me that our nation has lost a great jurist, a personable personality, and a judicial reformer.

I recount with gratitude and deep sense of nostalgia, the support he gave to me as Director General to invite the Hon. Justice P. Bagwatti, former Chief Justice of India, to Visit Nigeria on April 21st, 2010 and address Justices of the Supreme Court of Nigeria on how India through the instrumentality of the law, made the equivalent of Chapter two (2) of our 1999 Constitution justiciable and enforceable. Hon. Justice P. Bagwatti till date is the first and only person to be inducted to the HALL OF FAME of Nigeria Institute of Advanced Legal Studies.

His Demeanour His ever calm demeanour, disarming smile and patrician good looks, belied the fact that he had a military background. He never betrayed his emotions, but allowed his soft spoken words to convey his message, which often was laden with coherent logical postulations. He was a Judge who dominated and controlled his court. Even at that, he was courteous, friendly, firm, courageous and had mastery of the subject-matter. No one who appeared before him was ever in doubt of his robust intellect, profound knowledge of the law, penetrating logic, command of English language, and his sense of humour. His judgements were no less profound, and many can attest to his strict adherence to the tenets of justice and rule of law.

As Chief Justice of Nigeria It is common knowledge that Hon. Justice Katsina–Alu’s tenure as Chief Justice of Nigeria, was blighted by controversies that I am not competent to comment upon. What is however, instructive, is the way and manner he rode the storm, during and after his tenure as Chief Justice of Nigeria. It must be said that he preserved the dignity of the office of Chief Justice of Nigeria, even more out of office than in office. For me, that is a mark of character and nobility. He kept a respectable distance, and refused to engage or swim in the mud thrown at him. He was far from the maddening crowd, never descended into the arena, and was never willing to dance naked in the market square. In so doing, he did not compromise the office of the Chief Justice of Nigeria - thus preserving the sanctity of that office for his successors. It is now for history to judge whether or not, he was right or wrong in his actions and conducts. In all, I believe that history will be kind to him. Hon. Justice Aloysius Iyorgyer Katsina-Alu, now belongs to the ages and the pantheon of legends of our legal profession. His memory lingers on, and his judgements will continue to speak to us for a very long time. As all humans, he was certainly not infallible, but his contributions to the growth and development of law in this country, is second to none. He will be sorely missed. May his soul rest in perfect peace. Professor Epiphany Azinge, SAN, OON.

As Chairman of the NIALS Governing Council My close contact with my lord, Hon. Justice Aloysius Katsina-Alu began in 2009, shortly after my appointment as Director General of Nigerian Institute of Advanced Legal Studies in May 2009. He was the Chairman of the Governing Council of the Institute until his appointment on the 30th of December, 2009 as the Chief Justice of Nigeria. As is customary of the Institute, we usually propose and research on a theme relevant to a sitting Chief Justice of Nigeria, and dedicate the output to him or her. In the case of Hon.

12th Chief Justice of Nigeria, December 30, 2009 – August 28, 2011, Honourable Justice Aloysius Iyorgyer Katsina-Alu, GCON

Justice Aloysius Iyorgyer Katsina-Alu, the theme was Administration of Justice and Good Governance in Nigeria (Essays in honour of Hon. Justice A.I. Katsina – Alu, GCON, Chief Justice of Nigeria). In my preface to the book, I wrote as follows; “This book is a tribute to the Honourable Justice Aloysius Iyorgyer Katsina-Alu, GCON, FNIALS, the Chief Justice of Nigeria, who whilst he was Chairman of the Institute’s Governing Council,

displayed fatherly support and unalloyed commitment to the progress of the Institute. Although relatively short, his stint as head of the Nigerian Judiciary, witnessed landmark developments in law and the administration of justice. During his stewardship Hon. Justice KatsinaAlu brought to bear a wealth of experience and commitment to service”.

Katsina-Alu: Exit of a Quintessential Jurist

n the early hours of July 18, 2018, the cold hands of death snatched former Chief Justice of Nigeria, Hon. Justice Aloysius Iyorgyer Katsina-Alu, GCON, undoubtedly one of the finest legal brains in Nigeria. His Noble Lordship, to put it in better words, joined the saints triumphant on that day, when he was just a few steps to his 77th birthday. His Lordship’s Origins The starting point really is: why the name “Katsina”? A Judge of the Federal High Court once asked me this question a couple of years ago – since, according to him, “Katsina” State is in the far north of Nigeria. I wasted no time in explaining to him that, Chief Alu, his Lordship’s father, was a middle-class trader during his time, from whom many in the neighbourhood and even from the near-distant places, trooped to, for thrift borrowing. From Tse-Alu to the then sprawling village (now town) of Katsina-Ala, also in Benue State, Chief Alu was an itinerant trader. So, on some of those occasions when borrowers or other beneficiaries of his large heart came, they were told Chief Alu had gone to Katsina-Ala to trade. That was how those people, gradually started coining his name to be “Katsina-Alu.” In other words, they arbitrarily added “Katsina” to his name, just because he was always going to Katsina-Ala for business. Education

Born in 1941 at Tse-Alu, Ushongo Local Government Area of Benue State, Justice Katsina-Alu cut his teeth early as an astute scholar, when he came out with the first grade in the final exams at the Mount St. Michael’s Secondary School, Aliade, Benue State. His mates at the school, included the Prelate of the Catholic Church and Archbishop of the Abuja Diocese of the Church, Bishop John Olorunfemi Onaiyekan. In April 1962, his Lordship enrolled in the Nigerian Military Training College, Kaduna; but, he later switched to the Mons Military Training Academy, Aldershot, United Kingdom. This was in November, 1962. His stay at this Military Training College, was also very short, as he gained admission and left to study law at the Ahmadu Bello University, Zaria, in 1963. A year later, he moved to England again, and completed his law degree and was called to the English Bar in 1967. Upon return to Nigeria, he was called to the Nigerian Bar in 1968. His Lordship’s Career He had a brief stint in Lagos, where he worked with the Nigerian Ports Authority as its Legal Officer, and was later appointed the Attorney- General of Benue State in 1978. Just a year thereafter, he was appointed a Judge of the Benue State High Court. He was later elevated to the Court of Appeal, where he served until 1998, when he was elevated to the Supreme Court.

On December 30, 2009, he was inaugurated as the 10th indigenous Chief Justice of Nigeria. He retired, having reached the statutory 70 years, in 2011. For those of us who knew the late Justice Alu, we can boldly say he was an introspective, but fearless personality. He once told me of his encounter with a white instructor at the Mons Military Academy in England, who wanted to bully him, just because he was black. The young Alu stood his ground; and when the matter was escalated to higher authorities at the Training College, he was vindicated, and the instructor reprimanded. Worsening racial prejudices, made young Alu return to Nigeria and commence a course in law at the ABU, Zaria.

No matter what was said and is being said concerning the Justice Ayo Salami saga, Justice Katsina-Alu, I must say, maintained a dignifying silence till death! This is how a Judge or Jurist, should conduct himself! He never granted press interviews or issued press statements. He did not play to the gallery. He merely relied on the evidence of Justice Dahiru Musdapher, the only person who was said to be present when the alleged attempt to obstruct justice was made by Justice Katsina-Alu – and of course, Justice Musdapher told the whole truth! At the end of the day, the quintessential Jurist, Justice Alu, was vindicated! Even though I know so much about the facts of this unfortunate saga, I would not want to reopen them now – out of respect for the late Jurist.

His Lordship: The Person A man with a very kind and large heart, Justice Katsina-Alu maintained a very cordial relationship with both his colleagues on the Bench, and with his subordinates. As Presiding Justice of the Court of Appeal in Port Harcourt, he had a very wonderful working relationship with his brother Justices, while also condescending to personally attend to the problems, official or family, of the staff working under him. These character traits, being natural, were replicated at the Supreme Court when he was elevated. This assessment, with respect, is verifiable.

Landmark Decisions The late Justice Katsina-Alu, undoubtedly, handed down landmark decisions, while sitting on the Nigerian Bench. A few of them will be adumbrated here. In ATTORNEY-GENERAL OF CROSS-RIVER STATE v ESIN (1991) 6 NWLR (Pt. 197) 365 C.A., the Respondent, a Judge of the Cross River State High Court, was also the Chairman, Governing Board, of a private secondary school. He was told of a rumour being circulated by the school principal against him, against which he wrote a strong worded letter

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Buhari’s Visit to the ICC: How Ironic The Nigerian Human Rights Community, are up in arms over the invitation of President Buhari to the International Crime Court’s celebration of the 20th anniversary of its Rome Statute, in light of the dismal and despicable human rights record of this administration, and its ﬂagrant disobedience of court orders. Human Rights Activists have urged the Court to task Buhari, on documented abuses of human rights in Nigeria, particularly against the backdrop of the US Department of State 2017 Human Rights Report, which catalogued issues of extrajudicial killings; disappearances, and arbitrary detentions and torture, particularly in detention facilities in Nigeria, under this administration. So what was the rationale behind Buhari’s invitation to the ICC? In whose interest, was he invited? Did he deserve to be invited? What was the agenda? How will the Court score Buhari’s human rights record at the end of his tenure? International Law Experts Emmanuel Onwubiko and Francis Moneke, interrogate the issues ﬂowing from Buhari’s ICC visit

The ICC’s Unconscionable Dalliance With Buhari Emmanuel Onwubiko

What is the ICC? he International Criminal Court (ICC) in the Hague, Netherlands, is a global legal forum, whereby the most atrocious types of crimes against humanity which are left unattended to in their nations of origin, are prosecuted. Since coming into being however, the Rome Treaty setting up this world court, has encountered teething legitimacy crises, including the refusal of the world's Super powers like the United States of America, to recognise it. Criticisms Although it is affiliated to the United Nations, the ICC has since the two decades of its existence, come under the crucible and strident criticisms of persons who say that it has become an arena of witch hunting, targeting largely leaders of the developing world. Those who think the ICC is against less developed societies, have persistently cited the inability of the court to bring any western leader of significance to trial, even when there are suspected cases of war crimes committed by some leading military powers in the world. Examples For instance George Bush of USA and Tony Blair of Britain, constituted allied forces that bombed Saddam Hussein of Iraq under the false claim that he had weapons of mass destruction, but these weapons were never found. However, Iraq was destroyed, and Saddam Hussein was dethroned and killed. Cases in point, in which the ICC has failed to completely come clean from allegations of inbuilt weakness to bring perpetrators of war crimes to trial, include atrocities committed by world leaders that deployed military troops to fight terrorists in the Middle East and in Afghanistan. In Afghanistan, a few months back, during the Obama regime, a US military jet had dropped bombs on a hospital facility, leading to several fatalities. However, most other people applauded the ICC for stepping into the cases of war crimes in Kosovo, the former Yugoslavia, and in some

Buhari’s ICC Visit - A Missed Opportunity to Address Serious Human Rights Challenges in Nigeria Francis Moneke

African Nations including Liberia. For some of us practicing human rights promotion and protection, in a systematically endangered democracy like Nigeria, we have continued to give our unqualified support to the ICC, even when we also express the optimism that soon, the global crime court will enjoy the support of a great world power like the United States of America, since it is a pivotal leader of the Security Council of the United Nations. It would be recalled vividly that, the preamble to the Charter of the United Nations and Statute of the International Court of Justice states as follows: “Determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom...." Description of War Crimes Writing under the title of “The Expanding Frontiers of Justice: The Challenges of Global Justice,” a retired Supreme Court Justice in Nigeria and former Chief Justice of the Gambia, Emmanuel Ayoola, unambiguously stated the grievous nature of war crimes, and why such a forum like the ICC, is essential. His words: "What an international crime is, is better appreciated by description, than by definition. One suggested characteristic, is that an international crime is not against a State, but against individuals. That, however, may be a misleading statement, unless clarified". Retired Justice Ayoola further averred that, the interest affected by an international crime, is the interest of the international community, even though its direct consequence is felt by the individual who has been made the bearer of rights and duties in the international society. Another description of war crime, he said, is that the category of conduct classified as international crime, has the following characteristics: (1) It is so serious as to be of concern to all nations, and not just to the State in which it occurs. (2) Individuals guilty of it, incur criminal responsibility under international law. The ICC has however, been swimming in the

President Buhari with some of the ICC Judges

bad tides and indeed, in the band wagon of controversy and credibility questions, even when there is clear evidence that some past leaders have had to be sentenced to life imprisonment for their crimes against humanity, such as the erstwhile Liberian President, Charles Taylor. It would be noted that it was Nigeria under then President Olusegun Obasanjo, that handed over Charles Taylor to the ICC. Perhaps, this salutary role of the Nigerian Government, has yielded fruit in the emergence of a Nigerian to head the ICC. Chile Ebie-Osuji: President of the ICC This news of the making a Nigerian head of the ICC, happened around March this year, just as the news that broke was that a Nigerian Lawyer, Mr. Chile Eboe-Osuji, had been elected the President of the International Criminal Court, The Hague, Netherlands. According to information on the ICC’s website, Eboe- Osuji was elected President by his fellow Judges on the ICC Bench, at a plenary session on Sunday, March 11, 2018. He will head the Court for a three-year term, ending in 2021. Fifty-five-year-old Eboe-Osuji, who joined the ICC on December 16, 2011, will be working in his position as the ICC President, alongside Judge Robert Fremr, from Czech Republic; and Judge Marc Perrin de Brichambaut, from France, as the First and Second Vice-Presidents of ICC, respectively. Eboe-Osuji, was quoted as saying that, he was “deeply honoured to have been elected by my peers, as President of the International Criminal Court.” He said, “As I take up my duties, I feel

encouraged that I am able to rely on the wide experience of the two Vice- Presidents, Judge Robert Fremr and Judge Marc Perrin de Brichambaut, both of whom I have closely worked with previously. “I look forward to working together with them, as well as with all the Judges, all the officials and the staff of the Court, in a spirit of collegiality. “I also look forward to collaborating with the Assembly of States Parties, civil society and the international community at large, acting together to strengthen and reinforce the Rome Statute system, the 20th anniversary of the adoption of which we celebrate this year.” Eboe-Osuji, comes from Anara, Imo State. Eboe-Osuji’s Faux Pas However, this newly appointed Head of ICC, began his job very badly, by paying political visits to Nigeria whereby he reportedly met President Muhammadu Buhari and other politicians. He uttered no word regarding the stories and verifiable cases of atrocious mass killings going on all around Nigeria, which the Government of President Buhari has failed to stop. As if that disappointment of this international

“THE ARMY HAS SYSTEMATICALLY CLEARED PEOPLE FROM THE COUNTRYSIDE, BURNING THEIR VILLAGES AND PACKING THEM INTO SQUALID CAMPS IN MAIDUGURI AND OTHER ‘GARRISON TOWNS’”

jurist dancing naked dangerously, in the political arena by paying a political visit to Abuja was not enough, the Nigerian Presidency would now proceed few weeks after this politically tainted visit by the new President of ICC, to harvest spectacular public relations objectives from the office of the Presiding Judge of the ICC, who was said to have invited President Muhammadu Buhari to speak at the 20th anniversary of this global legal forum, which should combat genocides. The Buhari Administration’s Failure of Human Rights Compliance Test President Buhari has therefore, celebrated his invitation by the ICC as a validation of his Government, when in fact, this current administration has on many fronts failed the simple test of human rights compliance. a) Amnesty International Amnesty International, several civil rights bodies, and the United States' Government, have all indicted President Buhari’s Government of human rights violations. President Donald Trump accused Buhari of allowing armed Fulani militia, to slaughter thousands of Christians in the North of Nigeria. Amnesty International has also documented huge scale evidence of crimes against humanity, committed by Nigerian soldiers who were sent by President Buhari to crush unarmed civilians in the South East of Nigeria, who were clamouring legitimately for self-determination; just as on the last count, over 600 people were slaughtered, including young men and women from the Local Government Area where this President

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Ostensible Reason for Buhari’s ICC Invitation he recent invitation of President Muhammadu Buhari to deliver a keynote address at the 20th anniversary of the International Criminal Court (ICC), was obviously a golden opportunity for the Nigerian President to volunteer or present to the Court and the world at large, some clarifications as to his administration’s engagement with the spiralling human rights violations that has assumed a frightening dimension of crimes against humanity. The relentless and widespread orgies of violence masterminded and perpetrated by the Boko Haram terrorist group and, more recently, the dreaded Herdsmen, leading to brutal carnage or massacre of thousands of innocent and defenceless citizens in the past few years, have no doubt shocked the conscience of the civilised world. The ICC currently headed by our own son, the Honourable Justice Chile Eboe-Osuji as President, apparently needed to know what President Buhari as Commander-in-Chief is doing, to checkmate this wanton bloodletting in Nigeria. Indeed, it must be giving the ICC President sleepless nights, that his own country is riddled with recurring instances of systematic, unbridled and unaccounted attacks on the civilian populace. Unfortunately, it seemed that President Buhari was not properly guided by his obsequious advisers, and thus, led into the erroneous belief that the ICC invitation was another feather in his cap, being the only Head of State so invited; apparently suggesting to the President, that the Court had become enamoured with his exemplary leadership and enviable human rights records. President Buhari’s Submission at the ICC It was therefore, very surprising that President Buhari, rather than first of all addressing the situation in Nigeria as it relates to the jurisdiction of the ICC, went the route of encouraging the court to embrace a culture of judicial activism, that would enlarge the frontiers of its jurisdiction to extend to anti- corruption matters, as an adjunct to the principle of accountability for

grievous crimes. Hence, PMB submitted eloquently in his keynote address as follows: “A strong and effective ICC, has the potential to send a powerful message about the international community’s commitment to accountability, a message that will be heard by both victims and perpetrators. Equally, a strong and effective ICC, demonstrates the international community’s commitment to the rule of law. A strong and effective ICC, can also act as a catalyst for other justice efforts, expanding the reach of accountability. These could include serious cases of corruption by State actors, who severely compromise the development efforts of countries and throw citizens into greater poverty. These would also include cases of illicit financial flows, where countries are complicit and obstruct repatriation of stolen assets. As the African Champion on Anti-Corruption, these are issues dear to my heart”. To say the least, President Buhari’s foregoing submission, presented a very brilliant, cogent and persuasive argument on the dynamics of accountability. Indeed, large scale corruption by State actors, foists untold human suffering and extreme poverty on a large number of citizens, and invariably occasions loss of lives from consequential hunger, diseases, suicides, unwarranted accidents, and needless conflicts. When corruption assumes humongous proportions that engender such manifold grievous consequences, it should actually be rightly designated or classified as a crime against humanity, over which the ICC should lawfully exercise jurisdiction. What President Buhari failed to Address at the ICC However, before making that scholarly submission about the subtle connection between corruption and crimes against humanity, one had expected, as would the ICC, that President Buhari would have addressed fully, the rampant and systematic killings of innocent citizens in Nigeria by the Herdsmen, which definitely has risen to the benchmark of crimes against humanity, and has become a nightmare for the Nigerian people, a matter of extreme emergency for the civil society, and a growing concern to the international community. Also, the ICC obviously would have loved to be updated on the fight against the Boko Haram terrorist

“....ONE HAD EXPECTED, AS WOULD THE ICC, THAT PRESIDENT BUHARI WOULD HAVE ADDRESSED FULLY, THE RAMPANT AND SYSTEMATIC KILLINGS OF INNOCENT CITIZENS IN NIGERIA BY THE HERDSMEN, WHICH DEFINITELY HAS RISEN TO THE BENCHMARK OF CRIMES AGAINST HUMANITY....” group, and what the country is doing about the allegations of human rights violations and impunity against security and law enforcement agents in Nigeria. Crimes Against Humanity: Rome Statute of the ICC 1998 According to Article 7 (1) of the Rome Statute of the ICC, 1998 ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack’. The first crime mentioned under this Article is murder. Paragraph 2 of the same Article 7 of the Rome Statute then provides that “for the purpose of paragraph 1 ‘attack directed against any civilian population’ means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organisational policy to commit such attack.” The Rome Statute Explanatory Memorandum states that, crimes against humanity are particularly odious offences, in that they constitute a serious attack on human dignity or grave humiliation or degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy), or of a wide practice of atrocities tolerated

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of ICC hails from.

What qualifies President Buhari for such an honour, even when it is a notorious fact that, Nigeria’s human rights records are not salutary? Again, because of this manifest bias and suspicious liaison of the ICC President Mr. Ebie-Osuji and President Buhari, how can the petitioners who filed petitions of rights violations against President Buhari’s administration, have the trust of the ICC, and how will the sanctity of the investigative activities relating to these petitions from Nigeria, be guaranteed?

b) International Community Also, the International Community does also have documentary evidence of the atrocious killings of 300 members of the Islamic movement of Nigeria by soldiers in Zaria two years ago, when they reportedly blocked the convoy of the Nigerian Chief of Army Staff. In the last three years, over 6000 farmers have been killed by armed Fulani herdsmen, but the Government of Buhari chose to look the other way, and had even blamed outsiders for these crimes, when it is clear that the mass murderers are well known as armed Fulani herdsmen. c) French Ambassador The outgoing French Ambassador to Nigeria, Mr. Denys Gauer, has verifiably identified impunity and injustice, as the factors driving the killings and bloodshed in Plateau, Benue, Kaduna, and other parts of the country. The Envoy attributed the killings to struggle for land, noting that, foreigners were not involved in the bloodshed in the Middle Belt region. Addressing journalists in commemoration of the 2018 French National Day in Abuja on Saturday, July 14, the Diplomat who would be rounding off his tour of duty at the end of the month, said Nigerians deserved to enjoy effective security and better governance than this Government was currently providing. He admonished the Federal Government, to punish those behind the killings. The envoy advised the Government, to develop agriculture and animal husbandry to address the crisis. “The reason for the killings is demography; some people are fighting for land, so there must be direct policy to develop agriculture and animal husbandry. I think impunity is encouraging the killings, and those responsible must be punished. I don’t believe foreigners are involved in the killings”, he said in response to a question about the claims by the Federal Government that Libyan mercenaries were responsible for the bloodshed. The Envoy added, “the second is justice. When there is that kind of killing, there must be proper prosecution and perpetrators must be properly sentenced. If that does not happen, then, it cannot end”. Gauer noted that, foreign investors and partners would not be willing to invest in the affected areas, on account of the security challenges there. According to the Diplomat, Nigeria has recorded great progress against Boko Haram, but the sect, he said, had not been eliminated. He explained that, the security forces need to maintain their offensive against the insurgents, so that the displaced persons can return to their communities. But disgracefully, the ICC presided over by

Prime Minister of Netherlands, Mr Mark Rutte, President Muhammadu Buhari, and Nigeria’s Foreign Aﬀairs Minister, Mr Geoﬀrey Onyeama (in the background), during the President’s recent visit to the ICC

a Nigerian, went ahead to invite the President of Nigeria, whose Government has serious indictments of failing to punish perpetrators of war crimes. d) The Economist The Economist in the July 14th - 20th, 2018 edition reported the grave human rights situation in Nigeria thus: “Nigeria’s Generals talk about ‘winning hearts and minds’, but they are doing the opposite. The Army has systematically cleared people from the countryside, burning their villages and packing them into squalid camps in Maiduguri and other ‘garrison towns’. In all, some 2.4m people have been displaced, by the fighting in Nigeria and neighbouring countries. The Army argues that, it is necessary to move people away from the fighting to protect them, and to deny the jihadists food and shelter. ‘There are no innocent people in the bush’ says Mr. Kalli of the CJTF”. “Most observers think that, indiscriminate killings by the Army and the forcing of people into garrison towns, are fuelling the insurgency. There are almost no jobs, in the camps. Access is through checkpoints, manned by the army and CJTF, who demand bribes. Amnesty International, a human-rights group, says many women and girls have been raped in the camps, and that hundreds if not thousands of people confined in them, have died of starvation or a lack of medical care.” How can any Nigerian still have the trust of this ICC, under such a politically exposed Nigerian Lawyer, who has clearly displayed a primitive level of bias? He must excuse himself

“WHAT QUALIFIES PRESIDENT BUHARI FOR SUCH AN HONOUR, EVEN WHEN IT IS A NOTORIOUS FACT THAT, NIGERIA’S HUMAN RIGHTS RECORDS ARE NOT SALUTARY?” from the plethora of petitions filed before the ICC against the President of Nigeria Muhammadu Buhari, since he Mr. Eboe-Osuji, has displayed incredible lack of sympathy for the victims of mass killings in Nigeria, under the watch of the current political leadership at the central Government of Nigeria. Fundamental Posers The fundamental posers that should be asked, flowing from the harvest of public relations profits by the Nigerian Presidency, from the invitation and appearance as a special guest at the 20th anniversary of ICC by President Buhari, would seek to determine what transpired that precipitated the unfortunate invitation.

BUHARI’S ICC VISIT - A MISSED OPPORTUNITY TO ADDRESS SERIOUS HUMAN RIGHTS CHALLENGES CONTINUED FROM PAGE 9 or condoned by a government or de facto authority. The relentless wanton killings of innocent citizens by the herdsmen in various parts of Nigeria, amount to a systematic and widespread attack, directed at the civilian population in the country in furtherance of a policy or agenda of the herdsmen to overawe or intimidate the civilian population, in the communities where they graze their cattle. This menace by the herdsmen, has certainly attained the threshold of crimes against humanity. The spate of bloodbath credited to the herdsmen, has become so grievous, prevalent and extensive, that it requires serious interrogation, as to whether it is a matter that should engage the attention and jurisdiction of the ICC. The response of the Buhari administration, has been anything but proactive, in counteracting the atrocious activities of the herdsmen. Indeed, the reaction of Government to each instance of massacre by the herdsmen, borders on the lethargic. This sort of weary response, emboldens the herdsmen to replicate their attacks, and expand the coast of their rampage. The argument may therefore, be validly made,

Chile Eboe-Osuji, President of the ICC

that although the herdsmen are seemingly on a frolic of their own in terms of the agenda they pursue, and do not execute or identify with

“INDEED, THE REACTION OF GOVERNMENT TO EACH INSTANCE OF MASSACRE BY THE HERDSMEN, BORDERS ON THE LETHARGIC. THIS SORT OF WEARY RESPONSE, EMBOLDENS THE HERDSMEN TO REPLICATE THEIR ATTACKS, AND EXPAND THE COAST OF THEIR RAMPAGE”

any policy of the Government, the failure on the part of the present administration to put up a convincingly decisive response against the atrocities of the sect, would seem more like tolerating or condoning such atrocities. The fact that President Buhari seised of such a golden opportunity to tell the world what his administration has done or is doing to checkmate this invidious and insidious human rights concern, but chose to completely ignore that topic, tends to suggest a deliberate intention to conceal the atrocities, which lends credence to the fact that such atrocities are either being tolerated or condoned. In his keynote address to the ICC, President Buhari also averred that “our cooperation with the Court, is borne out of our strong belief in the respect for the rule of law and human rights, and in our firm commitment to the sanctity of fundamental freedoms at international and domestic levels”. The President set out to exemplify his administration’s human rights posture, by assuring the ICC that the forthcoming 2019 elections, will be devoid of any tragic incidents, such as marred the 2011 general elections. Unfortunately, President Buhari, with his tastefully written keynote address, totally failed to acquit himself very creditably before the ICC, by pretentiously deviating from key issues that would interest the Court, to focus on other recondite matters that are dear to his heart, but evidently not too dear to the heart of the Court. Francis Moneke, Executive Director, Human Rights and Empowerment Project Ltd/Gte

Consequences The appearance of President Buhari before the ICC in such a celebratory mood, as facilitated by the President of ICC, will go a long way in undermining the respect and protection of the human rights of Nigerians, because of the mistaken impressions that the ICC President made Buhari to have, just as it is now clear that the thousands of victims of human rights violations committed by the current Government, may never get justice both at home and before ICC, as long as the allegedly compromised head of that global crime’s forum Mr. Eboe-Osuji remains in office. Even in Nigeria, Judges are strictly cautioned to desist from socialising with politically exposed persons, because that will create the perception in the eye of the public, that such a jurist is compromised. 2007 Judges Conference: Per Former CJN, Dahiru Musdapher In a lecture at the 2007 All Nigeria Judges Conference titled: “Towards Strengthening Judicial Integrity: The Nigerian Experience”, a former Chief Justice of Nigeria, Justice Dahiru Musdapher JSC, CON stated thus: “In order to safeguard the rights of the citizenry; promote accountability, transparency and other essential virtues of a decent and just society; to ensure the subsistence of a functional State under the Rule of law; it is necessary to promote, strengthen and protect the integrity of our judicial system, as well as the integrity of the individual adjudicator that is charged with the onerous responsibility of the dispensation of Justice.” The Judiciary, is the arm of Government, that is responsible for the determination of the rights of the citizenry, he argued. Hear him: “However, it is critical to appreciate that, regardless of the importance of its responsibilities, the Judiciary’s authority, is supported by neither the purse nor the sword. It commands no armies and collects no taxes. Its authority, rests squarely in the public’s perceptions of its propriety. This means confidence in its impartiality, fairness and ethical standards”. “Though the legal authority of the Judiciary, emanates from the Constitution, it is important to appreciate that, the efficacy of the exercise of such constitutional powers, is necessarily anchored to a moral authority that is garnered from the public. Public confidence in the Judge and the judicial system, reinforces conviction for the attainment of justice, and thereby, enhances the willingness of the populace to subjugate themselves before the law.” “It follows therefore, that where public confidence in the judicial system is high; the incidence of people taking the law into their own hands, would be very low indeed. Whereas, the reverse would be the case, where public confidence is low.” Frankfurter J. opined that; “The Court’s authority – possessed of neither the purse nor the sword – ultimately rests on sustained public confidence, in its moral sanction”- see BARKER v CARR 369 U.S. 186,267 (1962). “Confidence in the attainment of justice, encourages the populace to seek redress for wrongs done unto them from the courts, rather than taking the initiative into their own hands. This fact, further underscores the importance of ensuring that the public perception of the judicial system remains positive, in order to maintain sanity in society. For it would be terrible indeed, if people take the law into their own hands. The natural consequence of this unwanted trend, would ultimately be anarchy, “might is right”, the erstwhile CJN affirmed. The ICC has indeed, harmed the efficacy of the mechanisms put in place for the promotion and protection of human rights in Nigeria, by this singular act of political perfidy of inviting President Muhammadu Buhari to address the 20th anniversary forum in The Hague, Netherlands of the International Criminal court. Emmanuel Onwubiko, former Federal Commissioner, Nigerian National Human Rights Commission (NHRC), Head, Human Rights Writers Association of Nigeria (HURIWA)

24.07.2018

TRIBUTES/11

A Tribute to Muyinat Olabisi Aduki Jinadu Learned Senior Advocate, Wale Babalakin, pays tribute to his mother-in-law, late Madam Muyinat Olabisi Aduki Jinadu, who passed away on June 28, 2018, 11 days to her 90th Birthday. She has since been buried, according to Moslem rites. She was the 11th Nigerian woman, to be called to the Bar. May Allah in His inﬁnite mercy, grant her Aljannah Firdaus A pioneer female legal practitioner An outstanding family and community leader A great custodian of the history of Lagos

Her Passing Away he passing away of Mama, Muyinat Olabisi Aduki Jinadu on the 29th of June, 2018, came as a surprise to a lot of people who knew her. The reason for the shock was not because she died prematurely, as she was only 11 days short of her 90th birthday when the event occurred; the reason was because, she had a ‘never die’ spirit which had kept her going even in the face of daunting medical challenges. I actually believed that she was going to survive her illness, which lasted for a few weeks. After all, she had survived the first challenge of her birth, when her mother died when she was 65 days old. Even later in life, when she had a stroke and faced the challenges of diabetes from the age of 51, she lived for another 39 years fighting these deadly threats. This she was able to do, largely due to her personal discipline. Her Life She was born into a prominent Isale Eko family, the Dawuda Family, whose family house is the house directly in front of the gate of the palace of the Oba of Lagos. The House, which she recently reconstructed, is now a brand new two storey building with parking facilities, built in memory of her late father, Salaudeen Dawuda. She had probably planned to commission the building on her 90th birthday, as a venue

for, amongst other things, family reunions of her very large family. Her pioneering spirit was phenomenal. Although she was an extremely bright young lady who had attended Ansar Ur Deen Alakoro and later, Methodist Girls High School, Yaba, and had also proceeded on the scholarship of the Ahmadiya Movement in Islam, having being identified by the movement as an outstanding student, her decision to study Law in England was at that time almost unthinkable. As at that time, very few women from Nigeria had studied law. Most of these women who had the privilege of studying Law, were from families who had very early contacts with the colonial masters. Most of them, were descendants of the returnees. This fact, did not discourage her. Rather, she faced the programme squarely, and passed it in record time. She was called to the Bar in England on the 10th of February, 1959, thus becoming the 11th woman in Nigeria to be called to the Bar, and the 2nd woman of the Moslem faith, to achieve this great milestone. Her Career She practised law extensively and successfully in Lagos, and was offered an appointment to the Bench early in her career. Her reason for not accepting it, was based on her pragmatic approach to issues. Her husband, the Hon. Mr Justice Y.A.O Jinadu, was already a Judge of Lagos State. She reckoned that it was not safe to have the Government of Lagos State employ her husband and herself. She reasoned that, knowing how principled they both were, it was foreseeable that they could both resign on principle from the services of State, thus placing the family in a difficult position.

What a woman of great foresight? Her decision was right. In 1984, Justice Yaya Jinadu, her husband resigned as Judge of Lagos State rather than apologise to the Attorney-General of the Federation; an act which he felt was beneath the office of a Judge of the High Court of Lagos State. He believed that the suggested apology, was a humiliation of the Judiciary. He decided to face an uncertain future, rather than compromise the status of a High Court Judge. What a great and rare breed? A Family Leader As a family leader, she was simply phenomenal. In my tribute to her during the funeral ceremony, in support of my position that she was a rare leader of a large family, I stated amongst other things, as follows:; ‘Every Saturday, she hosted her siblings, children, and grandchildren at her No. 10 Abagbon Close, Victoria Island residence. They would all assemble at her residence, to say hello to her and discuss very extensive issues. My wife is also a permanent member of this assembly. When she wakes up on Saturdays and I am planning my day and how to cope with social engagements, my wife is planning to go to No. 10 Abagbon Close Victoria Island for the gathering. I refer to this gathering, as the weekly extraordinary general meeting of the Jinadu/ Dawuda family. No event is more important to them, than this meeting. I must reiterate that for me, this is the ultimate manifestation of great family leadership provided by Mama, Muyinat Olabisi Aduki Jinadu.’ A Woman of Impeccable Character Mama Jinadu, was very forthright and honest. She would tell the truth, no matter

Tribute to Pa Tunji Gomez Chukwuma Ikwuazom, pays tribute to late PaTunji Gomez, who passed on to eternal glory on July 18, 2018 at the ripe old age of 90. He will be remembered for his call for the abolition of the rank of Senior Advocate of Nigeria, to ensure a level playing ﬁeld for all Nigerian Lawyers. May his soul rest in peace. Amen

The Beginning a Gomez (aka ‘it’s a matter of conscience’), the oldest practicing Lawyer in Nigeria, was born in 1928 to the Doherty and Gomez families of Lagos. He attended the CMS Grammar School, Lagos, Abeokuta Grammar School and Kings College, Lagos. He was called to the Bar in England in 1961. His Career Pa Gomez was an accomplished Lawyer, and was regarded by members of the NBA Lagos Branch as the father of the Branch. He was a quintessential Bar man, whose deep devotion to

“IT IS ON RECORD THAT, PA GOMEZ WAS PART OF THE LEGAL TEAM THAT DEFENDED THE LATE CHIEF OBAFEMI AWOLOWO, DURING HIS CELEBRATED TREASON TRIAL IN 1962”

Pa Tunji Gomez cutting his 90th Cake

the Bar was well known. Until his passing at the age of 90 years, he attended meetings and other activities of the Lagos Branch regularly, and the

NBA generally, and spoke to issues concerning the falling standards of the Bar, the need for fairness and equal treatment for all Lawyers, and the welfare of younger colleagues. He was opposed to the existence of the rank of Senior Advocate of Nigeria, and made a constant case for the rank to be abolished. His activism was such that, he did not mind standing alone when fighting a cause that he believed in. In recognition of his stewardship and commitment to the Lagos Branch, the Branch honoured him by organising a dinner to mark his 90th birthday on 18 March, 2018. It is on record that, Pa Gomez was part of the legal team that defended the late Chief Obafemi Awolowo, during his celebrated treason trial in 1962. He is reputed to be the first Lawyer to sue the Military Government in Nigeria, in the celebrated case of Madam Sapara v Lagos State Government. His activism started very early in his life as a student of King’s College, Lagos, and continued till his very last days. Pa Tunji Gomez’s independent mindedness, courageousness and dedication to the truth, will be missed by the NBA, Lagos Branch and by the NBA generally. Adieu sir. It will forever remain ‘a matter of conscience’. Chukwuka Ikwuazom Esq., Chairman, NBA, Lagos Branch

Young Mrs Muyinat Jinadu

“SHE WAS CALLED TO THE BAR IN ENGLAND ON THE 10TH OF FEBRUARY, 1959, THUS BECOMING THE 11TH WOMAN IN NIGERIA TO BE CALLED TO THE BAR, AND THE 2ND WOMAN OF THE MOSLEM FAITH, TO ACHIEVE THIS GREAT MILESTONE”

who was offended by her rendition of the accurate facts. This quality has been inherited, by all her children. She was also a great lover of literature. Until her death, she was very much at ease discussing the writings of Shakespeare. This was a clear 70 years after she had studied literature, as a student. She loved the arts, and participated in all facets of it, until her last breath. Her life style was commendable. She was not fond of attending too many social gatherings, yet she was very sociable in her own way. She had an inner contentment with life, and was always able to rationalise issues in a very philosophical manner. She hardly ever raised her voice in her discussions with her children, siblings, associates and friends, but her message was always clearly delivered and invariably obeyed by everybody. It is noteworthy that, the consensus of all those who contributed tributes to the Fidau booklet, essentially emphasised that she was a great lover of the arts and an encyclopaedia of Shakespeare’s writings, a custodian of the History of Lagos, and a woman of phenomenal wit. I reckon that an appropriate summary of her, can be found in the tribute of Prof. Gbolahan Elias who said as follows: ‘I greatly enjoyed her good company, her unusually insightful judgements of human character, her encyclopaedic knowledge of the history of Lagos Island, her incomparable sense of humour, and her unmatched capacity for sarcasm. I also thank her for her affection, and will miss her very much. May the soul of this outstanding woman, who led life to the fullest and contributed significantly to her family, community, profession, and the world continue to rest in peace. Dr. Bolanle Olawale Babalakin, SAN

12/

24.07.2018

INSOLVENCY DISCOURSE DR. KUBI UDOFIA

k.udoﬁa@live.com

Foreign Jurisdiction Clauses and Winding-up Petitions

T Introduction

his write-up appraises the ruling of the Federal High Court (FHC) in RRSAT Global Communications Ltd v DAAR Communications Plc – Suit No: FHC/L/CP/540/12 (“RRSAT v DAAR”) delivered on 26 January, 2018 where the Court considered, inter alia, whether filing a winding-up petition in Nigeria, was in breach of a foreign jurisdiction clause. This page respectfully disagrees with the Court’s proposition that a company incorporated in Nigeria, can only be wound-up under Nigerian law. It however, agrees with the Court, albeit on a different basis, that instituting winding-up proceedings in Nigeria, does not constitute a breach of a foreign jurisdiction clause. Summary of Facts The Petitioner filed a winding-up petition against the Respondent, pursuant to Sections 408(d), 409(a) and 410(1)(b) of the Companies and Allied Matters Act 1990 (CAMA), on the basis of the Respondent’s inability to pay debts of $1,656,000 and €225,000. The Respondent objected to the proceedings, on the ground that the service agreements from which the petition-debt arose, were governed by the law of Israel. The Respondent also asserted that, the agreements conferred exclusive jurisdiction on competent courts of Tel Aviv in Israel, in relation to disputes arising from the agreements. The Court’s Ruling In summary, the Court ruled as follows: 1. A company incorporated under the laws of Nigeria, can only be wound-up under the same Nigerian laws. 2. The FHC is vested with exclusive jurisdiction, to entertain winding-up petitions against companies incorporated in Nigeria. 3. Parties cannot by agreement modify or nullify the contents or effect of a statute or the Constitution, and in particular Rules 184(2) of the Companies Winding-up Rules 2001 (CWR), Sections 407(1) and 567(1) of CAMA and section 251(1)(e) of the 1999 Constitution, which vest exclusive jurisdiction over winding-up petitions on the FHC. 4. Courts may give effect to parties’ choice of a foreign governing law where it is real, genuine, bona fide and reasonable. However, parties’ choice of governing law, is not conclusive. For the above reasons, analysed below, the Court dismissed the Respondent’s preliminary objection. Can Companies Incorporated in Nigeria be Wound-Up Abroad? The Court ruled that, companies incorporated under Nigerian law, may only be wound-up under Nigerian law. The Court hinged its position on the ground that, the FHC is vested with exclusive jurisdiction over winding-up petitions for companies incorporated in Nigeria. The Court relied on Rules 184(2) of CWR, Sections 407(1) and 567(1) of CAMA and Section 251(1)(e) of the Constitution. From a domestic or Nigerian law standpoint, this reasoning is plainly unimpeachable. However, the proposition is faulty, in the realm of international or cross-border insolvency. First, the Nigerian domestic laws relating to winding-up of companies, have no extra- territorial force. Second, courts in many jurisdictions, are empowered by their domestic laws to wind-up foreign companies. Consequently, the fact that the highlighted Nigerian domestic laws vest exclusive jurisdiction over winding-up issues on the FHC, does not imply that companies incorporated in Nigeria cannot be wound-up abroad. Courts in many Commonwealth countries, are statutorily empowered to wind-up foreign companies in their territories. In most of these countries, courts would exercise jurisdiction to wind-up an insolvent foreign company where (i) the foreign company has sufficient connection with the jurisdiction, and (ii) there is a reasonable possibility that domestic creditors will benefit from the winding-up process. Where a foreign company is being wound-up, the validity of the winding-up proceedings will not be adversely affected by the laws of the place of incorporation of the foreign company. Accordingly, in Re Diffraction Diamonds DMCC [2017] EWHC 1368 an English court ordered the winding-up of a company incorporated in Dubai. In Stocznia Gdanska SA v Latreefers Inc (No. 2) (2001) 2 BCLC 116 the English Court of Appeal confirmed that, an English court had jurisdiction to wind-up a company incorporated in Liberia under to Section 221 of the Insolvency Act 1986. In Re Real Estate Development

(1991) BCLC 210, Knox J held that, an English court could wind-up a company incorporated in Kuwait. In Legend Int’l Holdings Inc. v Indian Farmers Fertilizer Cooperative Ltd 114 ACSR 257, the Supreme Court in Victoria (Australia) refused to grant an application to stay the making of a winding-up order against a company incorporated in the U.S. pursuant to Section 583 of the Australian Corporation Act 2001. This was notwithstanding that, the company had filed a Chapter 11 Bankruptcy petition in the U.S. In Re Trans Pacific Insurance Corp 72 ACSR 327, the Supreme Court of New South Wales (Australia), pursuant to Section 583(c)(i) of the Australian Corporation Act 2001, ordered the winding- up of a company incorporated in Cayman Islands. In Re Beauty China Holdings Limited [2009] 6 HKC 351, a Hong Kong High Court relied on section 327(1) of Hong Kong’s Companies (Winding Up and Miscellaneous Provisions) Ordinance to order the winding-up of a company incorporated in the Cayman Islands. In RBG Resources Plc v Credit Lyonnais [2006] 1 SLR 240, a Singaporean High Court appointed provisional liquidators for a company incorporated in England, notwithstanding that the company had already been placed in liquidation in England. Are Winding-Up Petitions subject to Foreign Jurisdiction Clauses? A jurisdiction clause embodies an agreement by contracting parties to resolve disputes arising from the contract, in a specified forum. The Court in RRSAT v DAAR ruled that the winding-up petition, was not in breach of the jurisdiction clause because (i) parties could not by agreement modify or nullify mandatory provisions of Rules 184(2) of CWR, Sections 407(1) and 567(1) of CAMA and Section 251(1)(e) of the Constitution, which vest jurisdiction of winding-up matters on the FHC, and (ii) notwithstanding that Nigerian courts will generally give effect to parties’ choice of forum, parties choice is not conclusive. These reasons are not free from criticism. First, viewing foreign jurisdiction clauses as attempts to modify or nullify mandatory statutory or constitutional provisions, is not consistent with the long-established attitude of courts to jurisdiction clauses: Sonnar Ltd v Partenreedri M.S. Nordwind (1987) 4 NWLR (Pt. 66) 520, Nika Fishing Co. Ltd. v Lavina Corporation (2008) 16 NWLR (Pt.1114), Conoil v Vitol S.A. (2018) 9 NWLR (Pt 1625) 463. Second, having ruled that parties could not by agreement modify or nullify mandatory statutory or constitutional provisions, relying

“COURTS IN MANY COMMONWEALTH COUNTRIES, ARE STATUTORILY EMPOWERED TO WIND-UP FOREIGN COMPANIES IN THEIR TERRITORIES”

on the principles in Sonnar Ltd v M.S. Nordwind vis-à-vis whether a choice of a foreign forum was real, genuine, bona fide and reasonable seemed contradictory. A Different Thesis Winding-up petitions, should not be subject to jurisdiction clauses as they are not “disputes” contemplated under such clauses. While jurisdiction clauses envisage disputes of a private nature, winding-up petitions engage a public policy and public interest objective of protecting the public in relation to companies who are unable to pay their debts. Winding-up proceedings are not primarily aimed at debt recovery. A winding-up order, does not guarantee payment of debts. A liquidator may dispute the debt and worse still, available assets may not be sufficient to meet unsecured claims. Winding-up proceedings are collective actions, as opposed to individual right enforcement suits. In In re Lines Bros Ltd (1983) Ch 1 at 20, Brightman LJ rightly stated that “the liquidation of an insolvent company, is a process of collective enforcement of debts for the benefit of the general body of creditors”. Although instituted by one creditor, a winding-up order operates in favour of all creditors and contributories of the debtor-company, as if made on a joint petition: Section 418 of CAMA. Further, Rule 26 of CWR provides for the substitution of a petitioning creditor where the creditor is not entitled to present the petition, fails to advertise it, withdraws it, allows it to be dismissed, fails to appear in court, or does not seek for a winding-up order. Subjecting winding-up petitions to jurisdiction clauses, may result to perverse incentives. First, based on the principle of privity of contract, jurisdiction clauses may only be enforced by and against parties to the agreement. Subjecting windingup petitions to jurisdiction clauses, will be tantamount to enforcing such agreements against non-parties i.e. other creditors an contributories who were not privy to the foreign jurisdiction clauses. In such cases, creditors would be unfairly compelled to partake in proceedings in foreign jurisdictions, which they had not bargained for. Second, a company which is cash flow insolvent in Nigeria, may not be insolvent in the forum selected in the jurisdiction clause. The forum may have different tests for cash flow or balance sheet insolvencies, distinct from those under Section 409 of CAMA. This could create a commercially dangerous scenario, where an insolvent company is allowed to freely trade in Nigeria on the basis that it has not met the insolvency threshold in the forum in the jurisdiction clause. Postscript Instructively, winding-up orders cannot be made in relation to disputed debts: Hansa Int’l Construction Ltd v Mobil Producing Nigeria (1994) 9 NWLR (Pt 366) 76 at 86B-E. Where a petition-debt is bona fide disputed, courts lack jurisdiction to entertain such petitions: Onochie v Alan Dick & Co Ltd (2003) 11 NWLR 9 (Pt 832) 451 at 461E. A disputed debt indicates the probable existence of a dispute, which may be within the scope of a foreign jurisdiction clause. This effectively checks cases where parties may file winding- up petitions, with the sole aim of bypassing jurisdiction clauses and putting pressure on counterparties.

24.07.2018

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, For the past three years, I have had a running battle with my landlord over the payment of tenement rate. In my former house, the landlord never asked any tenant to pay tenement rate. He always paid. This issue became complicated, when I discovered that some co-tenants went behind to pay the money to the landlord secretly, leaving the rest of us at the mercy of the landlord. I spoke with a friend in the neighbourhood, and he told me that it is not the duty of the tenant to pay tenement rate. Kindly, enlighten me on this. Whose duty is it to pay the tenement rate in a house, especially where the landlord resides in the same building? Pastor T.O., Satellite Town, Lagos. Dear Pastor T.O., You are not alone in this predicament of payment of

tenement rate. It is one of major causes of contention between landlords and tenants, and this contention is needless. Sections 7(5) and 1(f) of the 4th Schedule to the Constitution of the Federal Republic of Nigeria,1999, clearly provide for who is responsible for payment and collection of tenement rates. There are also provisions in the Taxes and Levies (Approved List Of Collection) Act. Tenement Rate belongs to the class of taxes charged and collected by a Local Government Authority, on a developed and occupied property. It is expected to be paid by the occupier of the property, within a given time. In the case of a rented apartment, it is the tenant that should pay. Hence, an unoccupied property, empty and undeveloped land, cannot be charged Tenement Rate in any part of Nigeria. It is only Local Government Authorities across the States, and the Area Council in the Federal Capital Territory covering the location of a property, that can demand and collect tenement rates on such property.

How can you tell when your Lawyer is lying? His lips move. ˾˾˾ How do you save a drowning Lawyer? Take your foot off his head. ˾˾˾ How do you get a Lawyer out of a tree? Cut the rope. ˾˾˾ Why is it that so many Lawyers have broken noses? From chasing parked ambulances. ˾˾˾ If you see a Lawyer on a bicycle, why should you never swerve to hit him? It might be your bicycle. ˾˾˾ What do you get when you cross the Godfather with a Lawyer? An offer you can't understand. ˾˾˾ What happens when you cross a pig with a Lawyer? Nothing. There are some things a pig won't do. ˾˾˾ Why are lawyers never attacked by sharks? Professional courtesy. ˾˾˾ What's the definition of "a shame" (as in, "that's a shame")? When a busload of Lawyers goes off a cliff. What is the definition of a "crying shame"? When there was an empty seat. ˾˾˾ How many corporate attorneys does it take to change a light bulb? Who knows, you need 250 just to lobby for the research grant. ˾˾˾ How many personal injury attorneys does it take to change a light bulb? Three ... one to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company. ˾˾˾ How many judges does it take to screw in a light bulb? Just one; he holds it still and the whole world revolves around him. ˾˾˾ It was so cold last winter ... (How cold was it?) ... that I saw a Lawyer with his hands in his own pockets

KATSINA-ALU: EXIT OF A QUINTESSENTIAL JURIST CONTINUED FROM PAGE 7 to the said principal. He also wrote a strong worded letter to a Captain in the Nigerian Army, who was threatening his wife, in which he asked the officer to desist from such conduct. On the basis of these two letters, the Respondent was removed from office as a Judge of the High Court. The State High Court first voided the removal. In dismissing the appeal by the State Government and the State Judicial Service Commission, Justice Katsina- Alu held quite forcefully thus: Now, where is the misconduct? Is it in cherishing his good name or the safety of his wife? He may have used harsh language, but it was intended to bring home the message. I do not doubt that some people would have reacted differently to the situation.... It is inconceivable that these letters, having regard to the circumstances in which they were written, could have eroded the Respondent’s authority and confidence in his relations with the public. I venture to say that, some would have admired him as a no nonsense Judge. This put paid to the litigation on the subject- matter – as the Cross River State Government, even with sufficient resources at its disposal, never attempted to further appeal to the Supreme Court. Justice Katsina-Alu, during his stay on the Supreme Court Bench, along with his colleagues, delivered landmark judgements that shaped, and have continued to shape and enrich Nigeria’s constitutional jurisprudence. This was a time the then Vice-President, Atiku Abubakar, was facing the greatest political battle of his life. In one of the most celebrated decisions handed down by the Apex Court – ACTION CONGRESS v INEC (2007) All FWLR (Pt. 378) 1012 S.C. – where the powers of INEC to disqualify Alhaji Abubakar were put to test, Justice Katsina-Alu, saddled with the responsibility of delivering the lead judgement, held forcefully, concerning the claim that INEC

could disqualify a candidate based on the disqualifying factors in Section 137(1) of the 1999 Constitution, as amended, thus: I have read that provision over and over again, and I must say that there is no mention of the Defendant in the provision except (j) where the candidate has presented a forged certificate to the Independent National Electoral Commission. The Defendant, I hold, in the circumstances, cannot claim that the power to disqualify any candidate, the 2nd Plaintiff inclusive, is conferred on it by Section 137(1). I am also unable to find anything in the provision, from which the power can be implied. In any event, there is no provision in the Constitution that confers the power to disqualify candidates on the Defendant, either expressly or by necessary implication. With the finality in the tone of the dictum above, a lead judgement concurred to by all his six colleagues, Justice Katsina-Alu qua the Supreme Court, laid a very solid foundation for the development of our democracy, where INEC was disrobed of powers to disqualify candidates contesting elections into public offices. If such a locus classicus was not handed down by the Apex Court, one wonders where we would have been in Nigeria today! Also, Justice Katsina-Alu presided in AMAECHI v INEC (2008) All FWLR (Pt. 407) 1 S.C., wherein the full court of the Supreme Court, in a revolutionary upheaval, ordered that Rt. Hon. Rotimi Chibuike Amaechi be sworn in as Governor of Rivers State – since independent candidacy was not part of Nigeria’s constitutional arrangement – and since he had been wrongly deprived of the PDP ticket. This decision pushed the National Assembly to enact Section 141 of the Electoral Act, 2010, where it was provided that, unless a candidate went through all the stages of an election, he cannot be declared a winner thereof. Since then, all courts of

law, including Election Tribunals, have been pronouncing one way or the other on this provision; but, we must not forget that, the foundation thereof was the Amaechi case. The common man also benefitted from the lead judgements of the late Justice Katsina-Alu. Thus, in ODEDIRAN v STATE (2016) 18 NWLR (Pt. 1012) 671 at 674 S.C., his Noble Lordship, while delivering the lead judgement of the Apex Court, cautioned the Court of Appeal against hastily or peremptorily dismissing appeals filed by persons convicted and sentenced to death, whose counsel were not diligent in pursuing such appeals. Rather than drive them from the seat of justice, his Lordship held that the court should rather take steps to assign them counsel, because, according to him, this was the only way “true effect” could be given, to the right of appeal guaranteed such marooned persons by the Constitution. Conclusion I wish to round up by saying that Justice Katsina-Alu, as a deep and dedicated Christian, was never Utopian and classy, but stooped low always to accommodate the poor and the needy, not minding their origins and religious beliefs. He established a big Chapel, right in his country home in Tse Alu, trained a countless number of people in school, sponsored several persons, including Muslims, on pilgrimage, and was a father-figure to many, including my humble self. He was a well-honed and respectable personality. Justice Aloysius Iyorgher Katsina-Alu came into this world on 28 July, 1941. He saw. He conquered. Adieu, Papa. Chief Sebastine T. Hon, SAN, FCIArb, Constitutional Lawyer and Author

SARAKI’S ACQUITTAL, BEST JUDICIAL LEGACY OF OUR TIME, MAKANJUOLA CONTINUED FROM PAGE 5 years standing. Out of my 20 years’ legal career, I have seen one of the best judicial legacies of our time, judicial pronouncements of our time, judicial decisions of our time. And this is to let you know that yes, no matter what you believe without your kind of insinuations or assumptions about the Judiciary, that our Judiciary is still the last hope of a common man, be it high and low. "That is to let you know that there is hope in our judicial system, because the rationale of that ruling is that the rule of law must be obeyed, either you are poor or you are rich, either you are in power or you are not, whoever is involved, let the rule of law take its cause". Speaking on the prayer session, Makanjuola, a former member of the House of Representatives said "the rationale

behind the prayer session is just to give glory, honour and adoration to God Almighty for seeing my boss, the President of the Senate, Dr Abubakar Bukola Saraki, through the trials, the tribulations and the journey he went through in the hands of the enemies, detractors and the people I can call Bad Belle. "But because we put and rely on God, and we put our hope and faith in Him, at the end of the day, we were not disappointed. And He has assured us from Day one that by grace of God He is with us, and God fulfilled His promise and covenant with us and we eventually triumphed. "We believe that having done that all we need to do, for me as a person and with all my people, is to come together to appreciate that same God, who has given us victory. The victory is not for Dr Bukola Saraki alone but for us his followers. "I'm happy that today, Nigerians and the world

all over could see, have seen and have heard even from the pronouncement of their lordship that from Day one till the end, it is like those who packaged the trial had their predetermined mind of where they want him to go but God said no. That is not his way". The state Chairman of the All Progressives Congress (APC), Hon. Ishola Balogun- Fulani, who spoke at the prayer session, said the event was organised to express gratitude and prayed Almighty God to guide Saraki in his political decisions. The Director - General of Abubakar Saraki Constituency office, Alhaji Musa Abdullahi, the state secretary of APC, Hon.Tunji Ayeni and Kwara south senatorial chairman of the party, Alhaji Jimoh Balogun were among the dignitaries that were present at the prayer session.

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The Palpable Bias of INEC in the Ekiti Gubernatorial Election This article by Learned Senior Advocate, Mike Ozekhome, discusses the recently concluded controversial Ekiti State Gubernatorial Election. He makes accusations of massive election malpractice, and he alleges that, not only were the people of Ekiti intimidated, violence was also unleashed on them and their PDP Governor, Ayo Fayose, by the APC Federal Government, using the various law enforcement agencies, to ensure that the APC was victorious at the polls. He concludes by asking, what all this portends for the 2019 General elections

Militarised Environment Few days to the election, Nigerians witnessed the horrible spectre of the crude invasion of Ekiti State Government House, by armed Policemen and other security agents at the behest, instructions and guidance of the Federal Government under PMB, using the Police as instruments of terror and coercion. In the process of this Kamikaze-like invasion of the Government House and the intimidation of the sitting Governor, Ayodele Fayose, who is covered by immunity under Section 308 of the 1999 Constitution, he was brutally assaulted, teargassed, shot at, brutalised and injured, leading to his hospitalisation at the Government House Clinic, Ado Ekiti. His mobile lines were jammed. A security cordon was thrown around Government House, preventing entry and exit. The atmosphere was devoid of one for a free and fair election. It was militarised. The beastly conduct of the Police, and the obviously acquiescing role of the Federal Government is, to say the least, most despotic, autocratic, undemocratic and barbaric. What happened on that day, was a clear attempt to overthrow a sitting Governor in Nigeria, and if possible, assassinate him. All because of election! God bless President Goodluck Ebele Jonathan: “My ambition is not worth the drop of blood of a single Nigerian”. Immortal words indeed!

By the provisions of sections 39 and 40, of the Constitution of the Federal Republic of Nigeria, 1999, as altered, the people of Ekiti State have fundamental rights to freedom of expression, assembly and association. The PDP in Ekiti State and its teeming supporters needed no permit from the Police before holding their peaceful rally on that day, just like the APC led by the President had a day earlier, held theirs, without any Police permit. See ANPP v IGP (2007) 19 NWLR (Pt.1066) 457. The Governor of Ekiti State is the Chief Security Officer of the State (Section 215 of the 1999 Constitution), and consequently, barricading the Government House and meting out physical assault, inhuman and degrading treatment on the person of the Governor, constitutes a dangerous reminder of the gory hey days of ruthless military dictatorships in the sad history of Nigeria. (See Section 34 of the Constitution). Power, it is said, belongs to God. But, it was expected that who became the next Governor of Ekiti State, ought to be at the behest of God, but as desired by the Ekiti people, not by an invading Army. It was not supposed to be forced down the throats of the people, by the power of the gun or teargas, or manipulation. A government that wantonly tramples on the fundamental rights of its helpless citizenry, can never be trusted by the same citizens. Nigerians today, live in morbid fear. They are no longer free, to express their opinions. The Executive arm of Government is now harassing, brow- beating, intimidating and subduing opposition, critical voices and every other arm of Government to submission. Judgements and orders of courts, are disregarded with impunity, as just happened for the 6th time in the botched bail of Col Sambo Dasuki. We have witnessed unspeakable killings of innocent Nigerians on a daily basis; government impunity and opaqueness in governance. Nothing whatsoever, it appears, is being done by the Government, to address these ugly developments. It was Thomas Jefferson (former American President), who once famously said that, “when a government fears the people, there is liberty; but when the people fear their government, there is tyranny”. The latter, is the situation in Nigeria, today. Besides depriving Nigerians of the basic amenities of life, the Federal Government with Ekiti State as a case study, is now audaciously subverting the will of the people, with the sheer brute force and ferocity of the Federal might. We witnessed the horrors of Police brutality, unleashing of thugs, and use of Federal might. We saw INEC figures doctored and altered serially and manually, so as to arrive at an acceptable winning figure. Where is the advanced technology INEC promised Nigerians, to stop pre- loading, ballot paper falsification, et al? Nigerians experienced the horrors of ballot box snatching, deployment of helicopters, 30,000 Policemen, soldiers, Civil Defence Corps, Customs, Immigration and armed thugs for a mere Gubernatorial election in the small State of Ekiti, with a population of 2,384,212 people, the 29th State on the population index in Nigeria, and with only 16 LGA’s!

“IT WAS THOMAS JEFFERSON (FORMER AMERICAN PRESIDENT), WHO ONCE FAMOUSLY SAID THAT, “WHEN A GOVERNMENT FEARS THE PEOPLE, THERE IS LIBERTY; BUT WHEN THE PEOPLE FEAR THEIR GOVERNMENT, THERE IS TYRANNY”. THE LATTER, IS THE SITUATION IN NIGERIA, TODAY”

What does this Portend for the 2019 Elections? This portends that in the general Presidential, National Assembly and Gubernatorial elections of 2019, Nigeria will require an armada of Naval, Air Force, Army, Armoured, Police, fighter jets and other military apparatchik, to conduct the elections. This is simply insane. Elections in Nigeria, have become a war of the survival of the fittest, the victory of the most armed, and the triumph of sheer might and brute force. Money baggism and deep pockets, are now the icing on the cake. We witnessed the open bazaar of vote purchasing, as if vote buying was part and parcel of a free, fair and credible election. So, this is the template for 2019 elections that INEC promised Nigerians? The trending humour on internet right now is: “in Nigeria, we conduct elections with soldiers and Police, but fight terrorists with prayers”. Nigeria, we hail thee. Arise, O compatriots! Chief Mike A.A. Ozekhome, SAN, OFR, FCIArb, Ph.D, LL.D Constitutional Lawyer and Human Rights Activist

hough the election in Ekiti State has come and gone, it leaves behind it, sour traces of odious conducts on the part of the Independent National Electoral Commission (INEC), that will forever remain indelible in the battered subconsciousness of Ekiti people, and indeed, Nigerians as a whole. It remains an ineradicable stain on the banner of acceptable electoral conduct.

Beautiful Constitutional Provisions Section 158 of the 1999 Constitution, provides that INEC shall not be subject to the control of any other authority, in the exercise of its powers or functions. By virtue of the Third Schedule to the same Constitution, it is provided that the Commission shall have power to organise, undertake and supervise all elections to the offices of the President and Vice- President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation. What occurred in Ekiti State, represented the exact opposite of these beautiful constitutional provisions. Ekiti Gubernatorial Election: Dashed Expectations The Ekiti State Gubernatorial election was conducted by INEC on Saturday, 14th of July, 2018. The contest was basically between the incumbent government of PDP and the APC. Generally, it was believed, given the heated campaign and variegated interests at stake, that the said election will serve as litmus test for INEC’s, and indeed, the Federal Government headed by President Muhammadu Buhari’s preparedness for future free and fair elections, especially the 2019 general elections. INEC trumpeted it to high heavens, that the Ekiti gubernatorial election would sign post its template for the 2019 elections. Nigerians were elated, waited with bated animation, to see miracles happen. However, the Federal Government and INEC, failed woefully to secure the trust of the Ekiti people, and that of Nigerians on the whole, in their conduct, with respect to the said election. One would say that, the dashed expectations might not have come as a surprise to many Nigerians. One will recall clearly, that virtually all campaign promises by President Buhari’s Government, just like the expectations in the Ekiti election, have so far been dashed, to the chagrin and disappointment of Nigerians. Three years into Buhari’s administration, Nigeria is facing the worst security challenges in her chequered history. Buhari had promised Nigerians heaven on earth, in the course of his campaigns. But today, Nigerians are witnessing hell on earth, after three years of his administration. Nigeria has been turned into, a gory and grisly theatre of blood and blood-letting. No day passes without news of horrific massacres across Nigeria by herdsmen. Hardly any of them, has ever been apprehended and prosecuted. Life has become so cheap. Humanity has been bastardised and debased. Murders and butchery of innocent souls, do not shock Nigerians any longer. In the course of the three years of PMB’s administration, persecuted Nigerians have witnessed unprecedented lopsided, provincial, cronyistic and clannish appointments, with respect to the top security architecture of the country. Such has never happened before, in the history of Nigeria, since the 1914 Lugardian amalgamation, given the federal character principle, as encapsulated in Section 14 of the Constitution of the Federal Republic of Nigeria, 1999. Manipulation of Ekiti Results The daylight robbery and manipulation of election results in Ekiti State, with the active participation by and connivance of security agencies in the country, is akin to ubiquitous marauding herdsmen, who maim and kill at will, without as little as a public official condemnation from the Presidency or the top security apparatchik of the country. Prior to the election, the Peoples Democratic Party

INEC Chairman, Professor Mahmood Yakubu

(PDP) had cautioned INEC not to accept or announce any result that did not reflect the true votes cast at polling centres and the will of Ekiti people, as such would be a direct recipe for crisis.

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ButterďŹ‚ies in My Head This article is by Chinweoke Okpalaji, a professional with over 20 years in the Maritime, and Oil & Gas Sector. Her fascination with the state of the human mind, and how this affects the basic output of life, whether personally or professionally, and the challenges she has faced herself with Mental Unwellness, has been the driving force behind lending her voice to create awareness about stopping the stigma associated with Mental Unwellness. She hopes to be part of a larger group, that changes the narrative regarding Mental Health Awareness and Mental Health Policies in Nigeria, with the intention of breaking the stigma, improving mental health literacy, and overturning unfavourable laws.

n 2017, I wrote an article titled â€˜A Beautiful Mindâ€™ to support the advocacy, against the stigma associated with mental unwellness. Yes â€˜Mental Unwellnessâ€™, is a term I have coined, as part of the journey towards eliminating the stigma against the illness, so sufferers can ask for help, and thus, receive it. The awareness efforts on this subject, can never be too much.

Measuring Mental Unwellness The other day, I had to take a test to check the functionality of my kidneys. The results revealed my kidneys are in good condition, but I had a very low potassium count. It got me thinking about how, there really arenâ€™t any tests to determine the presence of mental unwellness, where fluids from your body could be retrieved, and tested. This makes it quite difficult, to accurately determine what type, or what level of mental illness a patient could be suffering from. The issues surrounding mental unwellness, continue to be a challenge, which we must all join hands to fight. It is an evergrowing monster, evident in the series of local and international suicides, that have occurred recently. These have become quite alarming. My prayer has been that, this act of suicide does not become fashionable amongst our youth. It is now ever so critical, to enlighten and educate all classes of people about mental unwellness, the validity of the illness, and the urgent need to seek help cannot be over emphasised, no matter how mild. My Personal Battle In my last article, I had informed you about my battle with claustrophobia, which was noticed from when I was young, but grew worse as I grew older, limiting my life, significantly. One of the limitations I would like to highlight once again, was my inability to fly in an airplane after 2004. This lasted for 14 years. I recently went on my first international flight on the 25th of April, 2018, since 2004. This was possible by prayer, and proper treatment. I was prescribed medication to deal with depression and anxiety disorder, which I have taken every day since April 2017. The medication treated my reasoning, as well as behaviour. I began to function more normally, and could see the possibility of entering an enclosed place, to get from one point to another, as well as enjoying improved social behaviour. Prior to this, I was unwilling to accept that I needed help or treatment, and did not want to be labelled. Nobody labels you for having a stomach ache or a tooth ache, why should anyone be labelled for having a mind ache? It is all the same. Mental illness is valid and nothing to be ashamed of. The voices in your head, which I would like to call the butterďŹ‚ies in your head, will metamorphosise into something beautiful, when you seek appropriate help and treatment. What Exactly is Mental Illness, Depression and Suicide Once again, I reiterate what Mental Health is: â€œMental health includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make choices. Mental health is important at every stage of life, from childhood and adolescence, through adulthoodâ€?. The U.S. Department of Health & Human Services says, that mental illnesses can be caused by any of the following:

r 'BNJMZ IJTUPSZ PG NFOUBM IFBMUI r (FOFT PS CSBJO DIFNJTUSZ r 5SBVNBUJD MJGF FYQFSJFODFT Now based on this definition, and to determine or gauge the level of mental wellness or unwellness, we should pay more attention to our 1) Emotional 2) Psychological and 3) Social wellbeing. We must ask ourselves, how we are faring on all three fronts. 1. Are our thoughts morbid? 2. Are we aggressive to family, friends and other acquaintances? 3. Do we easily connect? If we are lacking severely in one or all of these areas, we must do our best to seek help, and not assume â€˜this is just how we areâ€™ Not so. If left untreated, the consequences will become more severe. Below is a list of mental illnesses, that will lead to depression and eventually suicide: r "OYJFUZ %JTPSEFST Behavioural Disorders Eating Disorders r 4VCTUBODF "CVTF r 0CTFTTJWF $PNQVMTJWF %JTPSEFS r 1FSTPOBMJUZ %JTPSEFS Suicidal Behaviour Trauma and Stress related Disorders. â€œSuicide does not discriminate. People of all genders, ages, and ethnicities, can be at riskâ€?. â€œThe main risk factors for suicide areâ€?: r " QSJPS TVJDJEF BUUFNQU r %FQSFTTJPO BOE PUIFS NFOUBM IFBMUI disorders r 4VCTUBODF BCVTF EJTPSEFS r 'BNJMZ IJTUPSZ PG B NFOUBM IFBMUI PS substance abuse disorder r 'BNJMZ IJTUPSZ PG TVJDJEF r 'BNJMZ WJPMFODF JODMVEJOH QIZTJDBM PS sexual abuse r )BWJOH HVOT PS PUIFS Ă SFBSNT JO UIF IPNF r #FJOH JO QSJTPO PS KBJM r #FJOH FYQPTFE UP PUIFST TVJDJEBM CFIBWJPVS such as a family member, peer, or media figure

recently gained knowledge, and understood that both situations are valid illnesses, and nothing to be ashamed of. I got past the stigma against myself, and received help. I spoke up and got treated. It is amazing, the difference in speaking up, being open and receiving help makes. The problem, the obstacle, the monster, is the stigma, and not really the illness! /PU PXOJOH VQ TFUT ZPV VQ UP GBJM 'JSTU you donâ€™t acknowledge the problem, and when you do not acknowledge the problem, how can you understand well enough to ask for help? The stigma stops you right in your tracks; you are ashamed to speak about it, you hide from yourself, you get too proud and canâ€™t be associated with such a label, â€˜mentally illâ€™, then you cower, and you lose the quality of your life, and then your life itself, eventually. There is help, there is hope, there is treatment at every stage. Get help, get treated. Live life. Save a life. r .FEJDBM JMMOFTT Medicine was provided as a gift, by the I would love to share some myths, which One who created the Heavens and the are associated with a lack of understanding earth, the sun, the moon, and the stars. In regarding Mental Unwellness: His Magnificence and Mercy, He provided â€œMyth: Mental health problems don't solutions and cures for diseases, by instilling affect me. intelligence in mankind for the development Myth: Children don't experience mental of medicine, which He intended for good. health problems. There is no way mankind could have done Myth: People with mental health problems so, without His empowerment. We will need are violent and unpredictable. to do our part, by doing all we can to get Myth: People with mental health needs, help from what He has created. When we even those who are managing their mental come to the end of ourselves, He will do illness, cannot tolerate the stress of holding the impossible. down a job. To family, friends, colleagues and Myth: Personality weakness or character acquaintances, you can help by getting ďŹ‚aws, cause mental health problems. People informed, so you know what the signs with mental health problems, can snap are, and you know what to do to help. out of it if they try hard enough. Read between the lines, listen to save a Myth: There is no hope for people with life. Say no to Mental Health Illiteracy! mental health problems. Once a friend or Quickly, I would love to share what the family member develops mental health early tell-tale signs are, do not ignore these: problems, he or she will never recover. Eating or sleeping too much or too Myth: Therapy and self-help are a waste little of time. Why bother, when you can just Pulling away from people and usual take a pill? activities Myth: I can't do anything for a person Having low or no energy with a mental health problem. Feeling numb or like nothing matters Myth: Prevention doesn't work. It is Having unexplained aches and pains impossible to prevent mental illnessesâ€?. Feeling helpless or hopeless Mental illness is not a choice, but a Smoking, drinking, or using drugs disease. You do not ask for it. more than usual It is time, TO STOP THE STIGMA against Feeling unusually confused, forgetful, this class of people. It is also time, to stop the on edge, angry, upset, worried, or scared stigma, even against yourself! Yelling or ďŹ ghting with family and friends I will be the first to say, Chinweoke, stop Experiencing severe mood swings that the stigma, even against yourself!!! I have cause problems in relationships had thoughts of suicide persistently for most Having persistent thoughts and of my life, clearly brought on by depression, memories you canâ€™t get out of your head which I refused to acknowledge. I couldnâ€™t Hearing voices or believing things associate myself with such â€˜uncoolâ€™ issues. that are not true 3FHBSEJOH TVJDJEF NZ $ISJTUJBO 'BJUI Thinking of harming yourself or others protected me from this outcome. I have only Inability to perform daily tasks, like taking care of your kids or getting to work or school Vital information: One or all of the following symptoms, must affect and hamper the quality of your life significantly, to be determined as an early sign of mental illness, whether mild, moderate or pronounced. Stop the Stigma, help someone today by being knowledgeable!

â€œREGARDING SUICIDE, MY CHRISTIAN FAITH PROTECTED ME FROM THIS OUTCOME. I HAVE ONLY RECENTLY GAINED KNOWLEDGE, AND UNDERSTOOD THAT BOTH SITUATIONS ARE VALID ILLNESSES, AND NOTHING TO BE ASHAMED OF. I GOT PAST THE STIGMA AGAINST MYSELF, AND RECEIVED HELP. I SPOKE UP AND GOT TREATEDâ€?

Chinweoke Okpalaji, Lawyer, Founder of HeadsTogether Nigeria, a Mental Health Awareness Non-Governmental Organisation for Women and Children. Contact: Chinweoke.okpalaji@gmail.com

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˜ ͺͼ˜ ͺ͸͹Ͷ ˾ T H I S D AY

Nigeria Daily Stock Market Report:

d,/^ z &Z/Es ^d ϰϬ > ^ d, E^ ^/ Θ E^ ϯϬ /E y dŚĞ dŚŝƐ ĂǇ ĨƌŝŶǀĞƐƚ ϰϬ ŝŶĚĞǆ ǁĂƐ ĐƌĞĂƚĞĚ ŽǀĞƌ Ă ǇĞĂƌ ĂŐŽ ;:ƵŶĞ ϱƚŚ ϮϬϭϳͿ ĐŽŶƐŝƐƟŶŐ ŽĨ ϰϬ ƐƚŽĐŬƐ ǁŚŝĐŚ ĐƵƚ ĂĐƌŽƐƐ ƚŚĞ ǀĂƌŝŽƵƐ ƐĞĐƚŽƌƐ ŽŶ ƚŚĞ EŝŐĞƌŝĂŶ ^ƚŽĐŬ ǆĐŚĂŶŐĞ͘ dŚĞƐĞ ƐƚŽĐŬƐ ǁĞƌĞ ƐĞůĞĐƚĞĚ ďĂƐĞĚ ŽŶ ƚŚĞŝƌ ůŝƋƵŝĚŝƚǇ͕ ƚƌĂĚĂďŝůŝƚǇ ;ŇŽĂƚͿ ĂŶĚ ƐŝǌĞ ;ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝǌĂƟŽŶͿ͘ ŽůůĞĐƟǀĞůǇ͕ ƚŚĞƐĞ ƐƚŽĐŬƐ ĂĐĐŽƵŶƚ ĨŽƌ ϵϰ͘Ϭй ŽĨ ƚŽƚĂů ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝǌĂƟŽŶ ĂŶĚ ĂƉƉƌŽǆŝŵĂƚĞůǇ ϰϮ͘Ϭй ŽĨ ƚƌĂĚĂďůĞ ŇŽĂƚ͘ Ɛ Ăƚ DŽŶĚĂǇ͕ ϮϯƌĚ ŽĨ :ƵůǇ ϮϬϭϴ͕ ƚŚĞ ĨƌŝŶǀĞƐƚ ϰϬ ŝŶĚĞǆ ĂƉƉƌĞĐŝĂƚĞĚ Ϭ͘ϯϰй ƚŽ ƐĞƩůĞ Ăƚ ϭ͕ϰϵϯ͘Ϯϳ ƉŽŝŶƚƐ ǁŚŝůĞ zd ƌĞƚƵƌŶ ŝŵƉƌŽǀĞĚ ƚŽ ʹϯ͘Ϯй͘ dŚĞ zd ƌĞƚƵƌŶ ŽĨ ƚŚĞ dŚŝƐ ĂǇ ĨƌŝŶǀĞƐƚ ϰϬ ƐƵƌƉĂƐƐĞƐ ƚŚĞ zd ƌĞƚƵƌŶ ŽĨ ƚŚĞ E^ ůů ^ŚĂƌĞ /ŶĚĞǆ ĂŶĚ ƚŚĂƚ ŽĨ ƚŚĞ E^ ϯϬ ǁŚŝĐŚ ĂƌĞ ŶĞŐĂƟǀĞ ŽĨ Ͳϰ͘Ϭй ĂŶĚ ʹϱ͘ϳй ƌĞƐƉĞĐƟǀĞůǇ͘ zĞƐƚĞƌĚĂǇ͛Ɛ ƉŽƐŝƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ŝŶ ƚŚĞ dŚŝƐĚĂǇ ĨƌŝŶǀĞƐƚ ϰϬ ǁĂƐ ĚƵĞ ƚŽ ďƵǇ ŝŶƚĞƌĞƐƚ ŝŶ 'h Z Edz ;Ϯ͘ϭйͿ͕ E/d, ;Ϭ͘ϮйͿ ĂŶĚ E/' Z/ E Z t Z/ ^ ;Ϭ͘ϱйͿ ǁŚŝĐŚ ĐƵŵƵůĂƟǀĞůǇ ĂĐĐŽƵŶƚ ĨŽƌ ϰϬ͘ϳй ŽĨ ƚŚĞ ŝŶĚĞǆ͘ ƵǇ /ŶƚĞƌĞƐƚ ŝŶ ĞůůǁĞƚŚĞƌƐ WƵƐŚĞƐ ƚŚĞ ĞŶĐŚŵĂƌŬ /ŶĚĞǆ ,ŝŐŚĞƌ͙ E^ ^/ ƵƉ ϯϬďƉƐ dŚĞ dƌĂĚŝŶŐ ĂĐƟǀŝƟĞƐ ŽŶ ƚŚĞ ůŽĐĂů ďŽƵƌƐĞ ǁĞƌĞ ďƵůůŝƐŚ ǇĞƐƚĞƌĚĂǇ ĂƐ ƚŚĞ ďĞŶĐŚŵĂƌŬ ŝŶĚĞǆ ƌŽƐĞ Ϭ͘ϯй ƚŽ ϯϲ͕ϳϭϭ͘ϵϲ ƉŽŝŶƚƐ ǁŚŝůĞ zd ůŽƐƐ ĚĞĐůŝŶĞĚ ƚŽ Ͳϰ͘Ϭй͕ ŵĂũŽƌůǇ ĚƵĞ ƚŽ ŝŶǀĞƐƚŽƌ ďƵǇ ŝŶƚĞƌĞƐƚ ŝŶ ďĞůůǁĞƚŚĞƌƐ ʹ 'h Z Edz ;нϮ͘ϭйͿ͕ E' D ;нϬ͘ϲйͿ͕ E/' Z/ E Z t Z/ ^ ;нϬ͘ϱйͿ ĂŶĚ & E, ;нϭ͘ϭйͿ͘ ŽŶƐĞƋƵĞŶƚůǇ͕ ŝŶǀĞƐƚŽƌƐ ŐĂŝŶĞĚ Eϯϵ͘ϯďŶ ĂƐ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝǌĂƟŽŶ ƌŽƐĞ ƚŽ Eϭϯ͘ϯƚŶ͘ ,ŽǁĞǀĞƌ͕ ĂĐƟǀŝƚǇ ůĞǀĞů ǁĞĂŬĞŶĞĚ ĂƐ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ĚĞĐůŝŶĞĚ ϲϲ͘ϴй ĂŶĚ ϰϯ͘ϰй ƚŽ ϮϮϱ͘ϵŵ ƵŶŝƚƐ ĂŶĚ EϮ͘ϮďŶ ƌĞƐƉĞĐƟǀĞůǇ͘ dŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďǇ ǀŽůƵŵĞ ǁĞƌĞ D s/ t /Z ;ϭϬϬ͘Ϭŵ ƵŶŝƚƐͿ͕ dZ E^ KZW ;ϭϲ͘ϭŵ ƵŶŝƚƐͿ ĂŶĚ E/d, ;ϭϭ͘ϯŵ ƵŶŝƚƐͿ ǁŚŝůĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ďǇ ǀĂůƵĞ ǁĞƌĞ E' D ;Eϱϲϰ͘ϭďŶͿ͕ 'h Z Edz ;Eϯϭϱ͘ϱďŶͿ ĂŶĚ E/d, ;EϮϲϬ͘ϯďŶͿ͘ ƵůůŝƐŚ ^ĞĐƚŽƌ WĞƌĨŽƌŵĂŶĐĞ dŚĞ WĞƌĨŽƌŵĂŶĐĞ ĂĐƌŽƐƐ ƐĞĐƚŽƌƐ ǁĂƐ ůĂƌŐĞůǇ ďƵůůŝƐŚ ĂƐ ϰ ŽĨ ϱ ŝŶĚŝĐĞƐ ƵŶĚĞƌ ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ ŶŽƌƚŚǁĂƌĚƐ͘ dŚĞ ĂŶŬŝŶŐ ŝŶĚĞǆ ŐĂŝŶĞĚ ƚŚĞ ŵŽƐƚ͕ ƵƉ Ϭ͘ϲй ĚƵĞ ƚŽ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ 'h Z Edz ;нϮ͘ϭйͿ͕ E/d, ;нϬ͘ϮйͿ ĂŶĚ t D ;нϱ͘ϴйͿ ǁŚŝůĞ ƚŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞǆ ĨŽůůŽǁĞĚ ĐůŽƐĞůǇ͕ ƌŝƐŝŶŐ Ϭ͘ϰй͕ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ŐĂŝŶƐ ŝŶ E' D ;нϬ͘ϲйͿ ĂŶĚ EE ;нϰ͘ϰйͿ͘ ^ŝŵŝůĂƌůǇ͕ ƚŚĞ /ŶƐƵƌĂŶĐĞ ĂŶĚ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚŝĐĞƐ ƌŽƐĞ Ϭ͘ϯй ĂŶĚ Ϭ͘ϭй ƌĞƐƉĞĐƟǀĞůǇ͕ ďƵŽǇĞĚ ďǇ ŝŶǀĞƐƚŽƌƐΖ ŝŶƚĞƌĞƐƚ ŝŶ KEd/E^hZ ;нϲ͘ϬйͿ͕ E ^ KE ;нϮ͘ϳйͿ ĂŶĚ &>KhZD/>>^ ;нϭ͘ϬйͿ͘ KŶ ƚŚĞ ŇŝƉƐŝĚĞ͕ ƚŚĞ Kŝů Θ 'ĂƐ ŝŶĚĞǆ ůŽƐƚ ϭ͘ϳй͕ ĂƐ ŝŶǀĞƐƚŽƌƐ ƐŽůĚ ƉŽƐŝƟŽŶƐ ŝŶ K E K ;Ͳϳ͘ϮйͿ ĂŶĚ &KZd ;Ͳϵ͘ϳйͿ͘ /ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ /ŵƉƌŽǀĞƐ /ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďǇ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬ ĚĞĐůŝŶĞ ƌĂƟŽͿ ŝŵƉƌŽǀĞĚ ƚŽ ϭ͘ϭǆ ĨƌŽŵ Ϭ͘ϴǆ ƌĞĐŽƌĚĞĚ ŝŶ ƚŚĞ ƉƌŝŽƌ ƐĞƐƐŝŽŶ ĂƐ ϮϬ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϭϴ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŽƉ ŐĂŝŶĞƌƐ ǇĞƐƚĞƌĚĂǇ ǁĞƌĞ hd/y ;нϭϬ͘ϬйͿ͕ KEd/E^hZ ;нϲ͘ϬйͿ ĂŶĚ t D ;нϱ͘ϴйͿ ǁŚŝůĞ ƚŽƉ ůŽƐĞƌƐ ǁĞƌĞ z ^ ;ͲϭϬ͘ϬйͿ͕ hW> ;Ͳϵ͘ϴйͿ ĂŶĚ &KZd ;Ͳϵ͘ϳйͿ͘ zĞƐƚĞƌĚĂǇ͕ ǁĞ ƐĂǁ ŝŶǀĞƐƚŽƌƐ ƚĂŬĞ ĂĚǀĂŶƚĂŐĞ ŽĨ ĂƩƌĂĐƟǀĞ ĞŶƚƌǇ ŽƉƉŽƌƚƵŶŝƟĞƐ ŝŶ ƐŽŵĞ ŵŝĚ ƚŽ ůĂƌŐĞ ĐĂƉ ƐƚŽĐŬƐ ƚŚĂƚ ǁĞƌĞ ƚƌĂĚŝŶŐ ĐůŽƐĞ ƚŽ ƚŚĞ ŽǀĞƌƐŽůĚ ƌĞŐŝŽŶ͕ ďĂƐĞĚ ŽŶ ƚŚĞ ZĞůĂƟǀĞ ^ƚƌĞŶŐƚŚ /ŶĚĞǆ ;Z^/Ϳ͘ /Ŷ ƐƵďƐĞƋƵĞŶƚ ƐĞƐƐŝŽŶƐ͕ ǁĞ ĞǆƉĞĐƚ ďĂƌŐĂŝŶ ŚƵŶƟŶŐ ƚŽ ŬĞĞƉ ƉĞƌĨŽƌŵĂŶĐĞ ƵƉďĞĂƚ͘

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

Tuesday, July 24, 2018

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

Current Price

Ticker

THISDAY AFRINVEST 40

1,493.27

Price Price Previous Current Change Change Price Weightin YTD Index to Change g Date

0.34%

-3.2%

49.3%

ROE

ROA

P/E

P/BV

18.8%

6.8%

7.0x

0.8x

Divinden Earnings d Yield Yield

5.7%

11.6%

Guaranty Trust Bank PLC

38.80

2.1%

21.1%

-4.8%

-4.3%

32.6%

5.2%

6.3x

2.2x

7.0%

15.9%

Zenith Bank PLC

23.05

0.2%

12.1%

-10.1%

-11.1%

26.3%

3.6%

3.9x

1.0x

11.7%

25.9%

Nigerian Brew eries PLC

108.00

0.5%

7.5%

-19.9%

-20.0%

17.4%

27.1x

4.6x

3.8%

3.7%

Nestle Nigeria PLC

1,430.00

0.0%

7.7%

-8.1%

73.3%

18.9%

33.4x

21.2x

2.9%

3.0%

Dangote Cement PLC

236.00

0.6%

6.6%

2.6%

21.7%

9.9%

24.1x

5.6x

4.5%

4.2%

FBN Holdings Plc

9.15

1.1%

5.9%

4.0%

4.1%

6.7%

0.8%

6.6x

0.5x

2.7%

15.2%

Access Bank PLC

10.00

-1.0%

4.5%

-4.3%

-5.7%

12.7%

1.5%

4.9x

0.6x

6.5%

20.3%

United Bank for Africa PLC

9.40

-1.6%

4.1%

-8.7%

-9.7%

15.9%

1.9%

4.2x

0.7x

8.9%

24.1%

2.8%

29.9% 10.9%

Ecobank Transnational Inc

SEPLAT Petroleum Development C

20.40

-1.2%

4.1%

20.0%

25.4%

12.2%

1.0%

6.7x

0.8x

650.00

0.0%

3.3%

3.8%

22.3%

13.2%

3.3x

0.7x

15.0%

Stanbic IBTC Holdings PLC

48.55

-0.5%

3.5%

17.0%

18.7%

30.8%

4.1%

9.2x

2.5x

1.0%

Unilever Nigeria PLC

52.00

0.0%

3.3%

26.8%

29.3%

20.4%

8.7%

28.7x

3.8x

1.0%

3.5%

Guinness Nigeria PLC

97.00

0.0%

2.5%

3.2%

15.4%

6.1%

18.5x

2.5x

0.7%

5.4%

Lafarge Africa PLC

32.50

0.0%

1.2%

-27.6%

-36.8%

-7.7%

1.8x

4.6%

-19.0%

Fidelity Bank PLC

1.90

1.1%

1.0%

-22.8%

-26.4%

10.4%

1.4%

1.5x

0.3x

5.8%

Oando PLC

5.15

-7.2%

1.2%

-14.0%

10.3%

1.5%

6.4x

0.4x

0.0%

1.1%

-11.5%

-13.1%

45.0%

20.0%

6.0x

2.0x

14.1%

16.7%

3.9%

12.1%

67.0% 15.6%

Dangote Sugar Refinery PLC

17.70

Okomu Oil Palm PLC

83.00

0.0%

1.4%

22.6%

39.7%

29.4%

8.3x

2.8x

International Brew eries PLC

37.10

-1.1%

0.5%

-31.9%

-32.5%

24.6%

7.4%

38.8x

8.8x

Flour Mills of Nigeria PLC

30.00

1.0%

0.7%

3.4%

10.4%

2.8%

6.6x

0.8x

3.3%

15.2% 15.9%

2.6%

Transnational Corp of Nigeria

1.22

4.3%

0.5%

-16.4%

-17.6%

12.9%

2.8%

6.3x

0.8x

1.7%

UAC of Nigeria PLC

13.10

-1.1%

0.5%

-22.5%

1.5%

0.6%

21.3x

0.6x

5.0%

Diamond Bank PLC

1.30

0.0%

0.5%

-13.3%

-17.2%

-5.8%

-0.7%

-13.0%

25.0%

5.3%

9.7x

2.3x

8.5%

10.3%

26.6%

5.8%

0.9%

3.8x

0.2x

5.0%

26.2%

-7.5%

38.8%

15.7%

6.5x

2.2x

4.4%

15.5%

3.1%

6.3%

Total Nigeria PLC

FCMB Group Plc

200.00

0.0%

0.5%

2.00

2.0%

0.7% 0.5%

0.1x

4.7% -56.3%

11 PLC

180.00

0.0%

Forte Oil PLC

25.20

-9.7%

0.3%

-42.0%

-40.0%

17.6%

1.6%

13.6x

2.1x

PZ Cussons Nigeria PLC

16.80

0.0%

0.3%

-18.4%

-20.6%

10.7%

5.0%

15.9x

1.6x

Cadbury Nigeria PLC

11.10

-2.6%

0.3%

-29.2%

-28.8%

2.0%

0.8%

51.9x

1.8x

1.4%

1.9%

Presco PLC

66.15

0.0%

0.4%

-3.4%

35.8%

24.8%

2.7x

0.8x

3.2%

36.4%

NASCON Allied Industries PLC

20.80

2.7%

0.4%

12.4%

8.2%

52.3%

19.7%

9.9x

4.4x

7.2%

10.1%

UPDC Real Estate Investment Tr

9.00

0.0%

0.3%

-10.0%

0.8x

8.4%

-7.5%

7.4%

Union Bank of Nigeria PLC

5.80

0.0%

0.3%

-25.6%

-22.8%

5.3%

1.1%

8.3x

0.6x

Julius Berger Nigeria PLC

24.30

0.0%

0.3%

-13.2%

17.3%

1.8%

6.7x

1.1x

4.1%

14.9%

0.3%

27.8%

22.1%

10.7%

1.0%

4.1x

0.4x

1.4%

24.2%

Sterling Bank PLC

1.38

1.5%

8.90

12.0%

Dangote Flour Mills Plc

-2.2%

0.2%

-26.7%

0.0%

1.1x

2.2%

GlaxoSmithKline Consumer Niger

16.70

0.0%

0.2%

-22.7%

4.4%

2.8%

26.4x

1.1x

44.9%

3.8%

Chemical and Allied Products P

35.00

1.4%

0.2%

2.9%

-2.0%

66.2%

30.2%

16.4x

10.9x

5.9%

6.1%

Beta Glass PLC

81.00

0.0%

0.2%

57.9%

17.7%

11.5%

9.8x

1.6x

1.3%

10.2%

Transcorp Hotels Plc

7.45

0.0%

0.1%

3.3%

5.3%

2.9%

19.5x

1.0x

1.7%

5.1%

T o p 10 G a i n e r s

T o p 10

T ic k er

P ric e

P ric e C hg %

C UT IX

3.30

10.0%

T ra de s

T ic k er

C ON T IN SUR E

1.59

by V o lum e

Vo lum e

P ric e C hg %

M ED VIEWA IR

1 00.0

0.0%

T R A N SC OR P

1 6.1

4.3%

Z EN IT H B A N K

1 1 .3

0.2%

GUA R A N T Y

8.2

2.1 %

A C C ESS

6.7

-1 .0%

6.0%

WEM A B A N K

0.73

5.8%

T R A N SC OR P

1.22

4.3%

J A P A ULOIL

0.32

3.2%

LA SA C O

0.34

3.0%

FB NH

6.2

1 .1 %

N A SC ON

20.80

2.7%

F ID ELIT YB K

5.8

1 .1 %

GUA R A N T Y

38.80

2.1%

FCM B

5.6

2.0%

FCM B

2.00

2.0%

D IA M ON D B N K

5.6

0.0%

UC A P

3.15

1.6%

UB A

5.4

-1 .6%

T o p 10 L o s e r s T ic k er

T o p 10

P ric e

P ric e C hg %

1.17

-10.0%

T ic k er

A B B EYB D S UP L

T ra de s Value

by V a lue P ric e C hg %

D A N GC EM

564.1

GUA R A N T Y

31 5.5

0.6% 2.1 %

Z EN IT H B A N K

260.3

0.2%

256.3

0.5%

M ED VIEWA IR

21 4.0

0.0%

2.30

-9.8%

25.20

-9.7%

UA C -P R OP

1.73

-9.4%

A IIC O

0.61

-9.0%

C H A M P ION

1.90

-7.3%

N EST LE

1 06.9

0.0%

OA N D O

5.15

-7.2%

A C C ESS

67.5

-1 .0%

J A IZ B A N K

0.61

-6.2%

FB NH

56.1

1 .1 %

T R A N SEXP R

0.76

-5.0%

UB A

51 .1

-1 .6%

WA P IC

0.42

-4.5%

ST A N B IC

44.5

-0.5%

Investment Research

Brokerage Ayodeji Ebo | aebo@afrinvest.com

Robert Omotunde | romotunde@afrinvest.com

Bolaji Fajenyo | bfajenyo@afrinvest.com

Eronmosele Aziba | eaziba@afrinvest.com

T H I S D AY ˾ TUESDAY, JULY 24, 2018

MARKET NEWS

NAHCO Shareholders Approve N406m Dividend, Hail Board, Management Goddy Egene Shareholders of the Nigerian Aviation Handling Company Plc (Nahco, Aviance) last Friday approved the 25 kobo dividend per share paid by the for the year ended December 31, 2017. The shareholders who spoke at 37ty annual general meeting (AGM) of the company in Abuja commended the performance of the company despite the challenging operating environment. The NAHCO recorded a

turnover of N7.926 billion and profit after tax of N776 million, up from N581 million in 2016. Hence, a dividend of N406 million that translated to 25 kobo per share. Shareholders described the performance as impressive and urged the directors and management ensure sustenance of the positive results. For instance, Mr. Moses Igbrude of the Independent Shareholders Association of Nigeria, said within a short time the chairman and the

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

new managing director have stabilised the company and placed it on the diversification trajectory. In the same vein, Mr. Okezie Boniface of the Progressive Shareholders Association of Nigeria said he was pleased that despite the unfavourable business environment, the company was able to pay 25 kobo dividend. He said the key to increased revenue yield was to diversify and as well strengthen NAHCO’s subsidiaries. Addressing the shareholders,

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 20-July-2018, unless otherwise stated.

the Chairman of NAHCO, Usman Bello said as part of management’s motivation strategy, 846 staff members were promoted in 2017, while increasing their salaries at the same time. He said following the resignation of the former Managing Director/CEO, Mr. Norbert Bielderman, Mr. Idris Yakubu was appointed as the new MD. On the outlook for 2018, the chairman said it intends to take the advantage of the country’s expected higher agricultural

yield for its NAHCO Cargo export division, disclosing that the diversification ventures were on track with the NAHCO Free Trade Zone moving to the second phase of development. Also speaking, Yakubu said despite the harsh operating climate, the company remained strong and even more focused in 2018. He revealed that aside from the new acquisitions and the facility upgrade undertaken in the export warehouse to facilitate export of perishables

and other goods, there is huge improvement in the service levels across the country to the delight of the airlines. He added that NAHCO’s subsidiaries should begin to contribute hugely to the company’s performance in 2018 and beyond. He said the launching of the Nigeria Air will, without doubt, provide an opportunity to bolsters the revenue of NAHCO, adding that its diversification and panAfricanisation plans would be revisited later in the year.

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 180.89 181.03 1.62% Nigeria International Debt Fund 246.89 247.02 6.73% 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 0.83 0.84 1.39% ACAP Income Funds 0.62 0.62 3.93% 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 12.58% 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 146.56 147.59 -3.38% AXA Mansard Money Market Fund 1.00 1.00 12.08% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 10.61% Paramount Equity Fund 11.84 12.14 6.77% Women's Investment Fund 103.27 105.91 2.62% 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 12.62% 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 12.19% Coronation Balanced Fund 1.16 1.19 11.09% Coronation Fixed Income Fund 1.14 1.17 9.69% 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 1,170.50 1,171.21 8.25% FBN Heritage Fund 145.04 146.15 3.91% FBN Money Market Fund 100.00 100.00 12.10% FBN Nigeria Eurobond (USD) Fund - Institutional $113.42 $113.89 2.85% FBN Nigeria Eurobond (USD) Fund - Retail $113.42 $113.89 2.91% FBN Nigeria Smart Beta Equity Fund 165.40 167.72 3.29% 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 1.31 1.33 0.70% Legacy Debt Fund 3.09 3.09 7.12% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund N/A N/A N/A Coral Income Fund N/A N/A N/A GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 12.38% Nigeria Entertainment Fund 102.23 103.58 2.44% 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 12.48% Vantage Balanced Fund 2.14 2.16 1.29% Vantage Guaranteed Income Fund 1.00 1.00 14.23% Kedari Investment Fund (KIF) 120.75 121.08 4.97%

LOTUS CAPITAL LTD ﬁncon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.19 1.21 3.53% Lotus Halal Fixed Income Fund 1,060.21 1,060.21 5.20% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund N/A N/A N/A Meristem Money Market Fund N/A N/A N/A PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.32 1.35 11.17% PACAM Fixed Income Fund 11.72 11.78 6.15% PACAM Money Market Fund 10.00 10.00 12.09% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 128.23 128.90 -1.04% 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 1.61 1.61 8.63% 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 2,330.36 2,349.37 3.89% Stanbic IBTC Bond Fund 187.09 187.09 6.03% Stanbic IBTC Ethical Fund 1.01 1.02 0.50% Stanbic IBTC Guaranteed Investment Fund 241.17 241.22 9.51% Stanbic IBTC Iman Fund 176.27 178.25 -1.58% Stanbic IBTC Money Market Fund 100.00 100.00 11.89% Stanbic IBTC Nigerian Equity Fund 9,417.54 9,544.40 -2.61% Stanbic IBTC Dollar Fund (USD) 1.10 1.10 4.04% 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 1.16 1.17 -2.23% United Capital Bond Fund 1.52 1.52 6.74% United Capital Equity Fund 0.78 0.79 1.16% United Capital Money Market Fund 1.00 1.00 11.54% United Capital Eurobond Fund 104.06 104.06 4.05% United Capital Wealth for Women Fund 1.08 1.08 3.66% 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 12.64 12.84 1.03% Zenith Ethical Fund 13.43 13.58 1.93% Zenith Income Fund 20.58 20.58 8.74% Zenith Money Market Fund 1.00 1.00 11.01%

REITS NAV Per Share

Yield / T-Rtn

11.41 136.73 51.39

1.01% 3.22% 1.10%

Bid Price

Offer Price

Yield / T-Rtn

11.75 140.46 106.39

11.95 143.38 108.34

-2.62% -1.68% -2.63%

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

4.47 8.54 17.02 18.55 145.07

4.51 8.62 17.12 18.75 147.07

-5.66% -10.68% -2.74% -5.67% 6.02%

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

T H I S D AY ˾ ͰͲ˜ ͰͮͯͶ

ADVERTORIAL

T H I S D AY Ë¾ TUESDAY JULY 24, 2018

T H I S D AY ˾ ͰͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY JULY 24, 2018

T H I S D AY ˾ ͰͲ˜ ͰͮͯͶ

˜ ͺͼ˜ ͺ͸͹Ͷ ˾ T H I S D AY

FOREIGN/DIPLOMATIC AFFAIRS

Editor: VINCENT OBIA vincent.obia@thisdaylive.com 0805 468 1757

In Brief Trump Weighs Stripping Critics’ Security Clearances The White House on Monday threatened to strip six former U.S. intelligence and law enforcement officials, including Obamaera CIA director John Brennan, of their security clearances as President Donald Trump considers striking back at critics of his summit meeting last week with Russia President Vladimir Putin, Reuters reports. White House spokeswoman Sarah Sanders said Trump’s administration was also considering taking away the security clearances of former FBI Director James Comey, a vocal critic fired by Trump last year. Former Director of National Intelligence James Clapper, former National Security Agency Director Michael Hayden, former White House national security adviser Susan Rice, and former FBI Deputy Director Andrew McCabe could also lose their clearances, Sanders said.

Man Arrested after Knife Attack in Canada

Theresa May

As Brexit Countdown Clock Ticks

Theresa May faces increasingly difficult choices ahead of formal negotiations with the European Union on Britain’s exit from the union. Vincent Obia reports

ast Tuesday, the government of Prime Minister Theresa May won a crucial vote in the British parliament against the country remaining part of the customs union with the European Union after its exit from the EU in March next year. May won approval for her post-Brexit customs arrangements by a slim margin of six votes with 307-301. She survived an attempt by pro-EU conservative lawmakers to change her post-Brexit trade strategy and keep London in a customs union with Brussels if a trade deal is not agreed by January next year. The government, however, lost by 305-301 a vote on a post-Brexit trade bill to allow Britain to continue to participate in the European medicines regulatory framework. Trade Minister Liam Fox hailed the parliamentary victory, saying the government’s future trade bill is “an important bill providing continuity and stability.” Fox said, “It will be the confident first step that the UK takes in establishing itself as an independent trading nation.” But it was a victory that set a very pessimistic tone for Brexit and increased the prospects for a no deal exit, a situation May does not wish to have. The government published its highly anticipated Brexit whitepaper on July 12, laying out proposal for the kind of exit it desires. The document calls for close economic ties with the EU through a new free trade area as well as “common rulebook” for manufactured goods. The document also says the United Kingdom would allow citizens to travel freely and without

a visa for tourism and temporary business matters and support businesses “to move their talented people”. New Brexit minister Dominic Raab, who was appointed May 9 following the resignation of Boris Johnson over the government’s approach, presented the white paper to parliament, saying, “Now, it is time for the EU to respond in kind. “We approach these negotiations with a spirit of pragmatism, compromise and, indeed, friendship. I hope, I trust that the EU will engage with our proposals in the same spirit.” But the proposal was quickly rejected by EU chief negotiator Michel Barnier. Speaking in Brussels last week after a meeting with EU national ministers, Barnier raised serious concerns about the Chequers white paper plan for customs control and single market regulation for goods, saying the proposal may not be “legally feasible” or in EU’s interest. Barnier said May’s complex proposal for customs would likely create a whole new amount of paperwork, warning, “Brexit cannot and will not justify additional bureaucracy.” He said a plan to exclude UK services from following EU rules could give a “significant competitive advantage” to Britain and agreeing to that might not be in the EU’s own best interests. Barnier said he had told member states to prepare for a no-deal scenario. Coming just hours after May called her Brexit whitepaper a significant improvement on the previous version and ruled out further compromises, the EU chief negotiator’s response was a big blow to prospects for a Brexit deal. It represented EU’s first reaction to the whitepaper. With May’s Brexit proposal facing increasing likelihood of rejection by the EU, and Tory eurosceptics giving her virtually no room for manoeuvre in Westminster to meet Barnier’s concerns, the prime minister faces a dilemma. She faces difficult no deal scenarios. Britain is expected to reach a withdrawal agreement with the EU ahead of its exit from the union in March next year. The UK also has another 21-month transitional

period, till December 2020, to agree on details of a longer term relationship with the EU. With the strong possibility of a no deal Brexit, experts say the worst-case scenario would be for May to take Britain out of EU at the end of March 2019 without any political agreement and no transition to a future arrangement. And the best no deal scenario would be to use the next 21 months before December 2020 to put in place bilateral agreements for trading as a third country. Former UK Prime Minister Tony Blair, who remains opposed to Brexit, says the exit plan holds no workable options. “What is wrong with it is that it won’t work, it’s not going to please anyone and it doesn’t resolve the basic dilemma. The basic dilemma is, do you stay close to Europe in order to minimise economic damage, in which case, one way or another, you will to abide by Europe’s rules, and so people would then say, ‘what’s the point of leaving at all? I thought we were leaving to get rid of these rules, what’s the point?” Blair tells BBC. “And on the other side, you do a clean break Brexit, which is what the true Brexiteers want, in which case there would be at least short to medium term significant economic disruption, in which case people say, what’s the price?” In 2016, the UK electorate voted in a referendum, with 52 per cent, or 17.4 million people, choosing to leave the EU, and 48 per cent, or 16 million, electing to stay. A new poll this week conducted by YouGov shows that May’s plans to leave the EU are overwhelmingly opposed by the British public and more than a third of the population would support a new right-wing political party committed to quitting the bloc. The former prime minister believes there may be need for a second Brexit referendum. “I don’t see another way out,” he says. “The other two alternatives are crashing out without a deal, which is obviously a disaster, or a general election, which the Conservatives would never grant because they know this will be a disastrous thing to do.” May certainly didn’t wish to have this dilemma.

A man armed with a knife was arrested after an incident during a military ceremony on Parliament Hill in the Canadian capital Ottawa on Monday, the defense ministry said, adding that no one had been injured, according to Reuters. Hours earlier, a gunman shot dead two people in Toronto, Canada’s largest city. The ministry statement said an incident “involving a man with a knife” took place during the Changing of the Guard ceremony, which features red-suited soldiers in black hats and is popular with tourists. “The potential threat was identified and neutralised. No one was injured during this incident,” the statement said. It gave no further details. The Royal Canadian Mounted Police said a man had been arrested after an incident.

UN Court Rules UAE Blockade Violated Qataris’ Rights A provisional ruling by the United Nations’ top court on Monday found that measures put in place by the United Arab Emirates as part of its embargo against Qatar amount to racial discrimination, Al Jazeera reports. In June 2017, the UAE, along with Saudi Arabia, Bahrain and Egypt, imposed a land, air and sea blockade against Qatar and severed ties with it, in one of the worst diplomatic disputes in the Gulf in decades. Last month, Qatar filed a case at the International Court of Justice (ICJ), accusing the UAE of violating international laws by expelling thousands of Qataris – many of whom have family or own property in the UAE – and closing UAE airspace and seaports to Qatar. It alleged the boycott violates the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) – including discrimination on the basis of nationality – a treaty signed by both the UAE and Qatar. Saudi Arabia, Bahrain and Egypt are not signatories of the CERD convention.

Major Forest Fires Rage near Athens Several forest fires, fuelled by strong winds, raged around Greece’s capital, Athens, on Monday, damaging homes, disrupting major transport links and sending people fleeing for their lives. Authorities on Monday declared a state of emergency in two areas near Athens and said Greece would call on the European Union for assistance, according to Al Jazeera. The first blaze broke out in a forest near the coastal settlement of Kineta, some 55km west of the capital. Residents were urged to abandon their homes as the ferocious fire closed one of Greece’s busiest motorways, shut train services, and sent plumes of smoke over the capital. Later in the late afternoon, a large fire also erupted north and east of Athens. A local mayor said he saw at least 100 homes and 200 cars engulfed in flames.

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PAGE FORTY

Fearing Monopoly, FG Urges Core Investors to Divest Equity in Discos Retains 40 per cent equity holding Chineme Okafor in Abuja The Bureau of Public Enterprises (BPE) on Monday said the government was scarred of allowing new monopolies to emerge in Nigeria’s power sector and expected core investors who own 60 per cent equity in the country’s electricity distribution companies (Discos) to divest parts of their shareholdings to new investors to raise capital for their upgrade. The privatisation agency explained the government was also not comfortable with the idea of selling parts of its 40 per cent equity in the Discos as frequently requested by their core investors, stating clearly that it would rather hold on to its shares and force the Discos to shed off theirs instead if they wanted to raise equity financing as against debt to upgrade their operations. Director General of the BPE, Mr. Alex Okoh, stated at a stakeholders’ and investors’ forum organised by the agency in Abuja, that conversations on how the Discos could upgrade their operations were ongoing between it and them, and that options such as getting them instead of the government to sell parts of their shares were on the table. Okoh said, “We are having

very robust engagements with the Discos especially because we sold the assets and hold the government’s 40 per cent interest in all of the Discos. We see our role as collaborative and to also engage our government counterparts for them to see the realities of the Discos businesses and accommodate a consideration of appropriate pricing or tariff for power. “Cross sectorally, all the agencies that are involved in supervising the power sector are discussing to ensure that we are able to build a framework that allows for efficient service delivery and cost recovery for the investors in the sector. “We’ve proposed that there should be a coordinating body for all of those agencies in government responsible for the power sector reforms and that the agency should be in constant conversation with operators.” Asked if the conversations included getting the Discos to sell their shares and how long the conversation had gone on, Okoh said: “We are not taking any options off the table. If the Discos currently because of the way their balance sheets are compromised, are not able to raise sufficient capital to improve the distribution network and provision of

Okoh meters, then we have to look at the possibility of how to admit other investors who may have the capacity financially and other technical expertise to improve the distribution infrastructure.” “We cannot continue to have a situation where the general populace is receiving the wrong end of the stick all the time. What the general public want is improved power supply and power delivered at a reasonable cost, all of the stuff going with the government and Discos, they don’t give a hoot about that, they want power. “So, in meeting the expectations of the public, we as far as government,

are not taking any options off the table including admitting new investors who have the capacity.” He admitted the power privatisation had not lived up to expectations, but noted the government was cautious of selling its 40 per cent shares in the Discos because it still felt the core investors could become monopolies if it gave up its shares in the Discos. “Power is a strategic utility, and government at this time is not comfortable to totally divesting the interest in such an essential core utility. We had proposed that over time as we see the performance of the new private sector investors holding

60 per cent in the Discos and their commitment to providing this key public utility over time, then government can systematically divest its interest but we have to be in a position that we are comfortable with how this key utility is being run, if not there is the possibility that government will be held hostage by the private sector people as far as that is concerned because a responsible government cannot wake up and not explain reasons for a blackout,” he said. On how the BPE rated the power privatisation so far, he said: “Well, it hasn’t achieved its full objectives, I will be the first to admit that and there are various reasons. There are industry issues some of which relate to the price of power, the tariff. “Some of them also have to do with the efficiencies of the current operators of the Discos in terms of how they enumerate the customer base of their franchise areas, how they are able to meter the customers so that people pay for use rather than estimated billing.” “There are infrastructural issues around transformers. The distribution infrastructure needs to be upgraded, and until we are able to pull all

of these various aspects that contribute to the efficiency of the power sector, it will be very difficult to determine what appropriate pricing for tariff should be. “I agree that tariff is not at the level it should be to compensate for the cost of delivering that service now, but the issue is, have we been able to properly assess what the actual cost should be if we factor in the efficiency that the Discos bring into the system. It is only after we have done that empirically that we know the shortfall,” he added. Okoh, equally assessed the performance of other government companies that had been privatised but not doing so well, and explained the government had no intention of taking them back for resell to new investors. He said in this regards: “We cannot resell, it is not re-privatisation, it is already owned by the core investors, but if they make that strategic decision to admit additional investors, that will be fine. And, if they admit that liquidity is the challenge and the way they want to solve it is through equity and not debt, then they can admit investors, but if it is a debt solution, then we can approach the banks - the BoI and others.”

ensure that everything worked out well. The Deputy Senate President, Senator Ike Ekweremadu, said the party was standing firm with Nigerians in all the difficulties they had been subjected to, adding that by the grace of God by the time the PDP regains power in 2019 the people will be rewarded for tenacity and support for the restoration of sanity and good governance in the land. The Acting Minority Leader of the House of Representatives, Hon. Chuka Onyema, said that they were hopeful that things would soon begin to change for the party, adding by the time the party meets again the nomenclature would have become different. According to Onyema, the party would witness mass defection from the APC members in the National Assembly into the PDP. Meanwhile, after weeks of lobbying by President Muhammadu Buhari and the Adams Oshiomhole-led All Progressives Congress

(APC) to persuade them not to leave the party, members of the rAPC have finally resolved to join the PDP this week. Chatting with THISDAY in Abuja, an insider in the rAPC said Buhari and Oshiomhole might have given up on their attempts to persuade the aggrieved members of APC not to leave the party. “Yes, it is settled; we are leaving this week; like the Senate President stated during the week, it is not about him; it is about Nigerians, our democracy and the urgent need to rescue our country’’, the source stated, adding, ‘’And before the end of this week, we will tell Nigerians how we plan to work with the PDP to rescue our country from the hands of President Muhammadu Buhari and his party, the All Progressives Congress.’’ On his part, Tambuwal is also expected to declare his presidential interest under the platform of PDP. He is said to have relocated to Abuja few days ago, in preparation for the decamping to PDP this week.

He added, "The police have obviously corrupted and politicised their investigations into the Offa robbery incident. They have turned it into an instrument for the party in power to suppress perceived opponents, witchhunt issue for blackmailing people from freely choosing which platform on which they want to pursue their ambition and a matter for harassing the people whose exit from APC would harm the chances of the party in the forthcoming elections. "I want to make it apparent that I have no hand in either the robbery incident or any criminal activity. The police in their haste to embarrass me sent the invitation to me at 8pm and requested that I report to the station by 8am tomorrow morning. This obviously demonstrated their desperation as I do not see why they are now in a hurry. "They also stated in today's letter that because in my response of June 7, 2018 to

their own letter written on June 4, 2018, I stated that I was responding simply to the contents of the letter and that the full text of the statement made by the arrested suspects, which they claimed indicted me was not made available to me, they were now including the suspects' statements in the current letter. Yet, instead of including the suspects' statements, they only attached two copies of my own letter to the invitation. No suspect’s statement was made available. "This plot aimed at compelling me and my associates to stay in a party where members are criminalised without just cause, where injustice is perpetrated at the highest level and where there is no respect for constitutionalism is an exercise in futility and it will fail. "Once again, my confidence in God and our judicial system remains intact and unshaken. The truth shall also prevail in this case."

P D P S E T S U P C O M M I T T E E TO D I S C U S S N A M E C H A N G E W I T H r A P C Also, Senate Minority

Leader, Senator Godswill Akpabio, gave the leaders of the main opposition party something to cheer when he said that PDP would soon take control of majority of seats in the National Assembly following the anticipated defection of lawmakers from the ruling party. PDP National Publicity Secretary, Mr. Kola Ologbondiyan, who briefed journalists at the end of the meeting, said as a rebranded and repositioned party, the party would no longer condone any act of indiscipline within its fold. Consequently, some other members were suspended from the party. They were Semiu Sodipo, Bayo Adebayo and Segun Seriki , all from Ogun State chapter of the PDP. On the planned change of name, Ologbondiyan failed to give any specific time frame given the committee to submit its report. "We are not talking of time frame here now because we have no time. Tomorrow we can come out and say this is

what we have decided," he said. Ologbondiyan said that NEC applauded the fusion of R-APC into PDP and approved the alliance entered into by the party with other 39 political parties. He said a template has been approved by the party for every state chapter on how to handle the fusion of new members into the PDP. According to him, a certain percentage of party structure has been approved for states where a serving governor is one of the new members, adding, however, that the National Working Committee (NWC) was not imposing any structure on any state chapter. He said that NEC approved the decision of NWC to challenge the result of Ekiti State governorship election in court, adding that a legal committee headed by the National Legal Adviser, Mr. Emmanuel Enoidem, has been constituted for the purpose. Earlier in his opening address, the National Chairman of the PDP, Prince Uche Secondus, said the

party summoned the crucial meeting of its leaders to assess the state of the nation and to take necessary decision ahead of the 2019 general election. Secondus said a lot of things had happened in the last few months that needed to be addressed for the country to move forward. He said the emergency NEC meeting was convened to review recent happenings in the country and to chat a way forward for the party. He lamented that Nigerians have been traumatised by the orgy of senseless killings going on around the country. According to him what was more worrisome was the fact that the present administration seemed not to have the political will to address the ugly situation. He said the economy was still in shambles as Nigerians yearned for pre-2015 era, adding that unemployment had not only worsened under the APC government, but that most Nigerians wondered where the next meal would come from. Speaking on the recently

held Ekiti State governorship election, Secondus decried the alleged manipulation of votes that occurred there as well as the harassment and intimidation of PDP members by security forces. "This must not be allowed to happen in Osun,” he said, adding, "Let me assure our teeming supporters that we have all the polling unit results and overwhelming records of electoral infractions by the APC, security agencies and INEC. We will reclaim our mandate in court.” He said the country’s situation demanded that all people of goodwill must join hands to legally see out the APC government. On his part, the Chairman of the PDP's Board of Trustees (BoT), Senator Walid Jibril, said the situation demanded tremendous sacrifices from members of the party if the PDP must bounce back to power. Regarding the move by the party to form a coalition with other parties, he said the party must do all it could to

P O L I C E I N V I TAT I O N , A N AT T E M P T TO STO P PA RT Y S W I TC H , S AYS S A R A K I They killed over 31 persons, including nine police officers and pregnant women, and snatched 21 AK47 rifles. The police further claimed that during the investigation of the armed robbery by the Intelligence Response Team, CCTV footage of the armed robbery, in one of the banks, captured the image of two persons. The CCTV footage, which was circulated on the social media, led to the identification of Asakunle Ogunleye and Michael Adikwu, who were tracked and arrested by the police, and said to have made very useful statements and named the five gang leaders who organised the armed robbery. The police further claimed that some of the five gang leaders made confessional statements, admitting their participation in robbery and claiming to be political thugs under the name, ‘’Youth Liberation Movement, aka Good Boys.”

They were said to have been allegedly sponsored by the Senate president, while police claiming to have equally discovered that one of the vehicles, a Lexus SUV, used by the gang leader (Ayoade Akinnibosun) had a sticker plate number “‘SARAKI’ Kwara State of Harmony.” The IG stated that the Lexus SUV was parked in the Government House after the arrest of Ayoade Akinnibosun and in order to conceal evidence, the Chief of Staff to the Executive Governor of Kwara State, arranged for the removal of the sticker plate number “SARAKI Kwara State of Harmony” from the Lexus SUV and quickly registered it in the name of the suspect, six days after the suspect had been arrested by the police. IG Idris further alleged in his letter that one Ayoade Akinnibosun ‘m’ 27 years in his confessional statement stated that “members of his group are political thugs

working for Senator Saraki and Governor of Kwara State. Meanwhile, Saraki stated yesterday that the police invitation was a mere afterthought, which was designed to achieve political purpose. In a statement by his Special Adviser on Media and Publicity, Olaniyonu, he stated that he had it on good authority that the police had already decided on the suspects to arraign in court in Ilorin, Kwara State on Wednesday based on the advice of the Director of Public Prosecution (DPP), Mohammed U.E. and that the turn around to invite him was a ploy aimed at scoring cheap political points. He said, "I have been reliably informed that the police invitation was planned by IG as a ploy to stop an alleged plan by some senators and House of Representatives members from defecting from the All Progressives Congress (APC). It was also said that

if I was detained between Tuesday and Wednesday, that will abort the so-called defection plan. "While I continue to maintain that the issue of my position on the 2019 elections is not a personal decision for me alone to make, it should be noted that all these concoctions and evil plot cannot deter me. Those behind this fresh assault will fail as I have nothing to do with the robbery incident or any criminal matter for that matter. "I am aware that following a request made by the police on June 13, 2018, the Director of Public Prosecution (DPP) of the Federation had written a legal advice dated June 22, 2018, in which he stated on page 5, paragraph (f) that "For the Senate President and the Kwara State Governor, this office is unable to establish from the evidence in the interim report a nexus between the alleged officers and the suspects."

TUESDAY, JULY 24, 2018Ëž T H I S D AY

NEWS

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

Oshiomhole: I Will Expel Ngige, Sirika, from APC, Force Rebels out of Cabinet Says if Buhari condones indiscipline in his office, he wonâ€™t tolerate it Threatens party wonâ€™t compromise values to retain rAPC members Omololu Ogunmade Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ The National Chairman of the All Progressives Congress (APC), Mr. Adams Oshiomhole has threatened to sack the Minister of Labour and Productivity, Senator Chris Ngige and the Minister of State for Aviation, Mr. Hadi Sirika, if they refuse to heed his instruction. Oshiomhole who had last week handed a seven-day ultimatum to the two ministers to constitute the boards of the various agencies and parastatals under their ministries or face suspension, told journalists yesterday in the State House, Abuja, that if they fail to heed the instruction, he would not only throw them out of the party but also ensure that â€œrebelsâ€? of their kind are kicked out of the cabinet. Claiming that the era of indiscipline in the party was over, Oshiomhole who accused the ministers of mischief, said his administration would not condone any â€œdishonourableâ€? acts from ministers, insisting that if the president condones indiscipline from the ministers in his own office, he will teach them a different lesson from his own (Oshiomhole) office. Oshiomhole said when he expels the ministers from the party, he would also prevail on the president to do away

with persons who had ignored his (president) directives to inaugurate board of parastatals, emphasising that nobody is greater than the party. The APC chairman stated that the ministers have no option than to be submissive to party leadership and obey instructions from the party hierarchy, adding that it is either they comply with party directives or exit both the party and its government. According to him, failure to constitute boards of parastatals and appropriating to themselves the powers of such boards in a democracy is a clear abuse of office, which he said would not be tolerated. â€œIf the minister refuses, we will suspend him from the party. You know we must return to internal discipline. For me, it is the height of mischief for any minister. You cannot purport to be honourable minister and you act dishonourably and nobody is greater than the party, and if the president condones disrespect for his office, I will not condone disrespect for the party. And when we expel the minister, we will prevail on the president that he canâ€™t keep in his cabinet people who have neither respect for his own decisions nor have respect for the party without which they would not have been ministers. â€œThere are no independent

Bandits Kill Army, Police OfďŹ cers, Others on Kaduna-Abuja Road John Shiklam Ă“Ă˜ Ă‹ĂŽĂ&#x;Ă˜Ă‹

It was learnt that when the police men at one of the Unspecified number of people, checkpoints on the highway were including police and army alerted about the operation, they officers, were reportedly hadÂ to waitÂ for reinforcement killedÂ last SundayÂ along the before confronting the bandits.Â dreaded Kaduna-Abuja road The Kaduna State Police by dare devil bandits.Â Command, however, confirmed Several people were also thatÂ four peopleÂ were killed said to have been robbed and in the attack while five others abducted during the incident, were injured.Â which occurred near Gidan Busa The spokesman of the village on the highway.Â command, Mukktar Aliyu, said Also killed were the daughter the incident occurred at Gidan of an army officer and Prof. Busa village when unknown Sadiya Akilu Idris of theÂ gunmen blocked the KadunaUniversity of Abuja.Â Abuja road.Â Several others, including the â€œThe Kaduna State police orderly of an army officer, were command wishes to inform the said to have sustained injuries public that on July 22, 2018 at from gunshots as the hoodlums aboutÂ 6:30p.m., a distress call unleashed terror on motorists was received that a group of and travellers.Â unidentified armed men blocked Eyewitness said the incident Kadunaâ€“Abuja express road by took place at aboutÂ 7:00p.mÂ andÂ Gidan Busa village and opened lasted for about an hour as the fire indiscriminately at any gunmen blocked the road and vehicle on sight. operated freely.Â â€œIn swift response, teams The witness who pleaded of police men stormed the anonymity, said several people scene where the bandits were wereÂ Â killed as the gunmen dislodged but sadly they had were shooting indiscriminately already killed four commuters at people, while others were and injured five others in their abducted as they moved from dastardly act.Â vehicle to vehicle.Â â€œNormalcy has been restored He said the bandits were on the road with commuters about 10 and were armed with moving safely without sophisticated weapons.Â molestation,â€? he said.

candidates in our system. Nobody, I emphasise, no minister is above the party and they have taken undue advantage of the presidentâ€™s fatherly disposition. â€œNow, it is the same green pen that made them ministers that appointed these boards that they are refusing to swear in. And it is absolutely legal for a minister in a democracy to

usurp the powers of the board because the laws establishing those institutions are clear; that the boards have procedures to follow. So, when a minister sits in his office to appropriate the powers of the board in a democracy, not in a dictatorship, award contract that didnâ€™t go though boards, those are glaring cases of abuse of office for which

they are liable. â€œI am convinced that what they are doing is not with the endorsement of the president. Over the period, they have tried to drop the presidentâ€™s name but I tell them, it is the same authority that appointed these people. So, we are informing them that it is either they comply to the presidentâ€™s

instructions or they comply with the partyâ€™s position or they go and administer outside the government. â€œWe have respect for ministers but only to the extent that they recognise that they are a product of a political party and we are not negotiating that. If they had

Contâ€™d on Pg 42

WITHDRAW OBNOXIOUS PRESS BILL, PLEASE!

L-R: President, Nigeria Guild of Editors (NGE), Funke Egbemode; Managing Editor, Northern Operation ,The Nation, Yusuf Alli; Chairman/ Editor-in-Chief of THISDAY/Arise News and Chairman, Newspaper Proprietorsâ€™ Association of Nigeria (NPAN), Nduka Obaigbena; Leader of the Senate, Senator Ahmad Lawan, President of the Senate, Dr. Abubakar Bukola Saraki; Publisher of Vanguard, Amuka Pemu and ex-NPAN President, Ismaila Isa Funtua, during Sarakiâ€™s meeting with media stakeholders led by NPAN Chairman in Abuja ...yesterday

Suicide Bomber Attacks Borno Mosque, Kills Seven We are doing everything possible to contain attacks, says Abubakar Chiemelie Ezeobi Ă“Ă˜ Ă‹Ă‘Ă™Ă? Ă‹Ă˜ĂŽ Michael Olugbode Ă“Ă˜ Ă‹Ă“ĂŽĂ&#x;Ă‘Ă&#x;ĂœĂ“ Seven Muslim worshippers were killed by a suicide bomb attack on a mosque in Konduga, Borno State yesterday morning, the police and the National Emergency Management Authority (NEMA) have confirmed. According to the police, the male suicide bomber had disguised as one of the worshippers, to gain access into the mosque before he detonated the bomb which killed seven others and injured seven persons. All the dead and injured were in the mosque for the early morning prayers. A statement signed by the

spokesman of the Borno State Police Command, Edet Okon, read: â€œToday being July 23, 2018, at about 4.55 a.m., a male suicide bomber detonated an IED strapped to his body in Goni Modu Lashibe mosque in Konduga Local Government Area (LGA), killing himself and seven worshippers. â€œSeven other persons were injured and were rushed to General Hospital Konduga for treatment. The corpses have equally been evacuated to Mortuary. â€œScene of incident has been sanitized by a team of EOD personnel of the Nigeria Police Force.â€? He added that the Commissioner of Police Borno State, Damian Chukwu, has urged the members of the public to be strong and continue

to support the police and other security forces in the fight against insurgency and other criminal acts in the state. Reacting to the attack, the military said it was doing everything possible to end the reign of terror by Boko Haram terrorists. The Chief of the Air Staff (CAS), Air Marshal Sadique Abubakar, said despite the recent attack, the military has come a long way in recapturing control of areas formerly under Boko Haram captivity. In an interview with THISDAY in Lagos, Abubakar said: â€œWe are doing everything possible to ensure we deal with the problem of Boko Haram. â€œLetâ€™s not forget where we are coming from an era when over 22 local government areas were controlled by Boko Haram before

we recaptured them. â€œHowever, I am not saying that we should allow this to happen but what I can tell you is that in all insurgences, what is required is for us to keep the fight. â€œAlso, note that itâ€™s not only about the military might, but about intelligence gathering. To achieve this, we need understanding to get people to give us the required intelligence to work. â€œBut on the whole, I think we are working hard and we will sustain it to ensure that every community in Nigeria is secured.â€? Abubakar also expressed hope that all security agencies would continue to work in synergy in first gathering intelligence, before the physical warfare can be fought.

Reformed APC Chairman, Galadima, Four Others in Car Accident Ibrahim Shuaibu Ă“Ă˜ Ă‹Ă˜Ă™ The National Chairman of the Reformed All Progressives Congress, (r-APC), Alhaji Buba Galadima, and two others were yesterday involved in a motor accident along Gashua

- Hadejia- Kano road. Galadima was returning from Yobe State, where he went to condole with his brother who lost his daughter. He was in the company of his son, Sadiq Galadima; another relative, Mohammed Galadima,

and two others. A member of the rAPC in Kano, Aminu Abdulsalam, confirmed the accident to THISDAY yesterday. According to him, Galadimaâ€™s vehicle somersaulted several times and damaged beyond

repairs. He said the r-APC chairman and all the other occupants of the vehicle survived the crash, adding that another vehicle was currently conveying them to Kano for proper medical checks.

TUESDAY, JULY 24, 2018˾ T H I S D AY

NEWSXTRA

NCC, CBN in Crucial Meeting Ahead of Tomorrow’s Payment Deadline for Teleology Emma Okonji Ahead of tomorrow’s deadline for Teleology to make the balance payment of $251

million to take over 9mobile, the Nigerian Communications Commission (NCC), the Central Bank of Nigeria (CBN) and other stakeholders are meeting

OSHIOMHOLE: I WILL EXPEL NGIGE, SIRIKA, FROM APC, FORCE REBELS OUT OF CABINET done that in the past, under our leadership, we will not tolerate it. They either comply or we will expel them from the party. When we expel them, we will find out how a government can keep a rebel in the cabinet. There is no question about that,” Oshiomhole threatened. On the threat posed by R-APC to the party, Oshiomhole said he was not losing any sleep over such threat, arguing that no man of honour who had left the Peoples Democratic Party (PDP) can opt to return to the party again. According to Oshiomhole, the party will only listen to those who have genuine complaints in the group, but won’t spare any time for those he described as “permanent mercenaries and are in this business for personal issues.” He insisted that the party would not compromise the party’s values in a bid to accommodate anyone and emphasised that those who left the PDP and seeking to return are not better than those who vomitted in the morning and convert their vomit to lunch in the afternoon. He asaid: “No, I am not losing sleep. I am sleeping very well. I still maintain that I don’t see any man of honour, who with his eyes open, left PDP on account of their gross mismanagement, abuse of the treasury and all of the crimes that the PDP committed. I don’t see them, whatever their irritation, that cannot be a justification to return to a house that all we need to do is to play back their own tape about what PDP represents and why they left. “I still hold the view that

you can’t vomit in the morning and convert it to lunch in the afternoon, if you have honour. And that position still remains the same. Number two is that yes, I have made this point clear that we can distinguish the mercenaries from those who genuinely have complaints. Our business as party leaders is to try and manage, listen and find solutions to those who have verifiable complaints. “But those who are permanent mercenaries and are in this business for personal issues, there is nothing much we can do about that and we are not going to change the core values of the party in order to retain them. “So, let me reinstate that we remain committed and I have said so from the word go in my acceptance speech when I was elected, that we acknowledge the fact that there are people with genuine complaints. For such people, we are ready to listen. We are ready to act on the basis of justice, fairness, no arrogance and inclusion. I remain committed to those. “However, on principle, I do not deal with political mercenaries. That remains my position. I will not miss my sleep because a lot of these guys cannot on a good day, deliver their unit. And we have the records that tell us who won elections where. And I am a tested fighter. I fought them from Edo from zero to zero and I overcame their most powerful godfathers. So, I know what I am talking about. I speak from experience and I will talk, negotiate and persuade but there are core principles that are not negotiable,” he restated.

Osun PDP Governorship Aspirant, Ogunbiyi Faults Primary Election Result OnyebuchiEzigboÓØ ÌßÔË The runner-up in last Saturday’s Peoples Democratic Party (PDP) governorship primary election in Osun State, Akin Ogunbiyi, has faulted the election result that declared Senator Nurudeen Ademola Adeleke winner. Ogunbiyi urged the leadership of the party to declare him the party’s standard bearer in the state gubernatorial poll scheduled for September 22, 2018. The aspirant who came to the Wadata Plaza, PDP’s national secretariat yesterday with scores of his supporters, faulted the process that produced Adeleke, who polled a total of 1,569 votes, seven votes more than Ogunbiyi’s 1,562. In a petition addressed to the chairman of the gubernatorial

Primary Election Appeal Panel of the PDP, Ogunbiyi said his grounds of protest was that 42 voided votes and 128 unaccounted votes belonged to him, adding that the total votes he garnered amounted to 1,732, instead of 1,562. He also called for the disqualification of Adeleke on the ground that “Contrary to Section 30, Sub Section E of the Electoral Guidelines for primary election 2018, the total number of delegates accredited was not announced before the commencement of voting.” “I, Dr. Akin Ogunbiyi having polled the highest number of votes in the primary election of July 21, 2018, be declared the validly nominated/ elected PDP governorship candidate for the forthcoming September 22, 2018 gubernatorial election for Osun State,” he stated.

today to decide the fate of Teleology in the 9mobile transaction. Director, Public Affairs of NCC, Mr. Tony Ojobo, who said he did not know if Teleology had made the outstanding payment ahead of tomorrow’s deadline, however, said the NCC, the CBN, 9mobile and other industry stakeholders had fixed a meeting today, where the 9mobile acquisition by Teleology would be discussed. Barclays Africa, the Financial Adviser handling the sale of 9mobile had in February 21, 2018, named Teleology Holdings Limited as the preferred bidder for the acquisition of 9mobile and Smile Telecoms Holding as the reserve bidder. Barclays

Africa had directed Teleology to make an initial non-refundable cash deposit of $50 million within 21 days, which expired on March 21, 2018, and then pay the balance of $251 million within 90 days from March 21, which will expire tomorrow. A source however, told THISDAY that Teleology was given an extension of 20 working days to make the payment, following the delay in getting approval letters from NCC and the Security and Exchange Commission (SEC). According to the source, the closing date for the EMTS/9Mobile acquisition was June 30, 2018, but under the Sale and Purchase Agreement (SPA) Clause 3, there are a number of conditions precedent to closing, among which are

letters of approval from NCC and SEC. The source said NCC and SEC actually transmitted the letters, but that the letters came late, hence the 20 working days, which was granted Teleology Holdings Limited. The Letter of No Objection from the NCC and a conditional approval from SEC were transmitted late, the source said, adding that the trustees of the bank and Teleology agreed on the extension of the payment date. Meanwhile Teleology Holdings Limited has said it is ready to make the balance payment, but was awaiting regulatory approval from the NCC. According to Teleology, 100 per cent of the funds due to be paid for 9mobile at closing

are sitting in escrow account, awaiting NCC’s approval. NCC had earlier said it would carry out due diligence on Teleology Holdings to ascertain its financial strength and technical capabilities to take over 9mobile before it would approve the use of 9mobile licence by Teleology. Although NCC is yet to release its findings on the due diligence carried out on Teleology Holdings, it is believed that today’s meeting will open up discussions on NCC’s findings on the due diligence on Teleology. 9mobile, formerly known as Etisalat Nigeria, became the fourth entrant into the GSM space in Nigeria, when it rolled out its commercial services on October 23, 2008.

MEETING ON APAPA GRIDLOCK

L-R: Managing Director, Nigeria Ports Authority (NPA), Hadiya Hadiza Bala Usman; Lagos State Governor, Mr. Akinwunmi Ambode; Secretary to the State Government, Mr. Tunji Bello and Commissioner for Transportation, Mr. Ladi Lawanson, during the governor’s meeting with stakeholders on the Apapa traffic situation at the Lagos House, Alausa, Ikeja... yesterday

Again, Hoodlums Vandalise Melaye’s Constituency Project in Kogi Yekini Jimoh ÓØ ÙÕÙÔË Barely one week after a constituency project built by Senator Dino Melaye was set ablaze in Lokoja, the Kogi State capital, the skills acquisition centre built by the senator representing Kogi West senatorial district in his country home, Ayetoro Gdede, in Ijumu Local Government Area (LGA) of Kogi State has been vandalised by unknown hoodlums. According to the National President of Ayetoro Gdede Development Association, (AGDA), Mr. Olorunfemi Ezekiel Adekunle, the dastardly act was carried out last Sunday night.

According to him, the centre was vandalised after several attempts were made to burn down the skills acquisition centre. Adekunle who described the act as wicked, said the hoodlums who in their dark mind thought that they were destroying Melaye, forgot that they were destroying the community’s asset. He revealed that the community leaders have officially reported the incident to the Nigeria Police and have also met with the monarch, His Royal Highness, Oba Ehindero, to discuss how to stop further attacks on the centre. According to him, the services of vigilante have been engaged to watch over the place.

He called on the people of the area to report any suspicious movement around the area. Reacting to the incident, Melaye has said he would continue to provide facilities, and also defend and protect the facilities in Kogi West. In a statement issued yesterday, the senator who spoke through his media aide, Mr. Gideon Ayodele said he was still playing his part by facilitating projects even to the most remote part of his constituency. He equally charged the communities to protect the water projects, electricity, schools, training/ skills acquisition centres provided for them.

“On our part, every bit of our political campaign promises shall be fulfilled. No harassment or intimidation can stop us. “We will continue to promote things that will bring development to our constituents,” he said. Meanwhile, the immediate past Deputy Governor of Kogi State, Mr. Yomi Awoniyi, has condemned in strong terms the burning of the schools and skill centres built by Melaye. Awoniyi, in a statement issued yesterday, condemned what he described as unfortunate treatment meted on Melaye at the outskirts of Isanlu, whilst enroute Egbe, saying it was barbaric.

Osun Governor’s Ofﬁce Gutted by Fire Yinka Kolawole ÓØ ÝÙÑÌÙ The office of the Governor of the Osun State, Rauf Aregbesola was yesterday gutted by fire but no life was lost in the incident. THISDAY gathered that the

fire incident was as a result of power surge on one of the air conditioners inside the office of the governor. A source at the government house told THISDAY that no life was lost, neither did the fire

destroy any important document, or equipment. However, the fire affected only the office of the governor. “It is regrettable that the electricity suppliers have been persistently

unable to regulate the supply of power to meet the necessary standard. Many Nigerians have lost their property to power surges and other electrical malfunctioning,” the source added.

TUESDAY, JULY 24, 2018˾ T H I S D AY

NEWSXTRA

FG to Provide $55m Grant for Take-off of National Carrier Chinedu Eze The Minister of State for Aviation, Hadi Sirika, has clarified that the federal government would inject $55 million in 2018 as the upfront grant to finance the startup capital of the new national carrier, saying contrary to report that the Infrastructure Concession Regulatory Commission (ICRC) insisted on zero funding by the government when it issued the Outline Business Case Compliance

Certificate for the national carrier, the ICRC had made it clear that the strategic equity investors would not start the national carrier but the government in order to attract credible investors. He said the $55million upfront grant, which he described as Viability Gap Funding (VGF) contribution to equity, would be sourced through either a supplementary budgetary allocation in 2018 or development financial institutions like AFREXIM bank,

BEDC Partners Edo Poly on Career Development Benin Electricity Distribution Plc (BEDC) has begun a long term partnership with the Edo State Polytechnic, Usen, with a view to bridging the unemployment gap in the country and also ensuring that young people are employable with the requisite knowledge and experience in meeting customer expectations in the power industry. The BEDC partnership was announced during a Career Fair the company organised at the polytechnic recently in Usen, Ovia North-east Local Government area of Edo State, by the Chief Corporate Service Officer (CCSO), Mrs. Kunbi Labiyi, who noted that “employment of our youths is a major concern to all and sundry. It is important we catch them young so that we can have a

The Nigerian National Petroleum Corporation (NNPC) has disclosed it would acquire 20 per cent stake in the 2.8 metric tonne per annum (MTPA) Nagarjuna fertiliser project expected to take off in Akwa Ibom State. The corporation said in addition to the 20 per cent equity in the fertiliser plant, it would also supply gas to the plant. A statement by the NNPC’s Group General Manager, Public Affairs Division , Mr. Ndu Ughamadu, quoted the Group Managing Director of the corporation, Dr. Maikanti Baru, as urging members of the Joint Management Committee (JMC) of the Nagarjuna fertiliser project to work hard to achieve early Final Investment Decision (FID)

for its eventual take-off. The statement explained that the Nagarjuna fertiliser project was designed to produce 2.8MTPA of Urea and 0.22MTPA of Ammonia. It said Baru inaugurated the JMC, with members drawn from Nagarjuna Fertiliser and Chemicals Nigeria Limited, a subsidiary of the India-based Nagarjuna Group, and the NNPC. He explained in the statement that the government was keen on diversifying the economy of Nigeria by growing the agricultural sector and that an early take-off of the fertiliser project would support this. “It is my expectation that the negotiations with the financiers and other prospective investors will be concluded in order to meet the FID target of March 2019,” he said.

Ogiugo Passes on at 77 Mr. Idemudia Ogiugo is dead. He died on May 9 at the age of 77 after a brief illness. According to a statement signed and made available to THISDAY by the family, it was noted that on July 20 there would be service of songs at No 5, Alhaja Wasilatu Street, off Ishaga Street, Ojodu-Abiodun, Lagos, (beside Saint Pauls Anglican Church) by 4p.m. The statement also noted that on July 27, there would be lying- in- state, Christian wake-keep and internment at his residence, No. 12 Osagiede Street, off Idunmwowina Road,

equity in Nigeria Air Limited Joint Venture company, which is a Joint Venture company that would be very similar to Nigeria LNG Limited. He said the outline business certificate from ICRC made it clear that the strategic equity investors would not start the national carrier. “In order to ensure take-off of the airline in 2018, government will provide $55 million upfront grant/viability gap funding to finance startup capital and pay commitment fees for aircrafts to be leased for initial operations and deposit for new aircrafts whose delivery will begin in 2021,” the minister said. According to him, “$8million

represents startup capital for offices and others required for take-off. But $300 million is the entire airline cashflow funding requirements (aircrafts, operations and working capital) for three years (2018, 2019 and 2020). This funding can be in the form of equity or debt. The financial model estimates cash flow requirements as follows 2018 ($55 million – $8 million is included here); 2019 ($100 million) and 2020 ($145m)”. Sirika said the remaining financial injection by the federal government would be determined by the quantum of equity that the strategic equity partner would bring

as a result of the Public Private Partnership (PPP) competitive bidding process. The minister noted that as part of discussions with major aircraft manufacturers, the federal government might pay deposits for brand new aircraft and the manufacturers would support Nigeria Air in getting very good dry lease aircraft directly from ‘C’ checks and certified by the original manufacturers. This, according to him, means that Nigeria Air might not start immediately with new aircraft but with leased fleet, pending when the aircraft orders made would begin to arrive.

proper succession plan in place.” She added that knowledge from old experienced hands in the power sector can be passed to the young, energetic and vibrant youths coming up. Labiyi said the company’s mandate is to recruit, train and employ over 2,000 Ordinary National Diploma (OND) graduates of Electrical/Electronic and Mechanical Engineering in the polytechnics as technicians that will go on to obtain Higher National Diploma (HND) and eventually move up the career ladder working with BEDC, adding “the beginning is to have a list of qualified students that we can immediately put through our recruitment procedure”.

NNPC Targets 20% Stake in Fertiliser Company Chineme Okafor˿ÓØ ÌßÔË

African Development Bank (AFBD), Islamic Development Bank (ISDB) or any other bank. The minister added that these funding institutions have indicated keen interest to fund the national carrier project because of its bankability and profitability profile. According to him, the federal government would not fund the entire project, but would provide only the startup capital in the form of VGF, adding that once the strategic equity investor is in place, the private investors would be expected to build on the initial investment made by the government. The minister explained that at the startup of the company, the federal government would own majority

Idunmwowina, Benin City, Edo State by 2p.m. It added: “On July 28, there would be social reception and outing at De Noval Marquee, No 3 Adolor Street, off Ugbor Road, by Water Resources Junction, GRA, Benin-City, by 2p.m.” Before his death, he was a member of Leaders and Company, publishers of THISDAY Newspaper, where he worked as a cartoonist until recently. He is survived by a wife, Mrs. Margaret Ogiugo, two sons, three daughters and grandchildren.

LECTURE SERIES

R-L: Minister of Health, Prof. Isaac Adewole; UNILAG Pro-Chancellor, Dr. Wale Babalakin (SAN); Prof. Phyllis Kanki (holding her award) being congratulated by Justice Olayinka Ayoola (rtd.); and UNILAG Vice-Chancellor Prof. Oluwatoyin Ogundipe at the maiden edition of UNILAG Pro-Chancellor’s Distinguished Annual Lecture Series....weekend

Court Orders Temporary Forfeiture of N387m Linked to Alison-Madueke The Federal High Court in Lagos yesterday ordered the temporary forfeiture of N387million found in the bank accounts of four ex-officials of the Independent National Electoral Commission (INEC). The Economic and Financial Crimes Commission (EFCC), which obtained the forfeiture order, told the court that the ex-INEC officials benefitted from the N23billion, which a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, allegedly doled out to influence

the 2015 presidential election in favour of former President Goodluck Jonathan. An investigator with the EFCC, Usman Zakari, said in an affidavit that the ex-INEC officials received the money through a non-governmental organisation, West Africa Network of Observers (WANEO), which they formed to purportedly monitor the 2015 general elections. According to Zakari, the NGO, WANEO, had a former INEC Chairman, Prof Maurice Iwu,

as its national coordinator. The investigator claimed that though “WANEO was formed under the guise of monitoring the conduct of 2015 election, distribution of Permanent Voter’s Cards (PVCs), sensitisation of voters, delimitation of electoral constituencies, among others, its primary objective was to ensure the victory of the Peoples Democratic Party (PDP) candidate in the presidential election.” Zakari said through WANEO, the ex-INEC officials facilitated

the disbursement of N510 million Alison-Madueke,fund to Osun, Ogun and Oyo States. “After the conduct of the 2015 presidential election and in order to conceal the sources of the money collected by Ogun, Osun and Oyo States, the remainder of the money was fraudulently laundered,” the investigator added. Zakari said the EFCC had, however, recovered N387m out of the N510m from the four ex-INEC officials.

Trouble for Ortom as 13 PDP Governorship Aspirants Kick against His Return Bid Thirteen governorship aspirants on the platform of the Peoples Democratic Party (PDP) in the 2019 elections in Benue State have kicked against the imminent return of Governor Samuel Ortom to the party. Addressing a press conference yesterday in Abuja, the aspirants said while they were not against the return of defectors, they were against the defection of people with negative values and mileage to the party. Speaking under the auspices of Forum of Governorship Aspirants, they vowed to resist

any attempt to truncate the internal democratic process that has characterised the Benue chapter of the party in the past few years, adding that if the PDP is to take the state from the ruling All Progressives Congress (APC), effort must be intensified to nip in the bud, what they termed the plot to shortchange the party’s executive in the state. One of the aspirants, John Tondu, argued that though politics is a game of numbers, the governor has no electoral value to make the PDP the party to beat.

He said: “The governor of Benue State today is a liability, not an asset. He is not welcome. Because of the love we have for the people of Benue State, anything that will cripple our plan to take over the state should not be tolerated.” Echoing this sentiment was the state PDP governorship candidate in the 2015 governorship election, Dr. Terhemen Tarzoor. According to him, Ortom’s credibility has reached an alltime low, having been shown the ‘red card’ by the APC. “We are sensitive to the

value and character of the people joining the PDP. We won’t sit down and watch people of negative value join the party; someone who has not paid salaries for one year and four months. “When a person is chased out of a party, it speaks much about that person and what he represents, ” Tarzoor added. The Chairman of the forum, Professor David Ker in his speech tasked the state chapter of the party to fulfill its promise of a free and fair primaries, noting that anything short of that would spell doom for the PDP.

TUESDAY, JULY 24, 2018˾ T H I S D AY

NEWSXTRA

Apapa Gridlock: Lagos Suspends Approval for Development of Tank Farms The Lagos State Government yesterday announced the suspension of approval for development of tank farms in Apapa as part of its renewed effort to restore sanity completely as well as fashion out immediate and long term solution along the Oshodi-Apapa expressway and prevent a repeat of the chaos caused by containerised trucks and tankers parked on the road. Rising from a closed-door meeting with stakeholders in the maritime and transport sectors, including Nigeria Ports Authority (NPA), Shippers Council, Tank Farm Owners, Department of Petroleum Resources, security agencies and Clearing and Forwarding agents, held at the Lagos House in Alausa, Ikeja, and chaired by State Governor, Mr. Akinwunmi Ambode, the state government also resolved to accelerate and complete work on the Bola Ahmed Tinubu trailer park in Orile within the next one month. The state Commissioner for Transportation, Mr. Ladi Lawanson, who briefed Government House correspondents on the resolutions reached after the meeting which lasted for over three hours, said all stakeholders had resolved to work together to bring back

sanity on the Apapa axis and would therefore not hesitate to sanction recalcitrant operators who flout the resolutions going forward. Lawanson, who was joined at the briefing by the Managing Director of NPA, Mrs. Hadiza Bala-Usman; Secretary to the State Government (SSG), Mr. Tunji Bello, and other stakeholders, said a Security Task Force has been constituted by the federal and the Lagos State government and would work continuously for 30 days to bring sanity to the roads, while shipping companies sanctioned for non-compliance on utilisation of holding bays in the ports have been extended by five days. He said to also cushion the effect of the traffic experienced by motorists in the area, the federal ministry of power, works and housing would immediately commence palliative measures on bad portions on access roads. “The Department of Petroleum Resource (DPR) is to ensure that tank farms owners comply with holding bay requirements, while trailers not called upon and found trampling on the law will be impounded and sanctioned in Lagos. “With immediate effect, Lagos State Government has suspended the approval of tank

farms and the government is going to accelerate the completion of the Bola Ahmed Tinubu trailer park and it should be ready within a month,” Lawanson said. The state government also directed that all truck and tanker owners must be duly registered and well regulated by their unions, adding that the unions would be held accountable for their adherence to extant rules and regulations. “The NPA in collaboration with the state government will licence trailer parks whereby only trucks housed in those designated parks will be granted access. Furthermore, tank farms without adequate loading bays within the next 30 days will be sanctioned. “These resolutions were arrived at and agreed by all parties, and all parties have resolved to jointly implement these resolutions and the effects will be seen by Nigerians very shortly,” the commissioner said. Prior to the meeting, it would be recalled that the state government had last week set up a Joint Task Force involving security agencies and stakeholders in the maritime sector to remove all containerised trucks and tankers parked along the Apapa axis.

T H I S D AY Ë¾ TUESDAY JULY 24, 2018

˜ ͺͼ˜ ͺ͸͹΀ ˾ T H I S D AY

TUESDAYSPORTS DSS Chases Giwa’s Group Out of NFF Secretariat Dalung insists on supremacy of court order

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

NFF CRISIS

Olawale Ajimotokan in Abuja Operatives of Department of State Service (DSS) stormed the Nigeria Football Federation (NFF) Secretariat in Abuja and prevented men loyal to the Chris Giwa faction from entering the “Glass House”. The gun totting DSS officers, totaling 23, were positioned outside and inside the premises of NFF office. Journalists and non essential guests were also barred from access into the offices. Yesterday’s development was the latest in the unfolding twists in the struggle for the leadership of Nigeria football between the Giwa and Amaju Pinnick factions. However, the return of Dr Sanusi Mohammed as NFF Secretary General, gave the strongest hint yet that the embattled Pinnick faction has taken control of affairs of the football house. After the Sports Minister, Solomon Dalung facilitated Giwa’s take over of the NFF two weeks ago, in line with a Jos

High Court exparte order issued by Justice Kurya, the factional board sacked Mohammed and replaced him with Dr Emmanuel Ikpeme. Until the window dressing, Ikpeme the substantive Technical Director at NFF, was stunned when Mohammed arrived in the morning and attended to routine administrative tasks on his desk at the secretary general’s office. Mohammed was removed while he was on duty in Russia during the FIFA World Cup, after allegations of financial impropriety were heaped against him following a petition written to the Economic and Financial Crimes Commission (EFCC) by former Super Eagles coach and former Technical Director of NFF, James Peter. The reinstated scribe told reporters last night that he was delighted to return and offered thanks to government for saving Nigeria from an imminent ban by upholding FIFA statutes. “You can imagine the number of youths that would have been unemployed if FIFA had banned

Nigeria. Look at Kano State for example, they have over 1,000 youths playing for club sides in the state, so if FIFA had banned Nigeria such people will become unemployed and also constitute nuisance to the country. That is just Kano alone not to talk of the other states of the country “, Muhammed said. Meanwhile in a swift reaction, the Minister of Youth and Sports Dalung stated that nothing has changed after the Supreme Court ruling and Orders of the Federal High Court in Jos on the Nigeria Football Federation on April 27, 2018. Barrister Dalung said in a statement that the status quo remains. “As far as I am concerned, nothing has changed. There is no development after the Supreme Court ruling of April 27, 2018 and the Federal High Court Order of 5th June 2018 because the court has not vacated the order. “Those who are presently trying to instigate confusion, using the name of the President must be aware that the President

cannot go against the rule of law. The Order issued by the court has not been vacated and the President cannot vacate a court order because there are clear cut processes of doing that. “What happened in the NFF today is security excesses but it will be sorted out. The Federal government is urging members of the public to remain calm as it is doing its best to resolve the crises in the Nigeria Football Federation. “The Ministry of Youth and Sports Development has already initiated a process of trying to bring the stakeholders together, to work out a road map out of this quagmire. The Stakeholders’ meeting billed for Tuesday July 24, 2018 will still go ahead as planned. “We want to assure Nigerians that Government is sorting out the grey areas but nobody should

drag the name of the President of the Federal Republic of Nigeria into this. The President is an advocate of the Rule of Law and he cannot be associated with the security excesses of a breach of the Rule of Law. “We urge the civil servants in the federation to remain calm and go about their normal duties,” he stated last night. However, THISDAY has gathered exclusively that former NFF Chairmen and Secretary Generals were among the larger football stakeholders billed to attend today’s (Tuesday) roundtable meeting in Abuja to analyse and proffer solutions to the NFF crises. The meeting of the state FA Chairmen and secretaries is summoned by Dalung. But THISDAY learnt last night

Col Abdul Mumuni Aminu (rtd), Brig. Dominic Oneya (rtd), Group Captain John Obakpolo, Alhaji Ibrahim Galadima, Sani LuluAbdulahi and Aminu Maigari are some of the ex-NFF chairmen/ presidents expected at the summit. Former Secretary General, Hon Sani Ahmed Toro, confirmed that he also received an invitation and would be in Abuja. “I got an invitation and I am also aware that former FA chairmen and Secretary generals are also invited. We are stakeholders and part of the Congress, though the state FA Chairmen and secretaries have voting rights,” Toro said. He insisted that it would be better to hear what Dalung has to say at the meeting before he can echo his views on the state of Nigerian football.

…Pinnick Thanks President Buhari for Averting Problems for Nigeria The Nigeria Football Federation has expressed gratitude to the President and Commander-inChief of the Armed Forces of Nigeria, Muhammadu Buhari, for his fatherly intervention to restore the leadership of the federation and bring sanity back to Nigeria football. The FIFA recognised Amaju Pinnick Executive Committee had been kept out of office by a contending group for several weeks but following the orders of President Buhari, they were led back to office on Monday, an action which the federation says restores hope for the thousands of youths in footballing career and the continued development and progress of Nigerian football. Speaking immediately after the Secretary General, Mohammed Sanusi, called to inform him that government agents led him to resume work at the Glass House, the NFF President, Amaju Pinnick, just back from Morocco where

he addressed a CAF conference, said he has always trusted in the understanding and commitment of President Buhari to act in the best interest of the nation. “We must give all the credit to our President, Muhammadu Buhari, for acting to restore the leadership of the federation and saving the nation the embarrassment,” Pinnick said. “Even as the situation persisted, I was very positive about his patriotic commitment to the best interest of the nation and his clarity of judgment to bring order to bear. It is said that the sheep cannot be suffering the pangs of birth tied to the stake while elders are around. He has demonstrated this fatherliness in so many ways across various sectors and now football is the latest beneficiary. We thank God for his life and for giving him to us. “By his intervention, the nation has been saved the embarrassment, the world

football community has been reassured of the high sense of responsibility of the government of Nigeria as a member of the international community and hope is brought back to thousands of Nigeria youths engaged in football as the various national teams can proceed on their various programmes without apprehension, the various leagues which were stopped under the circumstance can now get back to action while the confidence of the various sponsors, partners and investors in Nigeria football has been restored.” Pinnick however insisted that there are no winners nor losers in the resolution of the crisis. “Football is about people, about unity. The game belongs to the fans and the pride belongs to the nation. The people are deprived when football is inhibited but with the action of the President, Nigerians can now enjoy what they love most.”

CAA ASABA 2018

Nduka Irabor Joins Volunteers Unit More respected Nigerians are signing on to work as volunteers at the 21st African Senior Athletics Championships to be staged in Asaba, Delta State from August 1-5. According to a statement from Olukayode Thomas, Head of Media and Publicity for CAA Asaba 2018, the latest on the line is the Editor Emeritus and former Chairman of the League Management Company (LMC), Nduka Irabor The Chairman of the Local Organising Committee for African Championship, Solomon Ogba commended Irabor for taking the bold step while he also encouraged other Nigerians; particularly those in the entertainment industry, musicians, actors, comedians and the likes to also join the train as Asaba is set to make history for Nigeria and Africa. “I must commend Mr. Irabor for showing yet another of his

exemplary attitudes, I will like to see more eminent Nigerians come on board; the musicians, actors, and comedians are all welcomed as things like this help improve our ratings out there” Ogba stated. The CAA Asaba 2018 LOC boss further noted that with Nigeria bidding to host the 2022 Youth Olympics, activities like this will help Nigeria when the concerned international bodies are making up their minds in giving hosting rights to a country. Over the weekend the duo of Amos Adamu and Mike Itemagbour blazed the trail as they both confirmed that they will work as volunteers during CAA Asaba 2018. More Permanent Secretaries, Commissioners, captains of industries in Delta State and beyond are all expected to join the train of volunteers for the 2018 African Senior Athletics Championships that

would take place inside the newly-completed Stephen Keshi Stadium.

NFF Secretary General, Dr. Sanusi Mohammed, back to duty at the Glasshouse yesterday after recent ‘ouster’ by Giwa-led board

Edo Govt Partners Neo Media for Cycling Tour Edo state government over the weekend threw its weight behind the Edo Cycling Tour billed for August 18 to 23, 2018. The tour is aimed at helping in the promotion of tourism in the state. Speaking in Lagos, the chairman of the Local Organising Committee (LOC), Mr Ehi Braimah said the Deputy Governor of Edo state, Rt Honourable Comrade Phillip Shaibu has pledged the support

of the state government for the race put together by Neo Media to promote domestic tourism as well as revive the dying cycling culture in the state. “Edo state is the home of tourism and to promote domestic tourism Neo media in conjunction with the Nigeria Cycling Fedration are partnering the state Edo state government to promote domestic tourism.

Cross-section of some MTN subscribers who were sponsored to the World Cup in Russia by the Telecoms giant to watch the Nigeria/Argentina match in St Petersburg. The Albiceleste defeated Super Eagles to progress to the Last 16 and got knocked out by Russia 2018 winners France

I am happy to tell you that Rt. Honourable Comrade Phillip Shaibu, the Edo state Deputy Governor met with the Commissioner for Arts, Culture, Tourism and Diaspora, Osaze Osemwengie-Ero and my humble self and has keyed into the noble idea because it will help in promoting tourism as well as help bring back the lost glory in cycling in the state. We are grateful to him and the amiable sports loving governor of the state, His Excellency Godwin Obaseki for their resolve to revive sports in the state,” he stressed Mr Braimah who is the Chief Executive Officer (CEO) of Neo Media added that “Starting from August 1 the build-up to the biggest and best Cycling event in the country will begin. Marking of the routes for the race will be August 2 through 4, the first of the two press conferences will come up on Tuesday, August 7 in Lagos while the main press conference will hold in Benin on Tuesday, August 14. Neo Media group will meet with the members of CFN in Benin City on August 15 and the Cyclists, thier coaches and other participants are expected to arrive Ososo on August 17 while the race will be flagged off by the deputy governor,” he said

T H I S D AY ˾ TUESDAY, JULY 24, 2018

TUESDAYSPORTS SUMMER TRANSFER

Real Madrid Hints at End to Galacticos Policy Florentino Perez yesterday, hinted the days of Real Madrid signing ‘Galacticos’ is over and their focus is now on bringing in the world’s best youngsters. Madrid have been heavily linked with moves for Neymar and Eden Hazardfollowing the World Cup as they look to replace Cristiano Ronaldo, while Thibaut Courtois has emerged as a goalkeeping target. However, three players who have arrived at the Santiago Bernabeu are relative unknowns with great potential, something club president Perez is keen to continue. Teenagers Vinicius Junior (18), Rodrygo Goes (17) and Andriy Lunin (19) have all been snapped up by the European champions, and Perez says the trio will be fundamental for Madrid going forward. “Little by little we are laying the foundations of our team’s present and future,” he said at Lunin’s presentation on Monday. “We want to incorporate the young talent that will shape the future, players who aspire to the maximum. “After the last big titles, we will continue to be loyal to our way

of understanding this sport, that has given us so much success. “Our club has built its myth and its legend on the basis that no one ever surrenders and we must always aspire to everything. “Here the titles have been conquered with humility, work and commitment, and we face our challenges together and as a team.” Ukraine international keeper Lunin joined from Zorya for a reported €14 million (£13m/$16m), but it remains to be seen whether he will be given a first-team chance or be sent out on loan. “I’m thrilled to be here,” said the teenager. “It’s the best club in the world and a real honour to be part of. “I chose Real Madrid because winning is the most important element of sport and like any other player, I want to win and keep winning. “Right now I’m training with the team and I’m very happy. I want to pick up more experience and grow stronger. “Keylor Navas is in the team and I’m thrilled to have the chance to train alongside him and learn all I can.”

Pussy Riot Members Lose Appeal over W’Cup Pitch Invasion A Russian court yesterday threw out appeals by Pussy Riot punk group members after they were sentenced to brief jail terms for invading the pitch at the World Cup final. The Moscow City Court upheld their 15-day sentences in police cells for breaching rules for spectators. “I consider the punishment lawful and well-founded,” said Judge Sergei Misyura in comments carried by RIA Novosti news agency. The activists – Veronika Nikulshina, Olga Kuracheva, Olga Pakhtusova and Pyotr Verzilov – were found guilty last week after their brief invasion dressed in police uniforms at the final between France and Croatia at Moscow’s Luzhniki stadium on 15 July. The activists said the protest, accompanied by a statement and video, was aimed at highlighting abuses by Russian police. Their stunt was watched by

Russian President Vladimir Putin and French counterpart Emmanuel Macron as well as millions of viewers around the world. They face a separate hearing on Tuesday for the unlawful wearing of police uniforms, punishable by a small fine. Pussy Riot swept to global fame in 2012 when three of the punk collective’s members were arrested for performing an anti-Putin protest song in a central Moscow church. Two, Maria Alyokhina and Nadezhda Tolokonnikova, served jail terms, while one other, Yekaterina Samutsevich, had her sentence suspended on appeal. Alyokhina on Monday lost a libel case against her and Russia’s Sobesednik magazine launched by the penal colony where she was held. It concerned claims she made in an article about poor working conditions and wages for prisoners, Interfax news agency reported.

Mbappe… No Madrid move for PSG forward

German FA Rejects Ozil’s Claim on Racism Germany’s football association (DFB) has “emphatically rejected” allegations of racism from Arsenal’s Mesut Ozil, but says it could have done more to protect him from abuse. Ozil, 29, said he no longer wants to play for Germany, citing “racism and disrespect” within German football. The midfielder says he received hate mail and threats, and was blamed for Germany’s disappointing World Cup. The DFB said it “regrets the departure of Mesut Ozil from the national team”. It added in a statement: “We emphatically reject the DFB being linked to racism. The DFB has been very involved in integration work in Germany for many years.”

Ozil was criticised by the DFB and in the German media after being photographed with controversial Turkish president Recep Tayyip Erdogan at an event in London in May. He received more criticism after Germany were knocked out of the World Cup in the group stage. The DFB conceded it had not handled the matter well, adding: “It is regrettable that Mesut Ozil felt that he had not been sufficiently protected as a target of racist slogans.” It stressed its commitment to equality, saying: “The DFB stands for diversity, from the representatives at the top to the boundless, day-to-day dedication of people at the base.” Ozil, a third-generation

Turkish-German, was born in Gelsenkirchen and was a key member of his country’s 2014 World Cup-winning side. A month before Germany defended their title, Ozil met Erdogan, along with fellow Germany international Ilkay Gundogan, a Manchester City player who is also of Turkish descent. Ozil says he and Gundogan talked about football with the president. Afterwards, photographs were released by Turkey’s governing AK Party in the build-up to elections in the country, which Erdogan won. Many German politicians questioned Ozil and Gundogan’s loyalty to German democratic values. Germany has previously criticised the Turkish leader’s

crackdown on political dissent following a failed coup. The players met the German FA president to explain the image, though Ozil had not issued a public statement on the matter until Sunday. He said Erdogan had also met the Queen and Prime Minister Theresa May while in England, and said he would have been “disrespecting his ancestors’ roots” had he not posed for photographs with the Turkish president. “It wasn’t about politics or elections, it was about me respecting the highest office of my family’s country,” he added. Ozil has 92 caps and has been voted the national team’s player of the year by fans five times since 2011.

GOtv Boxing Night 15: We’ll Ensure Maximum Security, Organisers Promise Flykite Productions, organizers of GOtv Boxing Night, have promised to provide adequate security in and around the Indoor Sports Hall of the Obafemi Awolowo (formerly Liberty Stadium) in Ibadan, venue of the fifteenth edition of the event. The event, which holds on Sunday, will feature seven bouts, including the African Boxing Union (ABU) lightweight title duel between Nigeria’s Oto “Joe Boy” Joseph and Ghana’s Nathaniel Nukpe. While speaking in Lagos yesterday, Jenkins Alumona, Managing Director of Flykite Productions, said fans have nothing to worry about when coming for the event, top-notch security arrangements for event have been made. “We want fans to feel safe in and around the venue. We want families to come and enjoy the action. This is why we have made

provision of security a priority. One of our partners, KSquare Security, is an industry leader. We are also going to have policemen at the event to watch over vehicles and ensure that there is no breach. We’ve had this event 14 times and not once was there a breach. I call on every boxing fan in Ibadan and environs to come to the stadium on Sunday,” he said. Also scheduled to fight at the event are Ibadan-based Akeem “Dodo” Sadiku, Olaide “Fijaborn” Fijabi, ABU light welterweight champion; Idowu “ID Cabasa” Okusote, Daniel “Big Shark” Emeka, Prince “Lion” Nwoye, Sulaimon “Olags” Adeosun and Michael “Lion Hear” Godwin. The event, sponsored by GOtv and Bet King, will be beamed live by SuperSport in 47 African countries. The best boxer at the event will go home with N1million attached to the Mojisola Ogunsanya Memorial Trophy.

L-R : Adekunle Adeniji, Sales and distribution executive MTN Nigeria, Richard Iweanoge, General Manager,Brands and Communications, MTN Nigeria, Ferdinand Moolman, Chief Executive Officer, MTN Nigeria, Amina Usman, General Manager Regional Operations North, MTN Nigeria. During the Final of the maiden edition of MTN’s CEO’s Cup between Lagos 3 and Abuja on Saturday the 21st of July 2018.

Tuesday July 24, 2018

UT H

& RE A S O

Price: N250

MISSILE APC to PDP “Nigerian people rejected them on account of 16 years of absolute misrule at the peak of our prosperity as a nation when oil sold for $140 per barrel and we came in when oil price has dropped. If with all those huge revenue that accrued to them, people complained of bad roads, whether from the South to East from the North to the West, they have nothing new to oﬀer to the Nigeria people.” – The National Chairman of the All Progressive Congress (APC), Adams Oshiomhole, reacting to threats by the Peoples Democratic Party (PDP) to boycott the 2019 general election, stating that such threats are borne out of the fact that the opposition party now understands that its end is near.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Dasuki’s Bail and the Attorney General

t is more than two weeks now since His Lordship Justice Ijeoma L. Ojukwu of the Federal High Court, Abuja, gave clear, positive and unambiguous orders in the matter between Col Mohammed Sambo Dasuki (rtd) as applicant and three persons - the Director General, State Security Services, the State Security Services and the Attorney General of the Federation as respondents. His Lordship affirmed that the continued detention of the respondent by the operatives of the second respondent, under the instruction of the first respondent since 29th December 2015, without granting him administrative bail, “is a violation of his fundamental right to liberty under Section 35 of the Constitution of the Federal Republic of Nigeria 1999”. The Court grants Dasuki bail, with clear conditions that must be fulfilled, and even goes further to add that “where there is any interview with the Applicant by the Respondents in respect of those allegations, the Applicant shall not be detained and such interview shall be conducted on working days only between 9.00 hours to 18.000 hours.” This would be about the fifth time that a court of competent jurisdiction, including the Federal High Court, the Federal High Court of the Federal Capital Territory and the ECOWAS Court will grant Col. Dasuki bail, and the Federal Government will refuse to obey the orders of the court. Commitment to the rule of law is by far, the strongest demonstration of the democratic credentials of a government. Failure to respect the rule of law translates into the rule of men and blatant dictatorship, if not fascism. It is scandalous that a government whose leader is the only President to have been invited to address the International Criminal Court on issues of justice and the rule of law, on the occasion of the 20th anniversary of the Rome Statute, and who gave a commitment before that Court that his government is indeed committed to the rule of law and fundamental human freedoms, is to be seen to be abusing the courts of the land and violating the judicial process. This hypocrisy is condemnable. The disobedience of the courts in the Dasuki case is not the only one of its type; it is a pattern that we have seen since 2015. What is worse is that the Attorney General of the Federation and Minister of Justice has been in the forefront of this entrenchment of a culture of impunity and official lawlessness. When the ECOWAS Court in October 2016 ruled that Colonel Sambo Dasuki’s continued detention was a violation of his fundamental rights, an aide of the AGF reportedly said the Ministry of Justice was studying the judgement. Close to two years later, they are still studying the judgement! In some other instances, they don’t even bother to study anything before telling the courts to shut up. But it is perhaps in reacting to the latest ruling by Justice Ijeoma Ojukwu that the Attorney General fully revealed the mind of the government. He has been quoted as saying, and he has not denied saying so, that the Federal Government will not release Dasuki from detention because according to him, Col. Sambo Dasuki is responsible for the killing of more than 100, 000 Nigerians, and so, he is being kept by the state in the interest of the “larger pubic good”, because “government is about the people and not only for an individual.” I respect Abubakar Malami. He is a Senior Advocate of Nigeria, and as desperate as things may be in this country, we have not yet reached a level where the SAN certificate can be procured at the famous Oluwole market. It is earned. Senior Advocates are therefore respected because they are at the peak of their chosen

Mohammed profession as distinguished persons. Malami, SAN, certainly knows the law but with due respect, what he has said about the Dasuki case is sheer, reckless twaddle. Every lawyer, even while serving clients, is expected to be an officer in the temple of justice. The Attorney General of the Federation is the chief law officer of the country, and the chief legal adviser to government. In Sections 150 and 174, the Nigerian Constitution places enormous responsibilities and burdens on his shoulders. Nowhere in that Constitution is he required to engage in beer-parlour talk; serve partisan interests or function as anybody’s sycophant. AGF Malami should know that he cannot by administrative fiat disobey a court of law, to do so would amount to a clear abuse of court, and an act of contempt. If there are any compelling arguments to warrant the continued detention of Dasuki, the best place to canvass those arguments would be in the court of law, and through an appeal process. Knowing this, the AGF indeed made some reference to the possibility of an appeal, but what he seems to have done is to convict Dasuki. The former National Security Adviser was arraigned on charges of illegal possession of fire-arms, breach of public trust and illegal diversion of $2.1 billion. Malami amends the charge list, ex facie curiae, when he says the accused was responsible for more than 100, 000 deaths. This is most strange, for, the Attorney-General, no matter how heavy the pressure of his work may be, must be seen to be the chief protector of due process, standards and best practice. He cannot be seen to be acting as the accuser, the jury and the judge in either the Sambo Dasuki case or any other matter. This will amount to a violation of the doctrine of the separation of powers. The Attorney General’s personal opinion cannot override the duty of the court to grant every accused person the right to fair hearing. Section 36(5) of the Nigerian Constitution provides for a presumption of innocence. In the absence of conviction, it is unfair to lock Dasuki up and throw away the key, and to at the same time, take away his dignity and liberty, and prosecute him in the court of public opinion. The sacred duty of the Attorney General of the Federation is to ensure that the letters of the Constitution take precedence. The liberty of any Nigerian should not be deprived except through due process. The spectacle of an Attorney General advising the Federal Government to disobey the courts must also be shocking to all lawyers and every party involved in the administration of justice. Except there is a supernatural reason for such a development, which is unknown to us, it makes no sense within the province

of the law to so act, because the Attorney-General, in the contemplation of the Constitution, is an officer of the law and not a marabout. This is the more reason why we should re-open the debate about the possibility of separating the office of the Attorney General and Minister of Justice. The National Assembly is accordingly enjoined to take a second look at Section 150 of the Constitution and amend it in order to resolve an inherent conflict which places the protection of the rule of law at the mercy of the strength of character of the occupier of that office as currently defined. Section 150 states that: “There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.” Let me try and define the conflict. The Attorney General of the Federation as “Chief Law Officer” of the Federation is necessarily performing a professional function, part of which is further explained in Section 174. He is expected to know the law, enforce due process and advance the cause of justice. He is a technocrat, and that is why he must be a lawyer of not less than 10 years experience. A Minister of the Government of the Federation is basically a political appointee, exercising delegated authority as determined by his appointor - the President of the Federal Republic. While the Attorney General’s commitment should be strictly to the rule of law, the Minister is judged and retained by his boss, and party members on the basis of his or her loyalty, the quality or non-quality of it. Not too many men can walk this tightrope successfully, balancing these two functions and the conflicting expectations, and this has been the major challenge with the idea of combining in one person the functions of an Attorney General and Minister of Justice. .

To be fair, even in the United States where there is only an Attorney General, who functions independently of the Presidency, there is always conflict. This is the main story, for example, of James Comey’s book, A Higher Loyalty (2018). Comey insists that loyalty to the country and the rule of law is more important than loyalty to Mr. President. I am paraphrasing him of course, but it is a book that Abubakar Malami should read. An amendment of Section 150 of our Constitution should create a separate office of the Attorney General of the Federation, which will be completely independent, and whose occupier will have a security of tenure, and no party or political affiliation. There can then be a Minister of Justice, who if he wishes can attend party functions and go to the Villa every day to shoot the breeze. As long as he is not in any position to do any damage to persons and institutions, he can be as political as he wants. What we cannot afford is an Attorney General who would behave in such manner, mixing the law with politics, cherry-picking in the temple of justice, and politicizing the management of cases. We have enough anarchy in the country already; we do not need to extend the frontiers of anarchy by allowing government to break the law. The men of today should guard against setting dangerous precedents that could consume them and the country tomorrow. The rate at which institutions have been bastardized to pave way for recriminations and vengefulness is bound to bounce back negatively and our democracy will be worse for it. Abubakar Malami is the 23rd Attorney General and Minister of Justice of the Nigerian Federation. He should be more keenly aware of the twin-burdens of law and history that rest on his shoulders - by doing what is right in all matters and to all men.

II. Ekiti Election: A Few Words

have up until this moment resisted the temptation to comment on the just concluded gubernatorial elections in Ekiti state for the simple reason that the more the facts of the process emerged, the more confusing they seemed. About a week later, certain things have however become clear which deserve our attention. One, the Ekiti gubernatorial election is a classic Nigerian type of election. It was certainly a do-or-die election, in which the two main parties involved were determined to win by all costs and by any means possible. Nigerian politicians believe that whoever wins and gets declared has the upper hand. Win first and if the other party likes, he can go to the tribunal or the appellate courts. But just don’t lose at the first instance. Whatever happens thereafter is a matter of chance and technicality. In this regard, the APC smartly outwitted the PDP, and the victory seems sweet. However, the reduction of the Nigerian electoral process to such tragic melodrama certainly does not serve our democracy well. There were no heroes in the Ekiti election, only villains. Two, there is no evidence here or elsewhere that the Nigerian electorate has learnt any lessons from past experiences. They openly collected money, from all possible sides in the conflict. Vote buying sets us back by a long stretch. Tethered as it is to a transactional root, Nigerian democracy is physically challenged. This is sad, and it is important that reports of vote-buying by both local and international observers should be investigated. A cash and carry voting process is a violation of free choice. Three, the Ekiti election presents us with perhaps the most brazen case of godfatherism that we have yet seen.

There were two major candidates, Olusola Eleka of the PDP and Kayode Fayemi of the APC. But the whole thing soon became a contest between Fayemi and the out-going Governor, Ayo Fayose. You would think Fayose was the one on the ballot. He danced more than the bride and cried more than the bereaved. Why do outgoing Governors insist on anointing their own successors and dictating to the electorate? They abridge the people’s choice by seeking to impose their own will. They are driven not by public good but their own insecurity. By rejecting Fayose’s candidate, it can be said that the people rejected his presumptuousness. And by the way, what manner of man is Olusola Eleka? He accepted and projected himself as a puppet throughout the entire process. Many Nigerians do not even know him as a candidate. He was absent, voiceless and timid. If he had won, he probably would have ceded authority to his Godfather and allowed him to do a third term by default. He did not deserve to win. If I had a stake in the matter, I certainly would not have voted for him. His spinelessness is disgusting. But Fayemi should also not be over-triumphant. He may end up with a hostile and aggressive PDP-dominated House of Assembly. The war with Fayose may also only just have begun. It will be naïve to under-estimate Fayose. Four, the electoral commission, INEC, still has to clean up its act ahead of the 2019 general elections. Its performance in Ekiti is far from satisfactory. What we have seen is that the professional political elite is prepared to do battle in 2019, and that promises to be a really fierce battle. Voter education will be most critical; the people’s readiness to sell their votes speaks to the level of poverty and depravity in the country. Nigeria itself needs to be saved.

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